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Taber v. State Board of Registration and Examination

Decided: July 15, 1948.

SYDNEY A. TABER, PROSECUTOR,
v.
STATE BOARD OF REGISTRATION AND EXAMINATION IN DENTISTRY OF NEW JERSEY, DEFENDANT



For the prosecutor, Brogan, Hague & Malone (Thomas J. Brogan).

For the defendant, Walter D. Van Riper and Joseph A. Murphy.

Before Justices Bodine, Heher and Wachenfeld.

Bodine

The opinion of the court was delivered by

BODINE, J. For the sake of clarity and discussion, we quote from the opinion of Mr. Chief Justice Case reported in 137 N.J.L. 161, as follows:

"Sydney A. Taber, a licensed dentist of the State of New Jersey, was, after hearing by the State Board of Registration and Examination in Dentistry of this state, found guilty of violating section 45:6-7 subdivision (h) of title 45 of the Revised Statutes (as amended Pamph. L. 1941, ch. 316;

Pamph. L. 1945, ch. 193) on the ground inter alia that he was employed by an unlicensed manager, proprietor, operator and conductor as defined in section 45:6-19, title 45 of the Revised Statutes; and his license was suspended for six months. We have particularized that specific finding as a basis for remarks that follow. The cited statute, in subdivision (h), provides in part as follows:

"'Any license to practice dentistry may be revoked or suspended by the board upon proof to its satisfaction that the licensee: * * *.

"'h. Has been employed by an unlicensed manager, proprietor, operator or conductor as defined in section 45:6-19 of this Title * * *.'

"There are other, but severable, provisions in subdivision 'h.' We find it unnecessary, for the purposes of this decision, to pass upon their constitutionality. R.S. 45:6-19 (as amended Pamph. L. 1941, ch. 316; Pamph. L. 1942, ch. 38), referred to in the above enactment, provides:

"'The terms manager, proprietor, operator or conductor as used in this chapter shall be deemed ...


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