Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1914-06-05
HIS LICENSE HELD VALID
so SAYS ATTORNEY GENERAL
IN DR.. TOEL'S CASE.
Opinion Is Rendered at Request Of
Physicians Attorney-Opinion
Given in Brief

Two weeks ago, the city council or
dered the auditor and police Judge to
enforce the ordinance requiring a IL
: cense fee of $3.50 per day from all
itinerant physicians and doctors DR..
Toel who had located in Dallas and
treats by electricity, was named as one
who would come under the provisions
Of the ordinance. Monday night, at
the regular meeting Of the councn,
I Walter Il. Tooze, Jr., attorney for DR..
Toel, appeared before the council and
!, made the statement that the ordinance
was invalid, setting forth his reasons.
In this contention, he was supported
by City Attorney Ed. f. Coad The
council will abandon this ordinance
opt new one covering the
subject matter. At the council meet
ing held two weeks ago, it was stated
that the State Board held DR.. Toel s
license to be invalid. This was in
answer to statement made to the
council by Judge Gregory that DIR.
Toel had a state license and had ex-
hibited it,
In view of this statement concern
ing DR.. Toel's license, Mr. Tooze wrote
the attorney general, setting forth the
facts Of the case, and asking his
opinion. According to the opinion of
the attorney general, DR.. Toel is a
duly licensed physician and surgeon
under the laws of this state, and his
license, issued in 1889, is valid and eff
fective.
In 1889 law was passed creating
a State Board of Medical Examiners,
and providing for the licensing of two
classes of persons: Those who passed
a satisfactory examination, and those
who presented satisfactory diplomas
from reputable medical schools. The
law excepted from its provisions
physicians and surgeons who were at
the time practicing in the state, re-
quiring these physicians and surgeons
to register with the county clerks of
their respective counties within sixty
days after the passage of the law
In 1891 another law was passed
amending the law of 1889, which re-
quired all physicians who had regis
tered with the county clerks under
the provisions of the law of 1889. to
file an application with the clerk of
the State Board of Medical Examiners
to have their names placed upon the
roster of the State Board, within
ninety days after the passage of the
act. In 1895 law was passed COW
ering the whole subject matter of
licensing physicians and surgeons, and
creating new Board of Medical Ex-
aminers, and repeating all prior laws
on the question. However, the law of
1895, that being the law in effect to-
day, contained the following proviso:
Provided, that all persons who have
been regularly licensed under hereto
fore existing laws of this state, and
having complied with the provisions
thereof, shall be taken and considered
as licensed physicians under this act,
and the secretary of the Board herein
provided for shall enter the names of
such persons upon the register kept
by him, as licensed physicians and
Passing upon the questions as to
whether physician or surgeon hold
ing license issued prior to 1895 shall
make application to have his name
placed upon the register as provided
for in the above proviso within any /
certain time, the opinion of the at
torney general reads "No time limit
is placed upon the application of
any person holding a license issued
by a previous board, to have same
by the now existing board.
In the absence of such limitation, |
beg to advise you that it is the opinion
Of this office that the applicant in
lrastion would be entitled to have
MS license issued in 1898, recorded
under the provisions of the chapter
lbove quoted. 1t may be that the law
IS faulty in this respect, in that it
ioes not require the application for
'ecord to be made within any reas-
,nable length of time, but as it
stands, at the present time, by opinion
5 as above indicated.
DR.. Toel came to Oregon in 1889,
md Immediately presented his di-
,loma from Zuric University, Zuric,
to the board, and receiv-
ID license under the seal of the
hen existing State Board of Medical
Examiners. As he did not come with
n the provisions of the laws of 1889
md 1891 referring to practicing ply
icians registering with the county
Jerks, the time limit set forth in
he law of 1891 of ninety days did
Iot apply to him, and therefore he did
lot have TO make any application in
S91 TO have his name placed upon
he roster
In view of this fact. and in the 70
light of the opinion of the attorney
the license issued to DIR.
'Oel in 1889 is valid and effective.