The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-15
MANY ARE UNLICENSED
STATE MEDICAL BOARD WILL DEAL
WITH 200 PHYSICIANS.
The Crusade Against OsteOpaths-A
Brief in the De-
troit Case.

The State Board of Medical Examination
and Registration, which will convene next
Tuesday, will have to consider the cases of
about two hundred physicians who are at
present practcing without authority in IN
diana. Not all of them. however, are
'quacks." many reputable physicians
have neglected to take out licenses and are
thereby breaking the laws. There are, how
ever, upward of fifty physicians in the State
who are daily rendering themselves liable
to arrest and Imprisonment for practicing
without license. These men are those who
are not able to pass a satisfactory medical
examination and are not graduates of any
medical college of repute. Some of these
claim to have some rights under the law,
and will take issue with the state board
in it's efforts to prevent them from practic-
irg in Indiana
The osteopaths in every city in the State,
with the exception of Indianapolis, have
been prevented from practicng. AS nearly
as can be learned, their treatment embraces
largely the practice of massage and other
modern innovations. The one representative
of the theory in this city has so far de-
feated all efforts of the board to drive him
from his practice, although the courts of
Tippecanoe and Allen counties have decided
that the science" is illegitimate practice,
and that the practitioners, in following it,
are guilty of a violation of the state laws.
Two convictions have followed under these
rulings, but as yet the local practitioner has
not been touched. So strong is he in the
assertion of his rights that he has combined
with others of his kind, notably with the
originator Of the science. who is located in
Kirksville, Mo-, and will present a bill to
the coming Legislature asking that osteop-
athy be legalized in this State.
The state board therefore, while gather
ing all the evidence it can about the prac-
titioner of osteopathy in this city, is dis
posed to allow him full freedom in prepar-
ing his bill for the Legislature, and as soon
as it is filed. it is thought, there will be
little difficulty in defeating it, as has been
done in every State but one in which it has
been practiced. The board will then pro-
coed against all who practice the science.
Under the law all unlicensed physicians
no matter how competent, are debarred
from collecting any bill for services by any
process of law, and steps will be taken to
bring this fact to the attention of the pub
lie at large, which has in many cases been
frightened into paying enormous sums to
quacks who have no standing whatever in
law.
A recent action by the board is apparently
destined to unravel what has up to this time
been a knotty point of law in this State
The Indiana law holds that it is not pos
sible for a physician who is not a resident
of the State to secure license to practice
in this State The law is combated by Harry
5. KiSkadden a graduate of the College OF
Physicians and Surgeons of Chicago. a rep
utable institution. DR.. Kiskadden is resi-
dent of Detroit, Mich, and makes periodical
visits to Huntington, where, for about ten
years, he has carried on practice. Re-
Gently, in applying for a license he affirmed
that he was q resident of Indiana. which
statement was vouched for by two reputable
citizens of Huntington. 1t being shown
that he was not a resident of this state the
medical board decided to revoke his license,
but Dr. Kiskadden appealed to the courts
to prevent the board from doing so. DIR. Kis-
kadden claims that he has a large and lu-
crative practice in Huntington, which the
action of the board will virtually Kill. He
alleges that the board is discriminating
against him and attempting to aeny him the
privileges which are vested by right in eV-
cry citizen of the United States, which is a
violation of the federal Constitution.
ATTORNEY GENERALS BRIEF.
In a brief drawn up yesterday by Attor-
ney General Ketcham it is held that the
Indiana statute touching ON the subject
did not intend the licensing of others
than residents of the State of Indiana to
practice medicine. This construction can
not be followed, of course, if it would make
the act unconstitutional, as it will not be
contended that the General Assembly would
deliberately pass an unconstitutional law
IF, on the other hand, il would not make the
act unconstitutional, and is the more rea-
sonable construction, 1t Is the one which
must be followed by the courts.
IF the Legislature saw fit to prohibit the
opening of an office for the practice of
medicine in this State by nonresident ply
sicians. even though licensed by the laws of
their own State, it had undoubted right in
the exercise of the police power, to do So"
says the brief. If the Legislature thought
that it was to the better conservation of
public good that physicians practicing in
the State should be residents of the State
where, in case of criminal malpractice the
State could readily lay hands upon them
through the officers of the law; or, in case
of ordinary malpractice, service of process
could be had upon them in suits instituted
made to respond in damages in the courts
of the State, it had the undoubted right to
prohibit residents of other States from OPEN
ing offices in Indiana. 1t has enacted this
law, which clearly and explicitly forbids
to nonresidents the privilege of opening Off
ces in Indiana 1t has not made any pro-
vision .whatever. for granting licenses to
nonresidents of Indiana. If DIR. Kiskadden,
while residing in Detroit, had no right to
open an office in Indiana-as he had not
under this Law, he IS now a confessed VIC
lator of the laws of the State that fact
appearing upon the face of his bill. If he
had no right to a license from this board,
the board clearly had a right to proceed
with an investigation, which might result
no right to tie the hands of justice with
an injunction restraining interference with
his Illegal practices, by the enforcement
of the laws of the State. He has come into
equity with unclean hands, and has sought
to enforce, and is asserting as a right,
privilege which the laws of the State ex-
court of equity will in good conscience
grant to him the relief that he seeks.