The Anaconda standard., 1896-02-28
IT WAS No COMPLAINT
So DR.. William Todd Is DISCHARGED
and Arrested Again.
COTTER'S OBJECTION HOLDS
The Physician Is Charged witb
Practicing Medicine Without
First Having Secured Peri
mission to DO so.
COTTER'S OBJECTION HOLDS

The case of the state against Dr
William Todd, charged with practicine
medicine in the city of Butte without
hrst having obtained certificate OF
permit from the state medical board
was called for trial in Judge Speer's
court yesterday. The "regular'' doc-
tors and DIR. Bullard, secretary OF the
state board, were on hand prepared for
hard fight and determined to convict
DR.. Todd but the case ended in a fizzle
ana the defendant was discharged be-
cause or the faulty complaint. or in
formation in the case.
| The case had reached the district
| court on an appeal by Dr. Todd from
the justice court of NJ. L. Holland and
was taken up for the purpose of MAX
Ing test case of the new medical
law. The state was represented by
| Chief Deputy County Attorney e. s.
Booth. who had drawn the complaint
In the case, and John w. Cottter and
| Ihomas Z. Harvey appeared for the
| defendant.
A jury was obtained without much
difficulty and Mrs. Henry Wey. the fe
| male detective, was called as the first
witness but before she was permitted
to testify Mr.. Cotter entered an OH
lection to the Introduction of any tes-
fimony under the complaint on the
ground that the case was not brought
in the name of "The state of Mon
tana," as required by the statute. hut
omitted the word "the." and also on
une ground that the complaint did not
State facts sufficient to constitute a
pubic offense In that 1t did not allege
that the defendant practiced medicine
Tor a Zee, compensation, bonus or hone
or reward. Mr.. Cotter claimed that
under the law he could practice medi-
clne until the COWS came home as long
as ne made no charges for his services
The same question ha
a demurrer to the information and had
been overruled, but the form of the
complaint had not before been attack
ed. The court examined the Complaint
and remarked that ii in no particular
complied with the requirements of the
statute. and in its concluding clause
did not allege that the acts Complained
OF were against the laws of the state
of Montana
don't see why complaints are
drawn dn this manner" said the Judge.
Does the court want to hear any
argument on the proposition that a
technical conclusion is not necessary
to complaint" asked Mr.. Booth.
NO, sir," said the court, but I am
trying TO lind an excuse for sustaining
this information"
Judge Speer searched the codes for
some law to sustain the information
ana then asked Mr.. Booth if. he had
No, sir; l have not"
We'll, 1t clearly appears to me that
thls information is insufficient in every
respect. There is no plaintiff as pro-
Vlued py the statute and its conclud-
ing clause names the people of the
state of Montana" instead Of atbe
state or Montana" as is expressly re-
CURED by The statute Thts comnlaInt
seems to have been printed for the pa,r-
pose OF allowing defendants to escane
me objection is sustained The fury
VIII be excused and the defendant is
discharged"
Within few hours after the doctor
1ad been discharged by Judge Speer.
another complaint was filed in Justice
court against him, and he was
tgaln arrested. The new COMPLAINT
vas drawn to meet the objections rais-
"a py Mr.. Cotter, and charges the doc
or with practicing medicine without
irst having obtained a permit or GER
lncate from the state board. and al
eyes that he practiced for a fee or
rope OF reward, and contrary to the
tatutes and against the peace and dig
lity or the state OF Montana. The doc
or was arraigned and took "a hours I'm
which to plead and was released on a
900 bond. AS the doctor is anxious to
ave the case tried and the law tested.
VIII probably soon reach the district
ourt again