Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-04-11
EXAMINING BOARD
REIGNS SUPREME
SOLE JUDGES OF PHYSICIANS
FITNESS TO PRACTICE.
ACTION CAN'T BE REVIEWED
So Holds Judge Siebecker in the
CasweII Mandamus Proceedings
HiiIsboro Doctor Refused Registra-
ton and Many Prosecutions May
be menced-Oshkosh Case.
Madison, April 8.

Madison, April 8.
The state board of medical exam
liners has the right to determine
whether or not an applicant for regis
tration is a reputable practicing ply
sician and can upon it's findings either
issue or refuse to grant a certificate
to the applicant, and it's action cannot
be reviewed Or controlled by manda-
mus. Such is the purport of the de-
cision rendered yesterday by Judge
Siebecker in the mandamus proceed
ings of DR.. w. NJ. Caswell of Hillsboro
against the state board of medical eX-
aminers. This decision is Of great in
terest to physicians throughout the
state as it is understood that there
are many cases where doctors are
not registered and the board mas only
been waiting to get a judicial opinion
upon this question before commencing
prosecutions against such physicians
1t was some weeks ago that DR..
Casweu commenced these mandamus
proceedings to compel the board to
grant him a certificate Of registration
under chapter 81 of the laws Of 1899.
He alleged that he was a. reputable
resident physician of good moral
character engaged in the practice Of
the first day Of July, 1897; that he
made application to the state board
Of medical examiners for registration,
presenting the necessary proofs to
show that he was entitled to the GER
tifcate which the board, neglectful OF
its duty in the premises, refused to
grant him. The board, in it's return to
the alternative writ Of mandamus, set
up that it had duly considered the ap-
plicatfon Of the said Caswell for reg
istration and had made careful ex-
animation and investigation Of to his
rights to be registered and had found
and decided that he was not entitled
to registration. Attorney General
Hicks, representing the board, made
motion for Judgment quashing the
writ Of mandamus. The motion came
up for hearing before Judge Siebecker
in the circuit court yesterday morning,
and after full argument of the legal
points involved, the motion to quash
the writ was granted, the court hold
ing that the law gave the state board
of medical examiners the right to de-
termine whether an applicant for reg
istration was reputable resident ply
sician of good moral character en-
gagged in the practice OF medicine on
the first day Of July, 1897, and that,
when the board had acted upon an ap-
plication and refused to grant GER
tifcate of registration, its action was
final and could not be controlled or
reviewed by mandamus.
Oshkosh Waterworks Case.
An appeal to the United States SUI
preme court has been taken from the
decision of the Wisconsin state SUI
preme court in the case of the Oshkosh
Waterworks company against the city
Of Oshkosh, involving the contract for
hydrant rental between the city and
the company. 1t was claimed that
some amendments made to the city
charter impaired the contract, and the
city council refused to pay hydrant
rental amounting for one quarter to
s4,085. The circuit court decided the |
case in favor OF the city, and last Feb
ruary the state supreme court affirmed |
the decision, Justice Bardeen dissent
ing. Attorney Hooper for the water /,
works company has now taken an ap-