The Hawaiian gazette., 1877-09-19
Rslore judd nd MeCellr J.J.

The oglaioa Of the Court WAS delivered by
MeCpl,y J.
rhs matter before The Court is question re-
served As stated ia iss i0lioSJog certificate;
" Tbs IS 10 certify that o. The 5gh DAY Of Jsly
lS1I, tbts case eAae o. 70 % heard, and ; jury
e,rrsaellsi to try The issue, and the plaintiff
OEresd 10 svtisaes PHYSICIANS License daIsd
December IS, 1870. $igpei % the thea Minister
u lHtscSor aud sdaa1tIed that b. had eerer re
esiyed Csrsl6cats u Approval tTon the Board
Of Hs4lIh and pcoines& Doas, sud tbs detsGd4at
ey bis eoaRsel objected 20 the luIroiecstoa OF
the said leenss because not se5eteut ~ithoet
ihe said a Certificate Of Approval" and because
the same WAS altered by Al srsScre Ga It's lace
ard the Coa-s reserved It's opSnion on ire said
Question hor fartbes consideration BY The Co@rt
"a 5aaeo and ADMITTED the testimony, where
upon L WAS agreed BY both parties that the
plaiatfg might hare Judgment for 500. II the
COAT on the question reserved should Do Of The
cpi0lor TIA. the piziau5 Ess eetitled to rscoSsr
oghe-sjse be shogld take Hoshias.
~NoE therefore, 10 hereby certify this qaes-
tioc anG all the papers IN the caase 20 the 81,
prens Court ia baBeo.
Witness nv hand this 7th LAY Of July A. D.
1871.
(sixusd) A. FkAxcls JrpD.
Justice Supreme Coers, presidipg. -
By the papers referred TO- il appears that the
pi4ieti6 : Cai1sse doctor Ind the case Is as
suDpsis 90 bill for U eiical sttendarce on the
defendants dece1ieus aBi also for medicines,
10 does uos appear whether the medicines were
sold IL merchandise o. charged Is administered
n shs coarse 81 DsGlcal PgaeEbcs, bat the atEnls-
s5oos II eoaaseI and the agreement foe the plAln-
ID il the matter Of the physicians license, liDl.
the question 10 the right Of recovery Tor medical
attendance as adscssd BY Ii possession or the
want Of raid beeass 10 practice medicine II
this Kingdom
The AE reqqiricg 6cense Is the 47th Section
oE he ssh Chapter d sas Penal Code, which
re-saactsd. July lst 1870, what WAS the 1874
Ssctior Of the CIVIL Code with the incorporation
Of al .neadusGs passed II 1857, ami Is IL fol-
lows 81
II shall not be lawful for any person to prsc-
tice 10 this kingdom a. s physician or surgeon.
foc com PsusaEion Or reward. aaless be shah nave
6rss presented to the Board Of Health oc 10
such examiners IL sad Board uay appoint
for that purpose, satisfactory eyiieEee OF his
professional Qualifications aHd good moral char
aeter, and eotaiued 8 certificate u approval
from said Botrd, and license from the Minister
Of the Iutsrior- Any persoa violating the pro
VISIONS Of this section shall, upou CONVICTION
thereof. be liable 10 pen1lty Of ous hgadred
dollars Elr esch oEease-"
IL viii be seen that cue who world lawfully
practIce as physician o. surgeon Zoe coupeusa-
.I0n Or reward must first procure both / eergl6-
cate Of Approval from the Board Of Health and 4
license ir1u Inc Minister Of the Interior. The
Uiainsif had net obtained the FORMER: was MS
license aIque valid and sqficieutl The plaintiff
cuGHsel admits that IL was not, and this l. our
cpj1iQn- IL viii be seen ~ examining the Sec
Eior 2fS 10 is place 10 the UlTI Gods that IE
comes under series OF sections: providing tlc i
Board Of Public Health and defining It's powers
ard duties, which are extensive and responsible.
Ii IS brought into the eoc-pfisd Penal Code be-
Cause there l. & penalty, and Included IN the
Chapter contaIuing the various licenses which
The Minister Of the Interior may Issue with the
penalties attached for exercising without license
the certain kinds Of business mlde By statute 20
res4ire license. BqE it Is the fair inference
from The sEatRts that the license Is intended to
Dc granted only To those who have first obtained
the esrsI6eaLs Of Approval from the Board for it
= gIEsu without pagmeaE Of Zee and the exam-
L1aLlQl by the Board, Of which Two members
must De ~i1iy al.horizsi ue,ical practitioners, -
or BY such other professional examiners Is thaT
nay appoint. must show satisfactory sEhienee Of
professional Qualifications and Uf good character.
before accorlii7g the eaItliats Itz approval II
it1ess to aEer himself 10 the PUBLIC Is pdysi-
ca1 or sGrgeon, Is Il us HarEre the mcte in
porta1s preliminary to legaize medical praetics.
The Simple grant Of license By the Minister
caanat therefore satisfy the requirements OF the
Law WHICH demands competent skill It Euald
not be u0rs illegal to practices % the certificate
cf the Board without license obtained In either
case zach praetiti0Gsf would De liable to the pea-
atty Of the IaB.
The question hef1ce the Curt il nov how far
private party Who has suBI0ysd physician
not legally Authorized To practice for coupeuza-
tIoG, can set Up the want al cartifcats and l.
cslse II tsfEuse Of suit for medical fees.
Counsel 11r the plaintiff IN argument az the
hearing II 5Gaco concealed that If the Court
zhadld s0sd that the plaintiff having 4 license
not based ca csftiieate OF appreFaI from the
Beard Of Health was not legal practitioner he
ccaid not recover his 5Ill, and counsel foe the
tsEscGalt VIC q the Attorney General. hell 10
arg1lIent artEss, that IN al cases Ehers the
sEatlEa requires business to bz carried On under
! license the want Of cue may be pleade,i n de-
tsEsG Of actfcGs Of 1ssnn PEit-sor e1amulz. 4
usrghans could u0t recover Foe goods sold If il
appeared that be hai no heslse to Tsnd goods
Eaoissale or rstad as might be required n the
case Tins l. j bread proposition and Of grave
carseq Iencsz-In,i II determining ard defining
the nv WHICH controls the case as 6ar We ara
compelled 70 consider the application Of the
PRINCIPAL n ether cases, limiting Il STRICTLY 10
where it belongs
Tie FriEcIPls & undesirable that Ea=rz the
law imposes penaIt7 f1r uaklzg a caatract the
ea1tr1ct L Illegal, IS prohibited and eaanos BE-
s1ilresr-BeHiamln5 % salss unsser the eauti0n
Contracts. Illegal q stasateH has gathered
together series ct eaSez winch lTJrIi u sarhyr-
lies f1r the determination Of the Glsstiqus IN
E1tFad- The aIthGr points cut IN SEC ISL, that
the first question L Easther ca the Erus ecu
struetIau Of the statzts the enufraes aaz rzaIIg
aesn FruhIhirEdr II Determining which point
ulca weight has hesa given 10 q DISTINCTION
held 70 exist hstyesn two elaSzss af sratntsz
taasa pasEesi HsFzig foe Feszaaz purposes aad
taGEz Whica haEa u eoutzmp latl1u Wholly ar n
cart tins protection Of the pdDgie or the urpaIc-
uGa Of some shIeeI &C PGhiie poiIeF Asia cur
case no fas Is charged for the esrrii..ats or r.
csnse the 7enaa1g Z Il 10 parE far securing rsT-
snGe. AID i L equally ci=ar that the uuru0ss uf
L L fgr n Ghsct at pubic policy, uaaIeIv Tie err
tzeEEaa ct the Fuhiic 4 matters Ct IIfs and heth
In I-56 10 Cope " RIEiaafi. ? NJ 4 W Lac
Z vas hzist taat q City Gf Lhns.au srskzr c14I,j
1ss maintain IL afsrIGa FAR hi= csu.aIfssi,, q,
caFIHg ami zsssilg STICK aaIssz licensed zHfiar
the aeEr Easeh prgEiIizs that f4r acting a. arg=r
F1taddr iicenss the Ferz1H sEaa f5rt=lr sz.5 far
every suGh CLEANSE" On the rrua1sf rhas bavru5
t1E purpose sf rzFz1ae To the citH s-9m Hsrusz
lees shs benefit and security az Tia uubIFr E,r-