The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1911-04-15
THE EIGHTH DECISION

THE EIGHTH DECISION
The next case was that Of state er
r"l thompHpn Va Stale Board OF Den
a. kFamineru. - Wash. zsg. ana the
opinion IL hY Mr. Justice Grow Thofnp-
ann claimed the right 90 be examined
because he had practiced ten years aud
hAd served his apprenticeship under a
pfcce ptor IN British Columbia and thaf
he vas a qualified Dentist Thnususon
presented his case 20 our courts slth
much care. labor and expense but our
court seems unable or unwilling 10 90
into The question. because. again the
court lays down the law as follows.
THE RIGHT TO DETERMINE WHAT
kfat fREMFNTs MIST BE MKT BY
~ AfPIitANT II WITHIN THE ~
II .INE POWER OF THE IEGIsIa-
TORS II appears evident that our
supreme Court has never considered
THIS phase ~ the Dental Law. because
W the right TO determine what re-
auircnienfs mast he met by an hppII-
rant IL within the exclusive power Of
the legislature" and the Dental Board
o. exercising this power, and deter4nin-
ing what requirements must be met
b. Dentists. then the Dental Bonrd ~
this state 10 iawless Board when n
cEerciset the power 81 the Legislators
and goes outside % the law 20 exam
ine applicants IN requirements not pre-
scribed BY the Legislature. and the
courts should coufine the Board to the
examination % Dentists IN tho require
ments prescribed hs The Legislature n
THIS rule had been laid down ~ the
court instead Of the rule that "tbe eaurt
would not 70 into the matter Of
whether Dentist has fair hearing
before the board" there would NOT be
a Dental War nor Dental Combine.
THE NINTH DECISION
This decision rurnasses all others.
and while ! am unable to note where
this Identical land Am-importantB aues-
ton Is raised By the attorneys for the
appellant. yet our court decides the
question both ways
Firss-That the state Cthe iegisia-
turel may prescribe qualifications in
which TO examine.
sccond-That the Dental Board may
examine in qualifications prescribed by IT,
This case was state ". Ilttooy. Sc
Wash, 81" decided March 3. 1893 puin-
ION hy Mr. Justice 6ose The court
first holds that Notwithstanding a Den
tist not having diploma may have all
Of the qualifications that dentist may
have who possesses a diploma. yet thu
Dentist without diploma cannot even
be examined. Our court seems 90 rest
content on this point. hu; I'm fact. and
IN Law. by this very decision the court
must acknowledge that tho legal quail
flcation standard for Dentists tn this
state Is not based on skill knowledge
and good morals, bat on the possession
o. diploma. which Is very poor evil
dcncc OF qualifications (The public ne
ccSsitY, health and protection. there
fore, are not the bases Of the Dental
law
Returning now TO the consideration Of
the ninth decision. our court quotes from
the decision OF the Smith case. as fol-
lows:
First-In the sixth paragraph. on
aa 20 a. cnurs. ssIha stat. u,ux
adopt standard for the test Of fitness
TO engage in the work Of what should
he a learned profession"
second-In the seventh and eighth
paragraphs. on page 80. Justice Gose
quotes from the Thompson case and
this power TO adopt a standard is taken
from the state and vested in the Den
tai Board, as follows. "The Dental
Board l. authorized by this act to ex-
anime all applicants for certificates.
To he eligible 60 this examination. the
applicant must possess good moral
character, and present diploma from
some Dental College In good standing.
and give evidence OF the lawful possess
sion Of such diploma" And In para
graph eight we find complete re-
Vcrsal OF the Smith case and all other
decisions on this point. as follows;
'such diploma Is evidence Of the abil-
ity of the applicant TO practice Den
tistry. II il not conclusive OF such
ability, and the Dental Board may.
therefore. provide reasonable rules for
determining the actual ability Of the
applicant" II follows that q is the
Dental Board and not the legislature.
that prescribes the qualification stand
ard for Dentists. and after all. prescrib-
ing Of qualifications Is within the ak
elusive power OF the Dental Board, in
stead OF the legislature as our SUI
promo Court has said Il must be. IL
the power 90 prescribe qualifications
ia within the exclusive power OF the
legislature. and the Dental Board is ex-
ercising this power. the Dental Board
IL the only power that knows what the
standard Is. and what the law is TO be-
the Dental Board is therefore the legis-
laturs for Dentists and the people, so
far as Dentistry is concerned.
You viii note that the court said that
"a diploma il not conclusive evidence
Of Dentists ability" yet 1t Is all that
the legislature has prescribed. and II
the Dental Board, under sanction OF
our court. is allowed TO start IN whore
our legislature leaves OFT and till In
such qualifications and standards as II
secs III, We are not operating under a
OF American citizens are myths iforns
without substancel. The Dental Board.
acting under what Is labeled Paw and
the diota OF court decisions. constru-
ms that law, exercises naked grant
o. arbitrary power. This concludes
ccurt mistakes.
Ny next article will be on lawleSs-
moss ana arbitrary power the essence OF
slavery.
EDWIN ]. BROWN. d. u. s..
Tls First Avenue.
Remember. my offices are Nos 1. 2. $.
T. s. &, Z. s. 3, 10, II, "a. 10, "A. 10 and
"a TO 20 Union Block. over l.. w. suffers
Jewelry Store. and keep open until
evenings and until sundays Tor people
who work.