The news & observer., 1897-12-25
yHEY MUST HAVE LICENSE
PHYSICIANS ARE REQUIRED TO STAND AN
EXAMINATION.
HE Supreme Court Declares the Law Re-
curing i TO be Constitutional and
Entirplv lust.
Entirely lust.

An important case of special interest
- the medical profession OF TINS State
gas decided by the Supreme court yes
terday.
A man named II. Call, in Wilkes
county. was indicted for practicing me-
,6cine without having passed the re-
AHired examination before the State
6edical Board Of Examiners, as re-
Nuired by law.
He set up, as his defense, that the
law requiring this examination was un-
stitutional-contrary to Article H.,
section Z, of the State Constitution,
which forbids exclusive privileges and
rQmoluments to any set of men; also In
ISOLATION of section 81, of the same Arti-
de, which prohibits monopolies and per-
Aetuities, and is further obnoxious to the
XIV. amendment of the United States
4Qnstitution, which prohibits any State
$g1eny to any person the equal protec-
4 6h Of the laws.
In rendering the opinion of the court
f16n these points, Judge Clark says it
[ liOt to be questioned that the law
ANking power Of the State has the right
yeduire an examination and certifi-
eSat- - competency of persons
Desiring law or medicine.
90 require bfrr. r says, is an
exercise of the police the pro-
&o6on OF a.,e public aga, &ompe-
11fts and imposters, and is in Asense
,soRe creation of a monopoly or special
ffivileges. The door stands open to all
Who posses the requisite age and good
character and can stand the eXamina
1Dn which is exacted of all applicants
,aiike.
The defendant, Call, also contended
that the law requiring an examination
b unconstitutional on the additional
0round that it exempts from its re-
~Qlirements those physicians who were
6ready practicing medicine and surgery
ii This State on March Z, 1885. 1t will
Pc Eemembered that it was the Legis-
o8tnre of 1855 that passed the law COM
mained of and that it was made pros
Ntive SO as to apply only to those who
ehould begin the practice of medicine
and surgery thereafter. Touching this
nGnt Judge Clark says:
"This was not unrea sonable. 1t was
tair to assume that those already in
4he practice, many of whom had grown
ray in the service Of humanity and the
.1lleviation of suffering, had already re-
-aeiyed that public appreciation which
was sufficient guarantee of their COM
vSleItS, dIu Sutuiu NOl lt uttIicSsig
subjected to the humiliation of an ex-
animation by the side of beardless boys,
who had not yet swung q scapel or
Hrescribed a purgative save under super
vision, wlrile those s1feady in practice
VINO had proved incompetent, it might
be assumed had been equally stamped
with public disapproyal at the cost to
Che public of much bitter experience-an
expensive and dangerous process of dis
dnguishing the two classes to save the
Oublic from which, in future, was the
object of the new requisition requiring
examination and license by board of
competent examiners
The opinion holds that the special :
verdict in Calrs case was defective, in
hat~ il did not find that the defendant
racticed without fee or reward. IF
Indicted under section s. chapter 1S1
OF the acts of 1889, it was not necessary
20 allege or prove that the defendant
Dracticed without fee or reward.
Judgment arrested" /