Moore v. Napier

• Decision Date: 01 December 1902
• Citation: 42 S.E. 997,64 S.C. 564
• Parties: MOORE v. NAPIER et al. [a1]
• Court: South Carolina Supreme Court

42 S.E. 997

64 S.C. 564

MOORE v. NAPIER et al. ^[a1]

Supreme Court of South Carolina

December 1, 1902

Petition for mandamus in the original jurisdiction of this court by James C. Moore against J. L. Napier and others. Dismissed.

T. W Bouchier and C. E. Sawyer, for petitioner. Knox Livingston for respondents.

GARY A. J.

This is an application to the supreme court, in the exercise of its original jurisdiction, for a writ of mandamus. The question presented by the pleadings is whether the petitioner, who received a diploma from the South Carolina Medical College but who studied the course for only three years, is entitled to a writ of mandamus requiring the state board of medical examiners to issue to him a license to practice medicine without standing an examination before said board as to his qualifications and knowledge of medicine. It appears that when the petitioner matriculated as a student of the South Carolina Medical College, the course of study established for graduation was only three years; that before receiving his diploma the South Carolina Medical College established a four-years course of study, commencing with the collegiate year of 1901; and that the petitioner only took a three -years course. Subdivision 3, § 1112, of the Code of 1902, contains the following provision: "It shall be the duty of said board [the state board of medical examiners] when organized, to examine all applicants for examination who hold diplomas from any medical college or schools, and who present certificates of their good moral character and of their sobriety from some reputable person or persons known to the board, and to pass upon their qualifications and fitness to practice medicine in this state, and to give to each successful applicant a certificate to that effect upon the payment of five dollars to the treasurer of said board." On the 15th February, 1901 (23 St. at Large, p. 733), subdivision 7 of said section was amended so as to read as follows: "Nothing in this section shall apply to regular graduates, holding diplomas issued by any college of established reputation in this state which has a four years course of instruction and a standard of not less than seventy-five per cent. on examination, and make satisfactory evidence of their standing to the board of medical examiners, nor to commissioned medical officers of the United States army or navy, or United States marine hospital service, nor shall it include physicians or surgeons residing in other states, and called in consultation in special cases with physicians or...