Dantzler v. Callison, No. 17016

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtJ. WOODROW LEWIS
Citation88 S.E.2d 64,227 S.C. 317
PartiesDr. M. S. DANTZLER et al., Appellants, v. T. C. CALLISON, Attorney General of S. C., Respondent.
Docket NumberNo. 17016
Decision Date13 June 1955

Page 64

88 S.E.2d 64
227 S.C. 317
Dr. M. S. DANTZLER et al., Appellants,
v.
T. C. CALLISON, Attorney General of S. C., Respondent.
No. 17016.
Supreme Court of South Carolina.
June 13, 1955.

Page 65

[227 S.C. 318] Sam R. Watt, T. E. Walsh, Spartanburg, for appellants.

[227 S.C. 319] T. C. Callison, Atty. Gen., James S. Verner, Asst. Atty. Gen., M. L. Meadors, Florence, for respondent.

J. WOODROW LEWIS, Acting Associate Justice.

This is an action instituted by the plaintiffs-appellants, Naturopathic Physicians, individually, as officers of the South Carolina Naturopathic Physicians Association, and in behalf of all other Naturopathic Physicians licensed in the State of South Carolina, against the Attorney General of South Carolina, seeking a Declaratory Judgment construing and interpreting the statutes of this State relating to Naturopathic Physicians so as to confer upon them the right to [227 S.C. 320] prescribe and administer drugs of a botanical origin including opium and its derivatives.

The complaint alleges that Chapter 16 of the Code of Laws, 1952, § 56-901 et seq., sets forth the rights of Naturopathic Physicians practicing in this State; that pursuant to said statutes they have the right to prescribe

Page 66

and administer drugs of a botanical origin including opium and its derivatives, as well as to administer and prescribe aminopyrine, any barbiturates, and penicillin; and that they do now prescribe and administer vitamins, minerals, barbiturates and penicillin in the practice of their profession. The complaint further alleges that it is essential in the practice of their profession, as permitted by the laws of this State, to administer and prescribe such drugs; and that the training required of Naturopaths, both as prescribed by the laws of this State and by their profession, fully qualify Naturopaths to understand the beneficial use and the harmful effects of drugs of a botanical origin. It is further alleged that the respondent, Attorney General of South Carolina, has rendered an opinion holding that a duly licensed Naturopathic Physician cannot prescribe and administer opium and its derivatives in the course of their professional practice, and that as a result of said opinion Naturopaths are denied the right to fully practice all aspects of their profession as permitted by the laws of this State. The complaint seeks an interpretation and construction of the laws of this State so as to confer upon Naturopaths the right to...

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16 practice notes
  • State ex rel. Collet v. Scopel, No. 46212
    • United States
    • United States State Supreme Court of Missouri
    • 8 Septiembre 1958
    ...administer and prescribe such drugs' as opium and its derivatives, aminopyrine, barbiturates and penicillin [Dantzler v. Callison, 1955, 227 S.C. 317, 88 S.E.2d 64, 66], and licensed naturopaths in Florida stubbornly and successfully sought the right to prescribe narcotic drugs. State Dept.......
  • Gottula v. Standard Reliance Ins. Co., No. 34133
    • United States
    • Supreme Court of Nebraska
    • 5 Julio 1957
    ...used to test the sufficiency of the complaint if it is vulnerable on any of the statutory grounds of demurrer.' In Dantzler v. Callison, 227 S.C. 317, 88 S.E.2d 64, 67, the court held: 'The use and determination of the demurrer in actions arising under Declaratory Judgment Act is controlled......
  • Dantzler v. Callison, No. 17200
    • United States
    • United States State Supreme Court of South Carolina
    • 20 Agosto 1956
    ...deep or touch not'. We of course must assume that it knew of the decisions of this Court involving Naturopathy in Dantzler v. Callison, 227 S.C. 317, 88 S.E.2d 64; Jacoby v. South Carolina State Board, 219 S.C. 66, 64 S.E.2d 138; and Williams v. Capital Life, supra. However, the right to pr......
  • Charleston County School Dist. v. South Carolina State Ports Authority, No. 0271
    • United States
    • Court of Appeals of South Carolina
    • 22 Febrero 1984
    ...of the demurrer in declaratory judgment actions is controlled by the same principles as apply in other cases. Dantzler v. Callison, 227 S.C. 317, 88 S.E.2d 64 Also, the school district has another statutory remedy to contest the decisions of the Tax Commission. Section 12-3-140(10) provides......
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16 cases
  • State ex rel. Collet v. Scopel, No. 46212
    • United States
    • United States State Supreme Court of Missouri
    • 8 Septiembre 1958
    ...administer and prescribe such drugs' as opium and its derivatives, aminopyrine, barbiturates and penicillin [Dantzler v. Callison, 1955, 227 S.C. 317, 88 S.E.2d 64, 66], and licensed naturopaths in Florida stubbornly and successfully sought the right to prescribe narcotic drugs. State Dept.......
  • Gottula v. Standard Reliance Ins. Co., No. 34133
    • United States
    • Supreme Court of Nebraska
    • 5 Julio 1957
    ...used to test the sufficiency of the complaint if it is vulnerable on any of the statutory grounds of demurrer.' In Dantzler v. Callison, 227 S.C. 317, 88 S.E.2d 64, 67, the court held: 'The use and determination of the demurrer in actions arising under Declaratory Judgment Act is controlled......
  • Dantzler v. Callison, No. 17200
    • United States
    • United States State Supreme Court of South Carolina
    • 20 Agosto 1956
    ...deep or touch not'. We of course must assume that it knew of the decisions of this Court involving Naturopathy in Dantzler v. Callison, 227 S.C. 317, 88 S.E.2d 64; Jacoby v. South Carolina State Board, 219 S.C. 66, 64 S.E.2d 138; and Williams v. Capital Life, supra. However, the right to pr......
  • Charleston County School Dist. v. South Carolina State Ports Authority, No. 0271
    • United States
    • Court of Appeals of South Carolina
    • 22 Febrero 1984
    ...of the demurrer in declaratory judgment actions is controlled by the same principles as apply in other cases. Dantzler v. Callison, 227 S.C. 317, 88 S.E.2d 64 Also, the school district has another statutory remedy to contest the decisions of the Tax Commission. Section 12-3-140(10) provides......
  • Request a trial to view additional results

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