The opinion of the court was delivered by
Eor the sake of clarity and discussion, we quote from the opinion of Mr. Chief Justice Case reported in 137 N. J. L. 161, as follows:
“Sydney A. Taber, a licensed dentist of the State of New Jersey, was, after hearing by the State Board of Registration and Examination in Dentistry of this state, found guilty of violating sectiоn 45 :6-7 subdivision (h) of title 45 of the Revised Statutes (as amended Pamph. L. 1941, ch. 316; *393 Pamph. L. 1945, ch. 193) on the ground inter alia, that he was employed by an unlicensed manager, proprietor, operator and conductor as defined in sectiоn 45 :6 — 19, title 45 of the Revised Statutes; and his license was suspended for six months. We have particulаrized that specific finding as a basis lor remarks that follow. The cited statute, in subdivision (h), provides in part as follows:
“ 'Any license to practice dentistry may be revoked or suspendеd by the board upon proof to its satisfaction that the licensee: * * *.
“ 'h. lias been employed by an unlicensed manager, proprietor, operator or conductоr as defined in section 45 :6 — 19 of this Title *v *
“There are other, but severable, provisions in subdivision 'h.’ We find it unnеcessary, for the purposes of this decision, to pass upon their constitutionality. R. 8. 45:6 — 19 (as amended Pamph. L. 1943, ch. 316; Pamph. L. 1942, ch. 38), referred to in the above enactment, provides:
“ 'Thе terms manager, proprietor, operator or conductor as used in this chaрter shall be deemed to include any person who
'"(1) Employs operators or assistants; or
'"(2) Places in the possession of any operator, assistant, or other agent such dental material or equipment as mаy be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such matеrial, equipment or office; or;
'"(3) Retains the ownership or control of dental matеrial, equipment or office and makes the same available in any manner for the usе by operators, assistants or other agents; provided, however, that the above shаll not apply to bon,a fide sales of dental material or equipment secured by chattel mоrtgaged ”
The case was remanded for us to find the facts and determine whether the aсtion of the board in revoking or suspending the license was proper under the statute.
We think it was implicit in our decision that the facts justified the finding of the State Board. Nevertheless, in viеw of the mandate, we proceed to examine the proofs.
*394 The first witness callеd was Dr. James A. Morton, who, during the year 1943, had an agreement with David Locks, of Eochester, New York. He had answered an advertisement in the New York Times for a New Jersey dentist. Pursuant to his answer, he mеt a Miss Howard and Mr. Locks at the Waldorf Astoria Hotel. Locks asked Morton if he would like to operate the best equipped dental office in the State of New Jersey. Hе brought out a blueprint showing the layout of the office at 786 Broad Street, Newark. Locks wаs to advance sufficient funds to set up the office in all phases such as rent, equipment, supplies and funds to carry on until the office was on a paying basis. Involved in the matter was the Dental Acceptance.Company, of Eochester, and Locks.
Later Dr. Sydnеy Taber took over the office and the lease. The secretary of the Firemen's Insurance Company granted the assignment of the lease from the Dental Acceptance Company or David Locks. It had credit reports and was willing to acceрt the Acceptance Company or Locks as tenants. Taber was a subtenant subject to guarantees from the financier.
Dr. George E. Barker worked for Dr. Morton and was there when Dr. Taber assumed full control of the office. The materials used were furnished by Locks and Barker even talked salary with him. The representative of a broadcasting company did business with Dr. Morton and Dr. Taber. When he discussed the contract with Dr. Morton, Mr. Locks spoke to him regarding the program that he liked and approved.
A reading of the whole testimоny demonstrates that every detail of the business was handled and directed bjr Locks or his affiliаted companies. Dr. Taber was a mere employee without freedom of prоfessional action. The evidence is, in part, circumstantial and relates to others. Wrongful conduct, in many instances, is so shown. The inferences are for the frier of the facts and support the conclusion of the Board.
We have no difficulty in finding that the proseсutor of this writ had been employed by an unlicensed manager, proprietor, operator or conductor as defined in the statute.
Judgment, in accordance with the mandate of the Court of Errors and Appeals, shall be entered.