The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-12-20
NOBLIH MAY PRACTICE
CIRCUIT COURT RULES IN HIS
FAVOR.
License or no License He is a Qualified
Physician and the Court VIII Protect
Him-Decision.

y
noon signed a decision i'm favor of DR..
w. $. Noblitt, dscharging defendant
and declaring that if again prosecuted
the court would feel it to be its duty to
again discharge him upon due process.
DR.. NOblitt is permitted to resume
practice and is guaranteed the protec-
ton of the court against the charge of
practicing without having first OBJ
tanned a license"
The court pointed out that Dr. Noblitt
had been issued a license in the regular
way and that the same had been re-
voked The decision is too long for re-
view here. but the following extracts
give a clear idea of the main point at
issue and the opinion of the court con-
corning it:
The law provides a penalty for
practicing medicine or surgery, with
out having first obtained" a license as
provided by the statute. Practicing
medicine after the revocation of the
license is not denounced nor is there
any penalty to it,"
- 1T was argued that the case of
this defendant was clearly within the
misChiefs intended to be prohibited by
the Legislature. | am inclined to think
SO, too: but l can not find this defen-
dant guilty of a crime by construction.
The statute under which this proseCu-
ton is based is penal-highly penal in
its provisions. 1t provides for a heavy
fine, and logically results in forever
prohibiting the defendant from practi-
cling a profession to which he has we'd
ded many of the best years of his
career"
- THE Attorney General evidently
realized the difficulties presented by
this case for in drawing the indictment
| he did not follow the language of the
statute and charge the defendant with
having practiced medicine without
having first obtained" a license but he
charges him with practicing medicine
without having a license so to do"
whereas there is no such offense Great
ed by the laws of Hawaii.
Il find that there is no law authoriz-
| ing the conviction of the defendant in
this case and it will be my duty when
and so often as he is prosecuted under
a similar state of facts, to discharge
him by the appropriate process of the
Court"
In the body of the decision the court
| finds occasion to critiCise the laws gov
erning the Board of Health and also the
| attitude, or rather the position, of the
! former Attorney in the matter.
He says:
1T may be remarked in passing that
the law creating the Board of Health
is but one of the many Illustrations to
be found on our statute books of the
settled policy of those who controlled
the de3tinies of the Republic of Hawaii
to center and make dominant all gov
ernmental power and authority in the
Executive None of the members of
the Board are elected by the people;
they are all appointed by the President
and to preserve and maintain the pow
er and influence of the Executive in
this body-theoretically independent
| it is provided that the Attorney Gener-
al, who is also appointed by the Presi-
dent shall be eX officio member of
the Board.
And the following:
While the conclusion reached by the
Board of Health as to the case of this
| defendant cannot be attacked collate-
| rally, yet the evidence offered by the
prosecution not objected to by the de-
| PENDANT, and heard by the Court is a
legitimate and proper subject of COM
ment. That evidence clearly shows that
| the prosecution Of this defendant before
the Board of Health was inaugurated
upon charges preferred against him by
the Marshal of the Republic of Hawaii
! in his official capacity; that the Mar
! shall is subordinate of the Attorney
| General and under his direction and
| control. The Attorney General at that
| time was eX OfficiO a member of, and
! President of the Board of Health. He
| presided over the session of the Board
/ at which judgment was passed upon
me ueleHudnl, ne denleu MN an e&cep-
| ton to his ruling and finally, while still
| in the chair made an argument in sup
| port OF the charges. In hearing and
| determining the charges preferred
against the defendant, the Attorney
General, as a member ex officio and
president of the Board, acted in a qua
81 judicial capacity as did all of the
other members of the Board calling
for the exercise of candid and impair
| tial Judgment and sound legal discre-
| ton"
DR.. Noblitt stated yesterday after
noon that he would resume practice at
once. He is living in Kalihi, and a
short time a go the people of that sec
| ton got up a petition for the restora-
! ton of his license, but it was turned
down by the Board of Health.