El Paso herald. (El Paso, Tex.) 1901-1931, 1912-04-08
SUPREME COURT
IN COLLINS CASE
Full Text Of Recent Decision
Of Interest in Arizona
at Present.


fun opinion of the United States SUI
preme court in the case OF Dr. ira
Collins of this city, which has Deeh
sent to The Herald by f B. ElIeTs'
special counsel for the state IN the
proceedings in the county court OF II
PasO county, will be OF interest In DOIh
the new states. where similar queS-
tions may arise. Mr. Justice Holmes
delivered the opinion OF the court aS
This is a writ Of error to the Texas
court of Criminal appeals upon Juos
ment denying the plaintiff IN error d
release by habeas corpus. The pam
tiff in error is held upon an ln1orma-
ton charging him with pracIlcluS
medicine for money by treating
named patient for hay fever by OsIeo-
pathy, without having registered ms
authority as required by a IeHas stdt-
ute Of 1907, c. 123. He denies the
constitutionality of the act
The statute establishes a BOARD OF
medical examiners and requires all le-
gal practitioners of medicine IN TINS
state, who, practicing under the pToVls-
ions OF previous laws, or under uIplO-
mas of a reputable and legal college
Of medicine have not already received
license from a state medical exam
lining board of this state TO prove
their diplomas, or existing license, OF
exemption existing under any laW'
whereupou they are to receive YER
ification license. (Sec.> 81 BY section
Z, applicants not licensed under sec
ton g, must pass an eXainlIlat loll'
conditioned among other things on
their being graduates Of BONA Ilde
reputable medical schools; to De con-
sidered reputable whose entrance re-
uufrements and courses of Instruction
are as high as those adopted by the
better class of medical schools of the
United States, whose course or lnstEuc-
ton shall embrace not less tnan Iouf
terms of five months each BY sec
ton 9 the examinations are to be lalE
of q
conducted on the scientific branches u
medicine only. and are TO lnclude ana
tony, physiology. chemistry, hlstoloSy'
PATHOLOGY. bacIeriOlOgy. physical dag
nOsis. surgery, obstetrics, gYnecoIosy'
hygiene and medical JurlspruoehCe-
Those who pass are TO be granted IL
censes- to practice medicine by seCtlOh
10 nothing in the act is 10 De con-
srrued to- discriminate against any
particular system. and the act IS not 70
apply TO dentists legally registered ana
confirming themselves 10 dentlslry'.
nurses who practice Only nursing
rnasseurs or surgeons of the United
states army, navy, etc. IN the per
Torrance Of their duties
The only other material sections OF
the act are sections Is and II, the 1Or-
ner of which declares that any per
son shall be regarded as praclIcln5
medicine within the meaning OF inns
act 90 or who shall treat or oILeE
IN treat any disease or disorder, men
tai or physical, OF any physical de-
formity or injury. by any system OF
method, or to effect cures IhereoL anu
charge therefor, directly or lnolIectlyI
money or other compensation by
Section Il any person practlcing med
icine in violation of the act IS pun
ished by fine and imprisonment ana
is not to recover anything Tor the
services rendered
TIFF in error are admitted. II also Is
admitted that before the passage OF
the statute he had spent So,UOO IN NJ
ting up his place. ana was usI4N- ls .
net income from his calling OF at least
the same sum. He held diploma from
the chartered American ScnoOI OF Us
teOpathy, Kirksvllle, MlssOurl' aILet q
fuII Two wears course OF study there
bur fl does not appear that he pre-
scented this diploma to the BOARD OA
medical examiners or attempted 20 Sc
cure either a VeriflcauOn incense u
license in any form The BOARD, II
Dassiug upon qualifications, does NOT
examine in therapeutics or hdIsILa
mediCa, which, II viii be observer, al
not mentioned in the act On tnese
facts we are Of opinion that the pam
TIFF in error fails to show that tho
statute infliCts any wrong upon IN
contrary 10 the Fourteenth amendment
OF the Constitution OF the Onlteu
states If he has not suffered we are
NOT called upon 10 speculate upon Olner
cases or to decide whether the LoI-
lowers of Christian science or olneI
people might in some event nave cause
TO mpla1n-. -. -,
We are far from agreeing with the
p1afutfff in error that the definition OF
practicing medicine in Sectlon 10 -
arbitrary or irrational but II Woulu
he fr7r1aterfal II il were, as It's only o.
iect is TO explain who fall WITHIN Ih9
purvfew Of the act. That II does, anu
of course we follow the IeNaS court ~
its decision that the plalnlII IN eIEOL
is included II is true that he ooes
not administer drugs, but he practlceS
what at least purports TO De the he 59I-
ing art. The state COhst4tu tloil-i-J
may prescribe conditions 70 Sucn praC-
rfce considered by IL to be necessary OF
1reafr1 IN secure competence IN those
who follow it. We should presume
until the Texas courts say oIneI -
that the reference in SecuOn 70 tLIS
diploma OF a reputable ana legal COZ
1ere of medicine and the cOnnnlng N
section Z of examinations TO grauuales
of reputable medical scnoolS' vs. -
words medicine ana medical win 10
same broad sense as Section 10, anu
that the diploma Of the platntlrI IN er-
ror would not be rejected mercy De
cause IL came from schooI OL
pathy. In short, the statute SAYS mat
If Won want to do what II cans " a.
tfciDr medicine. YOU must have gone
TO q reputable school In thal AlAu u
practice Whatever may De me % ~,
Dathic dislike Of medicine, nellneI tL9
school nor the plaintiff IN error SUI
fers a constitutional wrong II ms
place Of tuition is called meulca ca
school by the act for the purpose o.
showing that IT satisfies the sta JuoIy
requirements. He cannot say that Il
would not have been regarded as ~
ing so. because he had not tired D ,a.'
VS. West Virginia, 129 T. ) IL; - -;
An osteopath processes. the plal pam y.
in error processes, as we unoers iaIlu ~ ~
to help certain ailments by sclehtl Ll
manipulation affecting the nerve CSu-
ters 1t is intellibible, therefore, Ia
the state should require OF HON a seen seen
tffic training. Dent vs.. west II slllS'
129 u s. ia Watson VS.. Mary anu
21S u S. I13. He. like others, mus
begin By a diagnosis. It IS no ans v, sI
TO saw that in many instances the olas
nosfs is easy-that man knows
when he has a cold or tooInaCue.
For a general practice Science Is
needed. An osteopath undertakes 10
he something more than nurse OF d
rnassuer, and the difference resls ~
cisely i'm a claim to greater sCIeI le'
which the state requires hlm 70 pIOf.sS.
The same considerations thSt Jus ~ ~
including him justify eXcludlng tH l,
lower grades from the law ~ W d t 81
vs.. MARYLAND. 21S Z. S, 1tS, Ils, ioU.
Again. ii is not an answer 70 say ia. Sss
the plaintiff in error is prose- teu IL