Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-09-20
IOWA LAW DEFECTIVE
Senator Courtriyht, Attorney For DR..
w. II. Smith, Shell Rock, Who is Be-
ing Tried For lncompetenoy, Says
Something Should be Done to Grant
Medical Men the Right of Appeal.

Special to Times Republican.
Des Moines, Sept. Ex-senator O.
b. Courtright has created great interest
IN medical circles particularly, by de-
claring that tho laws of Iowa in respect
20 the power OF the state board of
health, are unconstitutional. in that
they grant to the board the right to
decide cases from which there can be
no appeal. Senator COPYRIGHT is coun-
sci for DR.. w. II. Smith. the Shell
Rock doctor, charged with incompe-
tency, and who is now on trial before
the. state board of medical examiners.
Courtright's views were expressed to
that body in the following language:
1.-THE laws Of Iowa, making the board
of medical examiners the highest tri-
bunal from which there is no recourse
by physician whose certificate is re-
voked by them, is unconstitutional,
and something should be done to grant
medical men the right of appeal Ev-
cry state in the union with the excep-
ton of Iowa and one other state. grants
the right Of appeal when the certifi-
cate to practice is revoked by the
board The state of Iowa never has
had such a law"
Senator COPYRIGHT is said to have
ambitions to present a measure before
the next general assembly, asking that
an amendment be passed by that body.
ha rio nF 4
from the decisions Of the board of
medical examiners. 1t is claimed that
the prosecution of DR.. Smith really is
the outgrowth of a schism among the
physicians of Shell Rock, which has
been developing more or less virulent-
ly for several years. The complaint
against him was made by IL number of
the townspeople of Shell Rock, includ-
ing Mrs. George e. Taber, Rev. o. r.
Remking, Myrtha /. Lyon, v. l.. Olney,
Jay F. Smith, Rev. c. III. FL. Moore, DR..
O. p. Thompson, Rev. j. Il. Marvin.
J. j. Sharpe, superintendent of schools;
Erie Collins, +. e. Thorpe, II. NJ Rem
ington, Charles Austin and w. III. Nc
Gregor.
DR.. Smith was formerly health Of
ficer for Jefferson township. He is
accused of being incompetent to prac
tice medicine, in that he did not know
cases of scarlet fever and smallpox,
when called in as the community
health officer, the specific instances of
this incompetency being set forth i'll
the complaint which it the basis of the
present action looking to the revoca-
ton of his certificate. The state board
of health, however, says that the OBJ
iections to Dr. Smith run back for
several years. They say that in 1901
he failed to diagnose diphtheria. He
took down signs placed up by other
physicians, acting as health officer, it
is claimed, even in the face of micro
scopical examinations at the State
university showing the prevalence of
diphtheria.
In 1904 It is claimed that he failed
to diagnose smallpox in Jefferson
township, Butler county. The local
board of health, it is claimed by the
state board, followed his advice, and
refused to enforce quarantine. DR.
Powers, of the state board, then took
the matter in hand. appointed DR.. A. L..
Strout to be health officer, and under
his direction the epidemic was
stamped out.
This case was tried in June before
Judge Give and a decision was hand
ed down about ten days ago, sustain
ing the action Of the state board.
Then came this Shell Rock trouble
last May. when there was almost civil
war at the little burg, and the subse-
ouent prosecution of DR.. Smith.