Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-12
Itinerant Doctors Will Make
War on the Statute Requir-
ing License
CLAIM IT'S UNCONSTITUTIONAL
The Case of Or. Rea at EstherviIIe Will
Be Appealed to Supreme Court and
All the Travelling Doctors Will Help
Pay the Costs of the Appeal-other
Iowa News.

Sioux City, Feb. 12.-The fining of DR.
B. D. Rea. of Sioux City, by the distric!
court of Emmett county, Iowa, last FRI
day for practicing medicine without an
itinerant doctors license will result In
a general fight upon the constitutional
| ity of the Iowa law which requires this
| license. Attorney George w. Argo, of
| Sioux City, who represented DR.. Rea in
court has been retained by about sew
enty-tive medical specialists in Iowa to
appeal the case to the supreme court CT
law is valid then Mr.. Argo is instructed
to carry the case to the supreme court
| of the United States.
DR.. Rea was formerly resident Of
| Minneapolis, and he made a business of
| visiting small towns in Minnesota and
Iowa, spending several days at the ho-
| tells in each town, treating the afflicted.
| He made such professional visit to
Estherville, Iowa, and was indicted by
the grand jury for not having an itin-
Grants license for pfacticing medicine
in this way.
| DR.. Rea a few weeks ago located In
Sioux City and he engaged Attorney
Argo to defend him in the case at Es-
therville.
Mr.. Argo submitted demurrer to th,
Indictment in which he declared that
the state law under which the indict-
ment against his client was returned is
unconstitutional. Judge Quarton over
ruled the demurrer. Jury was waived
and the case was submitted upon a
stipulation of facts agreed upon, result
ing in fine of $500 being assessed
against the defendant. An appeal bond
of $500 was Immediately furnished
The state law provides that a license
OF $3.50 year shall be paid by physi
temporarily In a community and the
penalty for violation is fine of from
$500 to $500. When other specialists in
the state who no not depend upon their
own community for business learned
OF the case of Dr. Rea letters began to
pour In upon him and his attorney Of
fering to support movement to make
united onslaught liz the courts upon
the itinerant license law. The conten-
ton made by the attorney in his de-
murrer is that the .aw is contrary to
section 80 of article 3 Of the constitu-
ton of Iowa, which provides that, all
laws shall be general and of uniform
operation turnout the state. BE claims
the law distinguishes between different
localities in the state.
"A physician who is called to attend
patient at a place other than ms
residence" the attorney maintained, rs
exempt from the penalty which is i'm
posed upon another physician just as
we'll qualified who may go to the same
place to attend a patient upon his own
motion without being called thereto.
1t Is also alleged that the law con-
hicts with section Of article l of the
state constitution. which provides that
the general assembly shall not grant to
any citizen or class of citizens prlVl-
leges or immunities which upon the
same terms shall not equally belong 10
all citizens. 1t is asserted that the stat
ute imposes a tax upon the business OK
certain citizens and eXempts otners'
which is class legislation. Violation OIL
the United States constitution Is also
alleged in that persons affected by the
law are deprived of liberty or property
without due process of law.
The disputed statute was passed upon
by the Iowa supreme court In l9oo' ana
then declared valid, but at that time no
defense was offered III the case outside
of the evidence that came up from the
court below. This time the case will
-. .tra,uIy fought