Collins v. Texas

Citations

• 223 U.S. 288
• 32 S. Ct. 286
• 56 L. Ed. 439
• 1912 U.S. LEXIS 2234

Syllabus

<p>Where the party attacking the constitutionality of a statute has not suffered, the court will not speculate whether others may suffer.</p> <p>Under its police power a State may constitutionally prescribe conditions to insure competence in those practising ,the healing art in its various branches, including those in which drugs are not administered — such as osteopathy. Dent v. West Virginia, 129 U. S. 114.</p> <p>The Texas statute of 1907, establishing a Board of Medical Examiners, and conditions under which persons will be licensed to practise osteopathy, does not deprive one who refuses to apply for a license' ■thereunder of his property without due process of law, or deny him . the equal protection of the law.</p> <p>In this case the writ of error to review a judgment denying plaintiff in error his release on habeas corpus is not dismissed but determined on the merits, as the single constitutional question goes to the jurisdiction of the state court, and has arisen as plainly as it ever will. Bailey v. Alabama, 211 U. S. 452, distinguished.</p>