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Commonwealth v. Finn

Citations

  • 11 Pa. Super. 620
  • 1899 Pa. Super. LEXIS 189

Syllabus

<p>Qualification of physicians — Police power — Constitutional law — Act of 1893.</p> <p>The right to practice medicine and surgery is not a right which belongs to an individual as a citizen of the United States, but to him as a citizen of a state. Therefore the provisions of the Act of May 18, 1893, P. L. 9-1, do not conflict with that part of the fourteenth amendment to the constitution of the United States which forbids the states to “ make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The right of the state to prescribe qualifications, which must be had by all those desiring to practice medicine and surgery, is found in the police power of the state.</p> <p>The provisions of the 15th section of that act do not conflict with that part of the fourteenth amendment which forbids any state to deprive any person of life, liberty or property, without due process of law, or to deny to any person within its jurisdiction the equal protection of tire laws. Nor do they conflict with that clause of section 7.of article 3 of the constitution of Pennsylvania which forbids the passage of a law “ granting to any corporation, or association, or individual, any special or exclusive privilege or immunity.”</p>

Judges: Beaver, Beeber, Orlady, Porter, Rice, Smith

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