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


the Consideration of That Body.
Judge Lewis yesterday filed an order in
district court, denying the petition and
dischareins the writ of habeas corpus in
the case Of the state ex rel. w. T Gass-
away against John Wagner as sheriff
GassaWay. who was arrested and held to
the grand jury, on a charge of pracJicing
medicine without license, is a barber
at the state capitol, who formerly prac-
ticod medicine, aud his was made test
case by DR. j. b. Rrimhall secretary of
the state board of health.
In the accompanying memorandum
the court finds that Gassawav was not
licensed in June, 1893, and finds that the
matter involves the construction of the
law Of 1881, as amended by the laws OF
1879. The earliest legislation was in 1888,
which required all persons (save those
who had been in practice five years prior
10 The passage Of the acD to procure from
the board of medical examiners a certif-
cate licensing them to practice, which
certificate issued only upon the presenta-
ton of proper diplomas or licenses or
upon satisfactory examination of the APP
phcant by the board. The court pro-
ceeds.
The 1887 legislature provided the board
of medical examiners and allowed to
practice only such persons as might be
entitled To a license upon examination,
thus barring admission to the profession
except upon examination. The law of
1856 provided that the applicant must get
license from the board Or file with the
board an affidavit setting enrth the times
and places in which he has practiced
medicine within The state prior 10 the
passage of this law. But any person
pracucing since 1881 may be licensed to
practice by submitting u the board Il
satisfactory diploma or by passing an
examination.
1t appears in the case that relator has
no diploma and has never taken an ex-
animation before the board. He is nei-
Their consulting physician nor a sur
g5on IN tie army or navy. In June, 1899,
he filed with the board an affidavit to the
effect that he had practiced medicine in
the state during the month of March,
1884, for the purpose OF qualifying him
self as pracjiciDg physician. There
after he practiced medicine within the
generally accepted use and meaning of
the term. Was such practice of medicine
by relatOr unlawful?
If the clause in the act Of 1895 is To be
construed independently of the intent ana
purpose expressed in the entire act. then
the board is without power to pass upon
the qualif cations of any person filing an
affidavit showing practice by him IN the
state prior to he passage of the act in
April, 1885. This position IS untenable.
The fact chat relator Illegally practiced
medicine In this state at d former date
cannot be made a qualification emitting
him to admission to practice now. Again,
the affidavit must be = sufficient affidavit.
filed for the inspection and approval Of
the board Of medical examiners ANY
other construction renders nugatory the
entire legislation on the subject
1t appears in this case that relator
practiced medicine in the state one
month, ending March 81, 1885; since that
date he has never attempted to practice
medicine until after The fling of the af-
fid&vit in June, 1890 a period of more
than four years.
H. view of the brief period Of his prac-
tce, some thirty days, and SO long a
N-ANA Ne'AOSi' L4SdAAy lOuE ana one
third Years, the inference is CONVINCING,
mat relator had abandoned his practice
ana profession after March. 1885. and
upon starting again s. long thereafter
and more than four years after the pas
sage of the law of 1885, he must be held
To be a beginner ANA must submit to an
examination arG secure a licenss from
the beard Of medical examiners. In the
absence of such license. the reIator must
pe hela TO be disqualified from the prac-
tce Of medicine in The state. .rha w,.it
y discharged