Abelson's, Inc. v. New Jersey State Board of Optometrists

The opinion of the court' was delivered by

Hehek, J.

The primary question here is the constitutional sufficiency of certain provisions of the act regulating the practice of optometry, as amended by ch. 350 of the Session Laws of 1948. B. S. 45 :12-1 et seq.; P. L. 1948, p. 1401. The proceeding was instituted under the Declaratory Judgments Act. B. S. 2:26—66 et seq. The complaint prays that the amendatory act of 1948, or specific portions thereof, be adjudged unconstitutional and void as unduly restrictive of the right of private property and an arbitrary exercise of the police power; and that…