The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-30
THE DIPLOMA ENOUGH
Judge Hunt Orders that Dr.. Nor
cross Be Licensed to Practice
Medicine.
The Graduate of q Regular College
is Not Obliged to Be
Examined.
An Interesting Opinion Which Settles the
Much Disputed Question OF the
Granting of Certificates.


Judge Hunt, in the district court, yester-
dav gave his decision in the appeal of DR..
&c. Y. Norcross from the action of the state
board of medical examiners in refusing
him certificate to practice because he
would not submit to examination on the
ground that he had diploma from regu-
lar medical college. After reviewing the
facts in the case and the law on the sub
ject, the judge ordered thnt the board give
& DR.. Norcross his certificate. The opinion
- quite Interesting. as deciding points that
had not before been passed on, and as SET
ting forth clearly who are entitled to GER
tificates without undergoing examination
before being allowed 10 practice. The
apinion is as follows:
The appellant sets forth in his petition
that he was a regular graduate in medicine
and for years has been a practitioner with
in Montana; that he presented his diploma
% the respondent. and that such diploma
was found genuine; that it was issued by
medical school legally organized and in
good standing; that he is the identical per
0on to whom the diploma was originally
granted; and he has in all respects complied
with the law. but that respondent refused
Law. Appellant asks the court to declare
him entitled to such certificate, and for an
order to compel respondent to issue the
same to him. Appellants petition is veri-
lied and must be taken rs true. The re-
spondent has interposed no demurrer and
/ no denial of the facts set forth in the petit
tion. There is, therefore, nothing to try,
and decision need only be rendered upon
the naked propositions presented by the
1ncts of the record in the case.
il is to be regretted that there have been
- many varied constructions placed upon
the So called medical law. adopted Feb. %
1889. Il is true that the law is far from be-
ing as clear as it should have been, and it is
quite easy to find apparent contradictions
Gnd Inconsistencies within its several sec
tions. An analysis of the several grades Of
those entitled to certificates under the law
will show the following classes: First
regular graduates entitled to certltica ties;
neutrality-suspicious. entitled to certif-
Gates. The procedure in cases OF each
class is simple. The graduate shall present
his diploma tosthe board for verifcation as
l % it's genuineness. When the board have
Ieceived such diploma their duty is to de-
tefmine these facts:
s(a) Is the diploma genuine2
ID, Is the diploma issued by medical
school legally organized and in good stand
ing, whose teachers are graduates of a
legally organized school.
IL either of these questions is answered
81 the negative the applicant may be denied
has certificate to practice medicine; but 1t
they are both answered in the affirmative
the board must then proceed to ask this
/ question.
lc) is the person presenting and claiming
~ fliploma the person to whom the same
.ss o u;4 granted?
ghase several qYestlons the board may
etsf h n,'t t,,ev should preserve their records
Eole, puS Low that each question had been
SO aedpon by them, each and all. IT the
0fd answers all of them aftirmatively
they are Immediately cut off in all discre-
tlonary power SO far as such applicant Is
concerned. They must at once issue a
certificate to the applicant embracing their
N findings upon these several propositions
heretofore mentioned, and such certificate
shall be conclusive as to the right of the
and surgery within tho state" The only
right reserved in the board under the law
to refuse certificate in such case or to re-
woke one when SO legally issued is for dis
honorable, unprofessional Or immoral con-
duct, or they may refuse the certificate to
an applicant who may publicly profess to
cure or treat disease, injury or deformity in
such manner as to deceive the public. Il
becomes unnecessary to enter ut length
into the proper and legal course for the
board to pursue where they refuse a certiti-
cate for unprofessional conduct, or for de-
der consideration no such attitude was as
sumed by the respondent board, and they
simply denied to the appellant his license
because he declined to submit to an exami-
nation.
The second class OF physicians to whom
certificates may be issued are those who
may not be graduates of medical schools
Such persons must be examined by the
board. and all persons desiring to practice
who are not graduates, must come within
koe ali dad foR tov IN In
After any such person shall have applied
for certificate, to entitle him to a license
he must not only satisfactorily stand thu
examination to which the board may hav'
submitted him, but he must show an add
tional qualification, j. e., he must either sat
isfy the board that he has practiced medi
cine continuously for a period of ten years
or he must have attended three courses o
lectures of NJ least four months each. Tn
object of these alternatives is plain. Whel
doubtless several eminent medical mel
within Montana who quarter of q centu
~ since had never had the opportunity o
attending three courses of lectures at
medical school, and who had not the ad
vantaQes of q regular medical education
yet their skill, demonstrated constantly
was everywhere recognized and their lea n
ing undisputed. To enable them to con
thine to practice the ten years. clause wa
wisely inserted in the law. They had to sub
S mlt TO Qu e1uIUluAtlOu, ana Wuel
found competent under it they coul,
furnish the evidence of continuous D, &C
tice Of ten years, which experience, in tn
mind of the legislature. rendered them a
competent as though they had atteEde,
three courses Of lectures of four month
each. Then again, the Law considered tina
there was a class of younger physician
within Montana who had not practice,
continuously fer ten years, and who ha.
not graduated, but who had sufficient skill
10 undergo the examination, and who ha,
also had the opportunity of attending
lectures. but who, perchance, had not at
tended them long enough to receive di
plomas Such persons are also contem
plated a. being entitled to certificates
Norcroas, the applicant, and the appel
liant in this case, was a regular graduate
had his diploma, WAS the same person t.
whom the diploma had originally beef
issaed, and the school from which he grad
uated was legally organized and its teach
err graduates themselves. He was. there
fore, under section 3. clearly entitled to hi
certificate briefly finding these facts an
granting to him the right to practice medi
0ine Ii Montana.
but tue board contends that under sec
tion 4 '.all persons commencing to practic
medicine after February 2sth, 1885, With
~ h-1 -