State v. Schmidt

119 N.W. 647, 138 Wis. 53, 1909 Wisc. LEXIS 47
CourtWisconsin Supreme Court
DecidedFebruary 16, 1909
StatusPublished
Cited by5 cases

This text of 119 N.W. 647 (State v. Schmidt) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Schmidt, 119 N.W. 647, 138 Wis. 53, 1909 Wisc. LEXIS 47 (Wis. 1909).

Opinion

Marshall, J.

Oh. 264, Laws of 1897, provided for a state board of medical examiners and required all beginning to practice medicine or surgery in this state after July 1, 1897, to first procure a certificate of qualification from such board. It did not deal in any respect with members of the profession in actual practice in this state on such date.

[57]*57Ch. 87, Laws of 1899, enlarged the scope of the board’s jurisdiction by making the privilege of every person who was a resident practicing physician in this state July 1, 1897, to continue in such practice, contingent upon his obtaining a certificate of qualification from the board within a prescribed time and becoming dnly registered with the board. The law prescribed, as a condition of granting the certificate, that the application should be made therefor and the applicant submit in support thereof his “diploma or other credential or evidence of qualification” and be a “reputable resident physician or surgeon of good moral character who was on the first day of July, 1897, in the actual practice of medicine or surgery in the state of Wisconsin.” In mandatory language the board was required, upon such application being made by a person competent, as provided in the law, to make it and supported by the evidence of qualifications prescribed, to grant the registration and certificate.

Ch. 422, Laws of 1905, gave the circuit courts of this state jurisdiction to annul any certificate obtained as aforesaid, in case of the issuance thereof resulting from error of the board or fraud or perjury, the issues of fact to be determined by a jury, if desired by either party.

Erom the foregoing it will be seen that the Board of Medical Examiners, in acting upon respondent’s application, was required to decide, by the exercise of quasi-judicial authority, first, whether respondent was, July 1, 1897, a resident physician or surgeon and actually engaged in practice in this state; second, whether he was, at the time of the application, a reputable physician or surgeon; third, whether he was a man of good moral character.

The board was left free to prescribe its own rules of procedure, governed only by the requirement that the applicant should submit the evidence of his qualification. That, in the broadest sense the language can be reasonably viewed, related to .all of the three matters of fact mentioned. It might pcs-[58]*58sibly be held more restrictive, but for the purposes of this ease the broader view will be taken to be the correct one.

The board made rules respecting the manner of making applications for registration and the manner of proof, consistent with the law. There is no question that, if the jurisdiction of the board was duly invoked under its rules, no error was committed by it in entertaining the matter. The requirement as to quantum of proof was satisfied as indicated in the statement. There was sworn testimony of respondent and two others, one being a physician in good standing, as to his professional status being as he represented it, July 1, 1897. The board had the further testimony of the two witnesses as to respondent being a “reputable physician or surgeon, of good moral character,” and worthy of professional recognition. It had before it sworn evidence as to the college which granted the degrees of M. D. and Ph. D. and the kind of treatment of human infirmities respondent pretended to be skilled in, and that was indicated by reference to the college which graduated him, or pretended to have graduated him. . With all that in hand, which comprised all proofs of the nature commonly required, and with a general idea that the college conferring the degrees was not regarded as creditable, by physicians at least of the standard schools of medicine or according to the requirements of our statutes, the decision was made. Not particularly upon the strength of the college being reputable, but upon “practice” and other proofs.

In the further consideration of this case we must appreciate that the act of 1905 did-not contemplate a trial, de novo, of the questions presented to the board. Aside from whether it was imposed upon by fraud or perjury, the scope of the trial was limited, by the act, to the question of whether the board committed error. Just what the legislature intended by the use, unexplained, of the word “error” may admit of some doubt, but we are constrained to believe that the term was used in the sense in which it is ordinarily understood as applied to [59]*59trials in courts before juries. That is, aside from jurisdictional errors in the limited sense of such as would render the decision void, it is confined to such absence of evidence in support of the board’s decision that, in no reasonable view thereof, could its decision be justified, or prejudicial refusals, to admit or exclude evidence, or other prejudicial misapprehensions of law; error which might properly be denominated jurisdictional, as regards trials before <p«m-judicial bodies,— errors which, in the general sense, are purely judicial, in the sense that a decision is binding on all concerned, till set. aside by some proper proceedings for that purpose.

Now, no claim is made but that the board exacted and received competent proof upon all questions it was called upon to decide. There can be no question but that the board was warranted in deciding as it did, unless its conception of what the term “physician” and the term “reputable” mean as used in the law is wrong. That it did not understand the term “physician,” as applied to persons practicing the healing art. July 1, 1897, referred only to such as possessed that technical knowledge of the human system and knowledge of drugs and' other remedies and how to administer them, commonly supposed to be possessed by members in good standing of the great, schools of medicine, is evident, because they knew, or had good reason to know, that the Independent College did not afford preparation for the profession of that sort, and they were fully informed by respondent’s disclosures that he made-no pretense of belonging to any other school. The board must, have supposed that a person, treating human infirmities by the remedies suggested by the term “physio-medical and hy-dropathic,” July 1, 1897, was a “physician,” within the meaning of the statute. It was in that sense respondent used the term in his application. If under the law it was proper-to so use it, certainly he cannot be accused of having imposed ■ftpon the board, nor the board be rightly held to have committed error in deciding in his favor on that point.

[60]*60It is a waste of time, in our judgment, to view the term '‘physician” from the standpoint of members of the profession belonging to the few great schools. It may be admitted that many, and perhaps most, of them think that no other healer should be known as a “physician” or should be allowed to treat human ills for pay. It may be further admitted that judicial and other definitions of the term may be found quite in harmony with that view. The learned counsel for appellant refers to such, notably Sutton v. Facey, 1 Mich. 243. Neither need we go to the lexical definitions, where we would find a wide range, down to the simple definition, “one who administers medicine to cure disease.” That medicine includes anything, however simple, “administered in the treatment of disease,” and that disease includes any kind of dis'order of the human system, needs no support- other than our common knowledge.

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Cite This Page — Counsel Stack

Bluebook (online)
119 N.W. 647, 138 Wis. 53, 1909 Wisc. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schmidt-wis-1909.