The herald., 1894-06-29
DIR. WONG TABOOED.
JUDGE SMITH SAYS HE CANNOT
PRACTICE WITHOUT A LICENSE.
he sustsins tho Judgment OF tn" JUS
tice Court Whore tho Mougoiian
Physician Was Convicted
and Fined.

Judge Smith yesterday decided the
case OF DR.. Wong, which was argued at
great length before him several week !
ago. and put a taboo on the Chinese
practitioner which will have very die
couragipg effect upon his continuing
business at the old stand.
The defendant was convicted in the
police court OF this city of unlawiuily
practicing medicine without first having
obtained license from the board OF ex-
aminers.
Among reasons urged for the reversal
OF the Judgment of the Justices court,
where DR.. Wong was convicted, was that
the complaint was defective in not set
ting out facts sufficient to constitute an
oheDse under the act regulating tie
practice OF medicine in this state.
Section Z OF that act provides that any
person practicing medicine or surgery
III the state without license shall be
deemed guilty OF q misdemeanor. Sec
ton l OF the came act provides that
any person shall be regarded az practic-
ing medicine within the meaning OF the
act, who shall profess publicly to be a
ply sician, or who shalt habituaiiy pre-
scribe Tor the sick, or who shall append
to his name the letters NJ. d., bu. moth
ing in the act shall be construed to pro-
hioit gratuitous services in case OF emer-
gency nor apply to lawfully commits
stoned surgeons of the United States
army or navy.
The complaint in the case alleged that
DR.. Wong wilfully ard unlawiully prac-
tlced medicine without fret having pro-
cured certificate to practice from one
OF the boards of medical examiners.
The defendant contended that the
complaint should have shown either
that no protested publicly to be physi-
clan or that he habituslly prescribed
for the sick or appended NJ. d. to his
name. and that lie was not g commits
stoned surgeon in the army or navy OF
the United States.
Judge Smith in discussing the points
raised says:
ut will be observed that section 7
recites, amy person practicing medicine
or snrgery,' and section Il detinss what
acts shall constitute 'practicing med
icine' within the meaning of tho act;
and while it is true that before a convic-
ton can he had it must be shown that
the defendant either proiessed pu blicly
to be n physician or habituslly pre-.
cIiAOON III AtiO oiCh, u dppoAQCQ IA. ~.
to his name. still the section which de-
fines the offense and prescribes the PEN
atty simply eays, amy porson practicipg
medicine or surgery without license
etc.
The ultimate facts should be al
legged and not the evidence leading to
the Hame. The allegation is that de.
PENDANT practiced medicine, ETC., but to
Get out the acts which constituted such
practice 10 pleading evidence and not
ultimate facts. Besides this, the allie.
cation is in the language of the statute
defining the oaense. and the supreme
court has over and over again he'd this
to be sufficient"
Judge Smith further says that the law
is well settled that II there be an excep-
ticn in the enacting clause Of a statute
creating the otfense, such exception
must be negatived by the pleader, but il
the exception is in another or different
section. then no negation is required in
the pleading, blu: such exception be-
comes matter OF defense, and the defen-
dent may bring himself within the same
by proof If he can.
Upon the pointof the constitutionality
of the law, which wac combatted very
elcquently by Mr.. A. B. Hotchkiss,
Judge Snith says, without discussing
the subject, that the supreme court has
held it to be constitutional in several
cases.
AS to the proof sustaining the judg.
ment, the court holds that it did that
he has a sign out, attended a sick child
for a week, prescribed medicine for it,
and treated the patient at lis sanitari-
um. The judgment is, therefore, Gus.
tanned.