The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-02-28
TEXT OF THE VETO.
The Governors Reasons Against
Powers Bill
ne APPROVES THE INTENTION
A Careful Review sf the Kxpresssa Pr
psss md the Possible Unin-
sended Results.

Power medical biIl.
To the Honoraoie House Of Representatives Of
the State Of Washington f7snti~m<a. here
with rtsn-n f. No r. entitled An act 10
regulate tbe practice Of meascsue and sn-xery
IN the stssa o, Washington. aud 70 license
physicians and Surgeons. to parish ali persons
vi0isfiux the prvsissous OF this act and 10 srr
peal ~ lass ia eonfics shereSish.~ with my OBJ
ieeftons thereto.
Tie enactment OF laws for the protection ard
preservatios Of human life and heath
10 beth enmEaenfabie ana necessary TIE
constitution npos<s upoa me Legs
latsare Tie enactment Of laws 10 regu-
late the practice Of medicine and sarxerv.
01 Q former occasion directed The arfestsou OF
the legislature 20 this subject. sni renew the
rscon uendzffan ths | then maze The laws
10 be enacted, however. should net coEsravene
the psaau provisions of the constitution; they
sAcuid not confer upon . small body Of persons
unfe6ned, unilrnitrt and suioe attic powers
uad9r which cergain classes Of our tellow csts-
gems might se Enade 70 suffer irrsparable injury.
aud stisi larger class b. deprived Of ,ae right
to employ snch medical advice and ass stance
as may. to them. seem propen assd advisable. q
right which they have always regarded sacred
and constitutional Tue legislature has un-
coubsedsy the pewey To provide for Q boa I'd of
medical examiners, bat Is cannot eontsr npoa
sach board unconstitutional powerA The lezis-
isrnre create inferior courts bar 1, canpos
confer upon such eourrs legislative powers.
Tnis principle has been declared by our supreme
court during preseat terra
Toe most serious obje tons 10 this bill are
contained la section 8. which IL 90 follows:
"Ail persons hereafter commencing the
practice OF medicine or surgery 10 any of It's
branches II this state snail Apply 10
said board for . heense 70 do so and
such applicant. al the time and pae dvsag-
mated by said board. or al the regular meeting
OF sad bosrd. shall submit 10 an exAminat On in
the following branches. to- wit. AaA.omy pays
iulDgy. chemistry, Histology, m&tertA meiica,
therspe usics, preventive medicines. practice Of
medieite. surgery Obstetrics diseases OF women
aud children. diseases OF the nervous system.
diseases OF the eye aud ear. medical jErispru-
0eEee. and such other branches a. The board
shall deem advisable Said board shall cause
such examination to hs both scisattne and
practical. ard OF sufficient severity to test the
candidates fitness to practice medicine aud
gerry. After examination, If the same Dc salts
factory, said hoard shall grant igeenee 20 81
applicant 70 practice IN dicine and surgery in
the state OF Wa>hiagton, which said license can
only be granted by the cons znf of not less
than Eve me nbefs of said board, aud which said
license shall be signed by the esidsnt ami sec
rersry, and at ested by the seal thereof. The fee
for such examination shall be $40, AID shall
be paid By the applicant 10 the treasurer OF
said board toward dsfraying the expense
thereof. and such board may refuse Or revoke
license for unprofesxional or disbonora bic con-
duct In ali suea cases Of refusal or revocation
the applicant may appeal TO the appointing
power Of ssid board"
unser this section q majority Of the state
hoard OF medical examiners IA ~ refuse TO grant
license 20 any app icaat merely BY saying:
"we are not satisfied WITH your examination.
The language Of the bill is. after examination,
If the same be satisfactory. SAID Ioard shall
E.
be seen thai phi stefan may come 20 This state
70 reside aud ice his profession. rs rep
1tat.oa may b. national. AID his private asds
professional Character may be imasa uisteL He
may Dc examined by the oaari upou ali the sub
jets prescribed. and his proficiency may be per
feet yes i've t6l members OF the boari have
oaly 70 say, .'yo1r examination II not satfsfse.
torf," and refuse 10 graft him license He has
20 remedy here Is no appeal from this decis-
ion The bill gives no appsai, exeept la ca-es
where the board refuses or revokrs III erse for
unpro essionai or dsshonorabis eoaduct The
applicant for q license is compelled 10 leave the
STATE aud 80 ~here such arbitrary powers are
uus conferred upon o board of medical exam
liners
II the hoard can thus decide In one case II can
Ia all and therefore IL would be within the
power OF the board TO refuse = liceuse 70 every
physician whose views in regard 10 the Practice
of medicine were dot in oonsouanee with q ma
jerity Of the board.
II may be sasd that II Is not probssie that this
course win ever be pursued by any board
which may be appointed. This Is q mere matter
OF opinion. and cannot be demonstrated No
las sho9ld ever oe eascted apdeF whica IL
would be posi- Die that the citizen could suffer
injustice and wrong History seaches that au-
tocrscsic aud unlimited powers have almost
universally been abused Human nature has
been the same In ell sges sel6snness and .eii
tntres are IS presioml Eating traits of character
today - taey have ever been ia the past Jas
lice Matthews. ia q case decided la the supreme
court OF the U4ited states, lis o. 5 sc. uses this
language.
when We consider the nature and the thenry
Of our institutions OF government, TOE prin-
caples upoa whteh they are snpposrd to re.s
aud review the history et their deeeiopul stt We
are constrained 70 eonclade that they DO not
mean 70 cave roo for the play and action Of
paFeiy PERSONAL ard arb lrsry swtr"
Another easeetson 70 tae BAL ARISES under sec
sion - Of tie declaration si rixAgs. with ls Is
fellows.
"Na law shall be passed granting TO sny cid.
zen class Of estfzens. or cooperation other III an
rsaniriuas privileges or insmnnlties wh4eA mpoa
fae sane terms snail Dol lis belong to al
estlsegS, ~ corTssraticpa
Tse Bill. slfsonsh 40, ia express terms. set
b clea. implication, permits every eitizs n - 30
IL engaged IN tas pTsct &C Of ia a3ciae Al the
time the eiis should become as 70 coalFnae
such tfaeEsce taaut examination Yet an.
ot5eg class who desire % commences prsrSsee
after ias Law takes eject. must sabus to GER
iasn conditions waica are npt snapsSel a,on he
other class The hslL therefore. eaasees mon
one cssss - citizens important prigslezes winch
essno', uroa tae same tsrHss De easoys-d b. an
e'neg class, and is. therefore. 10 es4dses with
tse ctnSFiia-&oa Ia sisIti.a TO this . ciion
81 sae oiA expressly excerpts tean IS operation
= certAsa class. snSea esnnoi conssitusaozal4y
DC some.
les slastvs poser upan tbs bard II exanaineTs
i0ws
TIE legislature shall eaacs laws 10 rprnlste
tae pra~Fsss Of rr9tciae saa sarsery Aaa The
ssie 81 &raes ara ne1scfaex~
TIE I'll psessee= tbs The boA-a RAY refuse o.
revoke ices sc fsr ga roE ss.aTiki or dis
Hsatrznse e0n SCI. e2s = 1sss not ur serssa
wasz ats sAsil eeasslsass anpsas eSssoss3 az d.
soacvssis eaH5sct Thesp Is 20 r~cnqr.4s~.a
stanssgd o. cgsae e. medical esases cean4ssg
whss - anp-Ssesss0asI ca a4shanoranse cssssss.et
~hsea wsA eensFui TIE Se&ss IN sa&is s-ssaa
heneS iAs bard nss uElisu lEe.i f~swes IA assott
saca sases Sss rsga sssaorS absss thss szataes -
sSey fzsy deels proper. Tasse rnles ans sexa
iAssseas wasa SIS ptsi vii have fAe sorps al
esses Of lass. sa4 sIa ssgas sc ta~ a sefl,, ~
rass.teane az1 ss7xvry. ssaI DC enacted ey tie
sesis.atsre lagge C.sosev, Ia ass all A rsasa
rSt1stsLns@c@zs Asnftssso9 a eaysg
Nfae ri fas sstt.e3 xz&x EaS n eozSisnfsr-.S
isH =. t2&1 tie pSsef coaSsfees apsH sAe s.sxs
lsSz-e e make ASS e2nEcs y ssszasxssss NJ -.
espassEzeai 50 &aY ether hoas az amsso-ssv
A9fse tie saFeestEn poser 81 fss szass hsx
soesisS s@s sassar.sF. tAsre il Ezsss seaxlr,
as y tas ssasaslis Esssaas sgencg saans tne avs