New-York tribune., 1913-12-25
HOPES TO SOLVE
PROBLEM FAVORABLY
Will Ask Courts to Restore
Physician to His Former
Position as Last Resort.
MEDICAL ACT GOVERNS
Any Attempt to Tamper with the
State Statute, 1t Is Said, Will
Meet Strenuous Opposition.

The Medical Society Of the County
n, New York is confronted with the
6isagreeable duty Of opposing the right
~ DR.. William j Morton TO practise
medicine in this state.
DR.. Morton. who served term in the
,edsrsl prison at Atlanta after a con-
viction for misuse Of the mails In con-
nection with mining frauds. was on De-
csmber 10 pardoned by President Will
.on for the express purpose OF restor-
.ng the aged physicians right TO prac-
Use his profession.
The words that he may resume his
orsctice Of medicine" were written IN
The rardon. II is contended that the
medical law Of this state is so rigid IN
i,s nrovisions that it automatically de-
fea,s the object intended by the Presl-
sent's pardon. Section of the medical
law provides:
Nor shall any person practise under
this act who has ever been convicted
of 2 felony by any court, or whose au-
,hority 10 practise is suspended or re-
yoked by the Regents on recommenda-
,ion NJ tho state board. The conviction
81 a felony shall include the conviction
Of any offence which. Of committed
within the State OF New York, would
constitute a felony under the laws
thereof
Board Of Csnsors to Act.
The matter is now under considera-
ton by the County Medical Society
and is expected to be determined at
The next meeting Of the Board OF CEN
sors. II is a matter Of regret to most
of the members Of the society who are
interested in DR.. Morton's unfortunate
position and would be glad TO see him
regain his right 10 practise.
II is said that one or two Of the more
prominent officers of the society are
working in the hope Of solution OF
the problem that will result favorably
TO Or. Morton.
DR.. Morton realizes the disability.
and his attorney. Joseph II. Choate,
jr.. has been in frequent consultation
with the officers of the society since
the pardon was granted. II is under
stood that an effort is being made TO
find some way out Of the difficulty
without skiing the courts TO restore
Dr. Morton 20 his former position.
II is understood, however. that the
society feels that the only way in
which the question can be decided is
some action in the courts, and it has
been suggested that a test case might
be arranged by the attorneys for DR..
Morton and the counsel to the medical
society.
A pardon by the President has never
been feature in an application for the
restoration Of a physician convicted of
a felony. There are two cases in the
state courts where a pardon was
granted by Governor Dix, but both
these men lost, the contention Of the
County Medical Society that a pardon
while restoring the rights of citizen
ship did not include the right to prac-
tise medicine. being sustained.
May Amend Medical Law.
II was intimated yesterday that an
effort might be made TO amend the
state medical law so as to remove the
difficulty. The law is said TO be one
that was not intended TO operate as
harshly as in DR.. Morton's case.
DR.. John Van Doren Young, secre-
tary Of the County Medical Society,
said that any effort to tamper with the
present law would meet with strenuous
opposition on the part Of the profes-
sion. and he hoped that DR.. Morton, for
whom every one in the profession had
The best wishes. would find that the
question could be solved in some way
that would still leave the law as 1t is.