The morning times. [volume] (Washington, D.C.) 1895-1897, 1896-09-18
TO TEST THE MEDICAL LAW
Commissioners Refuse DR..
Maloney a Certificate.
CLAIMS HE WAS REGISTERED
No Official Record Can Be Found OF
His Name--Three Additional Police
men Appointed-Permit Issued 10
the Postal Telegraph Cable COM
puny for Underground Conduits.

pmny for Underground Conduits.
DR.. James A. Maloney, practidng
physician in this dty, has appealed To the
Commissioners against what ms attorney
j. j. johnson, describes as the lheoh-
sistency of DIR. w [. Woodward, secretary
of the board of medical supervisors, in
denying DR. Maloney a certifieate, as re-
uuired by the law recently enacted, emitting
him TO continuethe practice of his profession.
Mr.. johnson submitted a lengthy state
ment of the case, alleging that Dr. Wood
wards refusal TO issue the certificate was
in The face of uncoubted previous iegiStr;i-
lions, which fulfills the meaning vi the
statute, but the only answer given MN
is a COPY OF Secretary Woodwards reply,
which the Commissioners stamp "ith their
approval.
The attorney stated that DR.. Maloney
applied several days Before the date OF
his letter, August 2e, for registration I'M
der the act approved June 3, 1896. and was
informed that his name did not appear
upon the register. He contendcd that this
must nave resulted from some mistake, ana
that Dr. MaloDey is ready to make aliidaeit
that in the early spring OF 1871 ne regis
tered in tbs own handwriting in COOK
j. W Parsons, clerk in the Eealth OF
flee.
DIR. MALONEY'S CLAIM.
He said further that DR.. Maloney is sup
por,ed in this statement by the health OF
nee reports from 1891 TO 1895, inclusive.
tie latter being the report of DR.. WOOD
ward in whose custody the register now
is He cited numerous other facts IN sup
port OF hls claim, and contended tliat' nav
ing registered prior 10 June s, 1885, he
is entitled to registration under the ne"
law. as provided for registered physicians
The case is a peculiar one, ana hihges
OIL a technically. In his report upon 1t,
in response 10 Attorney Johnson, the
secretary OF the board, who is likewise
the District health officer. says that wnlie
under the law approved June ~, 1874,
physicians. and others mentioned, were
required To register their names in book
or books kept for that purpose, in the
office OF the board Of health, careful
examination of the only authorized register
kept fails to disclose any evidence that
Dr. Maloney had ever complied with that
law.
THE publication of the name OF said
Maioney in the list of registered phi ysicians.
Dr. Woodward says, ISSUED as an ap-
pendix to the report of the health officer.
and It's presence in q similar list kept by
the permit clerk of this department. Is,
possibly, prina facie evidence of registra-
ton. but 1t is not supported by the official
register.
Il respectfully submit. therefore, that
this department is not justified by the Facts
In certifying that DR.. j. A. Maloney mad,
on or before June 8, 1896, registered
as a practicing physician; that the COM
missioners are not justified by such facts
i'll ordering the health officer to SO certify,
and that in view of such facts, such cer-
tificate if issued, would be merely the
expression OF the opinion OF the Colnniis-
siuners as TO whether certain conditions
constitute legal registration, and would
not Toe binding upon the board or medical
supervisors.
The board" be concludes, ''is re-
auired by law to issue licenses only under
certain specified conditions, and is, there
fore required to determine, prior to the
issue of such license, whether the neces-
sary conditions exist
LAW WILL BE TESTED.
The fact that the new law entities the
physician, regularly registered under the
old law TO a certificate without the formal
ity of an examination, makes a great dill
ference to applicants, and Will doubt
less impel DR.. Maloney to test the case
in a court of law. This is understood to
be the only case of the kind which has
go far come to the attention of the medical
board.
The Commissi oners yesterday made
three appointments to the police force, TO
ill vacancies, the winners OF the prizes
being Howard p. Short, No. 49, Maine
avenue: William F. Osborn, No. 621 n
street southwest, aud Charles w. Ricketts,
No 1913 Second street northeast.
The last named appointee was once be-
fore Il membe of the force, but got off the
roll several months ago In the recent eN-
animation OF applicants he stood second
in the list OF elieibles.
A permit was issued Yesterday to the
Postal Telegraph Gable Company to con-
struct underground conduts Tor the accom-
mediation OF its wires, according To the
boundaries noted as follows:
Beginning ut the existing conduit located
S feet west ofth west curb OF + fourteenth
street and feet north of the north curb OF
street, and running southwark TO a point
four feet west OF the west curb OF Four
tecnth street and seven feet south of the
south curb OF F street, thence south on Il
line four feet west Of the west curb of
Fourteenth street to u point located SIS
feet north of the north curb OF Pennsyl-
vania avenue, and from there in a south
easterly direction to point 81 feet east
ward from the east curb of Fourteenth
street, measured by the north curb, and
2ss feet south of the north building line OF
r street, ana Dy gwen uiTeCliOus 10 pTeluises
No. I3i5 E street.
The usual conditions and reservations are
made for the safety of the public and the
protection of the District.
AnOrder was issued by the Commissioners
yesterday authorizing the issuance of
permit to the Western Union Telegraph
Company for the erection of TAI new poles
on Brightwood avenue, from Pomeroy street
To the District line. The poles are to be
located alternately on 10th sides of the
avenue, On co ndition that the Sherman ave
nue. line Of the company be abandoned by
consolidation with the Brightwood avenue
line The Sherman avenue section con
sists Of 81 poles carrying % wires, via
Florida avenue, Eighth street, Grant ave
nue., Sherman avenue and Rock Greek
Church road Certain changes in the loCa
tiun of existing poles will lie necessary
and are prescribed By the Commissioners
in the execution of the order of consolida-
tion.
The new poles are to be fifty feet in
height, and stenciled with the companys
name and numbered, within the District
territory, and as far as Rock Greek road
shall be painted.
An Infant Phenomenon.
Johnny-Thcy must have an awful big
baby over at Meeker's house.