(dissenting).
The majority concludes that Section 414 of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Art. IV, 71 P.S. § 124, is unconstitutional because, under its terms, a private group is delegated the legislative power to make appointments to a governmental board. Of course, an Act of the General Assembly is presumed to be constitutional and will not be struck down unless it clearly, palpably and plainly violates the Constitution.1 Because I cannot agree that Section 414 is constitutionally objectionable under this standard, I must dissent.
In my view, the majority’s reliance on Hetherington v. McHale, 458 Pa. 479, 329 A.2d 250 (1974) (opinion announcing the decision of the Court), is misplaced. It was there concluded that Section 16(e) of the Pennsylvania Harness Racing Act2 (which granted authority to three private organizations to fill, from their respective memberships, eight of seventeen positions on a government committee charged with dispensing funds for agricultural projects) was unconstitutional as violative of the prohibition of delegation by the legislature of its powers to any other branch of government or to other bodies or agencies.3 Pa.Const., Art. II, Sec. 1. See State Board of *436Chiropractic Examiners v. Life Fellowship of Pennsylvania, 441 Pa. 293, 272 A.2d 478 (1971); Chartiers Valley Joint Schools v. Allegheny Board of School Directors, 418 Pa. 520, 211 A.2d 487 (1965). Here, no such delegation has occurred; it is the legislature, under Section 414, which expressly designates those who are to serve on the State Dental Council and Examining Board. Unlike the private organizations in Hetherington, the State Dental Society is not given statutory authorization to appoint anyone from its membership to the Board. In fact, Section 414 does not authorize the State Dental Society to take any action. While the membership of the Society does elect its president, it is the legislature which has acted to include the president on the State Dental Council and Examining Board. Finding no impermissible delegation, I would deny the motion for judgment on the pleadings which the Court today grants.
JONES, C. J., and O’BRIEN, J., join in this dissenting opinion.. See, e. g., Hetherington v. McHale, 458 Pa. 479, 489, 329 A.2d 250, 255 (1974) (Jones, C. J., dissenting opinion); Absentee Ballots Case (No. 2), 431 Pa. 178, 245 A.2d 265 (1968); Daly v. Hemphill, 411 Pa. 263, 191 A.2d 835 (1965).
. Act of December 22, 1959, P.L.1978, § 16(e), as amended, 15 P.S. § 2616(e) (Supp.1975-1976).
. Three members of the Court, including this writer, did not agree. Hetherington v. McHale, 458 Pa. 479, 329 A.2d 250 (1974) (Jones, C. J., dissenting opinion joined by O’Brien and Pomeroy, JJ.).