Kindy Opticians, Inc. v. State Board of Examiners in Optometry

Plaintiff, a Minnesota corporation, duly licensed to conduct the business of dispensing optician in this State, filed a bill in equity against the defendants, seeking a declaratory judgment as to the constitutionality of Act No. 223, § 8, subd. (i), Pub. Acts 1937 (Stat. Ann. 1939 Cum. Supp. § 14.648), which amends 2 Comp. Laws 1929, § 6788, contending that said subdivision is unconstitutional because not within the scope of the title of the act.

The statute in question provides that it shall be unlawful for “any person to advertise glasses or lenses, frames or their supporting accessories,…