The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-08-11
DOCTORS DECIDE TO FIGHT.
fhey Will Raise Fund and Carry Case
to the Supreme Court.
A Demand That the Law Be Enforced Against
Druggists and Prescription Clerks-The
State Health Boards Position.

new medical law. Dr. Brennan presided, and
DIR. Ferguson acted as secretary. The expressed
sentiment Of all the physicians present was hos
tile to the course pursued by Esquire Pease and
Constable Mckinney, whom they denounce as
extortionists. The point the physicians make 10
that they have not had sufficient length of
time to take out their licenses, because, in
many cases, the evidences of qualification are
not to be obtained in few hours; that they
should be given due notice before being waited
upon by the constable, and that they were wait
ing for the proper authorities to settle definitely
upon the amount of license to be charged before
taking out the necessary certificates. In
consequence the doctors are very indignant,
and are preparing to make vigorous defense
1t was agreed at the meeting yesterday that all
the physicians arrested should appeal their cases
from the Justices TO the Criminal Court, whereit
ID thought all will be no;lied but one, which will
DC made test case To defray the expenses Of
this 1t was agreed that each physician should
contribute S. to the common fund, and Drs.
Taylor. Ferguson and Maxwell appointed
committee to visit ali the other physicians in
tie city, enlist them in their cause and collect
the desired amount Of money meeting will
Office and further action will be taken by the
medical men in regard to the matter. They
feel that the proper courtesy has not been ex-
tended to them, and will make hard fight to
sustain their side of the case.
Esquire Pease yesterday fined the following
physicians who pleaded guilty Henry Ii.
Finney, VIM Rowley, Joseph B. Walk
er, VIM. NJ Ballard, Sheldon G. Wood
ward. and James NJ Carvin Affda-
Wits were made against VIM. B. Tolley and Thos.
NJ. Tophin. The magistrate had before him
quite number who determined to stand
trial. with view of taking the question to the
higher courts. These physicians are Allison
Maxwell, Joseph Robinson, J. FL. Oliver, D. H.
Oliver, VIM: FL. Clark. A. 1; Casey, Dennis NJ
Porman oS Jacob s.o v H0fz s Charles n
worth mentioning that the last named had his
license recalled by the clerk In addition to
these quite a list of physicians appeared. and
said they had not been practicing for some time,
either before after the law went into force.
These cases were dismissed
At the county clerks Office it is emphatically
denied that the prosecutions were brought about
figures as the affiant in all the cases,
Carson, late last last evening, for further
Information, which was refused. Prosecutor
Harding avs he advised the parties interested
in this prosecution that the physicians should
have at least sixty days time after the law Went
into force before any action against them should
be taken; And further" said he II was sur
prised when ! heard of the prosecutions. The
first knew Of anything being done through
the ewspapers / looked into the matter and
advised that the prosecutions be stopped, es-
pecally against many who had procured
licenses" 1t seems that under the rulings of
the court in which these cases arc tried license
taken out few days after the 1st of August,
when the act became law, is no protection
The responsibility for the prosecution appears to
Do IN Mo ,hn
a constable said yesterday, got list of physi-
clans from the directory and went to work fling
afhdavits.
ENFORCING THE LAW AGAINST DRUGGISTS.
The law, which was simply intended as the
initiatory step in legislative reform regulating
the practice of medicine, seems likely to cause
great deal of trouble before the next General
Assembly conyenes, and the trouble promises to
be productive of much more good than harm It
will have the effect it is believed, to array the
reputable medical practitioners in war
against the quacks and in this they will be given
the support or the State Health Board,
to some extent.
In a conversation regarding the law yesterday,
Dr. E. S. Elder the exsecretary Of the State
Board, said that he thought the doctors would
unite in demanding that druggists and drug
clerks who give prescriptions to their customers
shall be required to take out licenses as medical
practitioners, where they assume the business of
the profession, or they shall be subjected to
prosecution foc practicing without legal
eists," he says, who do the business
of q medical practitioner. They prescribe
treatment to customers and use the knowledge
which they gather from prescriptions which are
sent to them to be filed by doctors. They
charge medical fee in the price that they ask
for their drugs, and there are some of them who
of the doctors. If regular physicians are to be
charged for the privilege of practicing their
profession, it is but fair that these
druggists who prescribe treatment shall be re-
Quired to comply with the same law" He thinks
that the physicians, through thsr societies. will
demand an enforcement OF the law in this re-
spect, as matter of protection to their business
There are many questions regarding the correct
DIR. Metcalf the Secretary of the State
some of these TO Attorney general Hord,
asking his opinion on them: Among other ques-
tions, he asks If a physician, practicing in two
counties is required to procure license in each
county; what fees county clerk may receive
for issuing license, and whether or not the
clerk can exercise judicial power under the
In revoking licenses. The last question applies
to the case OF Sarber, in this city. whose license
was revoked by Clerk McLain after it had been
issued.
THE STATE BOARD WILL TAKE A HAND.
as it not the duty of the State Board of
Health to see that violations of the law, so far
as they are likely to affect public health are
prosecuted" was asked DR.. Metcalf yesterday
by journal reporter.
II am in doubt about the extent of our duty
The law creating the board says that the State
Board of Health shall have general supervision
OF the Interests OF the health and life of the
citizens CT the State. | am afraid it would be
strained construction of tho meaning of this
clause to interpret it giving Us power to as
sumo supervision of the licensing power"
'But, a matter of protection TO public
health, is it not the duty OF the board to prose
cute evasions or abuses of the law, especially in
cases where notorious quacks practice without
license. where practitioners procure license by
fraud, or clerks issue license to persons who have
not the requisite qualificationsl'