The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-31
DR.. Battle Says This of
the Supreme Court.
The BIGGS CASEAGAIN
DR.. Battle Presents Many Authorities
to Show That the Definition of
the Practice of Medicine is
Broad Enough to Cover
the Case.

To the Editor was so astounded at
certain definitions by the Supreme Court
IN the case of the State VS.. Biggs and
upon which definitions that now noted de-
the alleged meanings in the light of the
best authority within my reach, and since
l was responsible for the arrangement
of Mr. Biggs as a violator of the law, l
deem it right that l should briefly state
the results of my investigation, besides
the subject is itself one of public interest;
precisely what a word in frequent usage
means is always important. The Supreme
Court conclude that because Mr.. Biggs
in his practice does not employ drugs nor
the knife, therefore he cannot be held
liable under law regulating the practice
Of medicine and surgery. 1t is thus mani
fest that according to that court, the prac-
tice of medicine means the administration
of drugs; the practice of surgery means
the use of the knife This error, if it be
an error, is fundamental and would logi
cally account for the decision rendered.
hold it is an error so palpable that only
light OF the testimony to perceive it. Medi
cine and surgery are sciences, and there
fore the definitions of experts in their
respective departments are of more worth
in the interest of fair investigation than
those of any other men. however, gifted
in other respects. I boldly assert that
those who have created these sciences are,
so far as have been able to find with
out single exception, Numerically op-
posed to the dicta of the Supreme Court. I
beg to submit few notable examples Of
medicine Dunglison says it means "The
healing art; a science the object of which
is the cure of disease and the preserva-
ton of health Dorland "The art of
healing diseases" Gould, "a science and
art of preserving health and preventing
and curing disease Billings. ''The heal
ing art in all its branches" Passing from
the purely technical Che value of which
the lawyer of all men should be quickest
to admit to the popular, Webster gives
the meaning, "The science which relates
to the prevention, cure. or alienation of
disease" Century Dictionary 4(2) The art
of preventing, curing or alleviating dis
eases" Harper's Latin Dictionary, Med1-
mus. 1.-The healing art Medico, ITO
cure; to heal
The definition of surgery is equally clear
and unequivocal, e. g., Billings, That
branch of medicine which deals with in
juries. deformities, tumors, and such other
affections as are chiefly to be treated by
manual or instrumental aid" Dungllson,
1.-The part of the healing art which re-
lates to external diseases, their treatment
and especially to the manual operations
adapted for their cure" Many other such
names could be quoted to swell the volume
of testimony, but to what purpose? The
ordinary reader would perhaps be content
with his Webster's Dictionary, which
says, THE art of healing by manual oper-
alton; that branch of medical science
which treats of manual operations for
the healing of diseases or injuries OF the
body; that branch of medical science
which has for its object the cure OF local
injuries or diseases, as wounds, or frac-
lures, tumors, ETC., whether by manual
operation, or by medicine and constitution
al treatment SIN the name of all the
gods at once did not the acts of Mr..
Bggs come. clearly within the definitions
given?
But the Supreme Court has published
to the world with the skill Of special
pleading and the embellishments of liter
airy style that the doctors must burn their
books and procure the N. c. Reports
if they would acquire that most primary
knowledge, the knowledge of what their
profession is.
Doctor Lorenz, the surgeon of Vienna,
of international reputation as such, who
recently received a fifty thousand dollar
fee for what the world called a surgical
operation, would not be considered sur
geon by the North Carolina Supreme
Court; perhaps he would be styled a
knifeless surgeon, and in consequence not
under police control in this State.
BY the ruling of the Supreme Court
the drugless physician is allowed to treat
diseases of the eye, ear, nose, mouth and
throat, to wash out the stomach, bladder.
and intestines with medicated solutions
and yet SO no drug is administered they
are without the pale of the law.
They are permitted to treat diseases
of the uterus and its apDendages with
sounds, probes, and pessaris; TO reduce dis
locations: fractures, simple and compound
so no knife is used, and thus lncompe
tents are invited by our Supreme Court
and encouraged to do mischief and harm
upon a credulous people. and our high
est tribunal of justice proclalms to the
imposters and quacks. we will protect yol
from the promoters
So much for their definitions and thei
results l wish to notice some of thei
arguments whereby the conclusion wa
reached The Chief Justice exclalms, Il
it requisite that the man who treat
a diseased car shall really be competen
in obstetrics; or that it is a penalty II
treat disease OF the eye unless the opera
tor understands chemistry" The learne'
Judge clearly believes that his question
is a beautiful illustration of the reductl
ad absurdain, he evidently chuckles as h
renders this supposed solar plexus blow
and thinks us hors dc combat. Let us see
AS far back as 1925 Ebersbach, Lanzonl
and Ghol called attention to the ,connec
fion between the uterus and the car
recent times, the same observations hay
been made by Scanzoui BENIN, Gelle, Bara
toux. and others. 1T is known that di:
turbances of hearing or permanent in
pairment of it may occur during pregnanc
aud affo,, na III 1iritiau - polItZpr And ever