Honorable George 3. COX, Page 5 

Ta'ailure to dimlay ceriiificate 

"Sec. 4. Tb.3 iaZ.lum 0: sny person,"iim, 

corporation, aomion carrier or essooiation encszed in any of the busluesssa desoribed In this 

at, to display at the pZaoe where eny of the oper- 

&ions of such busluozsen an, being conduoted, a 

valid health or regis.t,'ation oortiilccte, cs required by this Act, ror etch person ezzployed in, 

m, or about saoh place, sha3 be prl%a la&e evldews that the said person, I%mI cor,sOratiou, cm 

zon oerrier or aesool~tlon, in viol~.tl~,n 0r raquirements cielled for by this Act, railed to :e+i?e the 

exhibl$tin of the pre-employzwnt health certifiioete., 

of suoh person end reiled to institute end have 

nade of such person, actual tnd thorough ezuitiatlona 

ueoeesary to the findings or freedom rrois oonuunicable diseases at iztervsls ci tine not exceeding 

six aonthe.' 

Pen&g 

Yieo. 5. .'Ehoever violates auy provision of 

thlo Aut shallbe fined in an emount not exaeedlng 

90 Hundred Dollars ($200). Eeoh'aat or omission 

in violation 0r ‘%my or the provisions or this Artiole, 

shall oonstitute a.separete ofTense and ahall be 

punishable 'es hereqebove gresoribed. 

Partial invalldl~ 

"Sect. 6. If any provision, seotlon or pert or 

this Act Is deoiared unoonstltutionel or held invalid; or the applicability thereof to any person 

or cirounstanoes Is held,lnvaIid, the oonstltution- 

&lity or thb remainder or the Act end the eppllaatlon 

t%reof to the persons and other oirouustanaes shall 

not be eiieoted thereby, snd to this end the prodsions of this Aot are deolared to be severable." 

rirsti 

It is !ni.n to see that this eot makes it unlawful, 

for propr E- etors to work or employ ewlopees wita in- 

.;c or cantagioue dleeese; seoond, iOr proprietors to 

i:$&nloyees who did not haha ovw to such e%Ployers valid 

he&t:-&ljifi~atee; third; ror pr0prletors~railing'to require 

phpicsl e~atlons 0r employees; fourth, ror Panuraotur*rs 
Zonorhble C+orce ?C. Cox, ?z;e 6 

cz veziors of candies or =lautieotused sweets to sell to 

xrsfis who do act heva v&id l?L.th oeH.i~loats's, or who 

tie not have display oeees as rcTsi:ed by law, and fifth, 

e+nst proprietor3 ror rr:lins to display oertifioetes. 

It is equally cioz, however, that the eot d-3 

not, by its term, and In plain laugucge, oaeete ofienses 

egxbst either physiaiau, mployer or employee for improper 

or ne@igent iosuanoe of health ae,-tl~icete3. .. 

There are oerteiu delini-;e rules of' statutory oonstruction, and other equally imil::ar rules &overning the 

interoretatloa or 0rMnal statutes to whioh we must adhere. 

As &ted in 12 !&eras Jkrisprudenott 222: 

"The Penal Code provides #et the design 

oi emoting it is *to derine in plain lsngusge 

ova-y ofiense',; that 'no person shell.be punished for au offense whioh is not made peril by 

the plaiu isport of the words or e law*; and 

that a peael law must be rega?*ded es wholly inopsrative ii it is so inderiuitely framed or or 

such'doubtful construction that it oannot be 

understood, either frou the language in whioh lt 

I.3 expressed or from some other written law of 

the state; and the ConstItuticn,gu3r3nteee't0 

every citizen the right to !mc.wthe nature snd 

oharaoter of the eoousatlons a&nst him." 

On peie 224 of the sue book, it is.said: 

ko warax& a conviotion the cot or omission 

must be plainly and uazistaketly klthiu the definition of the statute, ssd nithin both the letter and spirit or the law, aha ir'there is any 

fair doubt whether the statute embraces It, that 

doubt must be resolved in favor of the aooused; 

There osn be no oonstructive ortenses, and where 

the statute expressly limits the punishment to 

certain qlasses oi persons, or ror the,doing of 

certain acts, pnlythose brought by the faots 

within suoh definition are amenable . . 're 

In our oonversation with you, 'you stated that it cas 

your ICea that perhaps these physicians who were .guilty or the 

.praotic~s indiaated, could be punished or made menable to the 

punishment provided in Artiole 705-C, Vetion's Annotated Zenal 

Code; by holding them guilty es aoomtplloes or eooessories. 
Honorable 

ZTortb the 

contained 

Oeorge M. 00x, Page 7 

6e believe that it till only be neoessary *o set 

derinltion of 2sr;ooxcpllce~ end ueocessory3 es 

in Artiole 70 end Article 77 of the Penal Code. 

Artiole 70 rends a3 roxtovis: 

*An aooomplioe is on0 wko Is not present 

at the comis3ion or an orreLse, but ~220, betore the eot is done, advises, oommands or en3ourQe8 another to oomlt the orrense; or 

The agrees with the prlnoipel orrender to 

aid hlm in oommitting the Offense, though he may 

not have glven.suoh aid; or, 

, 

Tiho prqnlses any ‘reqrd, revor or other 

inducement, or threatens any injury in order to 

proaure the oommission or the,orrense; or 

Tiho prepares arms or ail of any kind, 

prior to tho oommisaion.or an offense'ror the 

purpose or asslating the principal in the exeoution or the~sane.~ 

A.&iole 77.of V&non*b Awiotated Penal Code, in 

derlzing an e&essoq; reeds in part as rolloti: . 

%n adoessory IS’ one, ;??~.a, kuom tlmt 

an oirense has been cosmitted,'oonoeals the' . 

oiioz@er, or'gives'hdm any other aid inorder 

the% he may evade an arrest 02 trial Or the 

executionof his sqtenoe . . .* 

You be .thereiore respjo”.iully ‘advised, and it is 

the ODinion Of this DeDartment. that Artiole 705-C Or Vernon*s 

¬ated Penal Code, does not-oreate an oirense for whioh 

physialans may be proseouted ror the negligent or Improper issuanc9 of health bertifloates; nor may such physiolans be prosecuted as aaoomplioes or aooessories, 

Yours very truly 

xJ?TomEY G2mmL .OF pxAs