The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-07
They See Danger to Pub
lie in Supreme Court
Decision.
Learned Men Required TO Pass Exam
nations But QuaCks and Incom-
petents Invited to Practice
Ad-Iihitum.
Ad-Iibitum.

of State VS.. Biggs is a severe blow to tbs
States control of the practice of medicine
1t has been received with disapproval by
all the doctors and by large portion OF
the public.
The same reason for requiring lawyer
and dentists and druggists to pass an ap
proved examination to practice their calling
exists in the case of physicians, with this
difference: It is much more important
to the public health to prevent incompe.
tent men practicing medicine than follow
ing either other profession. The law pass
ed by the last Legislature-not altogether
satisfactory-was step in the right direc-
ton. While primarily fathered by the
medical profession, it was chiefly in the
interest of public health.
There is no doubt that some Of the men
who are not licensed to practice employ
some means of healing that are helpful,
but the correct position is this: Nobody
should be permitted to treat sick people
unless they PASS the required examira-
ton before the State Medical Board AS it
stands now, the man who goes through
the medical colleges, cannot practice unless
lie passes an examination; the man who
does not pretend to have studied anatomy
or the science of medicine can practice
without demonstrating his knowledge. Is
that tight?
Below is printed the leading editorial
that will appear in the forthcoming issue
of the Bulletin issued by the State Board
Of Health. 1t is from the pen of DR.. Rich
ard II. Lewis. Secretary of the State Board
of Health, and ably states the position OF
the medical profession in the State. 1t is
as follows:
"For the first time since the enactment
OF the original medical license law in
1859 the cause of medical progress and
Of the protection of the public health las
received a serious back-set. For forty
four years old North Carolina has been
marching in the very vas@ BARD Of me'ij-
I,
its recent decision in the case Of State V.
Bggs, declaring the amendment to the
license law defining the practice of medi-
cine and surgery enacted by the last Leg
islature to be UNCONSTITUTIONAL. has de-
prived US of that proud position.
1T was thought that the old law was
sufficient to protect on. people against
quackery, but the decision in State V.
Mcknight last year showed that opinion
to be unfounded This decision, while
regarded as a very serious blow TO the
medical license law, we hoped vas ten
porary and remediable. The amendment
referred to was destined to remedy this
weakness. 1t failed Of its object. at tie
original law, which insured high stand
ard of excellence in the regular medical
profession, remains in full force.
THE decision in State V. Biggs seems
to have been based chiefly upon the
grounds that the Legislature had no
night to define anything that was defined
in the dictionaries, and that the amend
ment created a monopoly IN the interest
of the regular medical profession. ,rhe
opinion is expressed that the amendn ant
was evidently drafted in their interest,
they being considered as promoters,
and therefore subject to as strong con
struction of the law against them as pos
s;ble-that it was not drafted solely in
the interest of the public"
Being no lawyer, We cannot argue the
matter from the legal standpoint, but
i'll this connection we wish to say that
the bill was submitted 20 some OF the
ablest lawyers in the State outside OF the
Legislature; that that body contained q
large number of lawyers, including some
OF cur best, and that the OILY suggestion
that the proposed amendment was I'M
constitutional that we heard came from
the paid attorneys OF the Christian
Scientists. We can only look at it as
man or common sense, having, II he
knows himself, the health interests Of
the people at heart first, and secnndalily
and incidentally Of the profession which
by similar legislation in this and other
States has been made WORTH of the con
fidence and admiration of the people. We
belieyed--and still believc-ln0sC 'hceTeiy
that one of the greatest menacc5 TO the
public health, with the protection OF
Y hich as executive officer OF the StaJe
Board OF Health we were Officialt: charged
was the incompetent physician. we ere
vet more certain that those who had
never made a serious study OF the Sttuc-
ture and functions of the human BODY,
nor OF the best systems, according 20 the
experience of the ages, treating Us Ills
in large part ignorant impostcrs AID eX-
ploitcrs of the credulity Of the people
for gain-wore still more dangerous. we
therefore felt it our duty, as Tie States
health officer, to do our best to protect
the people against this danger.
THE able and learned Chiel Justice
in his opinion, says: THE Legislature
could no moro enact that the 'practlce -
medicine and surgery, SHALL mean 'rr&c-
tee without medicine anc surgery shfa
il could provide that two ana two make
i've because it cannot change phy-
steal fact" and that "thr ACT essays 20
change the meaning Of the words 10 De
found in every dictionary We do not
so read the dictionaries
| 'Wc quote the definition OF Menlcihe
as given in the nyc dictlonarie' uriver-
sally recognized as of the highest author
ity as follows:
Century Dictionary: y ! suDstah Se
used as q remedy for disease; Sub
stance having. or supposed to nave cura-