davidaulloa/AmericanStories huggingface dataset:
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

medical knowledge would otherwise
have denied him. Feldman's appeal
is dismissed.
| Training of Five Poor
''As to the other five appellants,
Campo, Cappola, Lerner, Levy and
Mower, the evidence is clear that
| their preparation and training for
| the practice OF medicine and sur
gerry was poor, initerant and incom-
plete, at the best, and their record
of failures upon the way quite
voluminous. Nevertheless it is to be
borne in mind that it is their good
! faith and not their learning that Is
directly in issue here. II, handl-
capped by circumstances of one sort
or another. as apparently all of them
were in greater or less degree these
young men or any of them has in
good faith, and honestly, met the
requirements of this state, and so
obtained his certificate it is the
more to his credit, and I should be
very loath, by a decision OF mine, to
! deprive him OF it,
While, therefore, | agree with
the states contention that, since the
menace to the life, health and safety
of the public is just as great
through a license to practice medi-
cine obtained through the fraud OF
the eclectic board as through that of
the licensee himself, the reasonable
and proper Interpretation of 1853 IS
is that such fraud by the board war
rants a revocation of the license
Hereunder and l find that there
was such fraud upon the part of the
board in the cases of these five APP
pellants, in the respects set forth
nth, particularly in Part LII OF the
states brief, l am glad that upon
the further conclusions l have
/ reached. my decision does not rest
upon this narrower ground. For II
is my conclusion that there was also
fraud upon the part Of each ana
every one of these five appellants.
"The appellants we'll point out in
their brief that fraud is never pre-
sumed but must be proven. AS IS
clear, however, from Bartholomew
vs.. Derby Rubber Company So
Conn. 531, therein cited, this does
not mean that the court may not re-
sort to the reasonable differences to
be drawn from the evidence to find
such fraud. Such direct evidence OF
fraud assigned to the courts con-
clusion in Feldman's appeal is hard
" to be expected in the cases OF
those appellants whose persplcaclty
is not so fully submerged in brazen
temerity as apparently was here.
Nor is it to be expected that any
appellant will acknowledge any
fraud upon his part, if it existed. 1t
is for this reason that in the ordl-
nary case of this nature, the infer
ences reasonably drawn from the
I evidence often becomes of con-
| trolling importance. Such is the sit
! uation here.
"A detailed discussion of the vol
luminous evidence bearing upon the
differences properly drawn, in the
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

cases of these five appellants, would
be neither feasible nor profitable in
this memorandum The absolutely
disreputable and degenerate condi-
ton and activities of the ST. Louis
college of Physicians q Surgeons Of
which all were graduates the brib-
cry of Hair, the dominating member
of the electic board, by the fake d.
plomas from Alexander of his KAN
sas City school: the cooperation be-
tween Briggs. as proprietor of the
ST. Louis college and Alexander.
and the activities of the latter and
Adcox in and about the eclectic
boards examination sessions, the
sudden increase in st. Louis 'gradu-
ates' taking and passing the eclec-
tic board examinations: the abrupt
migration of Campo. Mower Levry
and Lerner, with some dozen others.
to the st. Louis college from Middle
sex college, in the fall of 1920, with
out apparent reason, although one
at least had paid part OF his Middle
sex tuition in advance and another
had service scholarship there for
the full year; the lack of any ade-
quate two years course in eclectic
medicine; the testimony of Coppola
that he attended st. Louis college
for the four years 1915 to 1920, I'M
til corroborated except by letter
from the fraudulent Briggs, though
his name appears nowhere on its
records from 1924 to 1925; the
copies of fraudulent preliminary
certificates in the names of Levy,
Lerner and Mower, found in Sachs
home file in the raid by the st.
Louis police; the false testimony of
Camp and Lerner in their effort to
cover their scholastic difficulties be-
fore entering st. Louis; the false
swearing as to such matters as place
of birth, preparation and their
school of medicine, upon their ap-
plications to the Massachusetts ex-
aiming board: the resort by the
appellants to nonresident endorsers
and their testimony that notwith-
standing the disclosures as to the St.
Louis college and Briggs, they still
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30
-FOUR ECLEC7ICS
WIN APPEALS IN
SUPERIOR court
CONTINUED From First Page)

license is correct certainly the
plaintiff is not entitled to the equit-
able relief sought.
Judgment may be entered for
the defendants without costs"
Six Taken As One.
Judge Browns memorandum of
decision in the appeals of Campo,
Coppola. Feldman, Levy, Lerner and
Mower follows:
"Of these cases tried together by
order of court numbers 26612 and
26613 admittedly involve identical
issues as to the appellant Feldman
and are SO treated as one case. All
six actions are appeals under sec
ton 1850 of the general statutes
from the action OF the state depart
ment Of health in revoking, pursu-
ant to section 1859. the respective
certificates of registration of the ap-
pellants emitting them to practice
medicine and surgery in Connecticut
upon the written request of the four
members OF the eclectic examining
board, on the ground that each of
the appellants had procured his
said certificate of registration by
fraud.
1.-The decision of each appeal calls
for the determination of two funda-
mental questions: First, whether
the statutory procedure here so fol-
lowed constituted the due process
of law guaranteed by the four
teenth amendment of the United
States constitution. and second
whether the appellant did procure
his certificate of registration by
fraud within the terms of 1858 OF
the general statutes.
TN so far as the first question Is
concerned, it is identical in all six
cases, the same statute being apple
able and the some procedure having
been followed in each case. AS tC
this constitutional question. the case
of Brein vs.. Connecticut Eclectic eX-
amining board, 1913. Connecticut s.
is on all fours with this case. The
court held a. that the proce-
dure followed x was in strict
accord with our statutes and in that
particular the appellant has not
been deprived Of due process of law
and (2) that the statutory procedure
is not so inherently unreasonable or
inappropriate to the end in view as
to involve the deprivation of some
constitutionally guaranteed right
As to the right to a hearing the &C
copied rule is that one hearing be-
fore judgment. If conducted In &C
cordance with fundamentals OF judi
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

esteemed one or both to be reputa-
BILE and inefficient above reproach-
are but few of the significant facts
brought forth for the courts con-
sideration in this connection.
Fraud in School
Upon all the evidence. it is my
conclusion to phrase it in the words
of their brief, that there was fraud
on the part Of the st. Louis college
from which these five appellents
graduated both in its teaching and in
its preliminary requirements for adj
mission: that these appellants had
knowledge of the same, and were
guilty of fraud in connection with
the admission and education there,
and also, among other acts. in OBJ
tanning their certificates from this
state pursuant to their examination
before the eclectic board. The ap-
peals of Campo. Cappola, Lerner,
Levy and Mower are dismissed.
"Lerner's appeal was heard by
agreement as though a general de-
NAL had been filed by the state, al
though the formal pleading had not
been filed at the time of the trial.
If this has not been filed, it should
be done forthwith"
Judge Simpson, in his memorial
of decision says: These are all ap
peals from the state department Of
health upon request of the Connec-
ticut eclectic board revoking the
certificate for appellants to practice
medicine in this state.
AT the opening of the trial, the
counsel for the respondents made
motion that all the cases be con-
solidated. The motion to consolidate
was denied except insofar as the
court ruled that it would hear all
the cases together and would con-
slider in deciding each individual
case only such evidence and testi-
mony was applicable thereto.
THE respondents claimed that
each appellant had procured a GER
tificate to practice medicine by
fraud and the cases were tried upon
that issue only.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

mobiles-on. in Bridgeport and the
other in Norwalk.
The coroner exonerates Joseph
Crowther of Philadelphia from
criminal responsibility f-r the desfh
on August "a Of Agosttno Damore
or Domore, of Bridgeport.
lola Frances Stevenson OF Nor.
walk Is absolved Of responsibility for
the death OF Albert Louis Fauls, six.
Norwalk. who was struck aid fatal
~ injured by her car on August 20
as he was crossing the street near
his home.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

cial procedure, satisfies the constitu-
tional requirement item IS. The
appellants contend that the court
in this decision limited its consider
alton upon the question of due
process of law" to that guaranteed
by the state as distinguished from
the federal constitution.
Governed by Decision
The unrestricted phraseology of
Justice Beaeh's opinion, and the full
presentation of the question pro and
con in the briefs of the parties, force
me to the opposite conclusion. /
therefore accept the above decision
, as controlling authority upon this
question in these cases.
"And without this authority unon
conclude that no constitutional
right of the appellants has been Vi
plated. In the first place the ap-
palee boards were acting here in an
administrative and not judicial
capacity, (1tem $50. so that the no.
F
due process in proceedings of the
latter nature, are not essential here.
which distinguishes many of the au-
thorities cited upon this question by
the appellants. In the second place,
if notice is required, the necessary
notice was given here. for the pur-
suit of their appeals by the appel
lants automatically afforded them
the hearing before judgment to
which they were entitled. That 1t
gave them such opportunity to be
heard as is sufficient. (Reetz VS.
Michan, 1SS L. S. sos, sos; %, Su-
preme Court, 500. 1t may particu-
larly well be so held where, as the
evidence discloses was true here, the
appellants have been allowed to con-
tinue to practice medicine pending
their appeals. Upon the first ques-
ton. therefore, | find against the
appellants.
| This leaves for determination in
| each case the second question as tc
whether the appellant procured his
certificate of registration by fraud
! While certain facts are common tc
all of the cases, in many respects
| these of each are distinctive, requir-
! ing the consideration of each upon
| its own merits in reaching a con-
! clusion.
Brands Feldman Fraud
"The brazen fraud of Feldman in
obtaining his certificate and fighting
| to retain it, garnished by his obvi-
ously perjured testimony during this
| trial, leads me to dispose of his APP
peal first. in the fewest possible
words.
I Aside from the exhibit against
| himself. defying adequate descrlp-
! ton. which he furnished personally
! upon the witness stand, the evidence
! in the case is conclusive that
through his conspiring fraud and
/ deceit supplemented by that OF
| Briggs, Adcox, Alexander and Chair
man Hair of the Connecticut Ec-
lectic Examining Board, he bought
| his way for cash, by means of sub
stituted examination papers to the
certificate which his character and
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

health In Australia; DR.. Everitt At
kinson, commissioner of public
health In West Australia, and DR..
E. Robertson. chief health officer OF
the state Of Victoria, Australia.
They are making a tour of model
American health organizations under
the auspices OF the international
health board of the Rockefeller
foundation. From this city they went
to New Haven.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

1.-THE appellants, by their counsel
during the trial and upon their
briefs make certain claims of law
respecting certain questions of pro-
cedure and that they were deprived
of certain constitutional rights, both
state and federal in the manner in
which their licenses were revoked.
The court considered these questions
determined insofar as it is concern
ticut eclectic examining board. ct
al. 1903, Connecticut So, and upon
these questions of law. therefore
finds against the appellants.
Ruling on Fraud
in passing upon the question of
fraud the court INDUCES in no pre-
sumption of fraud as against any
one of the appellants but accords
them the presumption that the act
ed without intention to defraud or
deceive. Presumption of fraud.
however. is to be distinguished from
differences of fact arising from the
testimony and facts crealy proved
and within the knowledge and con-
corning any particular appellant.
Without burdening this memo
with facts proven concerning the
various medical schools which
appellants attended and the manner
in which the Connecticut eclectic
board conducted examinations and
the knowledge of each appellant
thereof, l indicate below certain
frauds on the part of some of the
appellants justifying the dismissal
of their appeals others 1 have found
to have acted without intention to
defraud or deceive. In each in
stance, however, 1t is not intended
to give all the facts in regard to any
particular appellant"
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30
Boys Deaths by Autos
Declared Accidental

Bridgeport, Aug. 80 R-Findings
of accidental death are returned by
Coroner John J. Phelan today in
the cases of two boys killed by auto
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

AUSTRALIAN OFFICIALS GUESTS
Hartford, Aug. 80 R)-Three high
public health officials of Australia
yesterday visited the state depart
ment of health and state water COM
mission here. They were DR.. Robert
Dick. director general of public
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

Ancient Egypt's sacred lotus was
in reality water lily.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

READ HERALD CLASSIFIED ADS
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-30

medical knowledge would otherwise
have denied him. Feldman's appeal
is dismissed.
Imperial Valley press., 1927-12-15
A THREE DAYS
COUGH IS YOUR
DANGER SIGNAL.

Persistent coughs and colds lead to
serious trouble. You can stop them now
with Creomulsion, an emulsifed creo.
sote that is pleasant to take. Creomul.
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the inhamed membranes and inhibits
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OF all known drugs, creosote is rec.
ognized b. high medical authorities as
one of the greatest healing agencies for
persistent coughs and colds and other
forms of throat troubles. Creomulsion
contains, in addition to crcosote, other
healing elements which soothe and heal
the infected membranes and stop the
irritation and inflammation, while the
creosote goes on TO the stomach, is abb
sorbed into the blood, attacks the seat
Of the trouble and checks the growth
Of the germs.
Creomulsion is guaranteed satisfac.
!ory in the treatment of persisten,
roughs and colds, bronchial asthma,
bronchitis and other forms of respira.
tory diseases, and is excellent for build
ing up the system after colds or flu.
Money refunded if any cough or cold is
not relieved after taking according to
directions. Ask your druggist. (adv.)
Imperial Valley press., 1927-12-15
C0RBETT MAKES
SHORT WORK OF
GILBERT ATTELL.
by United Press Leased Wire

SAN FRANCISCO, Dee. 10
Young Corbett, Fresno welter-
weight. was hailed today as n
worthy bearer of the famous ring
name of "Corbett
He mastered Gilbert Attcll last
night in a manner that caused him
to be proclaimed as one Of the great
est of his class. Time after time
the Southpaw from the raisin belt
sent Attell to the canvas, to win by
a knockout in the fifth round.
Using both his right and left to
good advantage, Corbctt crashed
through to Attell 5 chin and had his
foe on the mat, on the ropes or
hanging on during most of their
bout that was scheduled to go 10
rounds.
\ left 10 the chin in the second
round put Attell TO the floor for the
first time.
corbctt cgt loose IN the third and
sent his powerful left to the chin
again. That put Attcll hard against
the ropes. Twice more the lad from
Fresno smashed in with his left to
drop Attell. Each time the game
Gilbert struggled to his feet and
sought n cliuch for a breathing spell.
Corbctt WAS relentless. He forced
the fighting, gave Attell no chance
to clear his head aud sent him reel
ing with another blow. Referee Joe
German raised Corbett $ arms.
The Freshman was given one of
the greatest ovations San Francisco
has ever accorded battler as he
left the ring.
Imperial Valley press., 1927-12-15
INDIANS HAVING
DIFFICULT TIME
MAKING TRADES
Evans Unable to Swing
Desired Deals Among
Other Clubs.
By GEORGE KJRKSEY
United Press Staff Correspondent

NEW YORK, Dec. 1j.-The new
officials on the Cleveland Club are
learning just how hard it is to as
scmble a winning baseball team.
Billy Evans, general manager of
the Indians, has placed ali but
four players on the baseball mart
and has yet to complete a deal after
three days of diekering and bicker
ing.
Washington has offered Joe
Judge, first bascman, to the Indians
but the player to be received in
exchange is presumed to be holding
up the deal. The Senators want
Joe Shaute, right handed pitcher
while the indians want to give
Walter Miller, Southpaw.
The Indians were to have figured
in the TigerBrown real which sent
Nanush and Blue to the Browns for
Harry Rice and NanGilder, but
somebody slipped the trade over be-
fore Billy Evans got up Wednesday
morning.
ANY player on my club is for
exchange except the two Sewells,
Hudlin and Uhle; make me prop
osition,' Evans had told every mag
nate in the American League.
1t will be remembered that the
Indians had quite a time getting a
manager. Eddie Collins turned the
Job down and Clark Griffith con-
sentcd to trade Bucky Harris to the
Indians but changed his mind on
second thought.
New York Boycotted
The Indians need second base
man, a first bascman and an out
fielder. Spurgeon, who was counted
ON to play second, broke his arm af-
ter the 1927 season and will not be
in shape to play until long after
the season has opened. No one i'll
particular seems to have it in for
tac Indians, but the fact remains
that no one will trade with them.
Magnates of Aoth leagues have
boycotted the Yanks and Giants.
Miller Higgins, one of the smartest
traders in baseball hasn't a chance
to complete any sort of "A deal un-
less he offers one of his stars, which
he is not likely to do.
q am not looking for a trade
John j. McGraw announced but he
waited until he found out the other
clubs wanted the polo grounds and
decorations thrown in with any
deal.
Imperial Valley press., 1927-12-15
SPORT NEWS SECTION

leagues think all the grievances are
on one side, they are mistaken.
Judge Kcncsaw M. Lands found
upon his doorstep this morning II
delegation of minor leagues bent on
talking turkey.
Every minor league representative
in town was summoned to the meet
ing The minors, of course, were
by no means a unanimous group.
They had as many grievances among
themselves as they have against the
majors.
The three Double Az leagues
international, Pacific Coast and
American Association-had planned
to steal march and call upon the
high commissioner today, but repre-
sentatives of the smaller leagues
found out about it and everyone in
toIcsted made for the judge s suite
at the Roosevelt hotel.
Landis had to hear the troubles
of the minors and then 90 to She
joint meeting of the majors, which
made it a pretty full day of base
bali for a young fellow.
Imperial Valley press., 1927-12-15
NOTICE OF SALE
OF PERSONAL PROPERTY TO
SATISFY LIEN.

Notice is hereby given that the
undersigned, Carlos Clements, oper-
ating under the fictitious name of
Clements Repair shop, at 7Gl Main
St, FL Centre, Calf, will sell at
Public Auction to the highest bid
der for cash, at 305 South 18th ST.,
in the city Of III Centre, Imperial
County, California. on Tuesday, the
Goth day OF December, 1927, at 2 p.
m. Of the said day, the following au-
tomobilcs, to satisfy lien for stor-
age, towing and repairs; under see
tion No. 505l and No. 5052 of the
Civil Code of California, in an
amount set opposite each automo-
bile. which is now due and unpaid.
1919 Ford touring, Wrecked.
1927 Lie No. 1G9S907, Motor No,
560I760. Towing and storage $500.
1921 Oakland touring. 1927 Lie.
No. 1-73l774, Motor No. SG933. Tow
ing, storage and labor $3.50.
1873 Ford coupe. Wrecked. 1927
Lie. No. S5371S, Motor No 1150S255
Towing and labor $1,000.
1921 Ford commercial. 1927 Lie.
No. X 370657, Motor No. Nj. V. p.
829i. Towing and storage $500.
1926 Ford roadster. 1927 Okla
homa Lie n. 16l + 760. Motor No.
12i73G53. Towing and storage
$G3.75.
1919 Buick touring. 1927 Tcvas
Lie. No. 32317G Motor No. 5ll979.
Towing and storage $500.
1920 Overland roadster. 1927 Lie.
739s95 Motor No. 9279S. Towinq
and storage $3.50.
Dated at I'll Centre, Calf. this the
Sth day of December 1927.
DStl0 CARLOS CLEMENTS.
Imperial Valley press., 1927-12-15
MINOR LEAGUES
MAKING RACKET
ON DRAFT RULE
Many Grievances Caused
by Unsatisfactory Sys-
tenn of Obtaining Men.
BY FRANK GETTY
United Press Sports Editor

NEW YORK, Dec. 15.-The major
leagues may be meeting, but the
minors are making the racket.
-Each session of the majors-steer-
ng committee, joint and private
|taiSfests-has been overshadowed
by the menace of the minors, who
.ant number of things and arc
|iot all backward about saying so.
Both the American and National
league coasted through their own
simple problems without trouble, but
both were forced to spend most Of
heir two days meeting considering
what is to be done about the in
|surgency of the minor leagues con
|cerning matters of the draft.
The complicated machinery where
|bv ball players are shifted up and
lown and back and forth through
tAe various levels of the national
|Pastimc never has worked to every
bne's satisfaction. just now no one
,eems to be satisfied.
Call On Lands
President John Hcydlcr of the
National League made that clear to-
|lay. So did President Ed Barnard
|bf the American. If the minor
Imperial Valley press., 1927-12-15
NOTICE

The undcrsigned do hcreby certi-
fy that they are conducting Pro
ducc. Business at FL Centre, Califor-
MIA, under the fictitious name of
Tropical Fruit Co., and that said
firm is composed of the following
persons, whose names and addresses
are as follows:
G. II. Ferguson, 1243 Main St, FL
Ccntro, Calf.
George K. Shaw, 12I3 Main St,
FL Centre, Calf.
G. II. FERGASON,
GEORGE Il. SHAW.
Imperial Valley press., 1927-12-15
NOTICE CALLING FOR BIDS
FOR BURIAL OF INDECENT
DEAD

Notice is hereby given that the
Board of Supervisors will, at their
rooms, on January 3rd, 1928, at the
hour of two o'clock p. NJ, receive
bids for the burial of INDECENT dead
of Imperial County, all bids or pro
poSals to be submitted in writing
and signed by the bidder; and the
Board of Supervisors hereby reserve
the right to refuse to reject any
and al bids.
BOARD OF SUPERVISORS OF
IMPERIAL COUNTY,
BY G. G. Mousseau, County Clerk
and cX-officio Clerk of the Board
of Supervisors of Imperial Coun-
ty, state of California. ID 12t1O
(SEhL)