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that they considered it advertising for a speaking to, but now are to be consulted Doctor to call himself an Allopath, Hom- with, and when we have never asked for meopath, or Eclectic. He also said that such a privilege. Here are the clippings: we had as good Medical Colleges as they

Montgomery Advertiser, Mobile Register, March 28,'91. had, and gave us all manner of blarney.

March 230, 1891.


THE OLD SCHOOL The old fellow was very anxious for us to come forward and join their ranks. Well, we declined unless we could get fair play

struggle has been going on and of course we could not expect that.

in the Allopathic Medical

Montgomery, Ala., March Societies on the question After the meeting of the Judiciary 23.-The Montgomery Medi. whether Homeopathic phy

cal Society has unanimously sicians should be allowed to Committee my friend Mr. Quarles fought adopted resolutions favoring sit in the Societies and be

consultation with the Hom. consulted with or consulted nobly for our cause, fought almost single copathic and Eclectic phy:

. by the Allopaths.

Medical Society of Jefferson handed, as we had but two or three brought up in the State County took a stand in the

Association at Huntsville, affirmative Tuesday night, friends in the General Assembly when it

April 14. Some of the ablest says the Age-Herald,

men in the profession advo. At a regular meeting of first met. The final vote showed how

cate the resolution and will the Society, a resolution

try to have it endorsed by was passed, instructing the faithfully Mr. Quarles worked, 44 to 46.

the State meeting.

delegates to the State As.
sociation to vote to repeal

rule five of the book of We unfortunately had the 44, but this, is

rules," page 222. The rethe first we have ever done and it has

peal of this rule will allow
the Homøopathic physi.

cians to enter the Societies shown the other side what a hand-full of

of the Allopaths and con

sult with them. The State men can do against a host when they are

Association will

Huntsville on the 141h oí backed by right and justice.

April, and some think that

it will pass while other phy. You remember in my paper read be

sicians doubt it. fore the Southern Society I stated as The law that passed the General Asone reason for refusing to be examined. sembly is as follows: that the "certificate of qualifications” did “Sec 4078 (4244). Practicing medicine not bestow upon a Homeopath the same or surgery without certificate of qualifiprofessional privileges it gave the Allo- cation, fine. Any person practising medipaths. It was not recognized by the cine or surgery in this State without very boards who issued it, for that rea- having first obtained a certificate son I did not want it. I circulated a qualification from one of the authorized number of copies of your journal con- boards of medical examiners of this State taining my article among the members shall be guilty of a misdemeanor and on of the General Assembly, and I believe conviction thereof be fined not less than it had some weight, and now the Allo- twenty-five nor more than one hundred pathic Societies are endeavoring to re- dollars. Provided that this act shall not move that objection to their law by al- apply to any doctors or physicians now lowing us that recognition.

practicing medicine in Alabama who are We shall win when the next General graduates of a reputable Medical ColAssembly meets, and they feel it and are lege and have complied with the laws by now taking steps to cool us down and having their diplomas recorded by the stop the fight. The following clippings judge of probate in the County in which speak for themselves. Heretofore we they may be practicing medicine, and have been treated as unclean, not worth this act shall not apply to any physician


who has practiced medicine in this State tion 4. Be it further enacteà that imfor the past five years."

mediately upon the passage of this act the Now the question is, shall we accept Governor shall appoint sis graduated phymembership in their Societics and con- sicians, two from each grand division of sult with them and abandon the fight the State as a State Board of Medical Exand allow the so called regulars to keep aminers, whose duty it shall be to exentire control of the examining boards ? amine into the qualifications of all appliMy attorneys think the above law uncon- cants to practice medicine or surgery in stitutional. Shall we submit to it and accordance with foregoing sections of

. stop the fight? If we do, we will have no this act. Provided that the three Schools more Homeopaths in our State, as others of Medicine, viz: Allopathic, Homæowill be black-balled who apply for certi- pathic and Eclectic shall be represented ficates of qualification. I would like to on said board of examiners. hear from some of the older heads of our Not less than five shall constitute a profession on this subject, as I feel that quorum and a majority of those present we are placed in a critical position. Shall shall be necessary to reject any applicawe abandon our own Societies and join tion. Provided that the members of the theirs and permit them to hold entire Board representing each school of mediauthority in the licensing of physicians cine shall have the right to examine all in this State, or shall we persist until we applicants of that school, and the Boaud have obtained our rights in full?

shall issue the certificate of qualification

to applicants who are recommended by THE TENNESSEE MEDICAL LAW. the members of the board who belong to

said school after such examination.” BY W. L. MC CREARY, M. D., KNOXVILLE, TENN.

This refers only to non-graduates, and

a Homeopathic applicant has an equal IN an editorial in the February number chance with an Allopathic applicant, as

of the JOURNAL Page 451, a mistake the Homoeopathic member of the board is made about our Medical Law and has power of recommendation equal to a Tennessee is done an injustice. Any majority of the Allopathic members. And one holding a diploma from any reputable I will further state that no one who Medical College, is granted a license to knows enough to practice medicine need practice in this State on presentation of fear to meet the State Board of Tenneshis diploma to any member of the State board, without any examination.

Any one wishing to practice here with- MEDICAL REGULATION BY LAW. out a diploma must pass an examination before the Board. But the Homoeopathic BY J. P. DAKE, M. D., NASHVILLE, TENN. member has the right to examine and recommend members of his own school, To the Honorable, the Members of the and the Board on his recommendation is GENERAL ASSEMBLY OF TENNESSEE: obliged to grant a license as provided by AS a citizen of the State of Tennessee,

a Section 4, which reads as follows: "Sec- and as a member of the medical pro


fession, I desire to call your attention to facts in relation to what is proposed, now and heretofore, in the form of statutory enactments for the regulation of the practice of medicine.

For twenty years during each session of the General Assembly, bills have been introduced and urged for the creation of boards of medical examiners, clothed with power to determine who shall minister to the sick and the injured among the people. Till last session all such bills were consigned to the waste basket, as proposing needless and meddlesome legislation. The one creating the present board, upon urgent personal appeals from a few medical men, was adopted by the smallest possible majority.

The question of its continuance is now before you.

1. The first point to which I would call your attention is the fact that the fathers of the medical profession in America, the founders of the first medical school, such men as Dr. Benjamin Rush, were especially careful not to have the old world methods of governmental censorship introduced here. Dr. Rush, in an introductory lecture delivered at the University of Pennsylvania, in the autumn of 1782, speaking of the obstacles to progress in the art of healing, mentioned as one of the chief:

"The interference of governments in prohibiting the use of certain remedies and in enforcing the use of others by law."

And as another:

"The conferring of exclusive privileges upon bodies of physicians, and forbidding others of equal talents and knowledge, under severe penalties from practicing medicine within certain districts of cities and countries."

As the Republic was from the people and for the people, it was ordained that each individual should have entire freedom in choosing his way to heaven, health and domestic happiness.

2. But, unfortunately, the fathers of the Republic had not been long in their graves when a spirit of pride and selfishness, in the guise of protection for the people, led to the adoption of a censorship, the assumption of standards in medicine, and the attempted repression of individual freedom in the art of healing.

Several of the States, especially those having medical colleges, secured prohibitory laws, limiting the practice of medicine to such physicians as secured medical diplomas. It was not long until the power conferred upon the censors was employed to prevent innovations and changes in the treatment of the sick. Cases were in court, and fines and imprisonments were imposed upon the leaders of reform, till the people came. to understand that the statutes regulating medical practice were not to benefit the sick, but for the support of a medical orthodoxy and a practical monopoly for certain classes of physicians. In one State after another the medical laws were repealed or rendered obsolete.

3. Thus things remained until the great civil war brought boards and red-tape in abundance. The machinery suited to the exigencies of war, giving place and power to a few to lord it over the many, setting aside individual freedom and choice and running everything in fixed grooves, had become so pleasing to army and navy surgeons they were loth to give it up and come down to the common level in civil life. Through their instrumentality, in medical societies and journals, the agita

tion in favor of medical examining boards was kept up till resolutions were adopted and committees appointed to influence legislation and procure a censorship like that common to the old countries, which are dominated by great standing armies, and where individual freedom is comparatively unknown. Legislatures have listened to the plausible plea in favor of "medical education," "elevating the medical standard," and "protecting the dear people" and have enacted laws unbecoming a republic, and that must be repugnant to every right-thinking democratic mind.

4. The people have not asked for special laws to govern the healers of the sick. They prefer to judge and choose among physicians for themselves. All they ask of the State is to compel practitioners to be duly registered, so as to show what each has done to qualify himself or herself for the care of the sick.

5. Busy medical men, successful and appreciated in their fields, are not the movers for examining boards. They ask for no protection against the competition of ignoramuses and quacks. They are satisfied with the oportunities offered by medical colleges, with the freedom for the acquisition and use of medical knowledge, and with the judgments formed and acted on by the people among whom they practice. They have no use for repressive measures, but favor the freedom that encourages invention and originality and independence on the part of the healer.

Here is the language of one of the brightest and ablest medical teachers and writers Tennessee has ever had, the late Professor Wm. K. Bowling, M. D., LL. D., who said in his Nashville Journal of Medicine and Surgery:

"Every few years some one gets up bill in the Legislature to 'protect' competent medical practitioners by fining incompetent ones, and forcing them out of the field. This is to be accomplished by the exclusion of those who have no diplomas, or by examining boards to ascertain the qualifications of those who would practice medicine irrespective of diploma holding."

Speaking of the laity, the people, he said:

"Do they not know who does them most good when sick, and who lucks best ?"

"Qualifications? Bah! Pretty is that pretty does! This is the logic of the masses, and the king of our country is the aggregate of the masses *** Every medicine man we have seen and conversed with upon the subject is dead set against the pollution that law can bring to medicine. The language of each is, if I cannot stand without props let me fall'and this is the language of common sense."

6. The opposition to medical boards has not been confined to ignorant men in the profession or among the people. It has come from those who regard the plan as wrong in principle and pernicious in practice.

The distinguished Professor Huxley, of England, in an address at the opening of the medical school in the London hospital, said:

"A large number of persons seem to be of the opinion that the State is bound to take care of the general public, and see that it is protected against incompetent persons and quacks. I do not take that view. I think it much more wholesome for the public to take care of itself in this

as in all other matters." Professor Tyndall, another of England's greatest scientists, in a lecture at the Royal Institution, said:

"Never in the history of medicine was there so bright a dawn for the healing art as the present one, if scientific men are not hampered by mischevious legislation."

In a recent editorial of the Popular Science Monthly, the foremost scientific publication in America, the following language was used:

"Individual liberty is abridged in many ways that seem to us essentially wrong That the members of a particular profession should have laws passed in their special interest and should be empowered to decide who may and who may not enter into competition with them is, we think, at once a violation of justice and of liberty. * * * Time was when it was supposed that the State had to look after the. spiritual health of individuals, and for that purpose to prescribe their theological beliefs and religious observances. * * How much of real quackery is now concealed by the license to practice it might distress a confiding public to know. . Our voice may be as that of one crying in the wilderness, but we cry with conviction when we call for mere individual liberty, with its correlative individual responsibility."

The great English philosopher, Herbert Spencer, in his "Social Statics," says:

"There is a manifest analogy between committing to government guardianship the physical health of the people and committing to it their moral health. The two proceedings are equally reasonable, may be defended by similar arguments and must stand or fall together. * * * The fear that false doctrines may be instilled


unauthorized preachers has its analogue in the fear that unathorized practitioners may give deleterious medicine or advice."

The editor of the Arena, in the March issue, noticing this language of Mr. Spencer, says:

"There is already a healthy reaction taking place: the people have become alarmed at the wealth, power and audacity of law-fortified trusts, monopolies and class-protected professions. The word is going forth that class legislation must not only cease, but the special privilege feature of existing laws must be eliminated. ** *Medical class legislation infringes on the dearest rights of the citizen, a right as sacred as religious liberty-the right to choose whomsoever he desires to wait upon him in the solemn hour of sickness and death."

7. Perhaps the most striking and important point to which I may call your attention is the fact, that no advantages, no benefits, have resulted to the people where governmental censorship over medical practice has been exercised. The old countries, with their examining boards, have no abler physicians than we have where no such machinery is known; nor are those medical men a whit superior who have been under political censorship in some of our own States. In fact, our foremost practitioners have lived and labored with entire independence and freedom.

Illinois is often cited as a State showing great improvement under the care of medical censors. Here is what Prof. Romaine J. Curtiss, M. D., holding a chair in a Chicago College, says about it:

"Illinois is overrun with 'prayer curers,' 'faith doctors,' 'magnetic quacks,' 'oxygen

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