The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1897-10-16

Hon. James w. Reid filed petition
in the supreme court Monday in be-
half of r. Brown and Lafayette In
man of this city asking that writ of
mandate be issued compelling the
state board of medical examiners to
issue to said petitioners licenses to
continue the practice of medicine and
surgery. The court issued an alterna-
tive mandamus returnable at Boise In
November.
The petition was a preliminary step
in testing the constitutionality of the
medical law passed by the last session
of the Legislature, and the supreme
court will probably pass definitely on
the matter next month. Twelve ply
sicians practicing throughout the state
have been refused certificates by the
medical board, all of whom are interest
ed in the present action testing the
validity of the law.
In the affidavit of DR.. Inman ac-
cOmpanying the petition, deposition
ticing physician in the city of Lewis
ton, and that according to law he filed
with the county recorder copy of a
diploma of graduation as a physician
from the Illinois State University of
Chicago, Illinois, and exhibited to said
recorder the original of said diploma
certifying his graduation as doct' +
of medicine, and paid the said record
er ST. .25, the legal fee therefor. The
affidavit states that in June DIR. Inman
applied to the board of medical exami-
ners to continue the practice of medi-
cine in the state, presenting his di-
ploma, which application was refused,
letter from the secretary of the board
stating that the application had been
considered and refused "for the reason
that the application is based on having
recorded diploma issued by the Chi
cago Health University, or rather from
the Illinois Health University, an in-
stitutiOn not in good standing"
Similar affidavits were placed on
file. The position will not be taken
by Bir. Reid questioning the con-
stitutionality of the law, aside from
the plea of irregularity of procedure
in the legislature, is shown in the fol-
lowing extract from the petition:
''Affiaut further says that the said
act passed by the legislature of the
state of Idaho, and approved on tho
18th day of March, 1897, as aforesaid,
rs hs is advised and believes, in so
far as it pertains to practicing ply
sicians holding licenses under the law
existing In the state of Idaho prior to
the ratification of said act, is contrary
TO the provisions of the constitution
of the United states, and is beyond
the power of the legislature of Idaho
to enact, and is therefore null and void,
because it seeks to take away from
the citizens of Idaho ;heir property
without due process of law; that it
seeks to take away from alIiant $125
heretofore paid as aforesaid without
due process of law and without any
compensation therefor; that it at
tempts to take away a license to
practice medicine duly and legally
granted to afIiant by the state of Ida
no by its regularly enacted statutes,
and contraVenes the vested right of
atiant, and that the provisions of said
act are not within the police power
of the state of Idaho in so far as it
effects the affiant, and that the said
act passed aforesaid was not passed
and enacted according to the pro-
visions Of the constitution Of the state
Of Idaho, and is therefore null aud
void IN so Ear as It effects this sflant. "
Lewiston Tribune.