Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-10-31
JAPANESE KEEP
DOCTORS LICENSES

The Supreme Court yesterday rem
dered its decision in the matter of the
five japanese doctors whose licenses
Treasurer Cooper sought to cancel on
the ground that they had been recon-
mended by an illegal Board Of Medical
examiners. The decision is in favor
OF the doctors and confirms the judg-
ment given by Second Circuit Judge
Gear, Chief Justice Frear writes the
opinion in which Justices Perry and
Galbraith concur.
Treasurer A. n. Kepoikai was de-
PENDANT by succession when the case
was submitted June Is. Plaintiffs were
T. Ninomiya, NJ. Oyama. Y. Yoshimoto,
+. Kikawa and I. Yimada.
A. S. Hartwell and H. A. Bigelow
represented plaintiffs; Geo. A. Davis
appeared for defendant.
The Supreme Court decision is as
follows:
The actions of de faCto officers, as
for example, a Board Of Medical Ex.
aminers. appointed by the Treasurer
instead OF by the Governor, cannot be
questioned collaterally.
The Treasurer cannot lawfully re-
woke licenses of physicians and sur
geons issued by him on the recon-
mendation OF the Board OF Health upon
the report Of the Board Of Medical Ex-
aminers, merely because Of defect In
the mode Of appointment of the latter
Board
Injunction lies to prevent such revo-
cation by the Treasurer, there being
no plain. adequate and complete REM
! edy at law. Certiorari has not so wide
law.
/ The plaintiffs, ON behalf OF them
selves and others similarly situated,
pray for an injunction to prevent the
Treasurer Coriginaily the present de-
PENDANTS predecessor in Office, H. l.
Cooper. for whom the present defend
ant has been substitutedl from can
ceiling their licenses TO practice medi-
cine and surgery. They set forth de-
tailed allegations in their bill to show
that they had such licenses lawfully
and that the defendants predecessor
the original defendant, had threatened
tn cancel their licenses for particular
reason, which they contend Is insult
Client The Circuit Judge granted tn,
injunction and the defendant took THU
appeal.
The statute relating to the praCtic,
OF medicine and surgery Is Act 60 o
the Laws Of 1896 penal h., Secs S27
S35) That statute provided for tn,
issue of license to an applicant tC
practice medicine and surgery by tn,
then Minister OF the Interior upon tn,
recommendation of the Board o
Health made upon the report. after eX
animation, OF a Board of Medical Elk
aminers consisting of three licensed
physicians appointed by the Ministe
, OF the Interior. The Office of Ministe
OF the Interior was abolished by tn
Organic Act (Scc. 81 and his power
: and duties distributed. In so far as the
= were continued. among other officers
I To the Treasurer were given, anon
| others, the powers and duties while
/ relate to licenses" (SeC. 72D. But 1
g the Governor was given the power q
c appointment. with the advice and con
) sent OF the Senate, of various specific
officers and boards "and any Othe
l boards of public character that ma
= be created by law" lSec SO). II doe
I not seem to be disputed that unde
= Section ~ the Treasurer Is the one I
Q issue licenses. The sole ground upO
e which the Treasurer relies for the can
A collation. OF the licenses in question
e that the Board OF Medical Examiner
I upon whose report the Board Of Healt
recommended these licenses, upo
= which recommendations the Treasure
Y issued the licenses, were appointed b
the Treasurer and not by the GOvel
nor, as he claims should have bee
O done. The statute provides for a r,
= vocation Of license for certain spec
: flied causes and upon certain prescribe
d procedure, but the Treasurer does NJ
l. claim that he intends TO act under thi
70 provision.
) We will assume that the appoin
ments Of the Examiners should hay
been made by the Governor under Sc
ton so of the Organic Act. Still, the