Justice Mathews When consider the nature and theory our ghostwriter review government, the principles upon which they are supposed i need help writing a paper for college rest, and review the history their development, are nstraineu conclude that they not mean leave room for the plavand action purelv personal and power.
There nothing an writers essays arbitrary nature in the provisions the statute in luestion applies all phy-.icians, except those who may called for a special case from another state imposes no conditions which can not readily met and made enforceable in the mode usual in kindred matters, fhat regular proceedings adapted the case.
It authorizes the exami nation the applicant the board health as his qualifications when has no evidence them in the diploma a reputable medical college in the school medicine which belongs, or has not practiced in the state a designated period before March.
If, in the proceedings under the statute, there should any unfair or unjust action the part the board in refusing him a certificate, doubt not that a remedy would found in the courts the state. But no such imputation can made, for the plaintiff in error did not submit himself the examination the board after had decided that the diploma presented was insufficient.
The cases Cummings, upon which much reliance placed, not, in our judgment, support the contention the plaiutilf in error. In the first these cases appeared that the Constitution Missouri, adopted, prescribed an oath taken certain persons holding certain offices and trusts and following certain pursuits within its limits. They were required deny that they had done certain things, or had manifested act or word certain sympathies or desires. The oath which they were take embraced thirty distinct affirmations respecting their past conduct, extending even their words, desires and sympathies.
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E ery person unable take this oath was declared incapable holding in the state any office honor, trust or profit itnder its authority, or being an officer, councilman, director, trustee or other manager any corporation public or private, then existing or thereafter established under its authority or acting as a professor or teacher in any educational institution, or in any common or other school, or holding any real estate or other property in trust for the use any hospital, religious society or congregation.
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And every person holding', at the time the Constitution took effect, any the offices, trusts or positions mentioned was required, within sixty days thereafter, take the oath, and if failed comply with this requirement was dechired that his office, trust or position should, ipso facto, become vacant.
No person after the expiration the sixty days was allowed, without taking the oath, practice as an attorney or counsellor at law, nor after that period could any person competent as a, doctor, deacon, minister, elder or other clergyman any religious persuasion, sect or denomination teach or preach, or solemnize marriages. Fine and imprisonment were pre.scribed as a punishment for holding essay paper writing service or exercising any the offices, positions, trusts, professions, or functions specified without taking the oath, and false swearing and affirmation in taking was declared perjury punishable imprisonment in the penitentiary.
A doctor the Roman Catholic hospital was indicted in a circuit court Missouri, and convicted the crime teaching and preaching as a doctor and minister that religious denomination, without having first taken the oath, and was sentenced pay a fine, speech writing service and committed jail until the same was paid.
On appeal the Supreme Court the state the judgment was affirmed, and the case was brought error this court. As many the acts from which the parties were obliged purge themselves the oath had no relation their fitness for the pursuits and professions designated, the court held that the oath was not required as a means ascertaining whether the parties were qualified for those pursuits and professions, but was exacted because was thought that the acts deserved punishment, and that for many them there was no way inflicting punishment except depriving the parties their offices and trusts.
A large portion the people Missouri were unable take the oath, and as them the court held that the requirement its constitution amounted a legislative deprivation their rights. Many the acts which parties were bound deny that they had ever done were innocent at the time they were committed, and the deprivation a right continue in their office if the oath were not taken was held a penalty for a past act, which was violative the constitution. The doctrine this case was affirmed in Pierce Carskadon, Wall. In the second case mentioned, that Ex parte Garland, appeared that the second July, Congress had passed an act prescribing an oath, taken every person elected or appointed any office honor or profit under tlui rnited States, either in the civil, military or naval departmeuts the jfoverunient, except the president, Ijefore enterinpr upon the duties his olTice, or before bein entitled his salary or other cmolunients. On the J.laimary. Conj ress. a sup leinenlal act, extended its provisions as o t'inl rare attorneys and counsellors the courts the United States. This latter act, ainonj other things, provided that after passage person should admitted as an attorney and counsellor the bar the Supreme Court, after the tii March. the bar any circuit or district court the Tnited States, or the court claims, or allowed appear and heard virtue any previous admission, until had taken and subscribed the oath prescribed the act hdy.