Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-25
DOCTORS DISAGREE.
ih3 Appealed R. A. BasbfouCk 10 laa
Third DiSlTiC. Court.
A HEARING rnIs AFTERNOON
Il Comes Up First on nrmurrtr.-
Judge Cochran Claim, UucOnsll.
tulionailly Of the Law.

TIE cas-, Of tho People of the Trr...
tory " DR.. Richard A. Ha,b' ouck had
0eon specially vet down for hearing 100
the Third district court this mora.us,
before Judge H.W.5mith. Toe pr5lo-I.
ton is represented b. County Attorney
Murphy, with Juigc ulwAt associated
Judge J. +. Cochran, assisted b. At
.etnsy J.. NJ. Hamilton, Is retained Oh
behalf Of the defendant.
Tho prosecution g. bglugh, ass.n.,
DE-. Hta0rIuck tor alleged violation OF
the act VI the last Legislature ontitlr
can act 10 regulate tbs practice OF
lltdloino.D
Tho compalat sr,s 'orlh that the Dr.
ZEN iani, a. sslt Lake Guy, 1u April
80, 1898, AMI iheroiii1r uunwIuiy
practioeI medicine without nu. o..
uiniug q certificate o.; license from ,hc
board Of medical examiners OF L lab
Territory, AMI TO this tbs defendant
icmuts on the following grounds
That the nc, uniur which tue proceed.
ings are tnlgrn IL unconstitutional; an D,
further, that tho board VI medical *.
amlnrrs Tor Utah Territory has a.
authority 10 aoi, heclute appointed
without this concurrence VI the rcsri
iufial council ani more than Que
month after the vacancy occurred.
Tho hearing wa originally haI Ia
Commissionvr Pfatps court, when the
demurrer was uvcfruluI, rhUn TRIAL
was had anu the defendant adjuigci
guilty aud finei $50 and costs. Fflm
tuiu judgment an appeal BE- thkcn % the
lhird District court By stipulation
II thu parties the demurrer mas now %
Boz submitted 10 tuH court AMI, ~
UvcrrulUi, 10 DO further submitted Oh
u stipulation Of facts, lheap bciug Ia
tubsinuCo-lhht thu board OF OK
amintrs WAS appointed by the Cover.
nor without tue concurrence % TIVE
Council; that the act creating the
board was passei March ION, 1892,
that the Legislature then, or very roDu
after, adjourned; that the hfst appoint
ment of any msnUcts 0fthe b3arI was
made Sept. 22ud, 1892, when some Of
the membora we're spp1inIed aud tnat
those not thou appointed we're ch9ign
Dec. 10Th, 1902.
When the matter was called up be-
fore Judge Smith as 10 O'Clock all the
parties interested were on hand, but iu-
asmucn as Il wAb desired w ARe up
another special clse-whiuh, however,
was not gone into after ala cOntinu-
auos Of tho Hasbr0uCk demurrer was
allowed by consent tili . y. m, Muuu.
while Judge smith cat Ia chambers
ready ~ hear Ruy informal motions
which might chance 10 be submitted.
THIS afternoon, Judge Cochran, IN
submitting his demurrer, INA not con.
tend that tho Legislature hai not the
power 10 prescribe reasonable aud uni
form conditions upon tho rich.
OF PERSONS TO practice meli.
clno. he points out, however,
that from the year 1906, When
the nat prosecution was brought In
New York under ouch Hu act and tln
defendant fined thugu.lg IA thu sum u
SIS, Homu sOrtof medical legislation had
become statute law Ia nearly Hl tnu
states aud territories OF the u litol
statua, aud when within GJuA,itutlDual
limitation had been upheld. The de-
PENDANT HssUr0uck, ono si prfhnps l5l
physicians OF the territory who hal not
complied with the provisions VI the
law, did not question tho right Of tuu
Legislature 10 pass such laws as would
protect the physician as veil a. OiuUf
sub octs Of the Territory from tbs quhgE
anu tho ohRrlatau. lie, with thom,
! desired legislation having fUr ~ OuJrct
: the protection Of tho muiiosl profession
and the subject IRON fraud anu deCvp.
tiou. But, said Judge Cochran, - Hll
! such legislative power there were vol
. defined legal limits beyond whlch tho
] Legislature could not 10. one u thvsi
WAS that such Jaws must be uniform In
their application anu requirements.
lhs constitution protected not only
from private Invasion buI from legi,.
I lalivs spoliallon. THIS g1l was uuoJn.
, suIutional, net, bocaua1 20, tue dis.
elimination against physIclans who
> had mot pTaC,ieel In this Territory Ia
: requiring examination and Ia the sun
d charged them for certificates 10 pruc.
0 tice, and was Ia violation Of section 2
Z article 4, OF the constitution; second,
: because the legislature had In the exsf.
, oise OF LIS powers imp0,od tax other
}, than for public purposes thru, because
4 It conferred on tho board Judicial anu
= other powers beyond those which could
ho conferred by the legislature, and
Wa Ia violation Of section Of the
| ANku AAANNANANAN ~ Wv ANAANhN"
tuition. By this unjust power
y OF discrimination vested In the
Z. board tho No work OF QUO OF class
was destroyed, his ostaio esohoaled;
he, with hls mmiiy, was deprived Of
means VI support, while the fortune o.
the les deserving u the same class
!. might DO msJu. No such pJwer Co
woTk ruin existed In a legislature; such
powor WIS not within tho exercise OF
= legislative will. twas simply vicious,
. arbitrary, absolutely iuhWairhnt'
o ed by law aud wlthIu, the sanction VI
I. American courts. In support Of this
h pfoplsitiou oYuus0l quoted from
1 Cooley's Constitutional limitation, O,u
6 ed, n. 587, and also cJp.Ousiy from
o other legal authorities. When II was
II remembered, he saiji that the action
n Of tins board Ia refusing % issuc a
llcense to An applicant might proceed
from enmity or pieludiee, from iaN.orl''
ism Toihet improper lruueucts NM mo
tiyes easy Of concealmeui anu eillieul
n 10 be detected, 10 Jrclmu unnecessary
. 10 suggest or comm0nt uIon the inlus'
tice capable u being wtOuf.' uuugI
y cover vi such power. lha dittrihilnA
y lion was illegal aud The public admin
a istration which enforced 10 was o.
i. denial Of the equal protection OF lhn
N laws and violation OF the ~ % Auph"'