Ritholz v. Johnson

The plaintiffs are partners doing business as Optical Stores Company, and bring the action to enjoin the Wisconsin Board of Examiners in Optometry from bringing actions to enforce sec. 153.10, Stats., on the ground that it is void as violative of the Fourteenth amendment of the United States constitution. The case was before the court in 244 Wis. 494, 12 N. W. (2d) 738. The court declined to pass upon its constitutionality under the Fourteenth amendment except upon evidence to show how the practices banned by the statute affected the public health, safety, or welfare because it could not take…