West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1885-05-08

according To- their pleasure, and there is
no appeal from their judgment, hence IL
would seem that IL is not safe to attend
any medical collvge without FIRST consult
ing this sutocrstic Board.
now wish to quote few legal opinions
emanatIng from as good authority on the
subject as thee is in the nation. the
opinions from which shall quote, at least
the Hrst two, may be found In the Med
ical News, weekly medical journal puo-
lished by Henry O. Lea's s Co. Philsdel-
PhiA, Pa.
Vol. H No. %. whole N 400, SStur-
day, June 81, 1882. page els. members
of the Medical Society of the State of
New York, and OF the Medical Societies
in utilization herewith, may meet IN
consultation legally qualified practitioners
OF medicine Judge Daly, OF New York
says: 10 the absence of special statutes,
the law does not xclusiv ly recognize any
particular system Of medicine, or class of
medical practitioners" OrGronaux adds
that Gin the sosence OF any Statutes, the
term physician may be applied TO any one
who publicly announces himself TO be d
practitioner of this art every one under
taking TO treat the sick professionally
and as the exercise of his vocation is legal
ly physician"
The ntilenen named sb, We are emf
nent jurisls, and we are assured by DR.. G..
! Q, Agnew, that mo persons In America
are better fitted 10 10 k at the question
involved without prejudice than they.
II not out of place would here state
that from my certain knowledge the State
of Missouri has, at least since 1875, had
a su-called State b ard of Health law IN
Ill few weeks stree, when case came
up before the Supreme Court of Appeals
of Missouri involving decision as TO the
copstilulonalitY OF the so-called Missouri
State Board of Health law. In rendering
their opinion the Court unanimously de-
clded the law unconstitutional. 80 much
for the law in Missouri.
Three or four years since the very same
law was decided unconstitutional in the
State at Pennsy lvanie, except that the
law in question there wss law having
for its object the regulation Of the practice
of dentistry, aud as well - RENE mber Is
was only necessary to have been in the
continuous practice of dentistry three years
TO be licensed To SO continue, skillful OF
not. 80 We see the only difference was 10
the time required 10 have been 30 engag
ed sc. could give many more prece-
dents it necessary,
In regard to fee for examination each
applicant is required IN presenting himself
for examination To pay 10 said Board a
fee of ten dollars which shall not be- re
turned to him If he Is refused registration
But he may again in auy time within one
year after such refusal, again present
himself for examination without paying
additional fee, but If egain refused, he
may as often as be see d. be again examin.
ed upon the payment, first Of a fee Ct ten
dollars for each and every examination.
1t g, ems this is very unjust and is a bid
for the Board to repeatedly refuse appli-
cants registration 10 accumulate fees.
Why are objections sus.sined7 We will
take up Objection LIST. A physicians the
oTeIicnl knowledge, his skill. his practical
knowledge, his experience in the practice
Of medicine, and above all, bic natural
tact for Acquirelng medical knowledge
and treating diseases, is just as much his
property, and should be 30 protected.
Why Is il his property, estate or stock in
trader Simply because he has spent his
time and lsbored faithfully in acquiring
his medical knowledge and building up a
practice, and has expended his patrimony
in securing medical education, buying
medical literature and necessary inst:u-
meats and equipment.
TO BE Continued.