The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-12-20
AN IMPORTANT DECISION
Judge Humphreys Sits upon the
Board Of Health Ring and Ac-
quits q Local Doctor

hO ibAlOWiub AbClblOu Dv III &t
Humphreys in DR.. w. S. Noblitt's
case is full OF interest to medicsl !
practitioners aud laymen alike. 1T
is consequently given iatull.
The defendant w. S, Nobitt WAS
indicted OF the November term, 1899
OF the Circuit Court OF tho Fist Cir !
cult, for practicing medicine con-
trary to law. On Dec. 4, 1899,
judicial day OF said term, stipul4.
ton for trial ia vacation, jury waiv.
ed, was fled by tho Attorney Gen
eral aud the defendant. Under that
stipulation the case was heard by
me at chambers On the Is OF Dec.
1900, The laws OF Hawaii provide
10 substance that no person shall
practice madeleine or surgery "a a
profession in the Hawaiian islsuds,
without having FIST obtained
license from the Minister OF the
Ioterior, and that trch license shall
only bs granted upon the written
recommendations OF the Board Of
Health, that no person sh. he re-
comm ended by the Board Of Health
for license to practice m Ad,cine or
surgery except upon the written IA
port of board OF medical e1amip-
era which ia authorized to examine
all applicants for such license. The
lava further provide that said boatd
nf med cal exam mars shall consist Of
3 licensed physicians or surgeons TO
bs appointed by the Minister OF the
Interior.
Provision ia also made for the re-
vocation Of license to practice
medicine and surgery by the Minis
ter OF the Interior vt any TINA for
profess onal misconduct, gross care.
l.ssu~ss or manifest incap 1rity, such
nisconducti raielessness or incapa-
city having been proven to 'hs salts.
faction % the Board Of Health AMI
hy that body repor cd in writing 20
said Minister.
The practice Of medicine and sur
gerry without having fist obtained
the license before referred TO is Ge
nouuced "a misdemeanor and j.
attended with severe penalty. /
will he observed that the right OF al
applicant to license depends upor
the report Of the board OF medlca
examiners, all OF whom are required
10 b. licensed physicians and sur
geons-lhst the right may be an
nulled by tho Minister Of the La
terior upon the report Of the BosrC
OF Health, independtu 81 the hoard
OF medical examiners, that ma jOr
ity Of the B ,ard OF Health are lay
meu (sectou S6S, Penal Laws 1897
1T may be ,rked 10 passing thN
tie law creating the Board OF HealtI
i but one OF the many illustration
to be found on our statute books 2
the settled policy OF hose who Gov
ksole1 thu destiuies Of the Il publ
OF Hawaii to center and make don
inaut AL governmental power an
authority in The Executive,
None OF the mem bers OF the Boar
q; n. llth are elected by the people
they are ell appointed by the Prs
ident and 10 preserve and maintai
tho power and Influence of the h
ecutive in this body-theoretical'
independents is provided that tb
Attorney General, who is also az
p,intei by the President, shall |
Ell oflisio a member OF the Is 'ard'
The evidence adduced in this cas-
Shows that on the 81 day OF Marct
A. y. 1898, the defendant obtaine
from the Minister OF the Interior
license 10 lhs manner required D
law upon the written Fesommand
ton OF the Board OF Hsaltn, ~
ebst said license was revoked
the Minister OF the Interior for b
professional misconduct, on the "a
dsy Of August. A, D. 1899, prove
to the satisfaction OF tha Board
Health, of hich the defendant IA
had notice; and that since tbs rev
oatian of his license as aforesaid VI