St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-02
SAINT PAUL.
DONE UP BY A DOCTOR.
The State Board of Medical Examiners
Placed in an Awkward Position.
KILLED BY A BOMB.
Thomas Maylone Given Another Chance
to See the City---Supreme Court
Decisions.

The state board of medical examiners
Is placed i'll an awkward position by the
neglect of action before the supreme
court yesterday. Last year the board
revoked the license of DR.. o. Nj. Los
sins, of Grant county, as set forth in the
following resolution:
RESOLVED, That the license of DIR. o. NJ.
1.oSsinS, hithertofore granted by the state
board of medical examiners, be and the same
is hereby revoked and annulled for unpro-
fessional conduct such unprofesSonal con-
duct being the attendance upon and prescrlb-
ing for persons dangerously i'll while he, DR..
lossinS, was intoxicated.
DR.. LoSSinS appealed to the supreme
court against the action of the board. a
writ of certiOrari being served upon the
secretary. His pleadings claimed that
the revocation OF the license was illegal,
unauthorized and void, because:
First-Thatthe statute (Chap. 9, Laws MINI.
81. under which the board acted and CLAIMS
authority 10 revoke said license is unconsti-
tutioual and void on the following grounds:
Ial That it seeks to deprive q citizen OF
his rights and privileges without due process
of law allowed by the law of the land.
Ibl That no method of procedure is pro-
Vided under said act or by law.
fcl That defendant has no means or
power under said act. or by law, to compel
the attendance of witnesses in his vindica-
ton before said board, and said board has no
power 10 examine witnesses.
fdl That said act seeks to confer upon
persons belonging to the executive depart
ment of the state the exercise of Judicial
powers and functions.
Tel That said act is class legislation and
attempts to empower the board to revoke the
licenses of some pracIicing physicians and
not of Others
Second-That said act is unconstitutional
and void for the reason of the means it
provides for its enforcement viz, the PEN
atty clause prescribes a fine not exceeding
S1O0 or imprisonment not exceeding ninety
days, or both, and gives justices of the peace
jurisdiction.
said board were by it conducted arbitrarily,
and not according TO the usual course of law,
and defendant was not accorded his rights
according to due process OF law.
Fourth-That said board had no power
under said act of 1887 to revoke a license
granted under the act of 1888 upon dip
plOma from regular medical college.
Fifth-That the act of the said board is
void for the reason that only three members
of the board proceeded. against defendants
objection, to hear the testimony of the de-
PENDANT.
Sixth-That said act is void for the reason
that only five members of said boord, and
not seven, cOncurred therein.
The appeal was down for hearing
yesterday, and the decision of the court
reads:
This cause came on to be heard this day
upon a writ of certiorari issued herein. and
no return to said writ having been filed, and
no one appearing on behalf Of the respond
ent, it is ordered that the order Of said board
revokng license of relatOr be and hereby is
reversed, and that relator have Judgment
accordingly.
A ROYAL FLUSH.
Judge Vanderburgh filed five decis-
Ions in the supreme court, as follows:
Thomas Maylone, as administrator of
Henry J. MaylOne, deceased, appel
ant, VS.. The City of st. Paul and the
st. Paul Ice Palace and Winter Car
nival Association, the city of st. Paul,
respondent.
An action brought by the plaintiffs
intestate. for the death of Henry j.
Maylone, caused by the negligence of
the defendants. January, 1886, the first
st. Paul ice palace was constructed, and
park and palace. leaving dangerous
IA, 1886, Henry J. Maylone, a
child of the plaintiff. happened
upon one of the unexploded bombs
and was killed the same day by the eX-
plosion of the bomb. Action against
the city was brought in the district
court of Ramsey county. A demurrer
of the city to the complaint was sus-
tanned IN the district court for the rea-
son that it was there considered that
the action, as far as the city was con-
cerned, was barred, it not having been
commenced until more than one year
had elapsed after the injury and death.
This demurrer was sustained on ac-
count of section 10, chapter z, Special
Laws 1885, amending the charter Of the
city of st. Paul. The section, however,
related only to damages ''on account of
any injuries received by means of any
defect in the condition of any bridge,
street, sidewalk or thoroughfare, ETC."
Syllabus-A special law limiting the time
for commencing actions against the city of
st. Paul for injuries caused by its negligence,
construed as not applicable to statutory ac-
tons by the personal representatives of de-
ceased person for negligence causing such
death. Order reversed.