The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-24
THIS DOCTOR BELIEVES
JUDGE CLARK WAS RIGHT
5. M. Graham, of Hertford ''Reverend' and ''M
Do, on TIE Various Schools of Medical
Practice.

To the Editor: The recent decision by
KS. Biggs, to the effect that the statute
recently passed defining The practice of
Medicine" is beyond a proper and re-
gerdful exercise of the police power If
the State, opens a very necessary and
proper inquiry as to what such doctrine
will bring forth, and what such a de-
cislon means primarily to the public
body, and secondarily to our profession.
The opinion of the learned Judge is laws
whether intelligent, ignorant, sophistical,
ieonoclastic, dangerous or communists
It is the statute law and must be met
and acted on as such until defeated or
modified by the same court that made it.
do not believe that the medical pre-
session in North Carolina, great as is
my respect for it, is capable to advise
that court in its constructions Of this or
any other legislative act, any more than
that the learned gentlemen who compose
st could or would offer to aid us in un-
r&yelling the complexities (and oftentimes
Derplexities) of vital morbid processes
No criticisms should be INDUCED III from
us toward them, and no stigmata must
lie in our mouths. against them because
III the righteousness of their oaths a
law, primarily of our making, has been
set aside. The process of reasoning may
have been faulty; the logic illconceived,
the results may be disastrous, but tins
court is sworn to uphold the law, and
is not our guardian; it is sworn to con
struct the statutes without favor and
without fear, and is bound only by It's
oath and the constitutions. No vituper-
ations, no sarcasms, no sneers, no
tkCughtless structures on this honorable
body by any Of our profession caG height
en- our claims to the peoples favor, OF
make our influence for wise and safe leg
islation greater l have made these OBJ
scrvations, Mr.. Editor, because l have
noticed recently in your columns sef-
eral articles reviewing CD Judge Clarl1s
opinion, and while of course I do ND
pretend to be able to follow the learned
justices legal dissertations, l believe
that in his ultimate conclusion, from
humanitarian and just standpoint, he
right; that under our present system OF
examinations for license, and with such
a far-reaching and comprehensive statute.
as the one in question, ultimate and
great harm would have come to our med
ical body and great injustice done, mad
this enactment stood.
shall not review the history o: med
icai legislation in our State, it is an
open book, done in no tar-chamber, but
open and frank and kind has been the
insistance on our part that the State
should, so far as was just, protect the
| l. - E.r,, Il.
That these laws have been salutary no
one can deny; that they have been =
mighty bulwark against charlatanism all
will concede; and that they have given
to us an earnest, capable, high-mindeo,
intellectual and well-equipped medical
corps cannot be gainsaid. l assert, and
assert it bcldly, with full knowledge OF
my words and not without proper III
vestigation, that the country physicians
IN this State are today without then
peers on the American continent; and
{ make this statement not without pride.
both collective and individual, and base
| its cause upon the fact that up to the
time of the passage of this last statute
! by the legislature of 1902 Defining the
practice OF medicine" our laws were,
! their justncss, in their moderation, and
In their catholicity and proper execution,
the best inscribed, as yet, on any states
statute book. They were ample TO pro-
sect the public, to cause proper super
vision, and as a fact did bring about
such an exaltation in the standard thar
the North Carolina doctors held their
full share and more of the strangers
praise. In my opinion the recent revis-
ion and elaboration of our medical lawS
was not only unwise and impolitic, un
needed and savouring of a spirit of iu
tolerance, but would have proven a wea-
pol for the ultimate discontinue of all
medical restriction acts a mighty weapon
of attack in the hands of those who
believe that in matters affecting only
them and theirs there should BE- full
freedom of thought and action, untram-
melled and unhindered, having full lib
erty and opportunity to call to their as
slstance any one, who can best, from
their viewpoint (and oft-times faith can
move mountains) perform the services or
a physician. For after all. who is a true
physician in the true modern sense OF
the word? Is he one who uses the knirv.
and drugs alone? / answer, no. Is ne
ono who practices the use of waters or