The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-08-12
DOCTORS AIR THEIR VIEWS.
The Physicians Committee Resolve that
They Have Been Badly Treated.
Acknowledgement Hord Submits a Compre.
hensive Opinion Regarding the ProviS-
ions of the New Medical Bill.

yesterday morning offer of the free services of a
we'll known law firm in protesting the cases be-
fore the Criminal Court. The communication
stated that the way some of our Justices courts
are run is simply an outrage on common decency,
and that this raid upon the doctors is nothing
new, but is a common every week occurrence on
the part of justices and constables, who have no
interest in the law, further than to extort money
from those brought before them on no more
justifable grounds than those claimed in the
present cases."
At the meeting Of physicians held Tuesday
morning at the Office of Drs. Brayton and Fer
guson, the committee instructed to draft resolu-
tions-Drs. Maxwell, Taylor and Ferguson
reported the following:
Whereas, The circumstances connected with the
recent arbitrary and unjust arrests of the physicians
OF this city and county for an assumed violation OF
the law regulating medical practice, demands a vigor-
Gus protest and resistance from the entire profession.
We protest against such arrests and lines tor the
following reasons:
l. That physicians should be accorded a reasonable
time, at least thirty days from the date of the Gov
errors proclamation, July Is, in which to secure
2. The physicians of Indianapolis and of Marion
county recognize the necessity of a good medical law,
and while the present law is not of their making and
does not insure protection from charlatanry and
~quackery to the extent the needs of the State demand,
chOy v " ohO"A Va SLu dhy ulSPooiGAOA "
evade any of it's provisions, and the failure of a por-
ton of them to secure license in so short a time after
the law became operative, cannot be reasonably con-
Strued as a violation of the law.
3. When the law was declared in force there was a
disagreement as to the fees allowed the county clerk,
for the issuance of license. Clerk McLain claimed
man of the Marion County Medical Society committee
that no county clerk was entitled to more than $3.50,
Judge Ayers decided that the clerk was entitled to So.
Some county clerks are charging but $3.50. AS the
question of amount of fees had not been decided uni
tormly, many physicians refrained from taking out
license until a final decision was made. X n X
For the above reasons we will resist any and all
prosecutions against physicians for failure to take out
license prior to this time, and we cordially invite all
reputable physicians to give US their aid, irrespective
of the time they took out their license. in resisting the
infamous arrests and fines that have been inflicted.
Esquire Pease promptly dismissed the case of
DR.. J. V. Hoss, arrested Monday, without re-
ceiving costs or fine. The ostensible reason of
the dismissal was the fact that the Doctor
had been looking after other business, and had
not %praeticed under the new law, but Attorney
Smith intimate that the real caving in of the
justice was that Pease had no real and legal iuris-
diction in this or any case, and knowing that
this point, on which he is particularly sensitive,
would be pushed if the case was brought to
trial, 1t was dropped.
ATTORNEY GENERAL HORDS OPINION OF THE
LAW.
The questions submitted to the Attorney
general by DR.. c. n. Metcalf, secretary of the
State Board of Health, were answered in a writ
ten opinion yesterday. "Can the clerk of the Cir
cult Court exercise judicial powers under the
medical act approved April II, 1885," was one of
the questions asked.
"No," answered Attorney general Hord. sThe
clerk is a ministerial officer only. The Constitu-
ton declares that judicial powers shall be vested
in courts and not in ministerial officers, and a
statute comforting such power on the clerk of the
Circuit Court would be unconstitutional. The
clerk can perform such ministerial acts
only directed by the statute, and
in the manner therein prescribed.
If a person pretending to be a physician should
present an affidavit, and a diploma that was not
in fact issued by a reputable medical college, but
acquired by purchase or fraud, and without the
usuaLstudy required by a reputable institution,
and the clerk should know such fact and refuse
to issue a license to such person., and a mandate
should be issued by a court Of competent juris-
diction against the clerk, to compel him to issue
such license, I think it would be proper for the
court, in the interest Of justice and the law, to
investigate such fraud, and determine the right
of the party. A person making a false affidavit
to procure a license would be liable to prosecu-
ton for perjury.
Question If a physicians practice extends
into two or more counties, is a license from the
VI Az NoAhty Ala "IASh AZ ' ouAdSAOhCy
or is he required to procure a license in each
county in which he proposes to ~practicea
Answer-Section 2 of said statute provides,
ANY person desiring to practice medicine,
from the clerk of the Circuit Court of the
county wherein he or she desires to practice, a
license so to DO"
Section 4 declares that "Any person who
shall practice medicine, surgery or obstetrics
in this State without having first pro-
cnrp0 from the clerk of tho (ircuit
Court of the county wherein he or she
shall so practice, a license, as provided in this
act. shall be deemed guilty of a misdemeanor.
The letter of the statute requires a physician to
procure g license in each county in which he
proposes to carry on his regular and customary
business. 1t is not for me to say that such reg
ulation of the practice of medicine is unreason-
able or unconstitutional. There is a
competent judicial tribunal to which persons
feeling themselves aggrieved, may appeal to
adjudicate its validity and c%onstrue its terms.
Sometimes it occurs that physicians eminent in
their profession are required to attend beyond
the territorial limits of their regular and usual
business in cases of illness or casualty where
the disease is so active and fatal in its tendency,
or the accident so serious and menacing in its
nature as to require the immediate and prompt
exercise of professional skill before the physician
can proceed to some distant county seat, produce
his evidence of qualification, and procure a
license. l do not think that the statute could
reasonably be construed as a prohibition of the
performance of medical service under such cir
cumstances. If a physician who has procured a
license in one county in this State, and thereby
lawfully declared to be qualified to practice his
profession in this State, should be required to
attend and render professional service in a sin.
gle transaction in case of emergency in another
and different county, in which he had procured
no license, l do not think his act would be un-
lawful. The statute is very stringent in many
of its provisions. but it is my province and duty
as the law officer of the State. to adopt its terms
until it is otherwise construed by the courts.
Question-"Is 81. SO all that a county clerk may
charge for a license, or is he entitled to an addi-
tional feep
Answer-The statute has fixed the tribunal
and prescribed an easy and summary way for
the determination ofsuch questions. Any officer
being in doubt of the proper charge to be made
for any service rendered shall in no case charge
any constructive fee, but he shall bring the
question before the circuit Judge of his county