The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-06
AGAINST THE OSTEOPATHISTS
JUDGE RoLAPP'S DECISION IN
THE HARTFORD CASE.
Finds the Defendant Guilty of Prac-
ticing Medicine Without a Lii
cense-case Will Be Appealed.

The decision of Judge Rolapp yester
day in the case of the state VS. William
Hartford was against the defendant
This case has aroused widespread in
terest amongst nearly all classes o.
people, and the interest has not beer
confined TO Utah, papers in other state:
having paid considerable attention tc
the trial during its progress. The ac-
ton was regarded as being the incep-
ton of a movement to have osteopathy
recognized in Utah as a regular school
OF practitioners of the healing art The
case will go to the supreme court
After 'reciting the statutes governing
the practice of medicine, the court
says:
THE defendant admits having man
ipulated with his hands upon persons
for physical ailments, for a fee, and
without a license; but insists that mas
much as he uses no medicine or sur
gical instruments, or any other agencies
except his naked hands, that he does
not come within the prohibited class
named in the statute. He does not hold
himself out as a DOCTOR physician or
surgeon, but denominates himself a Clip
lomat of oSteOpathy. He further in
sists that his science does not belong
to any recognized school of medicine;
or, if il does. that the present state
board of medical examiners is not le-
gaIly constituted, it being admitted that
no osteopathist is a member of such
boerd-while section 1.72S of the revised
statutes provides that said board shall
consist of seven members, who shall
be representatives of the various rec
ognized schools of medicine
The latter point. I apprehend, cannot
be determined in this case. The whole
inquiry then, recurS as to whether the
defendant is practicing medicine within
the meaning of the act"
The decision goes on to say that the
Statutes of Utah provide that ANY per-
son shall be regarded as practicing
medicine who shall treat,
operate upon or prescribe for any phys
zeal ailment Of another for a fee" The
word treat" as defined by Webster. in
this connection, is synonymous with
manipulate or handling, mode or man
ner of checking and destroying disease"
That is exactly what the testimony in
this case shows the defendant did; and
the legislature must have intended that
the word thus used by them should
have some significance. and be used in
connection with ailments" There is no
suggestion in the section that the word
treat" referred to treating with medi-
cine, or with any other specific agencies
of a similar kind. If such treatment
was done by the naked hands and for
the purpose OF curing ailments o. an
other, and was done for a fee, il seems
to come logically within the intention
of the statute, which defines such 4
treatment, handling or manipulation, as
practicing medicine. That the action is
sweeping, / admit; but the power of
the legislature to thus enact is undoubt-
eddy possessed.
The court quotes from the decisions of
an Illinois case, Eastman VS.. The Peo- /
pie, which, among other things, says: /
1T is urged on behalf of the appel |
liant that this provision must receive a |
reasonable Interpretation, and to treat |
implies the use of medicines or drugs /
of some sort. This is not so. neces- /
sarily Many of the minor operations |
are effected without the use of instru-
nlents, by mere pressure, extension and |
Ticking This, of course, implies some |
Knowledge of anatomy, and some skill. !
1t Is said by counsel that IL the statute
reaches this case, it must include treat
inent by Turkish baths, massage and
the like We think not. The evidence
shows that appellant claimed to be
competent to treat ard cure numerous
diseases. He represented himself as a
graduate of the new school OF este
CpatEy, and qualified TO examine and
treat all who might seek his aid. Here
in he differs from those who give TURF
ish baths, massage and the like. he
Processes to be able to diagnose and
advise in respect to a long list of dis
eases, and TO furnish discriminating
ard efficient treatment TO those who
may come to him: and while he may
rely wholly upon manipulation. etc,
yet he processes to have skill and Judg-
ment in these methods so as properly
TO adapt the treat ment to each case,
giving il what is appropriate in
amount and with repetition at such
times and TO such extent as may be
dictated by his knowledge and eXper-
fence. b. his skill in the use of his
peculiar remedy or methods, he claims
to be competent to relieve and cure
various ailments, and therefore he in
Vites patronage.
Medicine is the art of understanding
diseases and curing or relieving
them when possible. It is that branch
of physics which relates to the heal
ing oc diseases. This art is not re-
stricted to any particular methods or
remedies. These are innumerable, con-
sidering what are used and have been
discarded. We are of opinion the proofs
bring appellant within the act, and that
he IS liF,nle TO the penalty imposed for s
prscticing medicine without a license I
Il think the same reasoning applies
in the case at bar.
OSTEOPATHY DID GOOD. !
"a number of other questions were
raised at the trlal DuI consider IL ,
wholly immaterial whether the legisla-
ture. OF Missouri has declared este
pa,thy not TO be the practice of medi- :
cine. because that does not bind our :
Nor can l consider where :
the benefit the defendant may have
been TO the citizens of this community :
(which fact ! do not doubt. or that the
medical fraternity are the instigators !
of this prosecution. The legislature is
H. proper tribunal that should be ap-
peaLed to in permitting the engaging in
any science or art that viii be of bene-
it 10 humanity: but until they do, or :
while :hey have specifically enacted :
avs TO the con rary, 1 am simply !
,alicC upon to interpret the law as l :
ind il: and l can come TO no other con- T
,lusion than that the treatment or ma .
,ipu.atson engaged in by the defendant :
-eQuires him TO take out q license. =
Having failed to do so, he has violated .
he statute. / must. therefore, find the Il
defendant guilty as charged :,