The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-10
system of healing. State VS.. MacKnight,
131 N. c., 1913.

system of healing. State VS.. MacKnight,
l31 N. c., 1928
ORTHODOXY AND HETERODOXT.
After that decision, moderation and
! wisdom would have suggested that the
matter rest Those who wish to be
, treated by practitioners of medicine and
/ surgery had the guarantee that such
practitioners had been duly examined
and found competent by a board of gem
tlemen eminent in that high and honor
f. able profession and those who had faith
| in treatment by methods not included
| in the practice of medicine and surgery
as usually understood, had reserved to
| them the right to practice their faith and
be treated. if they chose, by those who
openly and avowedly did not use either
surgery or drugs in the treatment of dis
eases. The courts had declared that they
possessed this right and that the legis-
| lature could not. under the constitution,
restrict all healing to any one school of
! thought or practice. What is ''the prac-
/ tice of medicine and surgery is as well
understood, and its limits, as the practice
| of dentistry. The courts have also held
| that of the many schools of medicine and
surgery" the legislature could not prescribe
that any one was orthodox and the 9th
ers heterodox but that those protesting
| the different systems" allopathic," no
meopathc,' "Thompsonian' and the like
should be examined upon a course. such
as is taught in the best colleges of that
school of practice, but that it is not
essential that a member of each. or of
any special school, should be upon the
board of examiners.
he laet of no
sembly, the following act Q9O3. CHI. 697)
was passed amendatory of section 1922
of the Code: For the purpose of this
act the expression practice of medicine
! or surgery shall be construed to mean
| the management for fee or reward of any
case of disease, physical or mental. real
OF imaginary, with or without drugs, sur
aical operation, surgical or mechanical
appliances, or by any other method what
soever; provided that this shall not ap-
ply to mid-wves nor to nurses; provided
further that applicants not belonging to
| the regular school of medicine shall not
be required to stand an examination ex-
: cept upon the branches taught IN their
regular colleges, to-wit: the osteopaths
| shall be examined only upon descriptive
anatomy, general chemistry, histology,
physiology, urinalysis, and toXicology, n.y.
giene, regional anatomy, pathology, neu-
rology, surgery, applied anatomy bacter-
iolcgy gynecolcgy, obstetrics and physical
diagnosis provided this act shall not APP
| Div to any person who ministers to or
cures the sick or suffering by prayer to
| Almighty God without the use OF any
! drug or material means"
MEANING OF WORDS CHANGED.
Chief Justice Pearson in McAden ".
! jenkins. ga N. c. sol noted, as OF COM
mon knowledge, and reiterates this in
| r. r. V. Jenkins 6S N. c. sos that railroad
charters are drafted by promoters and
hence should be construed most strongly
against the grantees and in the interest
OF the public. The same construction can
, fairly be applied to this act amendatory
of the charter of this corporation, 70
whose supposed interests it was evidently
| drafted. and not solely in the interest OF
| the public "Under the guise of CON
struction" of those well understood terms,
| the practice of medicine and surgery
the act essays to change the meaning
of the words to be found in every diction-
airy, and says that the expression prac-
tice of medicine and surgery" snail be
contrued to mean ''the management for
fee or reward of any case OF disease,
. physical or mental, real or imaginary,
with or without drugs, surgical opera
ton. surgical or mechanical appliances,
or by any other method whatsoever"
That is the practice of surgery and med
icine shall mean practice without surgery
or medicine if a fee is charged If no
fee is charged, then the words surgery
and medicine" drop back into their usual
and ordinary meaning, as by long usage
known and accustomed. Where then Is
the protection to the public, If such treat
ment is valid when done without fee or
reward? Yet, unless the act confers. and
is intended solely to confer, protection
upon the public. it is invalid The legls-
lature cannot forbid one man to practice
a calling or profession for the benefit or
profit of another.
ACT IS TOO SWEEPING.
Again, the act means more than Its
friends probably intended, for it says,
ANY case of disease, physical or mental.
real or imaginary" Is not disease or
the eye physical, and is not disease OF
the ear or of the teeth, or a headache,
or a corn. physical? Then every dentist
and oculist and aurist is indlctable un-
less he has also license from the state
medical society as an NJ. D., as is also
every corn doctor who relieves aching
feet and every peripatetic of stentorian
lungs on the court house square who
banishes headache, real or imaginary. by
rubbing his hands over some credulous
brow He, too, must be an NJ. d. Then
there is the closing expression. forblddlng
treatment "for fee or reward" by other
than an NJ. D.. by any other method
whatsoever" This would take in all the
old women and the herb doctors, who
without pretending to be professional urses,
relieve much human suffering, real or
imaginary" for small compensation.
Then it is forbidden to relieve case
of suffering physical or mental IN any
method unless one is an M. d. 1t Is not
even admissible to minister to a mind
diseased in any method or even dissipate
an attack of the ''blues" without that
label duly certified Is not this creating
a monopoly and the worst of monopolies,
that diseases shall not be cured or al
leviated whether real or imaginary, men
tai or physical. though without medicine
or S,Iroerv eff for fee j" unless one