Asociación Médica de Puerto Rico, Inc. v. Rechani

42 P.R. 87
CourtSupreme Court of Puerto Rico
DecidedMarch 31, 1931
DocketNo. 4776
StatusPublished

This text of 42 P.R. 87 (Asociación Médica de Puerto Rico, Inc. v. Rechani) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asociación Médica de Puerto Rico, Inc. v. Rechani, 42 P.R. 87 (prsupreme 1931).

Opinion

Mr. Justice Texidor

delivered the opinion of the Court.

The Medical Association of Puerto Rico, alleging that it is a corporation organized according to law, filed a petition for an injunction in the District Court of San Juan to restrain Pío Rechani from practicing medicine. Apart from the averment already stated, it is alleged in the complaint that the defendant, without having a license from the Insular Board of Medical Examiners and without any authority under the laws of Puerto Rico, has been practicing medicine, mailing diagnoses, prescribing for persons, filling the office of municipal physician in violation of Act No. 73 of 1923 and Act No. 15 of 1924, and without having a diploma from any medical school recognized by the Board of Medical Examiners or any license from such Board; that the taking or ingestion [88]*88of the medicines and drugs prescribed for patients by the defendant constitutes a public danger; that the defendant charges fees to patients for his treatments; that such acts are prejudicial to the members of the plaintiff association who are thus deprived of the compensation which they would otherwise receive from prospective patients, a loss which can not be accurately estimated; and that the defendant is insolvent and the injured parties could not enforce any judgment granting damages against him.

The defendant answered and denied that he was practicing medicine unlawfully. He also set up that by virtue of the provisions of Act No. 79 of 1911 he has been practicing medicine, holding office, and prescribing for patients, without usurping the functions of licensed physicians in Puerto Rico., and without receiving any other than just compensation from ■his patients for his services; he denied that his acts are dangerous to the health or safety of the people, or that the same have caused any damage to the plaintiff or its members.

At the hearing the defendant presented a motion to quash which, as appears from the opinion of the court, the parties agreed to consider as a demurrer. The defendant moved thereby to dismiss the complaint: (a) Because the facts stated therein are insufficient to warrant the issuance of a writ of injunction; (b) because the plaintiff had no legal capacity to apply for the writ; and (c) because the plaintiff had an adequate remedy at law.

The court denied the petition for injunction and gave the reasons for its decision in an opinion in which it specially analyzes its jurisdiction as a court of equity, the propriety of' the issuance of the writ, the capacity of the plaintiff to sue, the existence of a remedy at law and of the special damages to the plaintiff. Thereupon the latter appealed, and it has assigned five errors.

The appellant urges that the court erred in holding that it had no jurisdiction of this.proceeding because of the nature thereof.

[89]*89Tu the opinion forming the basis of its judgment, the district court states that the law relied upon by the plaintiff is Act No. 73 of 1923, as amended by Act No. 15 of July 1, 1924, which prescribes that the unlawful practice of medicine and surgery is a misdemeanor and provides that the Board of Medical Examiners may investigate the identity of any person who passes himself off as a physician and, in a proper case, may cancel his license and advise the Attorney General •to prosecute the offender before the courts. The court expressed the view that the law in this respect is a penal statute, and further said:

“ A court of equity has no jurisdiction to enjoin the commission of crimes or interfere to prevent unlawful acts solely because they are unlawful, and the reason for this is not only the lack of jurisdiction, but also the existence of an adequate remedy at law; in other words, courts of equity should not intervene in the administration of a criminal statute.”

In support of this doctrine citation is made of Spelling, of Wharton on Criminal Law, and of Corpus Juris.

As opposed to these views of the trial court, the appellant cites the holding in the case of In re Debbs, 158 U.S. 564, 593, where it was said:

“Again, it is objected that it is outside of the jurisdiction of a court of equity to enjoin the commission of crimes. This, as a general proposition, is unquestioned. A chancellor has no criminal jurisdiction. Something more than the threatened commission of an offense against the laws of the land is necessary to call into exercise the injunctive powers of the court. There must be some interferences, actual or threatened, with property or rights of a pecuniary nature, but when such interferences appear the jurisdiction of a court of equity arises, and is not destroyed by the fact that they are accompanied by or are themselves violations of the criminal law.”

The essential facts in that case differ greatly from those in the case now before us. In the Debbs case it appears that there were twenty-two railroad companies engaged in interstate traffic and transportation, carrying into the States [90]*90various goods in large quantities and also the mail, and had carried troops, munitions, and victuals; that the defendants were officers of the American Bailway Union; that a dispute arose between the Pullman Palace Car Company and its employees, who left the service of the company; that the said Union established a boycott against the company. It was alleged that the defendants and their agents were stopping the railway traffic, calling off the employees of said company, disabling railroad material, and using violence, etc. The petition for injunction was filed and argued by the district attorney for the Northern District of Illinois under the direction of the Attorney G-eneral. The writ of injunction was issued and served on several of the interested parties. As some of them disobeyed the writ, contempt charges were brought against them, and pursuant to such charges they were sentenced to imprisonment in jail for terms varying from three to six months. The defendants then applied for a writ of error and also one of habeas corpus. The above-cited opinion was rendered in the latter proceeding. Of course, as the facts in that case are not the same as those in the present one, it is difficult to apply with any rigor to the latter what was decided in the former, except some general principles.

In the case cited the damage was general, brought about by the acts of the defendants who were obstructing and hindering the interstate commerce, preventing the transportation of necessary articles, which acts were of a violent nature. The facts in the case at bar have no substantial analogy with those in the Débbs case. There the Supreme Court said (p. 577):

“The case presented by the bill is this: The United States, finding that the interstate transportation of persons and property, as well as the carriage of the mails, is forcibly obstructed, and that a combination and conspiracy exists to subject the control of such transportation to the will of the conspirators, applied to one of their courts, sitting as a court of equity, for an injunction to restrain such [91]*91obstruction and prevent carrying into effect such conspiracy. Two questions of importance are presented: First. Are tbe relations of the general government to interstate commerce and the transportation of the mails such as authorize a direct inference to prevent a forcible obstruction thereof? Second.

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Related

United States v. San Jacinto Tin Co.
125 U.S. 273 (Supreme Court, 1888)
United States v. American Bell Telephone Co.
128 U.S. 315 (Supreme Court, 1888)
In Re Debs
158 U.S. 564 (Supreme Court, 1895)
Cranford v. . Tyrrell.
28 N.E. 514 (New York Court of Appeals, 1891)

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Bluebook (online)
42 P.R. 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asociacion-medica-de-puerto-rico-inc-v-rechani-prsupreme-1931.