The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1912-04-05
DECISION IN TEST CASE

UNFOLDING the Idaho state hoard
OF medical examiners and clearly de-
ming that 1t has the legal discretion
10 determine whether the applicant
shall be licensed to practice medicine
without an examination, or NAV be
required to pass an examination for
issuing a license to him, the supreme
court in decision handed down at
Lewiston in the case of Clark A. Bar
ton versus J. F. Schmershall ct al.
constituting the state board of medi-
cal examiners of Idaho, orders that
the motion to quash the writ of man
date, petitioned for by Dr.. Barton to
compel the board to issue him a H.
cense, should be sustained The opin
ion is written by Chief Justice Stew
art and concurred in by Justice Sulli-
van and Justice Ailshie.
DR.. Barton, a Canyon county ply
sician, applied for license from the
state board Of medical examiners to
practice medicine in this state and in
support Of his application produced a
diploma showing him to be graduate
of the Bennett Medical college of Chi
cago and certificate showing he had
passed the medical examination Of the
state of Arkansas. The Idaho state
board of medical examiners refused to
issue the license on the grounds that
it did not have medical reciprocical
relations with Arkansas Barton ap-
pealed to the supreme court for writ
Of mandamus compelling the Idaho
board to issue the license. The state
moved to quash the writ and the SUI
preme court sustained the motion.
Unusual interest is conferred in the
decision of the court over the out
come of this case as it was looked up
on as a test case.
The syllabus of the court in part is
as follows:
Under the provisions of an act ap-
proved March 3, 1899, laws of 1899,
p. 1872, entitled AN act to regulate the
practice of medicine and surgery
within the state of Idaho, -
discretionary power is conferred upon
the board of examiners to- determine
the questions of fact presented by an
applicant for license, and the board
may either grant or refuse a license
according to the judgment of the
board.
"The legislature of this state has
the power to regulate the practice OF
medicine and surgery within the state
and in doing so, the legislature may
| require applicants to practice medicine
and surgery to pass an examination
under the supervision of an examin-
ing board, and such board may BIZ
| given power to determine the quail
6cations of the applicant to receive {
license, and the action of such boare
may be reviewed only in the manner
and for the purpose provided by thu
statute,
In his opinion Chief Justice Stew
art says:
ITO sustain the position of the
plaintiff in this case would mean tina
upon an applicant for license making
oath that the examination given him il
another state was by similar boart
and was similar in scope to that re
quired by the law and the rules of tn
board of this state, and that the med
ical college from which he had re
ceived his diploma was a medical col
lege in good standing in the stat
from which he had received his Ger
tifcate of registration, and woul'
mean to hold that the opinion of tn
applicant upon such questions was su
perior to that of the board Of exami
ners of this state, and that the PROV
sions of the statute made | mandator
| OF inc UoIIu W Az uPoh S"~" app
caion and issue such license notwitl'
standing the fact that the board wer
satisfied from evidence and knowledg
| they possessed that the applicant ha
not been examined by a board simila
| in power or authority and under tn
same requirements as those present.
ed by the laws Of this state; and tbs
the medical college from which tn
applicant holds a diploma was met
ical college not in good standing
the state from which the applicaI
had received his certificate"
CALDWELL-NAMPA