State v. Purl

• Decision Date: 13 May 1910
• Citation: 128 S.W. 196,228 Mo. 1
• Parties: STATE ex rel. WILLIAMS v. PURL et al., State Board of Dental Examiners.
• Court: Missouri Supreme Court

128 S.W. 196

228 Mo. 1

STATE ex rel. WILLIAMS v. PURL et al., State Board of Dental Examiners.

Supreme Court of Missouri.

May 13, 1910.

1. PHYSICIANS AND SURGEONS (§ 2)—REVOCATION OF LICENSE—STATUTES—"FRAUD"— "DECEIT"—"MISREPRESENTATION."

Rev. St. 1899, § 8528, as amended by Acts 1905, p. 215 (Ann. St. 1906, p. 4002), authorizing the Board of Dental Examiners to revoke the license of any dentist for "fraud, deceit, or misrepresentation" in the practice of dentistry, is not invalid for uncertainty because the quoted words have a well-defined meaning in law and in common use; the word "fraud" meaning an intentional perversion of truth to induce another in reliance on it to part with some valuable thing belonging to him, or to surrender a legal right, the word "deceit" meaning any trick or contrivance used to defraud another to his injury, and the word "misrepresentation" meaning untrue, improper, or unfaithful representation, such as a false statement of account, or as a misrepresentation of one's motives.

2. STATUTES (§ 188)—CONSTRUCTION—MEANING OF WORDS.

Where words having a well-defined meaning at common law and in ordinary use, are used in a statute, the presumption is that they are used in their usual sense.

3. PHYSICIANS AND SURGEONS (§ 11)—REVOCATION OF LICENSE—GROUNDS.

A dentist, who by false advertisements as to the cost of a set of teeth, as to re-enameling teeth or making teeth without bridges or plates, curing pyorrhea, etc., intended to make the public believe that they would get something different and better than they actually received from him, and something different and better than they would receive from other dentists, and who by means thereof procured from patients various sums of money, was guilty of fraud, deceit, or misrepresentation in the practice of dentistry, within Rev. St. 1899, § 8528, as amended by Acts 1905, p. 215 (Ann. St. 1906, p. 4002).

4. PHYSICIANS AND SURGEONS (§ 2)—PRACTICE OF DENTISTRY—"VIOLATION OF PROFESSIONAL DUTIES."

The words "gross violation of professional duties" in Rev. St. 1899, § 8528, as amended by Acts 1905, p. 215 (Ann. St. 1906, p. 4002), authorizing the revocation of the license of a dentist for "fraud, deceit, or misrepresentation in the practice of dentistry, or for gross violation of professional duties," are used to cover offenses similar to and belonging to the same general class as those denounced by the words "fraud, deceit, or misrepresentation," so that the statute is not invalid for uncertainty on the ground that the words "gross violation of professional duties" have no well-defined meaning.

In Banc. Mandamus by the State, on the relation of J. Homer Williams, against H. B. Purl and others, State Board of Dental Examiners, to compel the board to rescind an order revoking the license of relator to practice dentistry. Peremptory writ of mandamus denied.

This is an original proceeding by mandamus, instituted by the relator in this court to compel the respondents, the State Board of Dental Examiners to rescind an order theretofore made by it revoking the license of relator to practice dentistry; to reinstate his original license; and to issue him a renewal license for the year 1909. An alternative writ was issued and served, and in due time respondents filed their return. The reply denied certain allegations contained in the return, and thereby tendered certain issues of fact for determination. Thereupon the court appointed Mr. Elliott H. Jones of the Kansas City bar a special commissioner to hear the evidence, make a finding of the facts, and report them, together with the evidence taken in the cause, to this court. In pursuance to that order, the commissioner set the cause down for hearing and notified all the parties, who appeared and introduced their evidence. The commissioner heard all the evidence, made a finding of the facts and reported them, with the evidence taken, to this court. Since no question is raised as to the sufficiency of the pleadings, and as the findings of the commissioner are fairly embraced within the issues joined, it will be unnecessary to burden this opinion by setting the pleadings out, which are quite lengthy. The report of the commissioner is in words and figures as follows:

"1. The commissioner finds that on October 29, 1908, respondents in this cause, constituting the State Board of Dental Examiners of the state of Missouri, heard complaints and evidence thereon against relator, J. Homer Williams, concerning his conduct in the practice of dentistry in this state, it being charged before said board that said J. Homer Williams had been guilty of fraud, deceit and misrepresentation in the practices of dentistry and of gross violation of professional duties; your commissioner finds that the evidence produced at such trial before said State Dental Board was as follows:

"First. The oral testimony of witnesses, Mrs. Eliza Lehuheer, Jean G. Strickland, Minnie Gail, Carrie Schmeltz, J. Homer Williams, Mrs. Jennie B. Williams, Dr. Charles George Loney, G. W. Stubbs, and Oliver R. Wroughton, also the affidavits of W. A. Gipson, Herbert H. Clark and S. J. Polin, and certain testimonial letters, which said letters and affidavits, together with the testimony of said witnesses, were transcribed by Mrs. George M. Haden, and attached to relator's bill in this cause, marked `Exhibit B.'

"Second. Relator J. Homer Williams produced before said dental board at said hearing his ledger or account book said to contain a description of the dental work done in his office and charges made for such work, and relator examined said book for some minutes in the presence of said board, and thereupon announced that he was unable to find any charges for work done for 20 cents or 25 cents as advertised. Thereupon said books were passed to the members of the dental board who examined the contents thereof.

"Third. The members of the said State Dental Board, who conducted said trial, being all of respondents except Dr. H. B. Purl, who was absent, made an examination of the dental work done by relator upon the teeth of Mr. Jean G. Strickland, Miss Minnie Gail and Mrs. Carrie Schmeltz.

"Fourth. Said members of the State Dental Board also examined certain advertisements (copies of which were set out in the return to the alternative writ of mandamus), shown to have been inserted by relator in various newspapers, which advertisements were offered in evidence, and are as follows:

"Exhibit A.

"Special. Best Teeth. $1.

"[Here is shown a picture of a plate with teeth, across which is written "20-year guarantee."]"

"Until May 1st we have decided to make our new gold dust plates with best teeth for one dollar. Do not cover roof of mouth. Lightest plate known. Guaranteed to bite corn off the cob.

                Best set of Teeth.......................... $1 00
                Bridge Work Guaranteed.....................  2 75
                32 K Gold Crowns...........................  2 50
                Gold fillings..............................    50 up
                Silver fillings............................    20
                Teeth extracted without pain...............    20
                

"Williams Painless Dentists.

"1007 Main St.

"Loose Teeth Tightened. Open daily. Sundays 9 to 4. Evening till 9.

"Exhibit B.

                    "2.00.      Loose Teeth Tightened
                

"[Here shows a picture with a plate with teeth, across which is written "J. Homer Williams, 1007 Main."]"

"Best Teeth.

Are made by the original Williams system without bridges or plates. Illustrated book free.

"Pyorrhea Cured.

"Prices until Sept. 20:

                Full set of teeth.......................... $2 00
                Crowns ....................................  2 00
                Teeth extracted without pain...............    20
                Bridge work................................  2 00
                Gold fillings..............................    50
                Silver fillings............................    20
                

"Exhibit C.

"[Here is shown a cut of plate with teeth, across which is written "Free No Money."]"

"We will do all cleaning, gold alloy filling and extracting by our new painless methods for only 25¢ to pay part cost of material if you come before July 10.

"Teeth re-enameled.

"Teeth made without bridges or plates.

"Loose teeth tightened. All work guaranteed.

"Send for free book about teeth.

"Dr. Williams, Specialist, 1007 Main St.

                "Hours 8 to 8.             Sundays, 9 to 4
                

"And your commissioner finds that in arriving at their decision in the matter of the complaints and charges against Dr. J. Homer Williams, the said members of the State Dental Board took into consideration said testimony of witnesses, a transcript of which is filed with relator's bill herein and marked `Exhibit B,' the information derived from relator's ledger or account book, also their conclusions formed from an examination of the work done by the relator upon the teeth of the persons mentioned, and also their opinion as to the said advertisements published by relator, and as to whether or not said advertisements were honest or fraudulent; such opinions being formed by respondents from their expert knowledge in such matters gained from the study of dentistry and their experience in the practice of dentistry; and your commissioner finds and reports that the aforementioned evidence was all that came before said dental board in the matter of said complaints and charges against relator and J. Homer Williams.

"2. Your commissioner finds the fact to be from the evidence that the respondents, constituting the State Dental Board, received all the evidence before said board, and had a full hearing in the matter of the trial of said complaints and charges against relator, J. Homer Williams, and that they carefully considered all such evidence; that such trial was conducted in a fair and impartial manner; and that in arriving at their conclusion and decision upon said charge the board did not act arbitrarily, but in good faith, and in conscientious performance of their duties as such board. No evidence to the contrary was ever produced before me "3. Your commissioner...