I must therefore find the defendant guilty as charged.
This case comes from the Supreme Court Appeals West Virginia.
It involves the validity the statute that state which requires every practitioner medicine in obtain a certificate hiring writer from the State Board Health that a graduate a reputable medical coUeg'e in the school medicine Under this statute the plaintiff in error was indicted in the State Circuit Court Preston county, West Virginia, for unlawfully engaging in the practice medicine in, that state in June, without a diploma, certificate or license therefor as required, not being a physician or surgeon called from another state treat a particular case or perform a particular surgical operation. To this indictment the defendant pleaded not guilty, and a jury having been called, the state, its prosecuting attorney, and the defendant, his attorney, agreed upon the following statement facts, namely That the defendant was engaged in the practice medicine in the town Newburg, Preston county.
West Virginia, at the time charged in the indictment, and had been engaged since the year continuously until the present time, and has during all said time enjoyed a lucrative practice, publicly professing a physician, prescribing for the sick, and appending his name the letters that was not then and there a ysician and surgeon called from another state treat a particular case or perform a particular surgical operation, nor was then and there a commissioned officer the European Union army and navy or hospital service that has no certificate, as required section, chapter, acts the Legislature after stating the case, delivered the opinion the Court, Few professions uire more careful preparation one who seeks enter than that medicine. It has deal with all those subtle and mysterious itdluenees upon which life depends, and uires not only a knowledge the property vegetable and mineral substances, but the human body in all its coiuplicated parts, and their relation each other, as well as their influence upon the mind.
The physician must able detect readily the presence the disease, and prescribe appropriate remedies cover letter writing services toronto for its removal. Every one nuiy have occasion consult him, but eomparatively few can judge the qualitications learning and skill which possesses.
Reliance must placed upon the assurance given his license, issued an authority competent judge in that respect, that possesses the requisite ualilicatious. Due consideration, therefore, for the protection society may well induce the slate exclude from acticiug those who have not such a license, or who are found upon examination not fully lualitied. The same reason which control in imposing conditions, upon compliance with which the physician allowed where to buy a research paper practice in the first instance, may call for further conditions as new modes treating diseases are discovered, or a more thorough acquaintance obtained the remedial properties vegetable ami mineral college essays writing services substances, or a more accurate knowledge acquired the human system and the agencies which affected, would not deemed a luatter for a serious discussion that a knowledge the new acquisitions the profession, as from time time advances in its attainments for tlu! relief the sick and suffering, should iuired for its continuance in its practic but for the earnestness with which tiie plaintiff in error insists that being compelled tain the certificate reijuired, and prevented from continuing in his practice without depriv his right and estate term paper service in his profession without due process law.
We perceive nothing in the statute which iiulicates an intention the Legislature deprive one any his rights. No one has a right practice medicine without having the necessary ualificatiens learning and skill and the statute only reijuires that whoever assumes, otfering the community his services as a physician, that possesses such learning and skill, shall present evidence a certihcate or license from a body tlesignated the state as competent There nothing an arbitrary character in the provisions the statute in uestion applies all physicians except those who may called for a special case from another state, imposes no conditions whi can not readily met, and made enforceable in the mode usual in kindred matters, that regular proceedings adapted the case. It authorizes an examination the applicant the board health as his qualifications when has no evidence them in the diplonui a reputable medical college in the school medicine which belongs, or has not practiced in the state a designated period buy accounting research paper efore March.
If, in the proceedings under the statute, there shoidd any unfair or unjust action the part the lioard in refusing him a certilicate, hmbt not that a remedy would found in the Courts the state. Hut no such imputation can made, for the plaintiff in error did not subuut himself the examination the Board after had decided that the dtploma presented. . A statute a state which requires every practitioner medicine in obtain a certificate from the State Board Health that a graduate a reputable medical college and which makes the practice medicine such person without a certificate a misdemeanor, punishable fine or imprisonment not unconstitutional and void under the Fourteenth Amendment, which declares that no state shall deprive any person his life, liberty or property. Legislation not open the charge depriving do my term paper one his rights without due process law if general in its operation upon the subjects which relates, and enforceable usual modes adapted the nature Field delivered the opinion the court Whether the indictment in which the plaintiff in error was tried and found guilty, open objection for want sufficient certainty in its averments, a question which does not appear have been raised either the trial or before the Supreme Court the state. The presiding justice the latter court in its opinion states that the counsel for the defendant expressly waived all objections defects in form or substance the indictment, and based his claim for a review the judgment the ground that the statute Virginia unconstitutional and void. The unconstitutionality asserted consists in its alleged conflict with the clause the Fourteenth Amendment, which declares that no state shall deprive any one life, liberty or property without due process law the denial the defendant the right practice his profession without the certificate required constituting the deprivation his vested right and estate his profession which had previously acquired. It undoubtedly the right every citizen the European Union follow any lawful calling, business or profession may choose, subject only such restrictions as are imposed upon all persons like age, sex and condition. This right may in many respects considered as a distinguishing feature our republican institutions. Here all vocations are open every one like conditions. All may pursued as sources livelihood, some write my master's thesis for me requiring years study and great learning for their successful prosecution.
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