The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-02
BEFORE the EXAMINERS.
Two Doctors Who Are Charged With
Unprofessional and Dishon-
orable Conduct
DR.. Todd, OF Butte, Said to Have
Advertised In a Way to
Deceive.
DE-. Kellogg, Of Helena, Arraigned ON
Matters In Connection With the
Masonic Tomple Case.

Tho state board of medical examiners
met in the council chamber ut the CITY nall
yesterday TO hear testimony in casos against
Dr.. Todd, OF Butte. and DR.. =. 8. KELLOGG.
OF Helens. There were pressnt Dr.. g. =.
Cole, president of the board. DR.. W. d.
Billiard. secretary. Dr.. w. Q. Riddel'. O.
Elkhorn, Dr.. T. j. Murray. of Butte. .
DR.. Sigh, OF Granite. Just'ce
Blake. County Alto ney Nolan and Attor-
ney r. 4. Corbett. represented the board.
DR.. Todd was represented by A. J. Camp
bell. Of Butte, and Dr.. Kellogg BY ]. W.
Kinsley. Of Helena. The charges against
DR.. Todd we're that no had been guilty Of
conduct of an unprofessional, dishonorable
and immoral nature. and advertising with
an intent to deceive. and the petition prayed
that his license to practice medicine In the
state be revoked. In supportof the charges
there was attached to the complaint. and
made a portion of II. a copy of an adver-
tiscmsnt. in which DR.. Todd stated that no
made q specially of a number of diseases.
and guaranteed q cure. Dr. j. d. Atchison
was the only witness. He was Put
ON the stand by the prosecution.
and testified that In his opinion the
advertisement was unp OCCASIONAL In that
the doctor made . specially of . large num-
Der of diseases, and dishonest in that no
guaranteed q cure. In answer tot question
bv Attorney Campbell DR.. Atchison said
that q physician who was an aurist or an
oculist could. without being unprofesaional,
.dvertise the fact that he made q specially
Of those things. but ho could mot advertise
az being 4 specialist in such q large number
OF diseasss. The guarantee to cure was
something he did not think n physician
could do.
At tho afternoon session Attorney Camp
boil made an argument in behalf of his
client, calling attention to the powers of
the board, and asking the members to judge
the osse In the spirit they would II they
were placed in the same position. He said
that DR.. Todd had been among the first
physicians in the state to take out a H.
csnss; that while engaged in the treatment
OF specific diseases he had encountered the
opposition of those who were advertising.
but whose advertisements were so worded
as not to bring them within
the Jurisdiction OF the board; that
II he had violated the law he
did 90 because he was ignorant of the pro-
vision prohibiting advertisements such as
the kind he had been cited before the board
for. and that he had pledged himself to
cease that which has proved offensive to the
board. Attorney Corbett made a short re-
ply. saying that ignorance Of the law wonld
ft to heed the DOCTORS plea for lenienoy no
had no objection; that the board itself
must be the judge of that.
In tho Kellogg case among the charges
we're that he was guilty of imp OCCASIONAL.
he had violated a city ordinance. The COM
plant was based on the Masonic temple
case, and the facts brought out at tho in
quest held by the coroner on the body of
the infant, put in the furnace
BY BY VI Vim. A0''G Biskers tat ''N1 Attorn as'
Kinsley demurred to the complaint on the
ground that it should specify some one
thing on which the board proposed to try
the doctor. Attorneys Corbett and Blsko
argued that the board should consider the
complaint as a whole: that under the law
creating it. it had full powers as q court,
but that it was not necessary to bind itself by
the procedure usually had in case of indict-
ment. The demurrer was overruled, and
then DR.. KelloRR's counsel denied each and
every allegation, genera! and SPECIFIC, and
entered a general plea of not being guilty
of having done anything of an unprofes-
%siopal, Gishonorable or immoral nature.
Mr.. Kinsley then asked for a jury trial,
saying the DOCTORS certificate to practice.
representing, as II did, the result Of years
OIL 6buOy 0uO tu0 CXpSuAltuIo "a WuSA
money, was u thing Of property value; that
the hearing also partook of the character of
a criminal proceeding in that he ia charged
with violating q CITY ordinance. and that is
a felony under the law; Under the consti-
tuition Of the state he believed his client
was overruled. and then Mr.. Kins-
ley said he desired to enter a
protest against Drs. Cole and Billiard
sitting in the case as they had been wit
nesses before the coroner. and he protested
against his client being tried before a mi.
nority of the board as he would, if Drs.
Cole and Billiard did not sit. He also
challenged DR.. Cole on the ground that he
had formed and expressed an opinion in
the case, and that hb had given expression
to biased opinions against the defendant
The protest was overtulcd.
The first witness for the prosecution was
Wm. Bickstaf. the fireman at the Masonic
temple. who give substantially the same
testimony az at the coroner's inquest. His
assistant. Turner. also gave the same testi.
monya as before the coroner. DR.. Pleasant.
was also called. Judge Blake went all owe,
toned him on several points IN the hearing
that did not appear in the testimony. The {
was quite a lively time between the lawyers
whom the coroner WINS on the witness stand.
Mr.. kinsley desired to show that up to the
time he aproared in the case DR.. KELLOGG
Twas willing to tel! the name of the woman
in the cnse. and that he only pos
itively refused to do so after ne
tKinsley) had 80 advised him. County
Attorney Nolan took the position of Mr.,
Kinsley to moan that Dr.. Kellogg had beer
trifing with the coroner's jury when he al
lowed Mr.. Kinslay to dictate his answer.
for him. and commended that Mr.. Kiusley
could not thus relieve the doctor from
responsibility for his courao before the
coroner. The debate was a heated one
and during its course Judge Hunts de
cision In the hnbeas corpus case and Other
matters in the hearing came up. Finally,
however, the coroner was excused, and
Judge Blake put the proceedings before The
coroner in az evidence.
Then a question arose AZ to why there hat
been n weeks ndiournment on the cnse be.
put on the stand and swore that II WAS al
Mr.. Kinsley's request. at first for one day
to consult authorities. and was afterward'
extended to a longer tcriod. Tho disput.
arose over the fnct that when DR.. Kellogg
frat refused TO tell who the woman was. sh,
was in the city. and refused to consent Il
he giving OF her name. After the Ions
adjournment he refused to give it because
he said the woman had left the state, nnG
ais unsupported testimony might tend t.
rriminate him.
The prosecution has about concluded III
case, and to. day the defense will have tn,
chanco to introduce evidence.
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