Evening star., 1899-01-30
PROF. DExTER'S oFFENSE
Held to Have Violated Law Governing
Practice of Medicine.
Court Imposes a Fine of Fifty Dollars
An Appeal Probable
Text of Decision.

| The case of Prof. Albert J. Dexter, the
| magnetic healer, charged with practicing
medicine without license. was decided by
| Judge Scott today. Considerable interest
! was manifested in the outcome of the prose-
| cution, because of the questions of import
| ance involved The judge held that the de-
| fendant's treatment of the cases came with
| in the meaning of the law. A fine of $50
was imposed, and Major ODriscoll, counsel
| for the defendant, gave notice that he
| would take the case to the Court of APP
| peals. Later bond was given for that pur-
| pose.
| Judge Scott. in disposing of the case. said:
| This is the case of the United States
| against Albert j. Dexter charged With prac-
ticing medicine without first having OBJ
! tanned license therefor. The case was
| heard and the testimony all presented for
| both sides last Thursday. Testimony of
the government by witnesses, and other
| wise, indicated that Albert ]. Dexter. under
| the name of Prof Dexter. was administer
| ing cures in the District of Columbia by
/ treatment which was, as charged contrary
| to the regulations, he not having provided
himself with a license therefor. The man.
| ner and method of becoming a legal prac-
! dtioner in the District is quite extensive,
| and | 60 not intend to go over 1t at all, ex-
| cept to state that board of medical SUI
|
| board there is board OF medical eXamin-
| ers appointed, including three different
| classes of physicfans-the alopathIc, the
homeopathic and the eclectic; and so that,
| SO far as that is concerned the District of
| Columbia has made provision for all classes
| that are recognized as regular physicians,
rather more liberal than In some other
localities, am glad to say. Therefore he
| VINO practices medicine without having
complied with the regulations prescribed In
the statutes is liable to be brought into
this 1fart 7
MS office, In the city of Washington Dis
trlct of Columbia, brought out by testi-
! mony. cure, and hold nimae,t out as ready
10 cure, patients that might apply and
| charged fee theresfor. The evidence indI-
| Gated that he has practiced there for some
| time and has Performed cures. He adver-
| tises as such both in his office and from a
| distance, being ready to receive cases by
correspondence That was the testimony of
the government.
Prof. Dexter's Testimony
Prof. Dexter, on the stand, says that he
| does there perform cures, not as a doctor
| but as Prof Dexter; he advertises as such
and signs as Prof. Dexter; that he is not
physician that he does not believe in
| the administering of medicines as usually
practiced by the profession, and therefore
pursues the course he does for the cure.
remedy or relief of patients The remedy
| that he does apply is that of nfanipula-
uon Of the hand, usually known as mas
sage, and also we find from the evidence
that he uses electricity by the application,
through an electrical battery, through the
hands of himself, and that pa ssing through
the patient. In that way he claims he has
the right to practice, and therefore he
ought not to be required to get a license.
THE whole question then is, does he in
the manner of treating disease violate the
law, he not having a license therefor. and
1t being admitted that he has not There
were several cases cited bearing upon this
question. l found a great many cases In
the statute which have there are sev-
eral exceptions neutrality-suspicious. and sur
geonS who are connected with the United
States army, navy or marine corps may
do so: physician who is here In the city
on special case may do so, or one who is
called here in consultation may practice to
that extent In special case, without OBJ
tanning license; also those who use the
Swedish massage. Those are the only ex-
ceptiOns. If the professor had confined
himself to any of them he would not have
been liable to the court. According to the
evidence he did practice contrary to the
law: l understand that the practice of
medicine consists in using the usual or or
dinary methods regularly practiced. a
practitioner of law is one who uses the
usual methods of practicing lawyer. l
perhaps to be clear upon that question,
should read the definition of the practice
of medicine which l get from one of the
best law dictionaries. 1t is as follows:
The practioe-o of medicine includes the
application of medicines and drugs for the
purpose Of curing, mitigating or allevlat-
ing bodily disease
Now, it was contended by the defend
ants attorney that IN order to practice
remedies prescribed, specially indicating
that some substance should be used 1
take 1t that perhaps some twenty years
ago, that might have been exactly correct
and accurate, but in the advance of the
medical profession and the sciences, those
who practice are reaching out for any
remedy which may come In sight, and
properly so. There are remedies now ap-
piled that perhaps would not come under
that do not know. 1t would be a ques-
ton to determine which l am not called
upon to inquire into. This practice was
proved to be such restored the
persons who were his patients; that they
went regularly to his office and received
this treatment. and that it success.
The successful part of that. as l under
stand from the defendant, was the appli-
cation of electricity to the patient The
application of electricity is one of the most
common applications now used in the medi-
cal profession. There is scarcely a ply
sician of any note, but who does use apply
and accept such a curative process, a
process which will result in benefit in re-
storing, or curing, or alieviating pain. It
is one of the most common practices 1t
is almost as common as the of calu-
mel was fifty years ago, and therefore, 1t
is applied now universally to the curing
of patients, and successfully so. That
being the case. the statute under which a
physician Is entitled to practice In this
District specially sets forth. as ] remember
1t. these exceptions, to which I have allud-
ed. want to read them.
The Exceptions.
g This shall not apply to commissioned
surgeons of the United States army, navy
or marine hospital service, nor to regularly
licensed physicians and surgeons in actual
consultation from other states or territor-
les, nor to regularly licensed physicians and
| surgeons actually called from other states
| or territories to attend specified cases in
the District of Columbia, nor to the treat
n1ent of any case of actual emergency, nor
| to the practice of massage or the so-called
Swedish movement cure nor to the
| of ordinary domestic remedies without fee
| gift or consideration of any kind
1T occurs to me, therefore. that the ex-
| ceptions being specifically set FORTH and
electricity not being made exception and
being used in the common practice of medi-
! cine, that that section controls and governs
| the whole case. The construction of that is
| that any one who uses electricity in his
practice or appliances used for administer
| ing it does come within the province of
what should be practicing physician, and
| if so, he should have a license in the Dis
! trct of Columbia before engaging In prac-
| in nv Judgment the de-