People ex rel. State Bd. of Health v. Gordon

• Decision Date: 21 February 1902
• Citation: 194 Ill. 560,62 N.E. 858
• Parties: PEOPLE, to Use of STATE BOARD OF HEALTH, v. GORDON.
• Court: Illinois Supreme Court

194 Ill. 560

62 N.E. 858

PEOPLE, to Use of STATE BOARD OF HEALTH,

v.GORDON.

Supreme Court of Illinois.

Feb. 21, 1902.

Appeal from appellate court, Second district.

Action by the people, for the use of the state board of helath, against Joseph P. Gordon. From a judgment of the appellate court (96 Ill. App. 456) affirming a judgment for defendant, plaintiff appeals. Reversed.E. D. Reynolds and Warwick A. Shaw, for appellant.

R. K. Welsh, for appellee.

This is an action of debt by the people, for the use of the state board of health, against Joseph P. Gordon, to recover a penalty for practicing medicine without a license, contrary to the provisions of the act of 1899, entitled ‘An act to regulate the practice of medicine in the state of Illinois, and to repeal an act therein named.’ Hurd's Rev. St. 1899, p. 1143. The suit was originally begun before a justice of the peace in Winnebago county, where there was a judgment for defendant. On the trial, on appeal to the circuit court of that county, at the close of all the evidence, the jury, by direction of the court, returned a verdict for the defendant, upon which judgment was entered. The appellate court for the Second district has affirmed that judgment, and the cause is brought here by the people, for the use, etc., upon further appeal.

So much of the act as is applicable to the case is as follows:

‘Sec. 2. No person shall hereafter begin the practice of medicine or any of the branches thereof, or midwifery, in this state without first applying for and obtaining a license from the state board of health to do so. * * * Applications from candidates who desire to practice medicine and surgery in all their branches shall be accompanied by proof that the applicant is a graduate of a medical college or institution in good standing, as may be determined by the board. When the application aforesaid has been inspected by the board and found to comply with the foregoing provisions, the board shall notify the applicant to appear before it for examination, at the time and place mentioned in such notice. * * * The examination of those who desire to practice medicine and surgery in all their branches shall embrace those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of doctor of medicine, by reputable medical colleges in the United States. * * * The examination of those who desire to practice any other system or science of treating human ailments who do not use medicines internally or externally, and who do not practice operative surgery shall be of a character sufficiently strict to test their qualifications as practitioners.’

This section then provides for making rules for the examination by the board, which shall provide for a fair and wholly impartial method of examination, and ‘that graduates of legally chartered medical colleges in Illinois in good standing as may be determined by the board may be granted certificates without examinations.’

‘Sec. 3. If the applicant successfully passes his examination, or presents a diploma from a legally chartered medical college in Illinois of good standing, the board shall issue to such applicant a license authorizing him to practice medicine, midwifery or other system of treating human ailments, as the case may be: provided, that those who are authorized to practice other systems can not use medicine internally or externally or perform surgical operations: provided, further, that only those who are authorized to practice medicine and surgery in all their branches shall call or advertise themselves as physicians or doctors.’

The section then authorizes the issuing of licenses in such form as the board may determine, in accordance with the provisions of the act, and further provides that, for any willful violation on the part of an applicant of any of the rules and regulations of the board governing examination, the board may refuse to issue a license to such applicant.

The fourth section provides for recording certificates, and the fifth for the fees which may be charged for the examination, authorizing certain fees for a certificate to practice medicine and surgery, and the same fee for all other practitioners. Section 6 provides that the board may refuse to issue certificates under certain circumstances therein stated. Section 7 is as follows:

‘Sec. 7. Any person shall be regarded as practicing medicine, within the meaning of this act, who shall treat or profess to treat, operate on or prescribe for any physical ailment or any physical injury to or deformity of another: provided, that nothing in this section shall be construed to apply to the administration of domestic or family remedies in cases of emergency, or to the laws regulating the practice of dentistry or of pharmacy. And this act shall not apply to surgeons of the United States army, navy or marine hospital service in the discharge of their official duties, or to any person who ministers to or treats the sick or suffering by mental or spiritual means, without the use of any drug or material remedy.’

Section 9 denounces a penalty against ‘any person practicing medicine or surgery or treating human ailments in the state without a certificate issued by this board in compliance with the provisions of this act,’ etc., to be recovered in an action of debt in the name of the state board of health, and with the proviso ‘that this section shall not apply to physicians who hold unrevoked certificates from the state board of health, issued prior to the time of the taking effect of this act.’

On the trial in the circuit court the plaintiff produced four witnesses, who testified that the defendant had an office in the city of Rockford, on which was the sign, ‘Dr. Gordon, Healer,’ or ‘Magnetic Healer’; that he consulted with the witnesses as to the nature of their ailments, and treated them. M. M. Carpenter stated: ‘I went to his place of business prior to March 21, 1900. Went to talk to the doctor. He has two rooms. Saw chairs and tables and carpets in his rooms. Ordinary writing table in his waiting room. Was in his private room off his waiting room, in which there was a kind of a lounge, table,-a place where he lays a person. He told me to lay down, and I did so, and he gave me treatment. It was a massage treatment,-rubbing. He rubbed the muscles of my arms and legs. My stomach bothered me. He rubbed me across there. He used no medicine or instruments whatever, and gave no directions as to diet.’ Mrs. Minnie Peterson testified: ‘I know Dr. Gordon and where his place of business is. I was at his office a year ago last June. I took twenty-six treatments. I commenced in June, and treated in July, and got through the last of July. I went into his waiting room, and into his private room. He told me he could cure me. Said he knew if I would let him he could help me, and he treated me. He made an examination, and said I was troubled with paralysis and nervousness. He rubbed me in treating me, and had me lay down. He manipulatedon me fifteen to twenty or twenty-five minutes. He rubbed my body and bent my limbs. I believe he stated I should walk and use my limbs all I could, so that the blood would get to circulating a good deal. He charged me for his services. He claimed to me he could cure constipation.’ She also testified he used no instruments or medicines, externally or internally. The other two witnesses testify substantially to the same effect.

The defendant was sworn on his own behalf, and his testimony is here set out at length: ‘My name is Joseph P. Gordon. Resided in the city of Rockford since a year ago from the 1st of last April. I am the defendant in this proceeding. My place of business is in the Stewart Block, on South Main street, in this city. In my business of treating the sick I do not use any drugs, medicines, or material remedies of any kind. I do not use any instruments, nor have I any instruments or drugs in my office. I never have prescribed any medicine or diet or given any prescription of any kind. My treatment and its theory is a magnetic treatment applied to the nervous system, principally, and I work on the muscles to restore the action of the nerves. It is a mental science. Q. Do you use what is generally termed ‘mental suggestion’? (Objection by counsel for plaintiff. Overruled, and exception saved by counsel for plaintiff.) A. Yes, sir; it is merely a suggestion to the person, like this: When a person comes in with a disease that they have been told is incurable, we don't go on with that. We give them a mental suggestion to the effect that their case is not incurable. My theory is to get strength and to restore the nerves,-to build up the nerve force. Like that lady that came in here last Friday. She had paralysis. I told her she had nervous trouble. I treated her to restore the nerve force. She was weak mentally. Doctors had told her her case was paralysis. I told her it was nervous trouble, which paralysis is. I gave the boy who referred to paying five dollars for seven treatments a half dozen treatments. He stopped the treatment before I wanted him to.' Cross-examination: ‘I never attempted to get a license from the state board of health. I might have told this boy he would have to receive a certain number of treatments. I operated first in the instance of disease like the case of a gentleman who has...