Klein v. Dept. of Registration

Rehearing denied May 19, 1952. Appellee, Robert Klein, a duly qualified, registered and practicing optometrist, instituted this action in the superior court
of Cook County against the Department of Education and Registration of the State of Illinois and its Director, Noble J. Puffer,
the appellants, seeking by such proceeding to enjoin appellants from enforcing certain provisions of the Illinois Optometric
Practice Act approved June 15, 1951, (Ill. Rev. Stat. 1951, chap. 91, pars. 105.1 to 105.29 incl.,) which appellee claims
are constitutionally insufficient. Appellants filed a motion in the nature of a demurrer to the bill and, upon the pleadings
made, the trial court entered a decree granting the injunctive relief prayed and finding the act to be susceptible to the
constitutional objections raised. Appellants have perfected a direct appeal to this court and their efforts here are supplemented
by a brief filed by the Illinois Optometric Association on leave granted to file as amicus curiae.