The Leon reporter., 1902-02-13
osTEoPATHs WIN SUIT.
STATE BOARD OF HEALTH MUST
RECOGNIZE THEM.
Not in Province OF Board to Establish
Requirements Of osteopaths Not

Provided by Statute.
Des Moines, Feb. 10.-Judge Holmes
of the district court, in the case of C.
L.. Parsons VS.. the state board of med
ical examiners, handed down an
opinion in which he held that the
plaintiff was entitled to writ of man
oamus directing the defendant to is
sue q certificate permitting him to
practice osteopathy in this state.
Plaintiff brought the suit as a test
case for the Still college of this city,
to whose graduates the board had re-
fused to issue certificates. claiming
that it was not UP to the standard re-
quired by the board.
The court finds that the refusal of
the board to issue the plaintiff GER
tificate was based upon the fact that
the board had adopted on December
20, 1898, a schedule of minimum re-
quirements for schools of osteopathy
and that this was in conflict with
chapter So of the acts Of the Twenty
seventh general assembly regulating
the practice of osteopathy in Iowa, in
asmuch as the general assembly had
therein provided what the require
ments should be and it was only left
for the board to determine whether
the school from which the plaintiff
holds diploma complied with the
provisions of this act.
The court found further that the re-
fusal of the board of medical eXamin-
ers to issue the certificate to plaintiff
was based upon an investigation which
had not covered the question of
whether the school was within the re-
quirements of the statute or not; that
| it was not within the province of the
board to determine more than whether
tue school was a school of good repute
and whether the course OF. study COM
prised term of at least twenty
months of four terms of five months
each as provided in the statute and
included the branches of study named,
! in the statute.
The court found that those practic-
ing osteopathy are not within the pro-
visions of the statute relating to the
practice of medicine, surgery and OBJ
stetrics.
J The defendant having raised the
| question of the constitutionality of
| the act referred to on the ground that
it permits osteopathic physicians to
practice their profession without hav-
ing pursued the same course of study
as is required of persons attempting
to cure diseases by the administration
Of drugs or by the practice of surgery,
and was therefor in violation of Sec
ton 6, of article of the constitution,
which provides tnat all laws of gen
eral nature shall have uniform opera
tion and that the general assembly
shall not grant to any citizen or class
of citizens privileges Of immunities
which upon the same terms shall not
equally belong to all citizens, the
court finds that every citizen of the
state can, If he so desires, bring him
self within the provisions of the act
and thus secure the privileges pro.
4 vided therein, and for this reason the
act is held to be not in violation of
this section of the constitution.
4 The court finds that the act of the
board in refusing the certificate was
arbitrary and that therefore the writ
i should issue.
4 The decision is complete victory
for the local school and is one thay
has been sought by the osteopaths of
Lne state for the last three years, the
state board during that time having
refused to issue them certificates.
4 The state association of osteopaths
cooperated with the Still school in
bringing the suit.
His Theory Will Cause His Death.
4 Boston, Feb. 10.-A sensation has
been caused by the announcement OF
4 the board Of health that DR.. Emmanuel
Pfeiffer, who voluntarily exposed him
self to small pox at the hospital OF
Galloupes island about two weeks ago
lis i'll with the disease In it's worst
form, and probably cannot live. DR.
Pfeiffer is one Of the strongest op
ponents Of vaccination in the state
and recently appeared before the leg
islative committee to urge . repeal Of
q the compulsory vaccination 4. law
Having the courage of his convictions
q he went to Galloupes island and com