Hughes v. State Board of Medical Examiners

134 S.E. 42, 162 Ga. 246, 1926 Ga. LEXIS 157
CourtSupreme Court of Georgia
DecidedMay 13, 1926
DocketNo. 5309
StatusPublished
Cited by27 cases

This text of 134 S.E. 42 (Hughes v. State Board of Medical Examiners) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. State Board of Medical Examiners, 134 S.E. 42, 162 Ga. 246, 1926 Ga. LEXIS 157 (Ga. 1926).

Opinion

Hill, J.

The State Board of Medical Examiners caused to be served upon Talbert W. Hughes, physician who had been licensed to practice medicine in this 'State, a notice preferring certain charges against him, a copy of which charges it was alleged was served upon Hughes personally by the deputy sheriff of Fulton County, Georgia, on January 21, 1924, as provided by the act of 1913 (Acts 1913, p. 101), as amended by the act of 1918 (Acts 1918, p. 173). The charges preferred were: (1) conviction of crime involving moral turpitude; (2) causing the publication and circulation of an advertisement' relative to diseases of the sexual [248]*248organs, and the proposed curing of the same. Before the charges were heard Hughes filed an equitable petition in the superior court of Fulton County, to enjoin the State Board of Medical Examiners from proceeding with the hearing, alleging the unconstitutionality of the acts authorizing the hearing before the board, etc. In that case (Hughes v. State Board of Medical Examiners, 158 Ga. 602, 123 S. E. 879), this court held that the proceeding against the licentiate was quasi criminal in character, and that a court of equity under the general rule would not enjoin prosecutions for criminal offenses or quasi criminal offenses, and affirmed the judgment of the court below in refusing to grant an injunction. After the notice was given to the plaintiff in error and his counsel, the hearing before the State Board of Medical Examiners was had, at which time the plaintiff in error filed a demurrer and an answer, and introduced evidence in the case; after which he was found guilty on both charges. From this judgment of the board he filed his appeal to the superior court. On the hearing of the case in the superior court the demurrer was overruled, and the plaintiff in error excepted.

1. The questions before this court to be decided are those raised by the demurrer. Grounds 1, 2, 3, 4, 5, 6, and 7 challenge the sufficiency of the notice served upon the plaintiff-in error, for various reasons: that the notice fails to show that a copy of the charges therein referred to .is attached to such notice, as provided by section 14 of the act of 1918 (Acts 1918, p. 173); that the notice shows that a copy of the charges relied upon is not attached, but that the hearing therein referred to and 'proposed to be held would be upon charges served at some different time than that when service of such notice was attempted; that the contents of the notice show that the same was not given upon the preferment of the charges before the board, but that the proposed hearing would be upon charges therein alleged to have been preferred and served on Japuary 21, 1924, some nine months prior to the date of the notice in the present ease; that the notice fails to set forth or refer to the law under which the board claims to have the authority or power to give such notice summoning demurrant to appear before it, and that the same should be made to appear; that the copy of the charges served up'on the demurrant was undated, unsigned, and anonymous as to who was responsible for same, by [249]*249way of recital in the body thereof, and for lack of signature thereto; that neither the notice nor the copy of charges shows any right, power, or authority by virtue of any law to receive or entertain the charges against demurrant, or to try him upon the grounds and complaints set up in the copy of the charges served upon him, or to revoke his license to practice medicine in this State. These grounds of the demurrer are without merit, and the court did not err in overruling them. The record in the case shows that in January, 1924, the plaintiff in error was. served, by the deputy sheriff of Fulton County, with notice to appear before the State Board of Medical Examiners to answer certain charges as a licentiate to practice medicine in this State, a copy of which charges was attached to the notice. Following that, as stated above, the plaintiff in error filed an equitable petition to enjoin the State Board of Medical Examiners from proceeding with the hearing, and the decision in that case was adverse to the plaintiff in error. Subsequently the following notice, properly entitled, was served upon the plaintiff in error: “You are hereby notified that a hearing before the said board will be had on the second Tuesday in October, 1924 (October 14, 1924), at 10 o’clock a. m., in the Senate Chamber at the Capitol in Atlanta, Georgia, upon the charges preferred against Talbert W. Hughes, a copy of which charges was heretofore served upon Talbert W. Hughes personally by F. L. Smith, deputy sheriff of Fulton County, Georgia, on January 21, 1924; and you are hereby required to be at said hearing and show cause, if any you have, why the license of Talbert W. Hughes to practice medicine in this State should not be revoked, and his name as such licentiate be removed from the records in the office of the clerk of the superior court of Fulton County, Georgia, and from the records in the office of any other clerk of court in this State, registering him as such licentiate. This 26th day of October, 1924. State Board of Medical Examiners, by C. T. Nolan, Sec. Treasurer.” A copy of the charges, the substance of which is set out above, preferred by and before the State Board of Medical Examiners, appears in the record.

Section 14 of the act of 1918, supra, provides that upon the preferment before the State Board of either of said charges above enumerated (including “conviction of crime involving moral turpitude,” and “causing the publication and circulation of an ad[250]*250vertisement relative to any disease of the sexual organs”) against any licentiate or applicant for license, it shall be the duty of the said board to cause written notices of the time and place of hearing upon said charge, together with a copy of the charge preferred, to be served upon such licentiate or applicant twenty days before hearing. It is not necessary that in the notice given to the demurrant the law under which such notice is given shall be set forth. The law presumes that every one knows the law, and it is not incumbent upon the State Board of Medical Examiners to specifically state what the law is under which the notice is given. The other objection to the notice, that it was unsigned and undated, is without merit, for the copy of the notice set out in the record with it. was both dated and signed.

3. Grounds 8 and 9 of the demurrer attack the constitutionality of the acts of 1913 and 1918, which latter act is amendatory of the act of 1913, on the ground that they deny to the plaintiff in error due process of law under both the State and Federal constitutions, as provided in art. 1, sec. 1, par. 3, of the constitution of Georgia, which is as follows: “No person shall be deprived of life, liberty, or property, except by due process of law;” and of the 14th amendment to the constitution of the United States, which provides, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.” Section 14 of the act of 1918 (Acts 1918, pp. 173, 193), is as follows:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Howard v. Miller
870 F. Supp. 340 (N.D. Georgia, 1994)
Jarrard v. Clayton County Board of Registrars
425 S.E.2d 874 (Supreme Court of Georgia, 1993)
Brown v. State Board of Examiners of Psychologists
378 S.E.2d 718 (Court of Appeals of Georgia, 1989)
International Indemnity Co. v. Coachman
351 S.E.2d 224 (Court of Appeals of Georgia, 1986)
Ray v. Edwards
557 F. Supp. 664 (N.D. Georgia, 1982)
Lewis v. State
254 S.E.2d 830 (Supreme Court of Georgia, 1979)
Cobb County-Kennestone Hospital Authority v. Prince
249 S.E.2d 581 (Supreme Court of Georgia, 1978)
Baranan v. State Board of Nursing Home Administrators
239 S.E.2d 553 (Court of Appeals of Georgia, 1977)
State of Ga. v. Callaway
225 S.E.2d 230 (Supreme Court of Georgia, 1976)
Hutto v. Rowland
178 S.E.2d 180 (Supreme Court of Georgia, 1970)
Yeargin v. Hamilton Memorial Hospital
171 S.E.2d 136 (Supreme Court of Georgia, 1969)
A. M. Kidder & Co. v. Clement A. Evans & Co.
160 S.E.2d 859 (Court of Appeals of Georgia, 1968)
Watson v. State of Commissioner of Banking
223 A.2d 834 (Supreme Judicial Court of Maine, 1966)
Wright v. Georgia
373 U.S. 284 (Supreme Court, 1963)
Dyson v. Dixon
134 S.E.2d 1 (Supreme Court of Georgia, 1963)
Rogers v. Anderson
98 S.E.2d 388 (Court of Appeals of Georgia, 1957)
Board of Medical Examiners v. Buck
232 P.2d 791 (Oregon Supreme Court, 1951)
Lamons v. Yarbrough
55 S.E.2d 551 (Supreme Court of Georgia, 1949)
Moore v. Robinson
55 S.E.2d 711 (Supreme Court of Georgia, 1949)
Evans v. Evans
9 S.E.2d 254 (Supreme Court of Georgia, 1940)

Cite This Page — Counsel Stack

Bluebook (online)
134 S.E. 42, 162 Ga. 246, 1926 Ga. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-board-of-medical-examiners-ga-1926.