Roschen v. Ward
279 U.S. 337 (1929)

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U.S. Supreme Court

Roschen v. Ward, 279 U.S. 337 (1929)

Roschen v. Ward

Nos. 667 and 668

Argued April 10, 1929

Decided April 22, 1929

279 U.S. 337


1. A state statute making it unlawful to sell at retail in any store or established place of business any spectacles, eyeglasses, or lenses for correction of vision unless a physician or optometrist is in charge of the place of sale and in personal attendance at it, though not providing specifically for an examination by the specialist, is valid. P. 279 U. S. 339.

2. A statute is not invalid under the Constitution because it might have gone farther than it did, or because it may not succeed in bringing about the result that it tends to produce. P. 279 U. S. 339.

3. It being obvious that much good will be accomplished by a statute requiring the attendance of a physician or optometrist at any place

Page 279 U. S. 338

where spectacles or eyeglasses are sold at retail, the question of the expediency of such legislation is not for the courts, and no presumption will be indulged that the benefits are a pretence and a cloak for establishing a monopoly. P. 279 U. S. 339.

29 F.2d 762 affirmed.

Appeals from decrees of the district court, three judges sitting, denying preliminary injunctions and dismissing the bills in suits to restrain state officers from enforcing a statute requiring the attendance of a physician or optometrist at places where spectacles, eyeglasses, or lenses for the correction of vision are sold at retail. The opinion below was reported sub nom. S.S. Kresge Co. v. Ottinger.

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