The Rock Island Argus and daily union., 1922-02-25
CLAIM OPINION
FAILS TO CLEAR
CHIR0 STATUS
Justice Farmers Decision Studied
+, With Disappointment by States
Attorneys Offiee.

Status of the medical practice
acts in relation 10 chiropractlc
seems not determined in the opln-
ion of Justice Farmer, who review
ed appeal from the circuit court
decision in this county. He sus-
tains the action OF the Rock Island
court in dissoIVing the injunction
against the chiropractors, but pass
ed over the question as TO whether
or not the unconstitutionality OF
certain provisions OF the act OF
1917 rendered the entire act invalid
and thereby reinstated the law OF
1899. Copies of the Justices opln-
ion were received today by H A
Weld, who, with Frank Winter, La
crosse, Wis, represented the chiros.
The attorney general contended
that when the act of 1917 was de-
clared unconstitutional, the act OF
1899 became the law of the state.
On this ground the court held the
entire medical act invalid, which
included the repeating clause, and
in effect there was no repeating
clause and the 1899 act would stand
as if the 1917 law had not been
passed.
By this it was claimed the al
legged conspiracy of the Universal
Chiropractors' association to yio-
late the law is directed against the
act Of 1899, the same as against the
law of 1917. On that point the
opinion reads:
1T is unnecessary to determine
whether the provisions of the act OF
1917 held unconstitutional rendered
the entire act invalid"
The point which the attorney
general and the director of regis
tration and education was most de-
sirous of having cleared, is still
confusing, according TO view of the
states attorneys office
Early Reports Wrong.
The news reports from Spring
field relative to the opinion were
misleading and erroneous. Based
upon these the day the opinion was
announced, States Attorney Ben S.
Bell expressed satisfaction over the
fact that the court had settled the
issue with reference to the acts,
which, he said, had been confusing
to all concerned. Today, however,
he is convinced the opinion passes
over that point with the statement
that it is not necessary to deter
mine which act applies.
The court says that what the Chi
ropractors are doing is not men
ace to the public health, morals,
safety or welfare, and on that
ground the bill was properly dis
missed"
The state did not stress this is
sue in its bill because it was felt
this issue had been largely deter
mined by opinion in which the med
ical act of 1917 was declared un-
constitutional in a case that went
up from another county. 1t did,
however, argue strongly against the
dissolution OF the injunction re-
straining the chiropractors from
joining the Universal Chiroprac-
tors association, which it was COM
tended was for the purpose of cir
cumventing the law by hiring of
lawyers for members arrested on
charge of violation of state laws
and for paying fines when these
were convicted.
Inc Two Medical Acts.
After reviewing circumstances
and facts of the case, Justice Far
mer wrote: HThe theory of the bill
is that the conduct of the defend
ants amounts to nuisance, which a
court of equity will enjoin; that de-
PENDANTS are maintaining an or
ganiZation for the aid of those be-
longing to it who are violating the
law and propose to continue such
violation"
A later case, the court quoted,
"held that qualifications required
and licensing of chiropractics and
held them unconstitutional and in
valid. 1t was said the statute re-
cognizes it is a useful and legal
of treating human ailment."
Concluding his opinion, the JUS
tice wrote, even if the entire act
of 1917 was rendered invalid by
the court and the 1899 act is in
force, all the bill alleges appelIees
propose to do is TO continue to prac-
tlce without license, which would
be mlsdemeanor for which pun
ishment is provided and an ade-
quate remedy at law exists. Posi- |
bility that many persons will vio-
late the law and many suits will !
be required to enforce it does not |
relief by injunction"
But the prosecutors feel they |
have been left in the dark as to !
what the law is by which violators
can be prosecuted