The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-06
KELLOGG AND THE BOARD
The Doctors Lawyer Secures Sus-
pension Of the Judgment Re-
voking His Certificate.
Pending the Determination OF an
Appeal Made to the Dis
trict Court.
Judge Hunt Signs an Order to That Eueot
and the Doctor still Drives the
BAY Around Town.

An entirely new move was made IN LIZ.
E. 8. Kellogg's case yesterday. and until a
counter move Is made the doctor will con-
,inuc to practice his profession. Lawyer
J., w, Kinsley, oounsel for DR.. Kellogg, was
around bright and early yesterday morning
with a notice OF appeal from the action OF
tho board OF medical examiners. lie
served notice on Secretary Ballard and lie
gal Adviser Blake. Of the medical board,
that an appeal had been taken 80 the dis
trict court from the Judgment OF the med
iosl board whereby Dr.. Kellogg's certificate
TO practice medicine and surgery in Mon
a had been revoked. The appeal. the
notice stated, had been taken both on the
law and the facts. Then Lawyer kinsley
went TO Judge Hunt. of tho district court,
and stated his case. Judge Hunt made an
order that the appeal be allowed on sne
doc.o. giving n bond for $500. conditioned
that he would file q transcript. would pros
ecute the appeal with all reasonable dts
patch and would pay whatever costs mlRns
accrue should the case go against him.
The bono was filed with II. 4. Fisk and r.
II. Fowles as s%ureties. When the matter of
appeal had been arranged satisfactorily.
Lawyer Kinsley advanced the case another
stage. He wrote out a formal notice to
Lawyer Blake that at half past eleven the
same morning he would apply to Judge
Hunsf for an order that the Judgment of the
medical board revoking DR.. kellogg's cer-
tiicate be suspended pending a determine
ton of the DOCTORS appeal. This notice no
sent by his clerk to the office of Lawyer
Blake. who acknowledged service. This
Wal about II O'Clock in the morning. HALF
an hour later Lawyer Kinsley was at the
District court in Judge Hunts department.
Lawyer Blake was not there. After waiting
about fifteen minutes Judge Hunt signed
an order s%uspending the action of the med
ioal board pending a final determination OF
DR.. KelloRa's appeal. Some hours afser
this Judge Hunt adjourned his department.
of the district court for the term, as he in
tends going east to be gone some
time. Along In the afternoon Lawyer
Blake went to see Judge Hunt. When he
learned of the order that had been issued
he wanted Judge Hunt to revoke it and give
him a chance TO be heard. Judge Huns
notice of the intention Of the other side to
apply for the order. He had not been
present at the time fixed. and in the abb
sence Of opposition the order had been is
sued. II would have to stand.
just what action the medical board will
take now will not be known until it de-
vslopes. II 10 possible Lawyer Blake may
apply TO Judge Buck, in the other depart
ment Of the district court, for a rehearing
on the matter of issuing the order. The
appeal of Dr.. Kellogg from the Judgment
of the medical board will be pushed to a
hearing a. rapidly az possible. As either
side that loses in the district court will
carry tho case up to the supreme court. it
will be a long time before the matter is
finally decided.
DR.. Kellogg was not served with the
notice of the revocation of his certificate
until nine O'Clock on Thursday night.
Lawyer Kinsley says between that time and
quarter before noon yesterday. when Judge
Hunt ordered the suspension Of the medi-
cal boards Judgment. his client did not
practice his profession. In the afternoon
of yesterday, however, he was evidently
making up for time lost, as his fast-step-
ping bay was seen flying all over town.
The outcome of the matter is awaited
with lone interest in the medical profess
sion, az the Kellogg case ia regarded in the
nature of a test that will settle for all time
the power Of the state board of medical ex-
aminers. just as soon as the supreme court
can get around to 1t.