The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-10-26
TEXT OF The OPINION
In the Case of Mcknight, the
0steopathist.
Written by JIs'ice CLARK No Error in Lower
Cours, as Os'eopa by is not The Practice
of NJ dicine or Surgery.
of Mt dlcIne or Surgery.

In view of the Importance of the opinion
of the Supreme Court concerning D. Harry
p Mcknight, the osteopathist, and the
discussion that has arisen from it, We
publish below the full text of the opinion
as written by Justice Clark:
Chapter III. Laws of 1885, amending
Code section 1882. under which this bill
was drawn. reads as follows: Section
1892. And any person who shall begin
the practice of medicine or surgery in
this State. for fee or reward. after the
obtained license from said board of ex-
aminers, shall not only not be entitled tc
sue for or recover, before any court, any
medical bill for services rendered in the
practice of medicine or surgery, or any
of the branches thereof, but shall also
be guilty of a misdemeanor. and upon
conviction thereof shall be fined not less
than twenty-five dollars nor more :han
one hundred dollars or imprisoned at the
discretion of the court for each and every
offence: Provided, that this act shall not
sue the avocation of midwife; and, pro-
vided further. that this act shall not APP
ply to regularly licensed physicians and
surgeons resident in a neighboring State
This last clause has since been modified.
Laws 1889, chapter ISL.
The constitutionality of this act was
discussed and affirmed. State " Call,
121 n. c., 643. The simple question,
therefore, upon the facts set out in the
special verdict is whether one who prac-
tees Osteopathy is indictable if he has
not procured the license required for any
one by the above section before begin
ling the practice of medicine or surgery
The special verdict finds that tho dc
PENDANTS treatment of his patients did
not consist in the administration of
drugs T medicines, but in manipulation
kneading. 1eXing, and rubbing the body
of his patients, and in the application of
hot or cold baths, and in prescribing
rules for diet or exercise that
the defendant was engaged in the general
practice of osteopathy and professed to
effect the cure of disease by the practice
of that science. that he also practiced
hypnotism and suggestion under hyno
tism. 1t is also found that upon two
occasions he used a small surgeons knife
in opening an abscess in the mouth OF
enc shedd, but charged no fee for his
services
THE only surgery was without fee or
reward. an act of charity, and that was
incidental and not in the practice of
osteopathy. It cannot be said that one
practices medicine and surgery when he
uses neither drugs, medicine or surgery
Section 1924 requires the Board of
Medical Examiners to examine all appl-
cants TO practice medicine or surgery,
in anatomy, physiology, surgery pathol-
ogy, medical hygiene, dentistry, pharma-
cy, materia medica. therapeutics OBJ
statrics and the practice of medicine,
almost all of which would be useless
knowledge to exact of an osteopath who
declines to use medicine. drugs or sur
gerry, and whose treatme consists solely
in kneading, ticking, and rubbing
the body. applying hot and cold baths and
prescribing diet and exercise.
1T cannot be conceived that the Legis-
lature would require the above eXamina-
ton for a profession which excludes the
use of drugs and surgery. The medical
society of this State being 'Allopaths'
would certainly not recognize an
Osteopath' as one of their body any more
than they would a 'Homeopath, nor Ii
cense any one to pursue that calling
with their diploma as his authority so to
do, and if they would not and we were
to hold it indictable to practice Osteo-
pathy without such license it would be
judicial prohibition upon the exercise
of that phase of healing.
"In Smith VS.. Lane. 81 N. y. 632, con-
STRUNG a statute very similar to ours, it
is said: TO entitle a person to certi-
ficate under this provision, it would be
necessary that he should be qualified
either to practice medicine or surgery in
all its branches. II that was not made
to appear. he could receive no certificate
under the provisions of this act. For that
reason, it appears to be quite manifest
that the object of the Legislature in the
enactment of this chapter was only to
provide for regulating the practice OF
medicine or surgery, as those terms are
usually and generally understood and con-