The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-24
REVERSED AGAIN,
Stats Medical Examiners Refuse .
Butte Physician q License
to Practice.
This Time the Board Came Some
what Closer to the
Statute.
Wsyorhorst Produces : DipIoma from ths
University Of Ath, in Belgium
Not disputed.

The state board Of medical examiners
have been In the district corrt again. They
would not issue a certificate TO DR.. Joseph
Weyerhorst, Of Butte, to practice medicine
In Montana. The doctor then took his case
before Judge Hunt who reversed tho action
OF the board. In hin decision his honor
says:
"Weycrhorst was cited 70 appear before
the board Of medical examiners, and after
notification did appear by counsel. The
board considered his diploma and mado a
finding 10 the effect that the college which
issued u was not in good standing. The
facts upon which this finding was based arc
not fully given, but there was, ! think, a
suf1cient compliance with the law TO per-
NIT the action Of the board TO stand as q
conclusion legally made by them. ] there
fore regard the finding AZ sufficient TO have
properly deprived the appellant Of his GER
tificats to practice medicine until such find
ng IL sustained, or reversed, By q trial in
Dart. Following put the law Weyerhorst
~ sought his remedy BY appeal.
"1he state contends that no appeal liet
from such q finding Of the medical board.
This point IL not we'll taken, because an
appeai is preserved In all cases Of 4 refusal
Of 4 certificate by the board. The right Of
final discrimination il not vested in the
board under the terms OF the law, even II
such q right could have been delegated ia
them, which Of itself 10 q close question.
cate upon the ground that he IL a graduate
with . genuine diploma issued by q medi.
standing. The diploma comforting the do.
gree Of doctor Of medicine is in evidence in
the CASE. Its unusual brevity and total
lack Of those recitals which are usually
found in graduating diplomas are
ever, that IL was regular and genuine and
such a. was always issued to medical grad
yates in Belgium from the University Of
Ath, whence II issues. No n has disputed
this statement.
t'He further swears that when he present
cd 1t to the Medical board at Helena 1t bore
the seal OF the university: No one has de
OF one Knaps, ''Presidente de La Faculte."
appears upon the parchment, besides the
seal OF the Department de 7 Interieur," Of
Belgium. The appellant also swears that
the school is one Of tire regular universities
OF Belgium. and that he took . four years
course thereat before his degree was given
him. No one has denied this. The pre-
sumption of law is that he tells the truth,
and having by competent evidence made
ont a prima facie case, the burden Of SHOW.
ing that his diploma is q fraud is cast upon
those who dispute it's verify and assert that
it is from a non-existing university. The
board seems to have made no effort to pro.
cure any evidence. and offered no testimony
at all, other than the transcript
filed by appellant, which con.
tains some hearsary and incompetent
testimony in the shape of letters from sew
eral persons who have never heard of the
University Of Ath." These letters were no
legal evidence at all, but if they were the,
are fully rebutted by other evidence OF thu
same kind.
IF the diploma offered by the appellant
is a sham the board must overcome the owl
dence offered that it is genuine and from q
regular school, and until they do, the ap-
pellant upon the testimony presented is en-
titled to his certificate to practice medicine
The order will be made reversing the action
of the board and requiring them to issue g
license to the petitioner" -