Craig v. Board of Medical Examiners

• Decision Date: 05 April 1892
• Parties: CRAIG v. BOARD OF MEDICAL EXAMINERS OF STATE OF MONTANA.
• Court: Montana Supreme Court

29 P. 532

12 Mont. 203

CRAIG v. BOARD OF MEDICAL EXAMINERS OF STATE OF MONTANA.

Supreme Court of Montana

April 5, 1892

Appeal from district court, Lewis and Clarke county; HORACE R. BUCK Judge.

James Craig applied to the board of medical examiners for a certificate authorizing him to practice medicine and surgery. The board refused to grant such certificate, unless applicant submitted to and successfully passed an examination. Decision of board affirmed by district court, and applicant appeals. Affirmed.

Thompson & Maddox, for appellant.

Corbett & Wellcome, for respondent.

BLAKE C.J.

This case was tried upon an agreed statement of facts, and it appears that the appellant is a citizen of the United States and a resident of this state; that he removed, in April 1891, from the state of Maine, where he had been engaged 14 years in the practice of medicine and surgery; that he applied for and received from the respondent a certificate dated April 22, 1891, which entitled him to practice his profession until the next regular meeting of the board; and that respondent demanded, and appellant paid, the sum of $15, which it retained. The remainder of the statement is as follows: "That said respondent board at said time, as a condition precedent to granting such certificate, required appellant to submit to and successfully pass an examination in the branches designated in section 4 of the act of February 28, 1889, entitled 'An act to regulate the practice of medicine in the territory of Montana, and to provide for the examination and issuing of certificates to persons desirous of practicing the same, and for the punishment of persons violating the provisions of this act.' That appellant refused to submit to such examination, or to any examination whatever. That said respondent board thereupon refused to grant to appellant a certificate to practice medicine and surgery in the state of Montana. That prior to such refusal on the part of the respondent board, the appellant presented his diploma to said board for verification as to its genuineness. That said respondent board found appellant's diploma to be genuine, and to have been issued by a medical school legally organized and in good standing, whose teachers were graduates of a legally organized school, and that appellant was the same person to whom such diploma was originally issued, which facts were regularly found in appellant's favor, within the meaning of section 3 of the said act of February 28, 1889. That a quorum of the members of said respondent board were present and conducted the said October, 1891, meeting. That appellant is, and since the 7th day of June, 1876, has been, a graduate in medicine, within the meaning of section 2 of the said act of February 28, 1889. That a certificate was not granted to appellant by said respondent board solely upon the ground of appellant's refusal to submit to the examination referred to in paragraph 7, supra, and for no other cause." The appellant claims that the board of medical examiners is not authorized by the statute, supra, to require him to pass an examination as a condition precedent to the issuance of a permanent certificate empowering him to practice medicine and surgery within the state. The appellant became a resident of this state about two years after the passage of the act, and this language of the fourth section is applicable: "All persons entitled to practice under the ten-year provision mentioned in section three of this act, and all persons hereafter commencing the practice of medicine and surgery in any of its branches in the territory, shall apply to said board for a certificate so to do, and such applicant, at the time and place designated by said board, or at the regular meeting of said board, shall submit to an examination in the following branches, to-wit, anatomy, physiology, chemistry, histology, materia medica, therapeutics, preventive medicines, practice of medicine, surgery, obstetrics, diseases of women and children, diseases of the nervous system, diseases of the eye and ear, medical jurisprudence, and such other branches as the board shall deem advisable, and present evidence of [having practiced the required term of ten years, or of] having attended three (3) courses of lectures of at least four (4) months each. Said board shall cause such examination to be both scientific and practical, but of sufficient thoroughness and severity to test the candidate's fitness to practice medicine and surgery. When desired, said examination may be conducted in the presence of the dean of any medical school, or the president of any medical society of this territory. After examination, said board shall, if the candidate has been found qualified, grant a certificate to such candidate to practice medicine and surgery in the territory of Montana, which said certificate can only be granted by the consent of not less than four (4) members of said board, and which said certificate shall be signed by the president and secretary of said board, and attested by a seal thereof." There can be no controversy respecting the meaning of these clauses when viewed by...