Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-04-19
OSTEOPATH BILL
VETOED GOVERNOR
CALLS IT UNJUST
Attorney-General Wilson Says
Measure Is of Question
able Legality.
Especial to the Newark star.l

physicians under the law. With his
veto he filed the following memoran-
dunn:
This bill is known as the medical
bill, drafted for the purpose of placing
the osteopathic physicians under the
law. and to insure the regulation OF
thai school in conjunction with the
several schools of medicine o regu-
lated by the act approved May %, 1894.
The bill before me is technically drawn,
and l am advised by the chairman OF
the legislative committee of the State
Medical Society was. as originally in
troduced in the Assembly, drafted by
the three schools of medicine now regu-
lated by the act of May 22, 1894. The
o%steopathic physicians were not, &C
cording to this statement. consulted or
conferred with in drafting the act I'M
der which it was proposed to place
them. When the original act was
drawn in 1894, providing for the licens-
ing of allopathic, homeopathic and
electic schools, it was, as l am in
formed, drafted after conference with
representative men of the three schools.
Personally 1 have no knowledge, of any
of the schools of medicine that is SUI
p6T1OI lO lAd VI Ill " 10y
zens who are not of the medical pro-
fession. I believe in the proper regula-
ton of all schools and in a reasonably
high standard of preliminary educa-
tional qualifications. These are essen
tia to the protection of the people of
the State from all kinds of imposition,
and the profession itself from incompe-
tent members.
"At the hearing given by the execu-
tive on this bill, which was held in
the executive chambers on Monday,
April II, I requested the attorney-gen-
eral to sit with me, that l might have
his disinterested and official advice as
to the justice and legal effect OF the
provisions of this bill. He was re-
quested on the day after the hearing
to prepare an opinion as to the bill and
submit his conclusion to me. 1t was
my purpose to be guided largely, if not
wholly, by the result he should reach.
He was not adversed as to my views
upon the matter. We had no confer
.ence upon it. His opinion has been re-
.ceived. and in it ] fully concur. 1t is
against both the justice and legality
of Assembly bill 156, n for the rea-
sons given by him L have withheld my
approval of it,"
The Governor also made public an
opinion, written by Acknowledgement
Edmund Wilson, which, in part, was as
follows:
THE purpose of the act seems to be
the regulation of the practise of osteo-
pathy. For all other the
present law constituting a board of
medical examiners seems to be ample.
.-o tNaraforo raneiIAraI tha XIII IN
view Of what I believe to be it's pur-
pose, and while l do not believe the
bill to be without considerable merit it
seems to me at the same time to be ac-
companied by Objectionable features,
which would render the beneficial effect
Of the act. if approved. more than
doubtful.
"The act provides for the appoint
ment of a board of medical examiners,
consisting of ten members, which shall
consist of five old-school physicians,
three homeopathic physicians. one
eclectic physician and one ~osteopathic
physician. The o~steopathic school, for
the regulation of which this bill is pro-
fessedly designed, would have, under
this method Of arrangement, but one
representative upon the board.
Section 4 of the act provides that nc
person shall practise medicine or sur
gerry in any OF its branches in this
State until he or she shall have been
granted a license. upon examination,
by the State Medical Examiners, except
for a proviso hereinafter discussed. No
licenses have heretofore been granted
to osteopathic physicians, and this pro-
vision, therefore, would render illegal
the operations of any osteopathic prac-
titioner in this State. unless he or she
should be licensed as provided by the
act. To render all o~steopathic practise
Illegal after August ! next, by the APP
proval of this act, would, in my judg-
ment, be an injustice to many reputable
osteopathic practitioners. l DO not be
heve that necessity warrants an in>
Justice to ~osteopathic physicians who
are qualified to practise their profess
sion.
1.-THE requirements for examination,
which would apply to every o~steopathic
practitioner in this State were the pres.
emit bill approved, might be subject to
no criticism were they to be applied
only to those applicants for license who
can make their preparation for this
examination with these requirements
in view.
Moreover, it would seem that the
bill creates two distinct classes Of
o~steopathic practitioners. First. those
who are permitted to practise upon
presentation of certificate and without
examination before the first day oil
August, 1910, and. second, those who
submit themselves for examination ir
due course.
The first group of practitioners. by
the terms of the act. are not permitted
to sign birth and death certificates, MOI
are they allowed to prescribe any drug
use any serum, etc, practise the
simplest surgery or attend infectious
contagious or reportable diseases.
THE second group, constituted Of
those licensed under this act, after ex
animation, will be authorized to prac.
tise medicine n surgery in al
branches as fully as any other ply
stefan, yet under the provisions of the
act those licensed without examination
equally with those licensed after ex,
animation, may style themselves doc
tors of ~osteopathy, and may hold them
selves out as such in the communitie.
where they seek to practise withou
any differentiation apparent to thu
public as to the limit or extent of theil
powers. Not only is such a method o
classification unsafe and confusing, but
1t seems to me, of questionable legality
Some provision should have been in
serted in the act by which the genera
public might be advised as to the ex
tent of the authority and powers of tn,