Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1875-12-01
ruE Asrr.arAckEsY LAW.

THE ANri-arAckERr Law.
The medical fraternity (vhat q name
to apply to docton) Of Nevada. were
very much exercised Last Winter BY the
passage BY our Legislature Of q law to
prohibit quacks from practising msdi-
cine. The Act was introduced in the
Assembly. vigorously debated. finally
passed by both Houses. and was signed
by the Governor. 1t requires every
physician or surgeon, resident here. TO
file with the County Recorder Of the
county wherein he intends TO practice.
a copy Of . diploma issued from some
regularly chartered medical school. and
to exhibit at the same time tho original,
or q certificate Of the fact Of his gradua-
ton from the Dean Of his school. and
also to make proof Of his identity. The
penalty for violating the provisions Of
the Law L. ans and imprisonment. DR..
Spinney. who advsrtises extensively a.
a specialist. was one Of the unlucky few
Who were in practice hero without
proper credentials. He was therefore
arrested by a constable OF this county.
On a complaint charging him with viola
ton Of the Law referred 70. He appealed
the case to tho Supreme Court and gave
bonds for his appearance. should the
case be decided against him. The
doctor in this matter was determined
to make a test Of the con
sti~tutionality Of the law. and rep
resented. a. We IN informed. quits
AN extensive list Of dslinqucnts through
out the State. The cas- went to th,
Supreme Court on . writ Of habeas cor
pus. In the hearing Of which before thu
higher Court IL was claimed that thu
Law 10 unconstitutional, because IL 10 81
special Law in a case where q genera
Law 10 applicable. contrary to the pro
visions Of Section 81 Of Article 4 Of III,
Constitution Of this State. and Is also il
conflict with the Fourtesnth Amend
mept 10 the Constitution Of the United
States, which declares that no Stat
shall make or enforce any Law whicl
shall abridee the privileges or i'm
munities Of the citizens Of III,
United States; and also the sec
second section Of Article 4 Of the Con
~stitution Of the United States. which
declares that tho citizens Of each Stat
shall Be entitled to all tho privileges AM
immunities Of citizens in the severn
States" The Court has just rsndsrs'
its decision. the text Of which 10 pub
iished in the Eatsrpriss OF this morning
Two opinions are given. both Of whiel
sustain the law. one wholly. the oths
partially. Judge Beatty holds that Ii
the clause which requires . physical
who. without . diploma, claims tn
right to practice medicine. to have prac
tieed within tho limits Of the State 70
''ten years" nsIt preceding the passaG
OF the Act. tho last clause is arbitrsr,
and unconstitutional. He reason
closely on this point. and gives II n hi
judgment that IL ten years practice Il
the State 10 sufficient to justify the ab
.snce Of q diploma, Il does not matte
that the term Of practice shal
have been "neIt preceding III
passage Of the Act" but tina
the length OF practice. not tho partic
ular years. is intended to be made tn
test OF qualification. Chief Justice
Havley concludes that the whole law as
IL stands upon the statute book 10 strict
ly within constitutional limits. Upor
the point criticized by Judge Beatty. the
Chief Justice says: "The Legislature
saw lit in establishing this test q. C.. q
diploma from some regularly chartered
medical school) to except from its pro.
visions q certain class OF physicians and
surgeons. In NO doing 1t in effect de
clared-to state the extreme case-thaI
the physician or surgeon who had prac'
tieed his profession in this State for thu
period Of ten years Immediately prece'
ding the passage Of this Act was rs vel
qualified. in its Judgment. to continue
the practice Of his profession AZ the
student. coming fresh from the halls Of
college with his diploma was to CON-
mence II. In adopting this exception
the Legislature did not infringe upon
any provision OF our State or Federal
Constitution. aud We are not. therefore.
required to state what, in our opinion,
may have been the motive for the enact
ment Of this Law. The reason which
induced tho Legislature to insert tho 81.
csption may have been n varied as the
different minds Of its members. 1t is
simply the question Of power that we
are called upon to discuss and determine.
wbsther the power Of the Legislature