Beard

This is an original proceeding in mandamus. Upon the filing of the petition an order was issued requiring respondents to show cause why a peremptory writ should not issue to compel respondents to examine petitioners for licenses as embalmers under chapter 140, Statutes of 1929, page 258.

The sole question here involved is whether that portion of section 5 of the act relating to the requirement that the applicant “must have completed a full course of instruction in an embalming school of the Class A type as rated by the Conference of Embalmers examining .boards of the United States” is constitutional.

From the allegations of the petition it appears that petitioners have treated this provision as unconstitutional and have made no effort to comply with its requirements. They allege that they filed their applications upon the forms prescribed by the board showing themselves to be otherwise qualified under the act, but deleted therefrom all reference to the completion of a course in an embalming school of the class A type as rated by the conference. From the further allegations of the petition it appears that petitioners have completed a course in an embalming school, but it is not…