Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1902-02-07
THE BOARD Of
HEALTH LAW
Judge Mcmillan Grants Peremptory Mandamus
Directing That Certificate Be Issued.
DUTIES OF BOARD Defined
Graduates Of Reputable Colleges Admitted TO Practice
Medicine In New Mexlco-Court Has Absolute
Power to Cunstrue Law.

: Territory of New Mexico,
Second Judicial District-Bernalill
County.
Y The Territory of New Mexico, on tn
relation of Charles Hardin Conno
I VS.. The New Mexico Board of Healt
!. No. 1896.
This is an application by the relato
Charles Hardin COnnor, who Is a grad
uate of the Marion Simms Medical Col
lege, for a mandamus to compel tn
: New Mexico Board Of Health to issu
to him, the said relator, a certificat
authorizing him to practice his profes
sion as doctor of medicine within thu
territory
4 Neill b. Field of counsel for relator
Frank w. Clancy of counsel for re-
spondent.
Mcmillan, Judge: The relator entered
the Marion Simms Medical College al
ST. Louis, Mo-, in 1894, took the full
three years course in medicine, and
was graduated in 1897. He was subse-
1
tice medicine in Ohio, Kentucky and
Missouri, by the boards of health OF
these several states, each acting under
a statute somewhat similar to the stat
utes of New Mexico.
| During the fall of 1901, relator came
to the territory Of New Mexico. and
| applied to the respondent, the New
| Mexico Board of Health, for a certifi-
cate authorizing him to practice his
| profession within this territory. The
| statute under which the New Mexico
| Board Of Health was organized. and
which defines their powers and duties.
is Chapter 18 of the Laws of 1901, and
| so far as the provisions of the act ap-
ply to this proceeding, they are as fol-
| lows:
Section THAT board of health is
| hereby established which shall be
| known as the New Mexico Board Of
Health, and be composed of seven
| practicing physicians who are grad
| yates of medical schools of undoubted
responsibility.
Sec. 2.-The said board shall organize
and select one of its members as pres
ident, one as secretary, and one as
treasurer within four months after the
appointment of its members.
| It's members shall be the sole judges Of
the qualification of a person desiring to
practice medicine in New Mexico anu
shall determine what are and what are
not medical colleges In good standing
for the purposes herein provided.
Sec. 3.-The said board shall, upon
the production of evidence satisfactory
to It, license any person who is the
holder Of diploma from medical col
lege in good standing, to practice med
icine, surgery and obstetrics in New
Mexico, and shall require all persons
not the holders Of such diplomas, to
pass such examination as to the board
shall seem proper, before licensing
such person to engage in the practice
of medicine. surgery and obstetrics
This act provided for the appoint
ment of an entirely new board Of health
who were not the successors of the for
mer board, that had been in existence
for some years within the territory.
Previous to the application Of the re-
lator for the certificate in question, the
board had taken no action whatever by
which the standing of the Marion
Simms Medical College had been deter
mined. Nor does the testimony dis
close that after the application Of the
relator for the certificate in question
was made, that any action was taken
by the board with the view of determ-
ining whether or not the Marion Simms
Medical College was an institution In
good standing.
Under fair and reasonable con-
struction Of the statute, this was the
first question for the board to deter
mine. II they determined in the afflr-
native, that the Marion simms Medi-
cal College was an institution in good
standing, then the relator was entitled
to certificate as a matter of course.
II on the other hand, they determined
question was not an institution In good
standing, then 1t would be necessary
for the applicant to pass satisfactory
examination touching his qualifications
to practice medicine.
The testimony taken upon the hear
ing in this proceeding discloses the fact
that the reason the certificate was not
issued to the relator was because he
did not present with his medical diplo-
ma a high school certificate showing
proficiency in his preliminary educa-
ton before entering the Marion Simms
Medical College. Indeed it was testi-
fed to by one Of the members of the
board of health that If the relator had
presented high school certificate or
its equivalent, with his medical diplo-
ma, that a certificate would have been
issued to him by the board; it was
further testified to by a member Of the
board that under the rules laid down
by the respondent herein. that Of two !
graduates Of the Marion Simms Medical
College, one presenting high school
certificate with his diploma, and the
other not, that the first would be
granted certificate. and the second
q certificate to practice medi-
cine in the territory.
It 10 evident from the proceedings of
the board that the Marion Simms Med
|cal College was regarded by the board
as an institution "in good standing"
Continued on Fourth Page.