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Cooper v. State Board of Veterinary Medical Examiners

Decided: November 7, 1934.

FRANK S. COOPER, RELATOR,
v.
STATE BOARD OF VETERINARY MEDICAL EXAMINERS OF THE STATE OF NEW JERSEY, RESPONDENT



On mandamus.

For the relator, Lionel P. Kristeller (Jacob L. Newman and Saul J. Zucker, on the brief).

For the respondent, David T. Wilentz, attorney-general (Robert Peacock, assistant attorney-general).

Before Brogan, Chief Justice, and Justices Parker and Bodine.

Brogan

The opinion of the court was delivered by

BROGAN, CHIEF JUSTICE. The relator holds an alternative writ of mandamus; a return was made, to which relator demurred. On the pleadings and issue raised the relator seeks a peremptory writ to compel the New Jersey state board of veterinary medical examiners to issue him a veterinary license to practice such calling in this state on the strength of a license issued him by the Veterinary Examiners Board of the State of Indiana, which permitted him to practice as a veterinarian in that state.

The facts have been stipulated and, briefly, they are that the applicant is now a resident of New Jersey; that he engaged in the practice of veterinary medicine, &c., in the State of Indiana prior to January 23d, 1902, on which date he received a certificate from that state; that he practiced his profession in Indiana until August, 1931; that in the year 1911, the legislature of Indiana amended its statute on veterinary practice to the effect that from and after that year all such veterinarians, licensed in the State of Indiana, were required to register and reregister for two-year periods and all persons practicing as veterinarians for eight years prior to 1911 were duly licensed under that statute to practice without further examination; that the relator came within the provisions of that statute and received license to practice, which license continues in full force and effect and is valid in the State of Indiana.

The relator, in June, 1932, applied to the state board of veterinary medical examiners of the State of New Jersey for a license, claiming that under our statute entitled, "An act to regulate the practice of veterinary medicine, surgery and dentistry in the State of New Jersey, to license veterinarians and to punish persons violating the provisions thereof" (Pamph. L. 1902, p. 36; 4 Comp. Stat., p. 5707), and the acts amendatory thereof and supplemental thereto, he was entitled thereto. The New Jersey board denied him a license on the ground that his qualifications did not meet the requirements of the New Jersey statute and that he was not a graduate of a recognized veterinary college. The relator has a diploma from a correspondence school in Canada. These several matters are set out in detail in the return to the alternative writ.

Accompanying the relator's application to the New Jersey board there was an affidavit made by the secretary of the veterinary examining board of the State of Indiana, certifying that since 1912 applicants for veterinary license in Indiana are required to pass an examination in certain subjects, which are detailed, which the affiant declares are substantially the same as those subjects required by the State of

New Jersey for a license "but that the above [subjects] were not required at the time Frank S. Cooper [relator] obtained his license in Indiana in 1902," &c. As to this the return admits that the affidavit of the secretary of the Indiana board alleges that the requirements of Indiana and New Jersey are substantially the same but it denies that they are in fact the same. It further avers that the said applicant is a nongraduate licensee of Indiana and that he has not pursued the study of veterinary medicine for at least three years, including three regular courses of lectures of at least six months each, in different years, in a legally incorporated veterinary college or university prior to the granting of the diploma, as is required by the New Jersey statute; further, that the school from which the applicant was graduated is a school that is not approved within the meaning of our statute. All this is admitted by the relator.

Turning to the statute, it is apparent that section 6, upon which the applicant relies, contemplates three classes of persons. The first ...


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