Rubin v. United States, 5017.

• Citation: 59 App. DC 195,37 F.2d 991
• Decision Date: 06 January 1930
• Docket Number: No. 5017.,5017.
• Parties: RUBIN v. UNITED STATES.
• Court: United States Courts of Appeals. United States Court of Appeals (District of Columbia)

59 App. DC 195, 37 F.2d 991 (1930)

RUBIN v. UNITED STATES.

No. 5017.

Court of Appeals of District of Columbia.

Argued December 2, 1929.

Decided January 6, 1930.

R. M. Hudson, of Washington, D. C., for plaintiff in error.

Leo A. Rover and Charles B. Murray, both of Washington, D. C., for the United States.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

ROBB, Associate Justice.

Writ of error to the police court, where plaintiff in error was convicted of practicing medicine without a license, prior to the passage of the Act of February 27, 1929 (45 Stat. 1326), entitled "An Act To regulate the practice of the healing art to protect the public health in the District of Columbia."

Section 13 of the Act of June 3, 1896 (29 Stat. 198), entitled "An Act To regulate the practice of medicine and surgery, to license physicians and surgeons, and to punish persons violating the provisions thereof in the District of Columbia" (under which this prosecution was brought), so far as here material, provides: "Any person practicing medicine and surgery or midwifery in the District of Columbia, or who shall publicly profess to do so, without first having obtained from the board of medical supervisors of the District of Columbia a license * * * shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished for each offense by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the District jail for a period of not less than ten nor more than ninety days, or by both such fine and imprisonment." The section further provides that "it shall be the duty of the United States district attorney for the District of Columbia to prosecute all violations of the provisions of this Act."

Section 12 expressly provides "that this Act shall not apply * * * to the practice of massage or the so called Swedish movement cure. * * *"

The evidence for the prosecution was substantially as follows: Antoinette Weigal testified that she went to see Rubin and told him she had sleeping sickness; that he stated he could cure her within two weeks; that she was in his hospital two weeks, and that "Rubin did not do anything but apply something like vaseline with his hand on her body"; that he stated "he got the liquid from India by aeroplane."

The testimony of the father and mother of the witness was to the same effect, except that the mother stated "that there were large marks on her daughter's back and legs from the stuff Rubin rubbed on her"; and that, when the mother asked Rubin about the pain which her daughter suffered, he replied: "Oh, the germ has been killed. She has no germ any more. I could stop that but I do not want to stop that because it would not be good for her condition."

Mrs. Clementine Koon testified that before submitting to treatments by Rubin she made inquiries about him and went to see Dr. W. E. Philes, a duly licensed practicing physician; and also that she saw a letterhead used by Rubin, containing a copy of a District license to maintain a private hospital "Under General Management of Prof. B. Rubin. Under Supervision of Dr. W. E. Philes." She further testified that Rubin was called a doctor, and that he stated that "she had arthritis and treated her by dabbing liquid on her whole body with his hand which badly burned her, leaving scars on her body"; that Rubin told her he got the liquid from India. A sister of Mrs. Koon testified that Rubin told her he was a doctor.

Mrs. Elizabeth Davis testified that Rubin told her he was a doctor and that he promised to cure her daughter for $300; "that Rubin made a number of applications of liquid to the body of the child. That he rubbed liquid all over her with his hand, that the child was severely burned."

For the defense, Dr. Philes testified "that Rubin Health Institute has him as a physician, and that he was called in for consultation upon occasion when any patient needed medicine."

Other witnesses testified to the effect that Rubin had given them "his massage treatment with his liquid," and that they...