The Pacific commercial advertiser., 1900-12-20
Or, NOBL|TT
NOT GUILTY.
Circuit Judge Finds No
law to Convict.
WILL ACQU|T HIM AGAIN
Revocation Of License Not a Bar
to His Practicing
Medicine.

practicing medicine without a license"
'nasmuch as there was no penalty pre-
scribed In the Penal Code by which DIR.
Nobiitt could be prosecuted and con-
victed.
There Is peculiarity in the laws sur
rounding the practice Of medicine In
Hawaii and the penalties attached for
noncompliance with the statutes. The
decision of the Circuit Judge hinges al
most entirely on a clause which pro-
vides that no one shall practice medi-
cine without FIRST having obtained a
license. In the case of DIR. Noblitt ne
was passed upon by an examining
board Of the Health Department and a
Recommendation made that ne be
granted license to practice. He then
obtained his license and practiced his
profession. until the Board took action
In his case and recommended by a
resolution to the Minister Of the Inte-
riOr under the Republic Of Hawaii,
that the license be revoked because of
alleged unprofessional conduct on the
part of Dr. Noblitt.
After being prosecuted In the lower
court for practicins medicine without
n license which the doctor clearly did
not possess after its revocation, a re-
cent case was appealed 10 the Circuit
Court. The law. providing that no one
shall practice medicine without FIRST
obtaining license provides no pun
ishment for violations thereof. and the
term having first obtained" reverts
back to the original issuance OF a IL
cense. Hence the decision Of the Cir
cult Judge.
The decision In fun Is as follows:
The defendant w. =. Noblitt was in
Idicted at the November term. A. ID.
1893. OF the Circuit Court of the First
Circuit. for practicing medicine con-
|ltrary to law. on December 4th, 1899,
IA judicial day OF said term. a stipula-
Ition for trial In vacation. jury waived.
was filed by the Attorney General and
the defendant. Under that stipulation
the case was heard by me at chambers
on the 18th day of December. A. ID. 1900.
THE laws OF Hawaii provide in sub
| stance that no person shall practice
medicine or surgery as n profession In
the Hawaiian Islands, without having
lhrst obtained a license from the Minis
\ ter OF the Interior. and that such IL
: cense shall only be granted upon the
a written recommendation OF the Board
of Health. that no person shall be rec
commended by the Board OF Health for
La license to practice medicine OF sur
lEery except upon the written report OF
IN board OF medical examiners which Is
lauthorized TO examine all applicants
lfor such license. The laws further pro-
vide that said board of medical exam
iners shall consist OF three licensed
physicians or surgeons To be appointed
by the Minister OF the Interior. Pro
vision is also made for the revocation
- a license to practice medicine and
surgery by the Minister of the Interiol
at any time for professional miscon
ldrct. gross carelcssness or manifest in
capacity. such misconduct. carelesnes
on incapacity having been proven to th'
satisfaction OF the Board Of Health anC
h. that body reported In writing 4
said Minister The practice Of medi
cine and surgery without having frs
obtained the license before referred L
~ denounced as n misdemeanor and 1
attended with n severe penalty. II will
be observed that the right OF an appli
cant to n license depends upon the re
!. port of the board OF medical examiners
~ all OF whom are required to be license'
%. physicians and surgeons-that tn
right may be- annulled by the Ministe
of the Interior upon the report of tn
Tioard OF Health. independent OF tn
board Of medical examiners. that
ma iority Of the Board of Health ar
laymen (section sss. Peral Laws. 1897
III UlMl % ItTUiIktu lf DtSrlDk INA
the law creating the Board Of Healt
n but one OF the many Illustrations Z
be found on our statute books Of IN
settled policy Of those who controlle
the destinies Of the Republic OF Hawa
To center and make dominant all gov
II lernmental power and authority In IN
|ll Executive. None of the members
w the Beard are elected by the people
they are all appointed by the Presider
and TO preserve and maintain the pow
-
~ this body-theoreticaliy independent
10 IL provided that the Attorney Genei
al. who T. also appointed by the Pres
. dent. shall be ex officio n member
the Board.
The evidence adduced In this cas
shows that on the "a day OF March.
~. 1898. the defendant obtained fro
the Minister OF the Interior n license
the manner required by law upon n
written recommendation Of the Boar
~ Health. and that said license Va
revoked by the Minister OF the Interi,
for his professional misconduct, on Il
gath day OF August. a. ID. 1899. prove
ne to the satisfaction OF the Board
ns. Heath. OF which the defendant had NJ
Lrd tlce and that since the revocation
his license "a aforesaid the defendal
has been engaged In the practice
medicine as n profession. While u
conclusion reached by the Board
RE aith as to the case OF this defendal
cannot be attacked collaterally. y
Ithe evidence offered by the prosecutio
not objected 90 by the defendant, al
heard By the Court is a legitimate M
\ Iproper subject of comment. That ev
" dence clearly shows that the prosec
y Ition OF this defendant before the Boa
,ch LOT Health was inaugurated up
.xa charges preferred against him by q
Marshal of the Republic OF Hawaii
his official capacity; that the Marsh
is n subordinate of the Attorney &c
erai and under his direction and co
trol The Attorney General at tn
'rs. time was ex officlo n member OF. al
President Of the Board OF Health. ]
presided over the session Of the Boa
N AZ which Judgment was passed up
We the defendant: he denied him an exec
'tion TO his ruling and finally. while st
In the chair made sn argument In su