The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1916-04-04
ATTORNEY RULES
that 0STEOPATh
IS NOT ELIGIBLE
DR.. Shannon is Hired at Salary of
$500 Per Year; Physician
Last Year.
ACTION AT FORMER 1s-z =
MEETING REcoNsIDfnxD
City Heads Unanimous IN Ac6on;
State 0steopaths May Test
Action. -
ACTION AT FORMER s..-zszz
MEETING RECONSIDfnxD

AS result of the opinion of City
Attorney Russell requested by the
city council on the appointment of
DR.. F. J. Darragh, an osteopath, as
city physician, the council last eve
ming reconsidered the appointment of
DR.. Darragh and DIR. E. A. Shannon,
city physician last year, was hired
at $500 for city physician and health
officer for the ensuing year.
The action of the council was un-
luminous.
May Be Tested.
Their action may result in a test
case. This was the first time that
an osteopath was appointed to the
office of physician in the state and
state osteopaths may bring test
case to prove that they are eligible
to the office.
The opinion of City Attorney Rus
sell is as follows:
Section SO of Chapter 4, Charter
of the City of Bemidji, provides that:
| The health department shall consist
of three members, one of whom shall
be a physician, duly licensed to prac-
tice medicine within the State 69
Minnesota, of good standing in his
profession, and who shall have been
in practice for at least three years.
who shall be called health officer
Not in Charter.
1T will be seen from the fore
going that this officer is entitled to
salary as we'll as any of the cleo
| tive or appointivet Offices to which
a salary is attached, and the method
of allowing it to 60 to the lowest
bidder, is to say the least, an inno-
vation, not sanctioned by the char
| ter, and puts the care of the sick
poor and dependents as well as the
preservation of the public health on
very low plane.
II fully understand why this was
simply to take the burden of
making a selection off the shoulders
of the council, from number Of ap-
iplicants.
"The call for bids in response to
which DR.. Darragh's tender was re-
lceived, informed all physicians that
1.-The duties would be the regular du-
lties of health officer and as city
physician to take care of the worthy
poor of the city, it's paupers and
other duties required by ordinance,
said physician to furnish the neces-
sary medicines, bandages, convey
ances, etc.
"While the wording of the call for
bids is somewhat ambiguous, In that
it says taking care of the worthy
poor of the city, etc. and furnish
ling necessary medicines, bandages,
etc. which might be done by any
llayman, the words, city Physician
has a we'll understood meaning-the
medical attendance on and treatment
of the city poor.
I'm the proposal Of DR.. Darragh ne
agrees to furnish such bandages and
Isupplies as the other health officers
Ihave done.'
Duties Twofold.
"The duties of our Health Officer
are twofold. He must, as health Of
f1cer. attend to the sanitary condi-
Itions of the city, the prevention OF
lepidemics, the quarantining Of COM
Imunicable diseases, etc., and as city
Iphysician he must prescribe for and
Itreat the poor and dependent Of the
city.
$50 far as the first part Of his du-
lties are concerned have no hestita-
ltion in saying that DR.. Darragh is
leligible.
| "As to the second proposition, DR..
IDarragh belongs to the school known
las osteophatic and the title of phys
lician' has been extended to practi-
Itioners of this school. A phys
lician' is variously defined to be 'one
lskilled in physic,' a doctor OF med
Iicine,' a person who has received the
degree of doctor of medicine from an
incorporated institution 'one law
fully engaged in the practice of med
Iicine.' 49,
"The Horton Law Sec. 1894,
lStatutes of MINI. 1913, says the
|practice of osteopathy is hereby de-
|clared distinct from that of medicine
or surgery within the meaning OF the
law, but with respect to the control
of communicable diseases, osteophatic
physicians shall be subject Of all 10.
cal and state laws and regulations
that govern other physicians. and
CONTINUED On Pags u
80