Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-04-01
IN FAVOR OF FLOWER
aosroN,s SPECIALIST NOT AMENA-
ais TO THE VIRGINIA STATUTE.
.,ays witt Declares the Act Uncenstitu
tionai so Far as Intended to Appiyto
or-utesident Physicians.

n, r G. Flower. the Boston specialist.
,rhoss case has attracted so much atten-
,ion since b,s arrest several days ago. VIII
nrohablv resume his practice here to-day.
The test case brought against MN IN
the Hastings Court was decided IN MS
favor Yesterday. and az matter OF course
tho seven similar charges pending IN the
police Court will be dismissed when taken
up again.
II is probable that new prosecution
w,ll be started under the revenue laws OF
the state. but late last night no papers
leaking 70 this end had been served. and
tine doubt was expressed by some as 10
whether such proceeding Will accom-
plish any practical good.
CROWD IN THE COURTROOM.
The decision of Judge Witt in this some
What celebrated case was looked forward
70 with great interest, and at least two
hundred people assembled in the Hastings
Conrt room to hear what the Judge had TO
say The majority of the spectators were
LAWYERS. physicians. aud young men pre-
pairing tor the practice of medicine.
The accused, accompanied by his coun-
sci Messrs. Christian * Christian. was
promptly on hand. Major X. Il. Pegram
and MT. IAnh litouiios VIM WOiO W.
ployed by the Board of Medical Examiners
TO assist in the prosecution, entered the
courtroom shortly before IL o'clock. Com
monwealth' s-Attorney Smith. owing 70 q
misunderstanding as TO the hour at when
the opinion was TO be delivered, was alb
sent. Attorney General X. Taylor Scott
occupied seat near Major Pegram.
OPINION OF THE COURT.
Judge Witt assembled the bench at the
hour specified for the opening OF the tri-
bunal. BY his side sat Judge Lamp, OF
the Chancery Court. After the usual tor,
malitles Judge Witt stated that he had
been unable to prepare u written OPINION
in the case. owing TO lack OF time, put that
If desired by counsel he would submit one
later. lie added that he mad come to the
conclusion that the law so tar "a IT ailecteu
the defendant IN this case was clearly un'
constitutional.
The section Of the Code in question. ne
SAID. requires that before person can
practice medicine in Virginia lie must ME
a certificate obtained from the Board OF
Medical Examiners. and have III recorded
in the place of his residence. AS DR..
Flower does not reside in TINS State he
would have had no place TO file his certlh'
cate, even had he obtained one. The de-
PENDANT, while passing through Virginia
had treated patients, but the law was un'
constitutional as Tar as 1t applied TO MN
inasmuch as he had no facility TO agai
himself os the provisions of the statute.
The effect OF Judge Wits decision, the
delivery Of which scarcely consumed hye
minutes, was to override the demurrer OF
the prosecution to DR.. Flowers plea. IL
other words his Honor decides that Or.
Flower, although q nonresident OF Virgi
mia. cannot be prosecuted. as he is only II
the State for q few days. Had the accused
visited the Old Dominion with the lnten
ton OF residing here permanently he wouic
have had to stand the examination re
quired by law.
Judge Witt affirmed the constitutional
ity of the law in every particular except
this one, and his decision only applies u
non-residents who are In this city TEN
porarily, and only as far as applicable tS
such cases are the PROVISIONS OF the Law
affected.
ANOTHER PROSECUTION ADVISED.
Major Pegram. at the conclusion o
Judge Wits remarks. said that the prose
cutlon was, by the latter's decision, lef
without remedy. as no appeal could b'
| taken. There was no need OF empanelllns
| a Jury. Major Pegram expressed his re
gret at the absence of Commonwealth 3
ATTORNEY Smith, as he desired to adyls'
another prosecution under the revenue
laws of the State. The laws. he said, re
/ quired every man prachcing 10 nave
/ license. and if this was not paid the OF
! fender was liable to "a fine. As Alr. smith
/ associate he desired to recommend tina
| information be filed III the court chargin!
| DIR. Flower with practicing his profession
without having paid the license-tax to til
| Commonwealth.
| WILLING TO PAY LICENSE.
Judge Witt explained the absence of tn
Commonwealth Attorney, after whicl
| Mr.. Christian. on behalf of the defendant
said that his client was willing to stay II
this city as long as was necessary to answe
the charges. He added that DIR. Flower
who was ignorant Of the laws OF Virginia
came here and attended a few patient
without paving his license, just as lawyer
from other States who visited Virginia Z
follow their professions tor few day
sometimes do.
MIR. Christian added that he had all alon
been of the opinion that DR.. Flower coul
not Law hcense-tax without having 81
cured certificate from the Examinln
Board, but he had Just been informed b
Major PeCram that there was some recen
legislation on the subject. He had nc
had time to examine the amended act
Moreover, the question Of llcense-ta,
added Mr. Christian. was matter of IL
difference to DR.. Flower as the latter wa
ready TO pay 1t any time he was advise
that the laws require IT.
DESIRE Fos AN APPEAL.
Judge Witt, at the conclusion of Nj
Christians remarks. stated that he kne
there was strong desire among the Law
yers for him to decide the act passed upo
as constitutional, so that the case could :
carried to the Supreme Court. He hin
self would like to have seen a test Gas
made of the matter but 1t was his duty
decide questions according to what he col
sidered right and justice. When 1t was
clear TO him that the law was unconstitI
tlonal as applied to DR.. Flower. he felt
his duty TO decide II so.
Major Pegram said that the purpose (
the new prosecution was to get the ca:
into the Court Of Appeals.
Both sides agreed TO postponement I
} further proceedings until to-day. whe
new information will probably be filed.