Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-24
ECleCtiCs Set Forth Their Grievances
in a Lengthy Document
MAKE SENSATIONAL CHARGES
Medical Men Are the Combaiauts and
the Legislature the Bat
tleileld.


as mucn right 10 the protection VI the
Constitutional provision 0f the United
5tates, holding that no ono should DO
uoprvod oil o,libefty or property with
Out due process OF law, 10 the same
extent ns other residents of The Terri
tory, aud VI the United States,
for tho purpooe OF calling al
tentiou 10 this inJuBlicc that Is done
the medical profession by q certain
sJ.caiied medical bill and board Of
medical advisers now holding sway
within the Territory, and to call atten-
ton 10 particular inslances %. NAL.
icnsnnce on the part Of sall board,
present this, our petition, that the
legality OF said law, anu the acts Of the
sAiI board IN performance OF their 20.
called duties may be examined into In
connection with such bills on tue same
subject matter as are now before you.
First- Tho "medical bill" was passed
ut the last session OF the Legislature, Is
entitled ian set 10 regulate the practice
OF medlclue," ana provides, among
other thincp, that the Governor, by
nud with the advice and consent Of tho
Council, appoint biennially a board Of
medical examiners, with power 10 issue
certificates 10 all who furnish sat.
tiBlactofy pfcOf VI having received dc.
greco Of licenses from chartered medi.
cal colleges In good legal standing aud
VINO pass a satisfactory examination
befofo said board; that said board pre-.
pare two forms OF certificates, one for
graduates OF respectable colleges VINO
are At the timo OF tho passage Of the
act In acIusl practice In tho Territory,
who shall be licensed 10 practice
medicine upon presentation VI their
degree TO said, board, etc, and the
other for all persons not graduates Of
medical colleges who have practiceu
medicine ten years continually In this
Territory prior TO tho taking effect Of
tue act, etc; that the board may refuse
10 Issue certificates 10 individuals guilty
Of unproioshioBal or dishononble con-
duct, and that II may revoke coTIifi.
oates for like cause.
demonstrating attention TO the de.
fecla In the act itstli, Il IL unconstitu.
tional and Yoid, a. ihai II cprfiiria with
the organic act Of the Territory, which
provides "rnat the judicial power OF
said Territory shall be vested In a
Supreme court, district court, probate
court and In Justices OF tho peace, -
and that NJ the said act creating the
board OF medical examiners, vests Ia II
power OF depriving man Of the means
Of procuring livelihood, without due
process OF law, It Ia apparent that II, Ia
tho exercise Of ita uuties, anu moro
particularly In passing upon an appli.
cation for = certificate, or In refusing OF
revoking one upon the charge that tue
individual making the application !,
guilty otunproiesslonal or dishonorablt
conduct, exercise judicial functions,
aud the flgnt 10 exercise such funcii n,
being vested by the act OF Congress IN
the courts designated, this law, NO fai
AS II gives sucn powers TO this board, 4
absolutely void.
| Tnird-Again We sny, that the act 4,
void for the reason that n Ia In CON
tiict with Article V Of the Constitution
Of the United statet, which anon.
other things provides, that "No persoI
shall be deprived Of life, liberty OF
property without due process OF law
Toe word property We conclude ana In
fer, meaning everything watch might
In any manner become the subject O
oppression, and that mans estate II
his possession, aud the right to the en-
joy ment OF hia acquired reputation mr.
as certainly incluued IN tue meanin
Of these terms ~ are lands aud chattol,
For ths Territory to enact law for
bidding man the enjoyment OF hi
own house without the consen
OF an arbitrary board Of examiner
10 no more uni ust than 10 provide tha
nmAn shall not enjoy the benz
fits OF an established practice withOu
| N Ia A.. A.. a
prived Of his vested rights aud propeft
by q process rather ministerial thai
Judicial, aud wholly different from tina
which Ia meant by due process OF law
the Judgment OF his peers or the law o
tho land. His land canuot be take
from him, except by tbs Intervention
Of an Impartial Jury u his country
men; his hard earned reputation an
professional practice should not DO les
secure. 10 was no crime To engage ii
the practice and having become estat
lished II II, the Territory has no At
th0riiy TO deprive n man Of the right I
continue In ~, except for immoral O
professional delinquency asoertLine
by the verdict Of an IMPARTIAL Jury {
his peers. This act makes OF the boar
accuseIs, witnossea, prosecutors, Judge
and jury, all In one, Auu TO conpiet
the iuiqnity, lie sessions are secret, an
iIs menDsrs pledged 10 conoealment.
Four,h-Furthsr, this act IL nc
worthy Of recognition, and ought to /
repealed, Tor tho reason that 1t 10 uI
fair, unjust and discrlminates NOR
particularly against newcomers, 1
that 1t provides that one class OF pra,
titionors shall pay but i've dollars an
the other clEss IL laxeu twsnty.fy
dollars, and in that II only permits
certain clasB OF persons 10 practice Il
the Territory under any circun
stances; that 10 to say. IL provides IL
two forms OF certificates those procu
Ing the 50 license being ltquirod to Il
graduates OF respectable medical co
! ieges, who are at the time OF the pass
age OF the act engaged 10 actual pra,
tlce IN this Territory ana those pr,
curing the f25 liceuiei lssuable /
persons not grad uRtvs Of medical 90
leges who have praollced medicine 10
years continually in THIS Territor
prior to tins taking effect VI the act,
So you SEQ, that Ia point OF IA,
under this law al nov corners, n
matter what their standing, no matt,
: whaI diploma, no matter what reputI