Illinois Chiropractic Society v. Giello

164 N.E.2d 47, 18 Ill. 2d 306, 1960 Ill. LEXIS 253
CourtIllinois Supreme Court
DecidedJanuary 22, 1960
Docket35257, 35308, and 35391 Cons.
StatusPublished
Cited by31 cases

This text of 164 N.E.2d 47 (Illinois Chiropractic Society v. Giello) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Illinois Chiropractic Society v. Giello, 164 N.E.2d 47, 18 Ill. 2d 306, 1960 Ill. LEXIS 253 (Ill. 1960).

Opinion

Mr. Justice Klingbiel

delivered the opinion of the court:

The Illinois Chiropractic Society, together with certain individual licensed chiropractors, brought suit in the circuit court of Cook County seeking to enjoin J. A. Giello from practicing chiropractic without a license and in violation of the Medical Practice Act. A similar suit was brought in the circuit court of Union County against Fred Odum and Don Odum, and in the circuit court of Macon County against W. D. Krieger. An injunction was granted in each case, and appeals have been taken directly to this court on the ground that constitutional questions are involved. It is contended on each appeal that injunctive relief is improper because plaintiffs have an adequate remedy at law; and that the statute is unreasonable and discriminatory, in its educational requirements, against persons seeking a license to treat human ailments without drugs or operative surgery. Since all three cases present substantially the same questions they have been consolidated for disposition by this court.

The contention that the plaintiffs have an adequate remedy at law, and hence that injunctive relief should not have been granted, is based upon the fact that the statute provides criminal penalties for practicing without a license and no showing has been made that criminal prosecution is an inadequate remedy. In Burden v. Hoover, 9 Ill. 2d 114, this court held that the practice of chiropractic by one not licensed to do so infringes the rights of those who are properly licensed, and that injunctive relief may be granted even though the conduct objected to is also a crime. A contention identical to the one made in these cases was again rejected in Illinois Chiropractic Society v. Berns, 17 Ill. 2d 356, and no reasons have been advanced which would justify a reconsideration of the question here.

In the Berns case the constitutional questions were likewise decided adversely to contentions of the kind made here. As in the Berns case, the objections now raised are directed at section 5(2) (b) of the Medical Practice Act. (Ill. Rev. Stat. 1957, chap. 91, par. 5.) In prescribing educational requirements for issuance of a license under the act, section 5 distinguishes between the practice of medicine in all its branches and the practice of treating human ailments without the use of drugs or operative surgery. Subparagraph 2 applies to the latter class, which includes chiropractors; and subparagraph 2(b) requires, as to applicants who were graduates of a professional school after July 1, 1926, that they be graduates of a school having an entrance prerequisite of four years’ instruction in a high school. It is argued that this requirement is arbitrary and unreasonable; that an unjust discrimination is made because applicants for an unlimited license to practice medicine need only be a graduate of a medical college having as a prerequisite for admission a two-year course of instruction in a college of liberal arts or its equivalent; and that further unlawful discrimination exists, in educational requirements, as between applicants graduated after July 1, 1926, and those graduated prior thereto. It is also urged that persons seeking a limited license are prejudiced because “there are no chiropractors on the Medical Examining Board.” We have considered each of the contentions raised in these cases, and the arguments advanced to support them, and find they are fully answered by our opinion in the Berns case. It is unnecessary to set forth again the reasons and authorities sustaining validity of the present provisions.

At the oral argument in these cases defendants claimed the benefit of Senate Bill 782, enacted by the General Assembly at the 1959 session and approved by the Governor on July 9, 1959, subsequent to entry of the present decrees. The bill amends the Medical Practice Act by adding thereto section 9a. (Ill. Rev. Stat. 1959, chap. 91, par. 9a.) This section provides that the requirements of section 5, insofar as the)'- relate to the minimum standards of professional education for persons undertaking to practice chiropractic, shall be waived where an applicant, having the educational qualifications described in section 9a, successfully passes an examination given by the Department of Registration and Education on or before July 1, 1963. The section further declares that to be eligible for its benefits a person shall register with the Department on or before October 31, 1959, submit proof that he has been a resident of the State of Illinois for at least one year immediately prior to July 1, 1959, and certify that he desires to avail himself of the provisions of the act. It is then provided that “Any such applicant shall not be subject to prosecution for failure to have a license under the provisions of the Medical Practice Act during the period covered by this Section, provided that nothing herein shall be deemed to affect any suit pending in any Court on the effective date of this amendatory Act.”

At the time the decrees were entered in these cases the circuit courts properly held that the plaintiffs were entitled to immediate injunctive relief. The rule is well established, however, that where the legislature has changed the law pending an appeal the case must be disposed of by the reviewing court under the law as it then exists, and not as it was when the decision was made by the trial court. (Fallon v. Illinois Commerce Com., 402 Ill. 516; People ex rel. Hanks v. Benton, 301 Ill. 32; People ex rel. Askew v. Ryan, 281 Ill. 231; People ex rel. Law v. Dix, 280 Ill. 158.) We are bound, accordingly, to review the present decrees in the light of the 1959 amendment, to determine whether defendants may be entitled to the benefits thereof and to determine its applicability to the present proceedings.

By section 9a the General Assembly has recognized the hardship to chiropractors who are ineligible to take the examination for a license solely because the professional school or college from which they were graduated failed to meet the standards prescribed by section 5. The evident purpose of the amendment is to afford an opportunity to take the examination, during a limited time, to graduates of such institutions who indicate a desire to comply with the act and who supplement their education, if necessary, by additional hours of instruction in a school of chiropractic recognized by the Department. Under its provisions a graduate of a school having a three years’ course of instruction of not less than six months each is permitted, until October 31, i960, to take the regular examination; and if he fails to pass, he must show completion of a course of not less than 960 hours in a recognized school before admission to any subsequent examination. A graduate of a school having a four years’ course of instruction of not less than eight months each, but not recognized before September 1, 1957, by the Department of Registration and Education, is also given until October 31, i960, to take the regular examination; and upon failure to pass he must show completion of not less than 240 hours in a recognized school before he may be admitted to any subsequent examination. All examinations under this section must be taken and completed on or before July 1, 1963.

In their supplemental brief filed herein by leave of this court after oral arguments were had, plaintiffs contend the section has no application because it purports to relieve applicants from criminal prosecutions only, and fails to provide similar relief from civil proceedings. We do not agree.

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Bluebook (online)
164 N.E.2d 47, 18 Ill. 2d 306, 1960 Ill. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-chiropractic-society-v-giello-ill-1960.