| OCR Text |
Show GHIRDPRAGTOBS WILL HAVE TCTPASS TESTS Important Decision in Long Legal Battle Handed Down by Court. SEVERAL MUST RETIRE Law Requiring College Education Edu-cation Will Exclude Many Practitioners. A dpeifnen which will eonipp! all chiropractors chiro-practors nnd follnwers of familiar schools of healing tn puss th examinations of the pi a te. hnarcl of mecliCH 1 iaxamlti(-rs or go oiif of bupinsp in tli3 ptatr wis handed down by the suite supreme court yesier-day. yesier-day. The sra re board of medical exa miners and mpinbers of the accepted schools of medicine rppard Ihe decision as a preat victory a nd ohp v, hich settles d e finite y and flnallv the controversy ovpj- th activities of t lie chiropractors that has bppn soing on for several ears. The decision of the supreme court is not an indictment of the chiropractic and allied schools of liealinj?. but merely stipulates that sucb schools come under t hp state la w regulating the practice of medicine and that in order to practice their (ailing In Utah the chiropractors must pass the same examination required of other practitioners. Many Must Retire. As the state law requires college courses in certain stipulated subjects, and as it is assert Pi; that a great majority of the chiropractors never have had college educations to the extent of and in the subjects named in the statutes, they will have to go out of business. Backed by the supreme court decision, the state board of medical exa miners will at once proceed against the forty or fifty chiropractors and similar practitioners practi-tioners now opera I ins' in the stale, perhaps per-haps twenty of whom are in Salt Lake 'i ty. The board will ca use the arrest of these pract i tinners on the charge of practicing medicine wit hou t a license. Pending the decision of 1 lie test eases, the board did not press action against the chiropractors. Decision by Straup. Chief Just ice V. N. SI ran p wrote the i decision of the supreme court and it was ! concurred in by Justices .T. K. Frick and William McCarty. 1 1 was in the case of the state board of medical examiners against F. J. Freenor. In the decision Chief Justice Straup sa.ld: ... The law is not concerned with the question of whether chiropractic is as good as or better than other systems of treatment. It is concerned with the question that before anyone shall undertake, no matter by what system, sys-tem, to diagnose, treat, operate upon, or prescribe or advise for, any physical physi-cal or mental ailment or condition of another for a fee or other consideration, considera-tion, he shall possess the learning and skill required by the statute and produce a degree or diploma from a college meeting the requirements enumerated in the statute, and sue- ! ! cessfully pass an examination before ' j the board showing his competency. I , When he does that, then he can j I practice whatever system he may con- I aider the most efficacious, or do that I j in a given case which he thinks will produce the best result. Until he does that he cannot practice at, all. j unless he comes within the exception of Die statute, "those who heal only by spiritual means, without pretend-i pretend-i ing to have any knowledge of the sci-l sci-l em e of medicine," an exception put I in the statute to permit treatment by Christian Science or other spiritual means. "Practicing medicine" is defined as follows fol-lows by the slate law: Any person shall ho regarded as practicing medicine within thp mean- i ing of tli is title who shall diagnose, ! treat, operate upon or prescribe or advise for any physical or mental ail- i ment or any abnormal, mental or i physical condition, of a not her after having received or with intent to re- 1 ceive therefor, either directly or indirectly, in-directly, any fee, gift, compensation or other pecuniary benefit, reward or consideration: or shall hold himself out by means of signs, cards, nd-vertisements nd-vertisements or otherwise as a physician physi-cian and surgeon. Study Is Required. Provision is also made in" the law that t he hoard of medical examiners shall li-cpusp li-cpusp hII practitioners, who must pass the examination provided. Requirements of a practitioner include 3500 hours of study at any legally chartered medical school and a diploma showing that, the applicant lias studied and passed in histology, a naloniy. physinioey, chemistry. toxi-coio toxi-coio v and a considerable list of other subjects. The a llopa thic, homeopal hie and oj-eopatbic practitioners all had to fulfill these requirements and thev have contended that all other schools of healing heal-ing should be submitted to the same tests. .Wee nor a t tended the Davenport, Iowa, college of ehiropructics. but conceded that he had not had the schooling prescribed pre-scribed in the medical law. It was his contention that he was not a medical practitioner and that he and his school of healing did not come under the provisions of the act. The supreme court holds otherwise. Decision Is Lengthy. ! The supreme court's decision is a i lenct hy one. Justice Straup going into j t lie testimony introduced when Free nor' s ' '-a f-p as before the dist rict court in ' C'gd'-n. It nticht be stated, pa reruhpt ical-1 ical-1 !y. Hint ehiroi.ractles was described in the ; mi-p as an "adjustment" of the spinal vertebrae. In concurring in the opinion of the chief jus! i cp. Justice Frick appended .some comment on the rase. "It is seldom." sel-dom." he said, "that the wisdom, utility land The recppMty of a statute can be so ' 1'orcihiy n nd irrefuta hlv demons tra ted in an opinion as is the case in the preceding .opinion, lleie is a so., -Hied doctor who. without Ivsilation. informs us In the first ipm'TPr of the iw-'iitielh cpntiiry that "In j a-e of dipht heria 1 woui ns.nme that 'iii.it was caused primarily by some defect wit it the nerve leading from the vclmp-: vclmp-: Wrap." TnsiPHd of arresting the deadly 1 toxin? the rio-'tor would nieiely "pHlpate" ; the spine aud in that way attempt a cure. At the same time the d"''isi'.ui in the ; Wecnor case was t ni nsmi 1 1 "d , the su-I su-I prpnip court rendered a decision in a sim-i sim-i ilar case the board of examiners had 1 .'-.linst P. F.. F.rii kson, n Salt Lake chi-t chi-t 1 1 pi ii. tor. Instead cf seeking an injune-jtiop. injune-jtiop. the beard cad Kriekson arrested on !a '-liaice of practicing medicine withonl ( jt.-ense. I.ike Freenor. he appealed to tlie supreme cour'. The supr'-nie court upheld the nvni'-al board in the Kriekson .vise on '.he same grounds as in the Frec-I Frec-I nor case. j Aci'nrding to news received last night I f Ten liM.'n. F. J. Freenor c;i c out a lp-ihip- r;ttement tonigiit declaring that I p.- -would continue to practice, and appeal lihc ca;-e to ihe supreme court of flic I 1 nticd Slates, if iKcessarv. |
