Indep. Med. Coll. v. People ex rel. Akin
| Decision Date | 16 October 1899 |
| Citation | 55 N.E. 345,182 Ill. 274 |
| Parties | INDEPENDENT MEDICAL COLLEGE v. PEOPLE ex rel. AKIN, Attorney General. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Cook County; Frank Baker, Judge.
Information for quo warranto by the people, on relation of Edward C. Akin, attorney general, against the Judependent Medical College, to forfeit its charter. From a judgment ousting defendant of its corporate privileges and franchises, it appeals. Affirmed.
James Lane Allen, for appellant.
E. C. Akin, Atty. Gen. (C. A. Hill and B. D. Monroe, of counsel), for appellee.
This is a proceeding by information in the nature of a quo warranto, brought in the circuit court of Cook county, February term, 1898, by the people, on the relation of the attorney general, against the Independent Medical College, a corporation, of Chicago, to forfeit its franchise or charter. The corporation was chartered in 1896, having as its object the establishment of ‘an institution of learning,’ and ‘for the purpose of promoting mental and physical culture,’ and for teaching branches taught in medical colleges generally, with power to grant diplomas and confer degrees. The information charges that the corporation is conducted for pecuniary profit; that it confers degrees and issues diplomas for a price, without regard to the qualification or fitness of the applicant to practice medicine; that in some cases no examination whatever is required, and degrees are conferred upon persons wholly unfit and incompetent; that in one case, specifically alleged, a diploma or license to practice medicine and surgery was granted for the price of $25, the applicant never having been a student of medicine or gurgery. It is further charged that the corporation ‘is a mere diploma mill, designed wholly for issuing diplomas to practice medicine, for a consideration to persons wholly unqualified for such practice.’ The respondent filed a plea to the information, denying its general allegations, and averring that it has not resorted to wrongful or unlawful methods in conferring degrees as a means of profit to its incorporations, and that it has not issued diplomas to persons wholly incompetent to practice medicine. To this plea the attorney general filed a replication, averring that the defendant ‘has usurped and misused, and does now usurp and misuse, its liberties, privileges, and franchises,’ and tenderingissue. Issue being joined, the cause was heard by the court, without a jury, upon the pleadings and evidence taken. The court found the defendant guilty as charged, and rendered judgment that the Independent Medical College be ousted and excluded from the exercise of all its corporate privileges and franchises under its articles of incorporation. The defendant prosecutes this appeal.
It is assumed by counsel for appellant that this is a criminal proceeding, and upon that assumption are based the contentions that the information does not recite with sufficient certainty the offense charged; second, that the trial court erred in admitting in evidence certain depositions introduced by the people; and, finally, that the evidence is not sufficient to warrant the judgment. The proceeding is not a criminal one in the sense that the offense must be charged with that degree of certainty necessary in an indictment; nor are the rules of evidence as to the...
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