The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-12-20

4
tho M4rshal Of the Republic OF Ht
wall in his Official capacity, that th4
Mlrahal is subordinate OF tina At.
tornay Gansral and N Ter his di
recCiou and control The Attorney
General at that tina was tx otijio
a member %, and President OF the
Board of Health. He prasiled over
the session OF the Board at which
judgment wss passed upoa the de.
fendaut; be- deniA1 him al excep-
ton to his ruling and finally, while
stil 10 the chair mAdA an argument
in support of the charges. In hear
ing and determining tho charge pre-
ferred against the defendant, the
Attorney General, as member ex
otficio aud president OF the Board,
acted in quasi Judicial capacity,
as did all OF the other members OF,
the Board, calling FOR the exercise
of caudid and impartial Judgment
aud sound legal discretion.
State ex rel Hathaway We. Sta q
Board OF Health, 1903 Mo. % %.
To ait in Judgment upsn the
right OF one to practice a vocal ion
WHICH is the source OF support for
himself and for which he has quail
fad himself by education, study, ob
servatiou and exp riment, and to
bumiliate and degrade him in the
estimAtion Of the community by
abrogatinz that right, is RESPONSE
bilty which ought not to be as.
sumed by one who may-even
though he does not direct and con-
troll the prosecution. Where a
senss Of common fairness does not
,ell rs what is right, the law at
least thould tell us what is wrong
and telling us prohibit it.
The law provides penalty fo'
prarticinY medicine or surgery
"sithout having first obtained" 4
cense IA provided by the statute
Practicing medic ma after tbe revo
cation of the license is not de
nouuced nor is there any peualty
tach-d to il. 1t is true, as re
marked by Judge Bartlett in Col
lister vs. False t, 1863 n. Y. 2Sl, thai
mo case has brother" yet the cas-
OF Elk psrte McNulty, n Cal. l6i, i
as much ke the case at bar, both a
to the facts and the law unde
which it was sought to sustain h
, conviction, as it is possible for twt
cases arising III different jurisdic
lions to be-. In that case, McNult.
obtained the requisite license 10
the practice OF medicine ia iheStat
OF California, which license was sui
4 ,eqnently revoked for uuprotessiou
al condnct. He continued to praC
tioe his profession after the reVooa
ton OF his Incense aud upon bein
:, convicted and sen enced in tn
!, superior Court OF the City An
County OF San Francisco obtaine
u, MS discharge III the Suprsnie Cur
II California on habsas corpus, III
Court holdings van judges on tn
oeuch, Que diss~htinR-that as tn
! statute ouly made it al oEouse
practice "wlthout having first pro
= cured" certificate, aud provide
no penalty for practiciug alter Ia
revocation OF the certificate, such
conviction could not be held.
< 1t was argued that the case {
" This defendant was clsariy With
,r the mischiefs intended to be pr
y hibited by the Legislature. | al
10 iucliued to think so, too; but ca
not iud this defendant guilty Of
10 crime by construction, The statuI
!. under which this prosecution
4 based Ia pensi-~hIghly penal in i
a provisions. 1t provided for heay
), tue, and logically results In iorev'
, prohibiting the d iendant fro
ID praoticng profession to which /
" hss wsdasd many OF the best yea
ia OF his career. That sIeh statnt,
IN are to be construed strictly again
an an offender and Literally in his ia
Of ar ia pEoposllion which ! hsl