The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-09-16
ARE LAWS SUFFICIENT ?
Should Healer" be Prosecuted For
Practising Without License?
WAS THE NEWBERN CASE A CRIME E?
Views Of Drs. Richards H. Lewis, Julian M.
Baker and Or. James Mckee. The
Matter One Of Great Interest
TO All the People.


year old boy died of malarial fever. The
coroner's jury gave as their verdict that
the boy came to his death as "the re-
suit of improper treatment and neglect"
He had no medical attendance. but was
in the care of a Christian Science healer.
She gave him no nourishment or medicins,
er find from the evidence that the child
in all probability would have recovered
if he had had proper medical treatment"
In view of the horror of this DEATH q
letter was addressed by the News and
Observer to a few prominent physicians
asking for their opinion as to what
should the State do?" Only three. answers
have been received. They are as follows:
VIEWS OF DR.. p. H. LEWIS.
To the Editor: Your note calling my at
tention to the article in reference to the
death of the boy in Newborn under Chris
tian Science Treatment" and asking 'Is
there no law with reference to it, il not
what can be done?" is received.
Occupying the official position of secre-
tary of the State Board of Health whose
duty under the law it is to use every eff
fort to protect the people of the State
against disease, and death, l feel that it
is perhaps peculiarly incumbent upon me
to discuss the matter for the benefit of the
public.
1t is unnecessary to say that one OF the
serious dangers to the public health is the
practice of medicine by incompetents. The
State has attempted to remove that dan
ger as far as possible by the enactment
of laws regulating the practice of medi-
cine within its borders. No one can
legally practice medicine in North Caro-
lima without q license from the State
Board of Medical Examiners. and no one
can apply for a license without exhibiting
a diploma from a medical college in good
standing requiring an attendance of not
less than three years and furnishing
clinical instruction satisfactory to the
board. AS the standard established by the
board is very high one, so per cent. it
is plain that those who propose to heal
the diseases of our people-if they call
themselves physicians-must very thor
oughly prepare themselves: by years of
study, and earnest study of the structure
of the human body, anatomy; OF the
function of it's various organs physiology,
of departures from the normal, which con-
stitute disease, pathology; of the best
methods by drugs or other agencies, or
electricity, for example, acting through
the circulation or nervous system, practice
of medicine; of special methods involving
the use of the knife or mechanical appli-
anceS, surgery, ETC., etc. But 1t seems
that those, no matter how ignorant or I'M
principled they may be, who set them
selves I'D to cure disease by any method
which does not involve the administration
of drugs or the use of surgical procedures
are not required to know anything what
ever about the structure and functions or
the body nor of the nature and history or
disease, rs set forth in the writings of
some OF the worlds ableSt men after q
life-tim of study and experiences, hut are
permitted to assume the responsibilities
of life and death. without let or hind
rance The result of this is seen in the
sacrifice Of the life of the boy referred
to in the article you mention. II there
is one disease more than another durable
by drugs it is malarial fever. Quinne
is universally regarded as specific for 1t
and any physician failing to use quinlne
except where contra indicated by lido
syncrocies of the patient, would, in case
of death be liable in a suit for malprac-
tice. And why should not the Christian
scientist be equally liable, not only for
malpractice but to prosecution for prac-
ticing medicine without a license? What
action would be against the father OF the
child. | am not lawyer enough to say, but
he must have been either criminally neg
Iieent or the victim of a delusion and in
so far insane-aDt subject therefore for
either the penitentiary or the insane asy-
1um.
The whole question hinges on the legal
meaning of physician and of practice
of medicine" In State VS.. Van Doran
from Tyrrell our Supreme court held that
ii was not necessary to administer drugs
to constitute the practice of medicine. but
that il was sufficient for one to hold him.
self out to the public as physician But
who is a physician? According to the
Century Dictionary it is zone who prac-
tices the art of healing disease and OF
preserving health; prescriber OF RENE
dies for sickness and disease; specifically
n person licensed by some competent au-
thority. such as a medical college, to
treat ulS6dS6 plCoSA lpC hSiiASN'ANN
them; a doctor: a medical man" Since
the competent authority to license IN
North Carolina is it's own Board of Medi-
cal Examiners no one is legally a physi-
clan in the specific meaning of the word
who has not it's license. while under the
general meaning the Christian scientist,
faith, healer, asteopathist, ct id omne
genus would be a physician. So that it
appears that any one. whether having a
diploma or not "who practices the art of
healing disease, ETC., would be a violator
of the law.
What is "medicine?" According to the
same authority it is among other things
something which is supposed to possess |
curative, supernatural, or mysterious pow
err" The spirit of the law it seems to me
is plain enough. but what the technical
Interpretation by the court might be, l am