The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-17
"It Affords Ample Pro-
lection to Public.
GIVES ALL MENASH0W
All Men at Least, Who Have Fitted
Themselves for the Scientific
Treatment of Disease.
What's the Use of
Scrapping?

What's the Use OF
Scrapping?
To the Editor: Your paper, which is
widely read in North Carolina, recently
contained an advance article to be pub
lished by DR.. Richard H. Lewis, chairman
of the Board of Public Health. in the
Medical Journal. In his structures on the
Sugreme Court in the "Biggs case" DR..
Lewis takes occasion to include not only
my school of practice, but myself in his
animadversions. Not content with hav-
ing medical journal in which to propa-
gate his ideas, scold his judges and at
tack other methods of healing except
his own, he has the benefit of the great
and valuable missionary aid of the public
spirited daily press of the State. l most
respectfully ask of you the privilege of a
reply, assuring the readers that my only
purpose is to disabuse their minds of er-
roneus impressions made or false views OF
the effect of the "Biggs case"
When a man contests case IN court,
he either conscientiously believes that he
is in the right and his opponent is in the
wrong and that he therefore is entitled
to success, or he knows that he is in the
wrong, but makes the fight any way, hop
ing that justice may possibly mis-carry
and allow him to win his suit. In the
case testing the constitutionality of the
medical law the members of the State
Board of Medical Examiners, assumed one
of these two attitudes towards myself and
the law I believe that they were con-
scientious If they were it is natural that
they should believe that there has been
some grave mistake made, since they have
lost their case. l know that / would
have thought So had the decision been
against me instead of being in my favor.
would still have believed firmly in the
injustice of the law and its unconstitu-
tionality, and would have appealed to the
Supreme Court of the United States, feel
ing confident of victory there. But l can
not understand how one should let his
chagrin at defeat cause him to rush into
print, and question the wisdom and justice
of the highest tribunal in his State. The
law was drawn in the interest of drug
therapy and not in the interest of the
public at large. Neither the people OF
North Carolina, nor of any other State,
have ever petitioned a Legislature to pass
a law to protect them from ignorant
quaeks Their own intelligence is their
protection. They can accurately estimate
a mans worth by his works. An ignor-
ant imposter would soon starve to death
for want of patronage. So the medical doc
tors themselves do not need protection
from these quacks, any more than do the
public.
If the drug doctor is more highly cdu-
Gated and more successful III the cure of
disease than the non-drug doctor, people
will patronize him in preference of their
own free will, and there would be no toc-
casion for a law that would compel thcm
to patronize him. But if the non-medIcal
doctor has education and ability to cure
the sick, the people should be able TO
patronize him and to pay him ;or his
services without rendering him lia5'e to
Ct minal prosecution But neverth eless,
there should be ttrict laws regulating the
p.o tice of all methods of healing. These
lave should establish high standards Of
education and ability, but they should be
just to all methods and grant special prl-
vileges to none. These laws must be con
stitutional for the Supreme Co1>t has
just shown that class legislation will not
b. tolerated in North Carolina. The Prop
er kind of medical legislation which would
establish high standards in evcrv method
and place all on an equality before the
law would be conducive to decided pro-
giess IN all phases of the healng art
From this view alone the medical profes
sion OF the State owe their Supreme Court
debt of gratitude, so far as the profes-
sion Is concerned that by its decision, the
field of knowledge and opportunity is left
open for future Development; otherwise
the door would have been forever shut
in North Carolina in the face of any
other view of the science than that taken
by whoever should happen to be the
Board of Medical Examiners, whose duty
it seems to be to have laws passed in the
name of the public health, in the guise
of philanthropic guardians of the ignorant
citizenship, as they term it, and the lack
of technical knowledge of the law-malers
In his criticism of the Supreme Court and
his implied abuse of myself Dr. Lewis says
that the greatest danger to public health
is the incompetent physician, and 7 fuIIv
agree with this part of his article.
There is a lamentable manifestation
of incompetency and of carelessness
throughout the medical profession and the
educational standards should be such as
to eliminate these incompetent nersons
from practcing; and also laws that
would make every person who treats tha
sick, legally responsible for errors and
negligence. When man SUFFERING from
some minor intestinal disorder is nersuaad-
ed by his physician to undergo an onera :
ton for appendicitis, and as result dies
the physician should be subject to indict,
ment for crime. How would a law pro