The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-28
ARGUMENT OVER
THE ACT OF 1908
Case of Biggs the Osteopath
in Supreme Court.
Is LAW CONSTITUTIONAL ?
hessrs. Stedman and Iusice Argue Il is Mo-.
Attorney General Gilmsr Contends il is---
Much D. psnds on The
Decision.

OeSiSiJtfs
| The case of the State against Andrew
C. Biggs, an osteopath from Greensboro
was argued yesterday in the Supreme
Court by Attorney General Gilmer for the
State, and Messrs. c.. NJ. Stedman and f
j. Justice, of Greensboro, for the de-
PENDANT.
Blggs was indicted in the Superior Court
of Guilford county for practicing medicine
and surgery without license from the
State Board of Medical Examiners, under
the act of 1908. defining the practice OF
medicine and surgery. He appealed TO
the Supreme Court to test the constitu-
honality of the act Some of the main
points in the argument of defendant 5
counsel were the following:
1T is intmated in Meningitis case that
a requirement that those who practice
osteopathy must be subjected to an ex-
animation by learned osteopaths in the
branches taught in that school, would be
constitutional and valid We do not
question this being the law nor that it Is
based on correct principles.
ut is respectfully submitted that the
|
tional in toto and the law is as it was
when Meningitis case was decided.
THE first reason why this is so Is be-
l cause the act makes it unlawful for any.
but the excepted classes mentioned there
| in, to minister to the sick for fee or re-
ward. unless they stand the examination
prescribed by law for Allopaths and
Osteopaths, and thereby proscribes ali
others than the adherents of these two
schools.
THE act is unconstitutional upon a sec
ond ground: That the examination pre-
scrbed for Osteopaths is before a Board
composed entirely of Allopaths in the
branches taught in the schools of the lat
ter and not in the branches peculiar 10
Osteopathy, and is more severe than that
prescribed for those who propose, regular
! ~ to practice medicine and surgery.
There is 10 provision for the examina-
ton of any but allopaths and osteopaths.
1 IF the act is constitutional, then the
cure of the body in North Carolina is
absolutely restricted to those adherng
to the school of allopathy. 1t is said ii
| Meningitis case Supra: The State has
not restricted the cure of the body TO
| the practice OF medicine and surgery
anopathy, as it is termed-nor reHircd
thai before any one can be treated for
any bodily i'll. the physician must have
acquired a competent knowledge of allo.
pathy. and be licensed by those skilled
| therein. To do that would be to limit
progress by establishing allopathy as the
State system of healing. and forbidding
all Others This would be as foreign 20
our system as a State church for the
cure OF sous.
| The act of 1903 hereinbefore set out
! is unconstitutional on the third ground
| that it unjustly discriminates in favor Of
nurses, mdwivcs and Christian Scientists,
and against the defendant and all Others
who do not belong to these favored
classes
IF the defendant should call himself
nurse and go out to care for patients and
then do. as a nurse. all the special verdict
finds lie has done in this case, to-Wit.
administer massage and baths and apply
physical culture for the cure of the sick
and prescribe proper diet for fee and re-
ward. he would be protected by the pro
visions OF the act, but If he has patients
come TO him and does exactly the same
thing. he is subject to Indictment.
IF IL person should advertise that he
can heal disease by bathing the sick or
administering massage to them and does
so for fec or reward, and does not bring
himself under the definition of nurse.
he is, under the statute, guilty OF Il mis-
dcmeanor, but if he imposes on the cred
ulous by protesting to restore the sick
OF heal the wounded without medicine by
prayer for fee and reward, he comes with.
in the excepted class and is protected by
law"
PENDANT has offices i'll his residence in the
city of Greensboro and displays in front
o. his house a sign bearing the words:
y. c. Biggs, Non-medical Physician He
aGvertses himself as a physician and in
vites the afflicted to consult him, AM
declares that 1T matters not what the
nature OF your trouble or how long you
have been afflicted my Life System Of
Drugless Healing will surely benefit you
The sick made well without drugs CT
surgery.
The special verdict finds that: He
administers massage, baths and physical
culture. He manipuatcs the muscles,
bones, spine and solar plexus, and kneads
the muscles with the fingers of the hand.
'NHe writes no prescriptions as to
diet, but advises his patients as TO what
VI cat anu NndJ not 10 eat he pre-
scribes when his treatment shall be ta-
ken, and has treated many patients fer
fees and reward during the months OF
March and April, between the ratification
OF this act of the General Assembly hero
inbefore referred to (the act of 1909 and
the issuing the warrants IN this case
From the foregoing facts it is not diff
ficult to determine the school Of medicine
to which the defendant belongs In Judge
Brannon's work on The Fourteenth
Amendment. page 239, the following Ian.
guagc occurs:
g 'Osteopathy.-Thi new word is com
posed of two Greek words, literally mean.
ing the restoration of bone. It is prac-
ticed by some for the cure of ailment by
a process which rejects the use OF drugs
OF medicine and substitutes a system Of
rubbing and kneading of the body
This writer. referring to the practice
of medicine by the regular school ard
the practice of osteopathy, says, on page
240: Both are for the cure or treatment
of human ailment. Incompetency in the
one is as deadly az in tho other