Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-28

have been added to the existing boards,
the courts have held that o3teopathy
was simply one form Of the practice Of
medicine.
The absurdity and utter Inconsistency
of such a situation is apparent, the en-
tire fallacy from scientific standpoint,
lying in the confusion by courts, lawyers
and legislators of therapeutic measures
and systems of practice with so-called
| schools of medicine as well the
equally common absurdity of restricting
ones conception of the meaning of the
| term practice of medicine'-whieh has
been adopted as a convenient phrase to
| describe the work of those who care for
| the sick-as being limited 70 the admin
| stration or use of drugs This fallacy
arises from the fact, that, in the popu-
| lar mind the most obvious means used
| fer treating diseases has gradually come
| to stand for not only the entire system
| of treatment but also for the entire
| mass Of scientific knowledge.
| From a legal point of view, the alb
surdity of sectarian legislation lies
in the establishment of two standards
of requirements for the same privilege.
| The state in the exercise of its police
| power to regulate or restrict occupa-
ltions. professions and trades requires
! that each individual desiring to engage
| in the work of treating the sick, must
| present certain qualifications and must
| satisfactorily pass an examination test
of a certain standard. Such stand
ard of qualification having been es-
Itablished it is plainly inequitable
for the State to adopt a law admitting
individuals to the same privileges on
a lower basis of qualification, since
such favoritism constitutes class legis
lation and is clearly unconstitutional.
In other words there is no more legal
Justification for two standards for the
practice of medicine in any state than
there is for two standards for the
practice of law. nor has a state any
more right to recognize sectarianism
in medicine than it has to recognize
seetarianism in the legal profession, or
in religious matters. We can easily
conceive of the reception which would
be afforded an individual who would
present bill in any of our state
legislatures asking that a certain sect
or class of men, unleafned in the law
and unrecognized in legal circles, be
| authorized To practice law, to appear
| before the courts and to exercise the
| rights and privileges of attorneys with
| one-half or two-thirds of the intellect
| ual and technical training required by
| the bar association of the state. Such
| a bill would he laughed out of the
| legislature, even if any member had
| the temerity to present IL. Yet this IS
| exactly the situation which sectarian
| medical laws create, so far as state
| recognition of medicine is concerned.
| The reason why state legislatures
lhave committed absurdties along
| medical lines which they would not
| tolerate for moment on legal sub
| jects. is that the majority of the MEM
bers of the legisla ture are informed
on legal questions and consequently
| can legislate intelligently, while on
medical subjects they are entirely I'M
| informed and are consequently mora
| easily influenced BY their prejudices
and personal relations
Whatever legislation we enact, let
| us enact such laws as will tend to
| elevate the standard of medical legis-
lation rather than down IT.
I second the motion of Senator Pat
ten to adopt the minority report.
/ IA L tlp llpl 18Th ~ t'iht
up any more time of the Senate, but l
do not feel as though | could allow
| this opportunity to pass without re-
turning my thanks for the interest and
admiration expressed for the medical
profession by the senators from Aroos-
| took and York, and l would Just call
| their attention to this fact that while
| they may display learning and know1-
edge here in the law, that the medical
! ! rofession probably has better idea
| f their own requirements and wants
than a lawyer can have, no matter
/ low skillful he may be in his profess
| son.
| This law that l have advocated to
| You is not a new law. as you would
| gather from the senator from York,
| Tut it is already inaugurated in the
| state of Massachusetts and is working
| to the satisfaction of all, l am told.
| Mr.. HERSEY: Mr.. President. l just
| wish to say this. / think that the
senator from Hancock, DR.. Patten, and
the senator from Cumberland. DR..
| Mouton are little mite too much
alarmed about their profession getting
harmed if the osteopaths. who do not
claim to be physicians of their school,
| who do not administer medicine inter-
nally. who do not do surgery, are going
to affect their profession. | feel they
are unnecessarily alarmed. MIR. Presi-
dent. and in their alarm are asking
Representatives, of the osteopaths
Now an osteopath may be just as
| learned as he possibly can be in his
! own school and yet he cannot take
| that examination. 1t would be an inl-
possibility to do it unless he learns
| YOUR school of medicine.
! Now because. Mr.. President the
governor appoints trial justices who
| hear and decide cases. it does not
| affect the practice of law. No lawyer
| is beittled because some trial justice.
who is not lawyer, hears and de-
ciies cases. or because "a layman draws
a deed. They cannot pass the examin-
alton. are not expected to. and yet
many of them are trial justices and
some are judges of municipal courts
who could not pass a bar examination.
| Now here are certain persons who
, claim some efficacy of treatment
whereby they massage the human
n H.