The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-02-28

uurroses<torx. 81 i II cnusscr wish The ara
smerSmers % saa couxssExton a. the Untsod
ssssea This declares tsas 10 person shall b
deprfved cf life. hsersy - vrcpe<y without due
prsees Of lao. When phvsefan has complied
Nth eveEy rersiseDeDt ct kES law. has received
license and d Ct gaxed In the practice Of his
p-o1esaiou this practice q cs vs<He 90 Atns II -
Ia CO s<nas property. ara be cannot b de-
prired ct IL taoas due prceess Q. Law. The
whfu or caprice Of . bad which u nos even
required to take N oath % discharge TIE duties
dssassed upoa them cannos Be regarded - due
process Of Lag. In the esse Of Dent versus state
OF West vlrgsnsa decided IN the suprsuse court
at The rnisea SAFES. January "a. 1853. Justice
Field refeuSag 10 the Qn<ssioa whether . right
- prseSics medicine UNDER license b property.
says.
sE Is sneonbsedly the right OF every citizen
Of the Unis~d ssAxs 70 follow aay lasfns cali
iss. eassn, - 81 profession he may choose. sab
iscz casT 10 saCh restrictions IS are imposed
open Al persoas Of dke age. sex AID condisioa.
Tnls right m&y in uasay r. speess be considered
- q distinguishing Il afure OF anr rspu alicaa
Institutions Ee.r al VEGA ions ara open 10
every oae % ike conditions All may b pur-
saee - sources Of livelihood, some requiring
years OF study aad great leasaing for tsesr sue
eesSsui prosecution The faierexs, or a. il IL
sometimes sermed. the estate acquired in them,
thai Ia. the rixhg 10 cnuGnne shstr prosecution,
Is essen OF great salae To the possrssors. aud
eAnno. DC Arbitrarily sakeu fsom tarm. any more
thas their real or personsl property eAa be thas
taken"
From the above Il win be apparent that ande.
this btu persoa nay be deprived by this board
of snss II regarded under the constitution ~
properly. No trial IS provsSed Ior; notice IL
rsqaaFva 10 bs Z ven 30 elm, and Ii after his Is
erIss Is resokrd he eonsin nes % practice he may
Ee H0ec In the sGm Of Que han1r I sxa0os dollars
OF imprssoncc Ia zoe county jail for asnety uass
and al this resu ting merely because be differs
With eve nen Whist they may re- ard as IA
prote siouai or dlshonora1ls coedact II 10 true
thai Ia case Vi . revocation q lcenss m appeal
may be taken 70 The governor. 1t is serious
question whether this is not unconstitutional
as eonierring judicial power upon the executive
branch OF the gosernm NJ
A very serious quescn arises whether the
power given 10 he board 10 revoke license Is
not jadlciAa in It's character. II this 10 the case
we have the anomaly OF one bocy clothed with
both legissa i've and Judicial funcfioua II mar
be ssid that s5e power euufs rred apon the boasd
OF exaninsr Is similar to th p.wer possessed
By courts a. disbaF attorneys. Their are severas
answers 10 this The rowe. 20 disbsr attorneys
is exeFci ed by recognized Judicial tribunals
An attorney il m ofiieer Of the court. Ths laws
Oh Nssh ngtor IN express terms declare what
The duties devolsiDg upon an attorney are, and
. vio alton OF any OF these laws constitutes dis
tie court can exercise is power ~ dtsbsrmeat
lew states hare adoptsd laws for the regaIar
ton OF the practice of medicine and surgery,
but bave been uushle 10 d q any law where
the power given 20 the board OF med cal exam
liners 10 30 unlimited aud so liable TO abuse as
ii power given to The beard nuder she present
bils. While IL Is apparently copied from a Law
enacted by one Of our sister safes. n L. very
dissimil>r la the important point that It affords
30 appeal where the board refuses 20 graft
license after examination
IL IL eminentiy proper that In The enactment
OF laws we shouts look 20 those enacted by our
sister o ates wh en- are sound, Wholesome and
free from constitutions objections; but Il GER
taiaiy cannot De good policy TO follow the ex-
amlle OF q sister stsse In ihe enactment OF Law
10 which there are serious constitutional objec-
tons; which coufers arbitrary and despo;ic
power. and which viii not receive the sanction
OF . large number Of our fellow Very
RESPECTFULLY, ELISHA P. FERRY.