Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 — John Shaqi
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
=Statutory Regulation of the Right to Practise, Constitutional.=—The
exercise by the States of these statutory powers is upheld as a valid
exercise of the “police power,” to protect the health of the community.
When the constitutionality of such enactments has been questioned,
it has been attacked upon the alleged ground that the statutes under
question unjustly discriminated in favor of one class of citizens and
against another class; and as depriving those already engaged in the
practice of medicine or surgery of “their property without due process
of law.” State _v._ Pennoyer, 18 Atl. Rep., 878; _ex parte_ Spinney,
10 Nev., 323; People _v._ Fulda, 52 Hun. (N. Y.), 65-67; Brown _v._
People, 11 Colo., 109.
_Opinion of United States Supreme Court._—This subject has been
carefully considered by the United States Supreme Court in a recent
case, and the broad extent of the legislative powers of the States to
regulate such matters clearly and fully declared. Dent _v._ West Va.
(129 U. S., 114). The Court say—pp. 121 _et seq._—Mr. Justice Field
delivering the opinion, in which all the other Justices concur: “The
unconstitutionality asserted consists in its [the statutes] alleged
conflict with the clause of the Fourteenth Amendment, which declares
that no State shall deprive any person of life, liberty, or property,
without due process of law; the denial to the defendant of the right to
practise his profession, without the certificate required, constituting
the deprivation of his vested right and estate in his profession, which
he had previously acquired.
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