The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-07-26
Question Brought Up BY the
r1edical Board.
ATTORNEY GENERAL BISHOP
, GIVES AN EXHAUSTIVE OPINION
ON THE MATTER.
Holds That the Professor is Amen
able to the Law-The Attorney
General Also PASSES Upon Mud
died school Trustee Election.

The attorney-general yesterday sent
Office Of Attorney General,
Salt Lake City, Utah,
July %, 1885,
To the Honorable Medical Board Of
Examiners, Salt Lake City, Utah:
Gentlemen-Your favor of the 21st
inst is before me, enclosing the ad-
vertisements of Professor Stoddard and
asking to be advised as to whether a
person who advertises Ito practice, TO
cure ills or physical ailments by clair
Voyant aid or as a professor or by
proprietary remedies, who does or does
not exact a direct Fee" come within
the medical law and can he be prose
cuted for noncompliance with it?
Replying thereto, / would say that 1
am of opinion, from the advertisement
you enclose, that he would come within
the provisions of section s, chapter x,
of the laws of Utah Of 1894, which pro-
vides as follows: Amy person shall be
regarded as practicing medicine within
the meaning Of this act who shall treat,
operate upon or prescribe for any ply
steal ailment of another fer a fee, or
who shall hold him or herself out, by
means Of signs, cards, advertisements
or otherwise as a physician or sur
geon" Section of the same act pro-
Vides that any person practicing med
= 4C4lAS VI IS6IA MIlIiu lI6 lGII4lOIy,
y without first having obtained a certifi-
cate, as herein provided for, or con-
frary to the provisions of this act,
shall be deemed guilty Of a misde-
meanOr' Other sections of the said
dill provide the method to be pursued
by persons DESTROYS of being licensed
to practice medicine within the state.
1 assume from your question that
Professot Stoddard has not complied,
this with fha Ia W in
ton.
The advertisement submitted by you,
among other things contains the fol-
lowing: He diagnoses disease in the
cla1rvoyant state free of charge; tells
you every pain and how long you have
beer sick without asking any ques-
tions; also tells the cause of your sick
ness. His remedies cure when all 9TH
ers fail. His female regulator is safe
and sure and contains no tansy or in
furious ingredients. His rheumatic
remedies cure rheumatism in all it's
various forms. No matter how long
You have suffered, his remedies will
4cure You. Reading one dollar, for
short time only"
1t Will be observed that he processes
to have remedies to cure physical all
rnents. Remedy is defined to mean
that which is used in any way for the
cure or relief of bodily disease or all
ment: a medicine; also remedial treat
ment; TO cure or heal by medicinal
treatment" The word implies the use
of medicine He 1e2ks Of his rheu-
matte remedy. That is some tangible
medicinal property prescribed for that
ailTnent, also MS female regulation
which evidently refers to the same
thing; some tangible property, as is
indicated from the words following,
wherein he says: 1T contains no tam
sy OF injurious Ingredients The sta
tute as above set out, in defining VINO
shall be regarded as practicing medi-
cine. refers to those who shall treat
operate upon, or prescribe for any ply
steal ailment of another for a fee" and
the question arises whether or not the
advertisement, wherein he says, he
diagnoses disease in the clarvoyant
state free Of charge would bring him
under the provisions of this law.
However, it will be observed that this
statute IS distinctive and even though
\ he did not make any charge for his
I services, l am az opinion that the lat
ter ct2IlSe OF the STA tlte would be sllf-
1lcient to bring the case within its DUR
view; it says, ''or who shall hold him
or herself OuT by means Of signs. cards.
advertisements or otherwise as a phv-
stefan or surgeon Independent of all
this, the advertisement contains a. nos
1870 II - tsAD-l u ll4Cll StlDhS Clearly Inc
intention uD0n his part to require COM
pensation for his services, wherein it is
said, reading one dollar for a short
time only" AS to whether he charges
compensation for his remedies ad-
vertised. does not appear; however. I
do not regard that as material. mas
much as it appears sufficiently plain
that compensation is required for what
he is pleased to term a reading" l
am clearly of opinion from the adver-
tisement enclosed that the party in
question comes sGuaTely within the
provisions of the law regulating the
practice of medicine in this state, and
that he is amcnaole to prosecution I'M
der section OF the laws of Utah of
! 1894. supra; however. inasmuch as it
IS the duty Of the county attorney to
'conduct prosecutions of this kind. oc-
curing in his county, l would suggest
that you confer with him and be GOV
erned by his advice in this matter.
have the honor to be very respectfully
yours. A. c. BISHOP,
Attorney General
The following opinion was also an
nounced yesterday:
Office Of the Attorney General. Salt
Lake City. Utah. July 25 1896
Hon. John r. Park, Superintendent of
Public instruction, Salt Lake City,
Utah:
Dear Sir-I have before me your IA
vor of the goth inst in which you ask
to be advised upon the following: st
submit herewith a transcript Of the
tally sheet Of Clinton schoal district Of
Utah county. as showing the result of
the election in that district on the 18th
inst, as follows:
Votes Cast. years. years. year.
"A A Hfporfh - -