Eastman v. State

Citation10 N.E. 97, 109 Ind. 278
Case DateJanuary 25, 1887
CourtSupreme Court of Indiana

109 Ind. 278
10 N.E. 97

Eastman
v.
State.

Supreme Court of Indiana.

January 25, 1887.


Appeal from circuit court, Steuben county.

Indictment for practicing medicine without a license.


Geo. B. Adams, for appellant. The Attorney General, for the State.

ELLIOTT, C. J.

The appellant challenges the validity of the act regulating the practice of medicine and surgery, and on this challenge arises the principal question in the case.

The police power of a state is very broad and comprehensive. It has been variously defined by the courts and text writers. “It is,” said one of the courts, “that inherent and plenary power in the state which enables it to prohibit all things hurtful to the comfort and welfare of society.” Lakeview v. Rose Hill Cemetery, 70 Ill. 192. “All laws,” says another court, “for the protection of lives, limbs, health, and quiet of the person, and for the security of all property within the state, fall within this general power of government.” State v. Noyes, 47 Me. 189.

In Thorpe v. Rutland, 27 Vt. 149, it was held that, “under the general police power of the state, persons and property are subject to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the state, of the perfect right of the state to do which, no question ever was, or, upon acknowledged general principles, ever can be made, so far as natural persons are concerned.”

In speaking of this power, it was said by this court in Hockett v. State, 105 Ind. 250, S. C. 55 Amer. Rep. 201, and 5 N. E. Rep. 178, that “it extends to the protection of the lives, limbs, health, comfort, and convenience, as well as the property, of all persons within the state. It authorizes the legislature to prescribe the mode and manner in which every one may so use his own as not to injure another, and to do whatever is necessary to promote the public welfare, not inconsistent with its own organic law.” The views expressed in these cases are well supported by authority. Western U. Tel. Co. v. Pendleton, 95 Ind. 12; S. C. 48 Amer. Rep. 692; Cooley, Const. Lim. 572; Barbier v. Connelly, 113 U. S. 27;S. C. 5 Sup. Ct. Rep. 357;Soon Hing v. Crowley, Id. 703; S. C. 5 Sup. Ct. Rep. 730;Live-stock Ass'n v. Crescent City, 1 Abb. 388;Slaughter-house Cases, 16 Wall. 36.

The practice of medicine and surgery is a vocation that very nearly concerns the comfort, health, and life of every person in the land. Physicians and surgeons have committed to their care the most important interests, and it is an almost imperious necessity that only persons possessing skill and knowledge should be permitted to practice medicine and surgery. For centuries the law has required physicians to possess and exercise skill and learning, for it has mulcted in damages those who pretend to be physicians and surgeons, but have neither learning nor skill. It is therefore no new principle of law that is asserted by our statute; but, if it were, it would not condemn the statute, for the statute is an exercise of police power inherent in the

[10 N.E. 98]

state. It is, no one can doubt, of high importance to the community that health, limb, and life should not be left to the treatment of ignorant pretenders and charlatans. It is within the power of the legislature to enact such laws as will protect the people from ignorant pretenders, and secure them the services of reputable, skilled, and learned men, although it is not within the power of the legislature to discriminate in favor of any particular school of medicine. When intelligent and educated men differ in their theories, the legislature has no power to condemn the one, or approve the other, but it may require learning and skill in the school of medicine which the physician professes to practice. White v. Carroll, 42 N. Y. 161. The rule requiring physicians to possess learning and skill is a very ancient one. Bonham's Case, 8 Coke, 107; College of Physicians v. Levett, 1 Ld. Raym. 472. This rule of the common law has been incorporated in many of the state statutes, and these statutes have always been upheld. The statute of Minnesota is very similar to ours, and it was held to be valid in State v. State Medical Ass'n, 32 Minn. 324, S. C. 20 N. W. Rep. 238, the court saying: “In the profession of medicine, as in that of the law, so great is the necessity for special qualification in the practitioner, and so injurious the consequences likely to result from a want of it, that the power of the legislature to prescribe such reasonable conditions...

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65 practice notes
  • Jamieson v. Indiana Natural Gas & Oil Co.
    • United States
    • Indiana Supreme Court of Indiana
    • 20 Junio 1891
    ...City and County of San Francisco, 9 Ry. Cas. 494; State v. Wordin, 56 Conn. 216, 14 Atl. Rep. 801;Eastman v. State, and authorities cited, 109 Ind. 278, 10 N. E. Rep. 97. We conclude our discussion of this point by quoting from a recent opinion of the supreme court of the United States: “So......
  • Thompson v. Van Lear
    • United States
    • Supreme Court of Arkansas
    • 27 Enero 1906
    ...394; 94 U.S. 77; 17 Ga. 323; 67 Ill. 37; 113 Ind. 514; 63 Kan. 494; 50 N.E. 750; 22 Am. & Eng. Enc. Law, 584; 106 Iowa 28; 34 Tex. 21; 109 Ind. 278; 112 Ill. 289; 68 Ill. 444; 123 U.S. 623; 136 U.S. 436; 137 U.S. 86; Id. 624; 169 U.S. 365; 191 U.S. 297; 197 U.S. 11; 42 L. Ed., 1002; 4 Wall.......
  • Miller v. Jackson Tp., No. 21,747.
    • United States
    • Indiana Supreme Court of Indiana
    • 2 Julio 1912
    ...here for decision. [99 N.E. 111]No such emergency is pleaded. McNay v. Town of Lowell, 41 Ind. App. 627, 84 N. E. 778;Eastman v. State, 109 Ind. 278, 10 N. E. 97, 58 Am. Rep. 400. [18] The complaint also alleges that he paid himself for rental and use of his own property, and paid for servi......
  • Miller v. Jackson Township of Boone County, 21,747
    • United States
    • Indiana Supreme Court of Indiana
    • 2 Julio 1912
    ...111] No such emergency is pleaded. McNay v. Town of Lowell [178 Ind. 526] (1908), 41 Ind.App. 627, 84 N.E. 778; Eastman v. State (1887), 109 Ind. 278, 10 N.E. 97, 58 Am. Rep. 400. The complaint also alleges that he paid himself for rental and use of his own property, and paid for services t......
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56 cases
  • Jamieson v. Indiana Natural Gas & Oil Co.
    • United States
    • Indiana Supreme Court of Indiana
    • 20 Junio 1891
    ...City and County of San Francisco, 9 Ry. Cas. 494; State v. Wordin, 56 Conn. 216, 14 Atl. Rep. 801;Eastman v. State, and authorities cited, 109 Ind. 278, 10 N. E. Rep. 97. We conclude our discussion of this point by quoting from a recent opinion of the supreme court of the United States: “So......
  • Thompson v. Van Lear
    • United States
    • Supreme Court of Arkansas
    • 27 Enero 1906
    ...394; 94 U.S. 77; 17 Ga. 323; 67 Ill. 37; 113 Ind. 514; 63 Kan. 494; 50 N.E. 750; 22 Am. & Eng. Enc. Law, 584; 106 Iowa 28; 34 Tex. 21; 109 Ind. 278; 112 Ill. 289; 68 Ill. 444; 123 U.S. 623; 136 U.S. 436; 137 U.S. 86; Id. 624; 169 U.S. 365; 191 U.S. 297; 197 U.S. 11; 42 L. Ed., 1002; 4 W......
  • Miller v. Jackson Tp., No. 21,747.
    • United States
    • Indiana Supreme Court of Indiana
    • 2 Julio 1912
    ...here for decision. [99 N.E. 111]No such emergency is pleaded. McNay v. Town of Lowell, 41 Ind. App. 627, 84 N. E. 778;Eastman v. State, 109 Ind. 278, 10 N. E. 97, 58 Am. Rep. 400. [18] The complaint also alleges that he paid himself for rental and use of his own property, and paid for servi......
  • Parks v. State
    • United States
    • Indiana Supreme Court of Indiana
    • 7 Octubre 1902
    ...and that the indictment charges him with such offense substantially in the language of the statute. In Eastman v. State, 109 Ind. 279, 10 N. E. 97, 58 Am. Rep. 400, the appellant was prosecuted, as we may infer from the opinion of the court, as is the defendant in the case in hand, for unla......
  • Request a trial to view additional results

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