The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-16

Secretary ]. B. Brlmhall, of the state
board of medical examiners, and the
physicians of st. Paul generally are
pleased with the decision Of Judge Lewis
In the case of the state against w. r.
Gassoway, charged with practicing medi-
cine without. license. Gassoway was
held to the grand jury, and his attorney,
Hiram M. Simons endeavored to secure
his release on a writ Of habeas corpus
1t was in discharging the writ that the
court sustained the position of the state
board, which will now proceed with a.
number of prosecutions throughout the
state against unlicensed practitioners
Inc case was friendly one brought to
test certain points in the law about which
there had been some doubt. Since the
courts place construction on these
points favorable to the position of the
state board, DIR. Brimhall will at once be-
gin TO go after some of the men who
nave relt safe behind the affidavits which
the court says are no good.
ASSISTANT County Attorney Zollnan
prosecuted the case for the state. In 1899
the legislature passed an act limiting the
practice or medicine in the state of Mtnna-
sofa TO those holding diplomas or licenses
from the state board of health. persons
passing the board examination and those
persons who had practiced within tho
state Tor a period of five years prior to
the passage of the act. In 1887 the 1ae,s,o-
lure passed another act providing that
any person practicing medicine or snr-
gerry within the state without first having
obtained license from the stare hood
OF medical examiners should he deemed
guilty OF misdemeanor. Afterwards IN
10'o' thls was amended by the addition of
cause AIDING the words, or without
having MED with the secretary of sat6
BOARD an affidavit setting forth the time
OF PAGES where he or she has practical
meolclne within this state prior to the
passage of this law"
Inc question that came up" said AS
slstant County Attorney ZoIlman vestar-
day, was whether this amendment maan+
tnat the afttdavit should be filed, showing
tnat the applicant had practiced prior to
1901 OF 10 1885, when the amendment was
ADOPTED. 1t is a rule in law that law is
not retroactive unless so specially proyid-
ca. The law of 1887 was enforced until
1879; A man then practicing medicine
"!tnout license was guilty of violation
" law: Inc contention of the state was
tllat II the amendment meant prior TO
1879 the affidavit would have to be to the
erect that the maker had been violating
the law '1e
secretary Brimhall found himself nm
able to prosecute numerous violations ~
the law because the culprits merely made
aIloaVlt to the effect that they had been
practlclng medicine prior to 1895. With
me 4oea OF dehn1tely settling the point
test case was made in the instance of
w. l. GassoWay, a barber at the state
capitol, who prescribed for man. re-
celNed fee and then made affidavit that
ne had practiced medicine prior TO 1Sq5
On preliminary examination in the NUM-
c1paE court Gassoway was held to the
grand jury, and the far-reaching decision
OF Judge Lewis was delivered in discharg-
,lls d WITT OF haoeas, corpus, under which
he tried to recover his liberty.
In his decision Judge Lewis held that
a man could not become medical practf-
toner by making an affidavit to the effect
that he had violated the law. Said the
court: If this clause is to be construed
INDEPENDENTLY 1t leaves the board with
out power to pass on the qualification of
applicants for permission to practice med
lclne. The fact that a man has Illegally
practiced medicine at a former date does
not qualify him for admission The ap-
pIicant must file an affidavit disclosing
that he has practiced IN conformity with
the law. Furthermore, the mere fact of
the filing of an affidavit is not sufficient
1t must be sufficient affidavit In the
eyes of the state board
The decision is sweeping victory for
the board, and sustains its every conten-
ton. Personally I believe tn, matter
should be carried to the supreme court,
the court Of last resort However, 1 be-
lieve the members of the board think
they have sufficient authority to go ahead
with number Of prosecutions
Dr.. Brimhall says the board is satisfied
to go ahead under this decision. If any
man they get after wants to go to the
supreme court he can do so, but the board
thinks it would not change the result
The doctor has gone up into the northern
part OF. the state to begin some prosecu-
items.