West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1885-05-15

orfc II lVO, rfel NsSs cniz,ns # he Uai-
ted States of Amerlc -
s, sad the W. Va L, gbls,ure 20
certain Glass of phNsicisns Of w Va, ia
THEN Acts cs 1881 snd 1859 81 much
tor cbjrctiou lst. Am, ndm-nts to Uio
/ ted States Chus;huu ~. As;icl, 1 ID. 'Nrr
be derived Of liberty, "r property without,
/ due proc IS ~ law; nNr shall Q. waite prop.
cry be taken for rub!., use. without Jrst
! compensation.
/ OH ciion q Said law impshs the
/ obhg ,ticn Of c, ntrsc's, there being NO
special statutes ,l,iirg 10 this subject.
the State Glowing the law e supply and
demand to regulate the prec,ice of m,di-
cine in w. Va The State having laws
defiling malpractice and for the punish
ment OF The same considered, shy one
possessing sufficient medical kuowleig re
TO practice medicine skilfully and with
out bang gully of malpractice Ms being
hence legally a physician; therefore there
was a c 'ntruct am"ug Sll physicians 20
practicipg In the State ~ w. Va All
men are equal before the law and all ply
sicians u what ever school they adhere
sh ,uld be recngoiz "a legally ss phyeiciaus
aud be ECU lily protected ia the practice
OF medicine 50 long as they are not guilty
of ullpractce aud anything changing OF
sbridg ne said rights imp,irs the oSliga
ion ofltb,vr nam "a contract. liza ply
sicisn were gully ot malpractice the s ate
could suppress him. Mt otherwise
Article l., Sec 10, Unted States Cpnsii-
III ion O. gislltive D.ptrtmcuD No
Sac shall pass any law impairiug the
obligation OF contracts
Obj4ecti on 3rd Said law is * post
faco in it's operation. That is, il fixes a
fac or imposes a penalty, punishment: or
textures for sn act that WAS leg lily pro-
ttcted when Committed or else there were
no statute in regard 10 the Acc. for law
to b. ,x-post factp in it's up rstion it il
not necessary ia = m4u sh4 W. arrested
tric,i FIR his life. liberty, or prop .rtY ia
court Of isjice. n r does the Cpnstitu .
ton 50 consider IT, hu any law thai
reaches into the past and " is operation
work ~ rfeilure of single right or
privihg', is An eX p 81 ( o law. There
being "A method OF reinstatement ,cs not
alter the fact Of lie being ox post t,c,o,
and hence uncunstitu inl a. | could clu
ceiv- Of uo palmer case tn an law that
implied fort, iture of mens entire es
tate, even - taking away Of his right To
labor in the only profession In which he
was fitted 10 lab r, and place his chance
for reinstatement in the n tnds of an auto
cratic State Chamber B)Td. II there
had been no forfeiture or abridgment of
vested rights there need have been no
method of reinstatement. United States
Cpnstitud)u u gislative D'pirtment.)
Article l., Sc 0 IN bill of Attainder
or ex post flcto law shall be passed"
SO much fJr obj ,cton Sd. We now
come to Obj 'ction 4;h. Ia ils operation il
abridges the privileges, the vested rights
and immuuities of citz rs of he United
States of America AT the time the SOC tlled
w W, State BItId of Ii :alth law came
into ,fIyc'. All physicians In active prac-
tice were recog iiz d by the Safe Of w.
Va as leg 'llY qudifi 81 physicians, no
distinction being made IN regard to the
time they had been practIci ng but each
and tvery one WAS equally cuff; per
feet Immunity from persecution or prose-
cution except when guilty Of NJ dpractice
or other crime. He had the legally recog
nzed iigbt and privilege 10 pr ,ctice I'D
icIDa. IL Was considered his God given
! right. Now 1t is not likely any one would
BE- foolish enough 20 deny this when
brought &c to race with the fact, hut
do know that few have presitt ntly eva
ded this point and 90 far as sm CONCERN
cd would tTust no tuch man cor Is he to
be trusted where the liberties of any one
single person Is concerned. / would to-
day as soon trust my liberties a; the hand.
VI Bt0aVCi tJIauA Iudu AtSIOs NJ W uust
III m 10 the hands of any one who eau so
ignore the plain lGcss Ia this Gaze, and
the remedy the United Gtates Constitution
IF re, nnd deny tne esuie. Wow we're
those physicians Who had be, n IL the rrg-
ulAr prsctire for less tcrin tan ten years
rccogniz as such Did the courts p4y
their bills for treating paupeis, for pr fes
slOusl ald ia !risone aud Esylums &gS j
so the State and the s,ate ,Eicers recog
Diz them as physicians or else were
guilty Of gross neglect Of du'y. But no,
my dear size, hey we're recognized by law
auo by the officials Of the State Of W.Vs
as legally qnalih"d physicians and as such
their bills we're paid.