Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-02-18
TO THE LEGISLATURES.

TO THE LEGISLATURE.
The Legal Inability of the State Medical
Board to Examine Physicians with a
Genuine Diploma.
T.h Eaior Of ne Register.
The attention OF the Legislature is called
to this obnoxious and unWsrranted iegisIa.
ton and despOric enactment; unwarranted
by the Constitution OF the United States,
which guarantees equally to every indlyid.
ual citizen certain inalienable rights and
privileges, and if by legislative enactments
any CITIZEN be Gepri7ed OF the exercise OF
such rights under certain penalties, All the
exclusive privilege to exercise them granted
TO another, such law or enactment must
necessarily be unconstitutional and would
no, be sustained by any honorable court or
Jury. And under these constitutional rights
many of our citizens have, for various aud
GOOD reasons, entered into the medical prac-
lice without having diplomas They have
proved to be excellent laW-abiding citizens
and successful practitioners. There are
two PHYSICIANS practicing with ten-year
certiGcate-one at RoElesburg, who has
not been a resident OF the State at this time
ten years, the other, at GAINESVILLE, is said
to have been fourteen years old tel
years previous to the passage
Of the State Board of health law,
aud two more who are actively engaged in
the practice Taking this county as an
average. the honorable members Of the Leg
islature can readily realize to what extent
the State Board of Health law is enforced
throughout the State.
L. -,
Of the United States 1t is therefore, illegal
which can be proved BY the highest author.
ity Of this country. Section article OF
the Constitution of the United States de-
clsres that fall faith and credit shall be
Given in each State to the public acts and
records of every other State On this
Chief Justice Story says in bis Common
tsries on the Constitution (volume ii, page
IT'S. section 1907: Let us examine and
see what is tie true meaning of the clause
"fuI faith and credit snail be given in each
State to the public acts and records OF
every other State" The language is posi-
live and deelaratoly, leaving nothing to tG-
ture legislation To give them full faith
and credit" is to attribute to them positive
and absolute verify, so that they cannot De
con;radicted, or the truth of them denied,
suy more than in the State where they orig
mated, and good as domestic acts and rec
Opds are.
In most cases tue reexaminer would not
have the original evidence TO guide them,
and even If they had, and each State had
the right 10 examine. there would be no end
TO litigation; each State would claim TO be
more enlightened or honest than its neigh
bor hence the necessity Of one supreme law
over all and tar all We have that one SUI
preme law whica SAYS, Each State shall
Dive full faith and credit 10 the acts and
records of every other State. (AUticle 4,
section l., Constitution of the United States. }
Hence, when the Legislature Of any State,
giyes a charter for a medical college to a
CORPORATION, making it capable of suing
and being sued, for collegiate purposes, 1t
il al act of the State, and the charter IS 4
public act Of the State, and is to be 50 re-
ceived by every other State in the Union.
The teaching Of students and fitting them
for medical practitioners IS incidental to
the charter. The diploma il q right OF the
student derived from the obligation OF
teachers, censors and trustees Of the college,
who derive their authority from the State
Legislature, through the charter. This IS
not only incidental TO the charter, but the
discharge of Just obligation OF the teach
ers, censors and trustees, paid for By the stu
dent according TO contract, which no State
has the right to impair by any law. see sec
ton 10, article l, Constitution). No State
has the right to pass any law impairing Oh.
LEGATIONS, already vested in the graduate
and paid for, neither shall any State pass
auy post facto law, which this virtually is
for il made the practice of medicine crimi-
nal after the Sth OF March 1881. The dt
pIoma which is conferred on the student at
Ter graduation, is not only voucher for
him, bat is an endorsement of value, oil
legal right, that he may practice medicine
by legal authority wherever he goes IN the
Union. -,
The practitioner, when thus armed should
not be re-examined By any other person hi;
tEaloma is to be received By any other State
not only as prima fscia, but as absolute eyi
dence.
If they are genuine. section 4, article l
constitution United States says: mo Stats
shall pass laws impairing contracts. Tht
question is not, is the holder Of q diploma s
medical graduate, with the legal right Il
practice medicines, for his diploma say
he Is. out is the diploma 3 correct o.
forged one? If forged, the holder or give
Is to De tried by Criminal Court. Not b.
an irresponsible board assuming executive
judicial poEEs The violations OF Obhga
tons. CHEF Justice Story tells in his com
mentaries.
Vol III, pages $50 and 2S7) is the VIC
lAtion Of absolute justice based upon com
mon law, taking away the rightof equity.
Chief Justice Story, in bis commentAr'e
on the Constitution Of the United States
Volume IL, page 2S6, section $50 ask
Ayhat may properly be deemed impairini
the obligatioDs Of contracts, in the sense
The Copsiitution ofthe United Statesf ant
says st Is any law, which enlarges, o
sSridpes or in any manner changes the n
tsnt;on of the parties, resulting from stipu
iat;ous IN the contract, necessarily impair
;1'-hence law that makes the eontrse
wboly invalid, or extinguishes n Is la'
;mrairipe Il as tho Obligations to Pertorn.
coas,a. 4 are eossal and coextenslve Siia y
Asa d;ploma Is a contract between "a