Iowa Eclectic Med. Coll. Ass'n v. Schrader

• Decision Date: 09 May 1893
• Citation: 87 Iowa 659,55 N.W. 24
• Parties: IOWA ECLECTIC MEDICAL COLLEGE ASS'N v. SCHRADER ET AL., BOARD OF MEDICAL EXAMINERS.
• Court: Iowa Supreme Court

87 Iowa 659

55 N.W. 24

IOWA ECLECTIC MEDICAL COLLEGE ASS'N

v.SCHRADER ET AL., BOARD OF MEDICAL EXAMINERS.

Supreme Court of Iowa.

May 9, 1893.

Appeal from district court, Polk county; C. P. Holmes, Judge.

Action by writ of certiorari to inquire into the legality of certain action of the defendant board with respect to the plaintiff college. Judgment was entered in the district court dismissing the petition, from which judgment plaintiff appeals.C. C. & C. L. Nourse, for appellant.

John Y. Stone, Atty. Gen., and Thos. A. Cheshire, for appellee.

GIVEN, J.

1. The inquiry in this kind of proceeding is whether the defendant has “exceeded his proper jurisdiction, or is otherwise acting illegally.” Code, § 3216. When the defendant has jurisdiction, and is given a discretion, the courts cannot, on certiorari, inquire into the correctness of its decisions upon matters of fact, nor review the exercise of the discretion given. Hildreth v. Crawford, 65 Iowa, 339, 21 N. W. Rep. 667;Darling v. Boesch, 67 Iowa, 702, 25 N. W. Rep. 887;Smith v. Board, 30 Iowa, 531;Tiedt v. Carstensen, 61 Iowa, 334, 16 N. W. Rep. 214. Our inquiry is exclusively as to jurisdiction and legality of action, and if jurisdiction existed, and the action was legal, we must affirm, even though the motive was wrongful. Polk Co. v. City of Des Moines, 70 Iowa, 351, 30 N. W. Rep. 614. To understand the acts complained of and the complaints made, it is necessary to notice the following facts: At, and for some time prior to, and ever since, the action complained of, the plaintiff was a legally incorporated and organized medical college, carried on for the purpose of giving instructions in medicine and surgery, and to confer degrees upon and issue diplomas to its graduates. The defendants, Schrader et al., constituted the board of medical examiners of the state, as provided in section 2546, McClain's Code. It is required by our statute that every person practicing medicine, surgery, or obstetrics within this state shall first procure a certificate from the board of medical examiners of his right to do so. Said section 2546, after providing that graduates in medicine desiring such certificates shall present his or her diploma to the state board of examiners for verification as to its genuineness, provides as follows: “If the diploma is found genuine, and is issued by a medical school legally organized and in good standing, of which the state board of examiners shall determine, and if the person presenting and claiming such diploma be the person to whom the same was originally granted, then the state board of examiners shall issue its certificate to that effect, signed by not less than five physicians thereof, representing one or more physicians of the schools on the board, and such certificate shall be conclusive as to the right of the lawful holder to practice medicine, surgery, and obstetrics within this state.” At a meeting of the defendant board, May 30, 1888, “it was moved that the Iowa Eclectic Medical College, located at Des Moines, be recognized as in good standing.” This motion was adopted by a vote of five ayes to two nays, and thereupon and thereafter certificates were issued to graduates of said college. On March 22, 1890, C. P. Evans, a graduate of said college in the class of 1889-90, exhibited his diploma to the secretary of the defendant board, which was then verified as to its genuineness, and returned to the applicant with a blank for making application for a certificate when he desired to do so. His application was not received until May 21, 1890, and no other application from plaintiff's graduates was before the defendant board during that time. The defendant board, at its organization, adopted a schedule of minimum requirements as to qualifications of students on entering college, branches to be taught, how to be taught, length of course and attendance, facilities for teaching, and that “the aggregate graduates of a college shall not exceed forty-five per cent. of its aggregate matriculates during the period of five years ending with any session subsequent to sessions of 1885-86.” At the regular meeting of the board, May 7, 1890, and when the board was about to adjourn until the regular meeting in November, written charges were received from Thomas A. Brazill against the plaintiff college, charging that it was conducted and operated in violation of the laws of the state, and specifying certain particulars. The specifications show a disregard of the requirements in every respect, except as to the per cent. of graduates. On receipt of these charges it was moved and carried that they be placed on file, and a copy be furnished to plaintiff, with notice to appear at the next meeting of the board and answer the charges. Dr. Clark offered the following resolution, which was carried: “Resolved, that this board will not issue certificates to graduates of the Iowa Eclectic Medical College at Des Moines, for the session of 1889-90, until the standing of said college shall have been determined.” Following this action the board adjourned until the November meeting. At the regular November meeting the following proceedings were had: Thomas A. Brazill, the complainant, and Dr. John Cooper, dean of plaintiff college, being present, were each sworn and examined. At the conclusion of the evidence the following was adopted, by unanimous vote: “Resolved, that in the opinion of this board the charges against the Iowa Eclectic Medical College, preferred by Mr. Brazill, are not fully sustained, no witness for the prosecution other than himself having testified; but on the testimony of the dean of the faculty of the college aforesaid, to wit, Dr. John Cooper, himself, we find sufficient corroborative evidence to satisfy us that the teaching in said college is not up to our minimum requirements, and therefore we feel constrained to withhold certificates from the graduates of said college. On motion, the secretary was authorized to withhold all applications from colleges not now authorized by this board until next meeting of the board. The secretary called attention to the application of Charles P. Evans, a graduate of the said Iowa Medical College, on file in the office of the secretary since May 12, 1890.” The record of this date (November 20, 1890) shows the following relative thereto: “Charles P. Evans, a graduate of the Iowa Eclectic Medical College for the season of 1889-90, applied for a certificate to practice medicine in the state of Iowa. It was moved and seconded that the application be rejected, on the ground that he fails to furnish satisfactory evidence of having graduated from a college recognized by this board as in good standing.”

2. Appellant's contentions are that said action of the defendant board is illegal because not authorized by the statute, and, if authorized, is illegal because a statute so authorizing is in violation of the constitution. There is a diversity of opinion as to the necessity for such statutes, but with that we have nothing to do. Our inquiry is whether the statute authorized the action had, and, if so, whether that authority is in contravention of the constitution. In pursuing these inquiries we must have in mind the purpose of these statutes, which evidently is the protection of the public against incompetent persons practicing medicine, surgery, or obstetrics, by restraining the practice of those sufficiently learned in that profession. As a means of determining who are thus learned, the board of medical examiners was created, with authority, subject to certain restrictions, to determine who are entitled to certificates authorizing them to practice medicine. This they determine...