Skip to main content
· 7/1/1880

Ex parte Frazer

Citations

  • 54 Cal. 94

Syllabus

<p>Boabd of Medical Examinees—Police Poweb.—The State, in the exercise • of the police power, may provide for boards authorized to examine persons seeking to be admitted to practice medicine, to be appointed by any citizen or citizens named.</p> <p>Id. — Cokpobations — Descbiftio Pebsonze — Constitutional Daw. — The second section of the Act of April 3rd, 1876, “to regulate the practice of medicine”—as amended in 1878—confers the power of appointing Boards of Examiners upon the three named societies, which are said to be “ existing corporations,” but it does not confer this power upon them as corporations, and is therefore not in contravention of the provision of the late Constitution that corporations shall not be created by special laws. The words “ existing corporations” are to be treated as merely descriptiopersonarum: Constitutional Law. —An unconstitutional provision in an act does not affect the validity of another provision in the same act, which is not obnoxious to the objection, unless the two provisions are so united that a presumption .arises that the Legislature would not have adopted the one without the other.</p>

Judges: Bank, McKinstry

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.