Article August 5, 1916 Issue

On March 17 the supreme court of California rendered a...

The Recorder

[On March 17 the supreme court of California rendered a decision construing the constitutionality of the medical practice act, which had been attacked upon the ground that it was class legislation, inasmuch as it did not require all kinds of practitioners to pass the examinations. The following is an extract from the opinion written by Judge Melvin on an appeal from the superior court.—EDITOR Sentinel.]

Defendant was charged with the commission of a misdemeanor in that, without having a valid, unrevoked certificate from the board of medical examiners authorizing him so to do, he engaged in the practice of a system or mode of treating the sick and afflicted. Upon trial he was convicted as charged in the information. He prosecutes this appeal from the judgment and an order denying his motion for a new trial.

Appellant insists that the act under which he was convicted violates certain constitutional provisions in that it is discriminatory in exempting from its provisions a certain class of drugless practitioners, namely, those who resort to prayer as a means of treating persons afflicted with bodily ills.

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