State v. Pollman

• Decision Date: 18 November 1908
• Citation: 51 Wash. 110,98 P. 88
• Court: Washington Supreme Court
• Parties: STATE v. POLLMAN.

98 P. 88

51 Wash. 110

STATE v. POLLMAN.

Supreme Court of Washington

November 18, 1908

Appeal from Superior Court, Whatcom County; Jeremiah Neterer, Judge.

B. C Pollman was convicted of practicing medicine without a license, and appeals. Affirmed.

Fairchild & Bruce, for appellant.

Virgil Peringer, George Livesey, and Newman &amp Howard, for the State.

FULLERTON, J.

The appellant, Pollman, was informed against for the crime of practicing medicine without a license; the information omitting its title and verification, being as follows:

'In the name and by the authority of the state of Washington, I, Virgil Peringer, prosecuting attorney of Whatcom county, state of Washington, come now here and give the court to understand and be informed and on oath do accuse B. C. Pollman of the crime of practicing medicine without a license, committed as follows:

'Then and there being the said defendant, B. C. Pollman, in the city of Bellingham, county of Whatcom, state of Washington, and on or about the 11th day of August, 1907, did unlawfully practice medicine within the state of Washington in form and manner as follows, to wit: That then and there being the said B. C. Pollman did not possess, and had not obtained, a license to practice medicine or surgery, or any of the branches of medicine or surgery, within the state of Washington, and had not filed such license, or any copy thereof, with the clerk of said Whatcom county. That, without first having obtained such license, the said B. C. Pollman did then and there have and maintain an office and place of business at rooms 21 and 22 in the Commercial Building, in said city of Bellingham, Whatcom county, Washington, with his name and the abbreviation 'Dr.' and the word 'Physician,' in public view, and did then and there on a sign extending over the street from or near one of the windows of his office, then and there maintained by him, advertise the following: 'Dr. B. C. Pollman, Magnetic and Osteopathic Institute.' And did then and there on the door which opens off Holly street and leads upstairs into said Commercial Building, and to the said offices of said B. C. Pollman, advertise the following: 'Dr. B. C. Pollman, Osteopathic and Magnetic Physician. Office hours 9 to 12 a. m., 1 to 6, 7 to 8 p. m.' And on the door of said room 22, said room being a part of said B. C. Pollman's office, did advertise the following: 'Dr. B. C. Pollman, Private Office.' And on the door of said room 21, same being a part of his office, the said B. C. Pollman did advertise as follows: 'Dr. B. C. Pollman. Reception Room. Walk In.' And did on a tin sign over the door of room 21 advertise as follows: 'Dr. B. C. Pollman.' And did on the door leading to his private office advertise as follows: 'Dr. B. C. Pollman, Osteopathic and Magnetic Physician.' That the said B. C. Pollman did then and there claim to be able to cure many and various diseases and ailments, including spinal meningitis, lung and heart disease, ossified hand and wrist joints, female weakness, consumption, paralysis, blood poisoning, chronic constipation, typhoid pneumonia, chronic complicated diseases, nervous complications, organic diseases, apoplexy, rupture, diseases of the stomach and liver, and inflammation of the bladder, and did then and there assume and advertise the title of 'Dr.' and 'Physician' in such a manner as to tend to show that he, the said B. C. Pollman, was and is a lawful practitioner of some of the branches of medicine and surgery, in such a manner as to convey the impression that he, the said B. C. Pollman, was and is a practitioner of medicine and surgery under the laws of the state of Washington, and did cause to be published in the Bellingham Herald, a daily newspaper of general circulation in the city of Bellingham and in the county of Whatcom, and in the state of Washington, an advertisement in words, figures, and expressions as follows, to wit:

"Dr. Pollman's Undeniable Success.

"Investigate and be Convinced.

"One thousand dollars offered to any one who can prove any fake testimonials published.

"Here is a money-making proposition to any one who is in doubt or skeptical of the ability and skill of Dr. Pollman, a drugless physician, at the Commercial House, East Holly street.

"One thousand dollars is offered to any one who is capable of verifying that the writer is publishing fake testimonials.

"The public may cast away hate, prejudice, fear, worry, and useless excitable talk over a perfect drugless science, which is one of the greatest discoveries to cure chronic and acute sufferers and is saving many precious lives which would otherwise have been lost by the old school of drugs.

"Mankind is Always Doubting.

"Some years ago many doubted the power of steam to run a ship, locomotive, and so on; also the great unknown power of electricity, which has puzzled many scientists and who are convinced today of an unlimited power in the future, which already now moves and operates trains, boats, telegraph, telephone and wireless telegraphy, etc., and all this new and scientific demonstrations and facts we have experienced in the last 60 years. Humanity has slumbered many years in ignorance, and were kept in such condition by some rulers and their professed religious creed until God strengthened the mind of humanity, liberated man from slavery, and endowed him with sufficient power to exercise his own five physicial senses by which he gained the great power of thought, force, and freedom of progression. The people are thinking for themselves now, and they all know that we are living in a progressive century.

"The writer wishes to predict that the future will bring to you drugless doctoring and that in about fifteen years from now very little medicines will be used to cure diseases.

"The people should wake up by this time and know that drugs is the power of deception by which so many are made to believe for many years that it should cure them, but finally consult a drugless physician, who effects a cure.

"For spinal meningitis I would advise you to call on this physician, who has cured nine (9) cases and not lost one patient.

"Following names are from grateful patients cured of different diseases, and testifying in writing for the welfare of humanity:

"Sworn affidavits on file of following names published:

"No. 1--C. F. Wright, suffered for 8 years of complicated diseases. Cured.

"No. 2--Joseph Moore, suffered with lung and heart disease.

"No. 3--Mrs. J. J. Fox, cured of ossified hand, and wrist joints.

"No. 4--Miss Emma Fritch, saved from a surgical operation for female weakness.

"No. 5--Rudolph Schott, cured of a hopeless case of consumption.

"No. 6--Mrs. Florence Stevens, cured of a hopeless case of paralysis.

"No. 7--M. A. Hillebrecht, cured of blood poisoning after surgical operations were performed.

"No. 8--Robert Oberlatz, cured of chronic constipation and heart disease of long standing.

"No. 9--J. E. Pearson's son cured of a hopeless case of typhoid pneumonia.

"No. 10--Mrs. F. L. Myers, cured of a chronic complicated disease.

"No. 11--J. A. Greyell, cured of nervous complications.

"No. 12--J. B. Johnson, pronounced incurable of consumption and other organic diseases, now cured.

"No. 13--John Davis, cured of apoplexy.

"No. 14--Mrs. and Mr. A. E. Morris' son, cured of rupture.

"No. 15--Aug. B. Miller, cured of injury from cut of axe after physicians failed to benefit.

"No 16--J. C. Goodman, cured of stomach, liver and constipation troubles...