People v. Blue Mountain Joe

Citations

• 129 Ill. 370
• 21 N.E. 923

Syllabus

<p>1. Pbaotioe of medicine—regulation thereof—constitutionality of act of 1887. The powers vested, by the statute in the State Board oí Health do not fall within any limitation of the power of the legislature by either the State or Federal constitution. They would seem to fall cl early within the police power of the State.</p> <p>2. Same—purpose of the act—and what embraced therein. The statute on this subject was passed to protect the health and promote the welfare of society, and protect it from imposition and fraud. Its purpose-was to prohibit and punish fraud, deception, charlatanry and quackery in the practice of medicine, and prevent empiricism, and to bring the practice under such control, that, as far as possible, the ignorant and unscientific practitioner may be excluded.</p> <p>3. Within the regulation of the practice of medicine necessarily falls the right to determine, or to provide means for determining, who may lawfully exercise the right to practice under the act, and to establish such rules as shall determine what shall not be regarded as legitimate-practice of the profession.</p> <p>4. The right to prescribe medicines for the cure of disease, and to-administer them, falls clearly within the practice of medicine; and the regulation of the sale of drugs and nostrums by itinerant venders as. clearly falls within the purpose of the act, as expressed in its title.</p> <p>5. Evidence—competency ■—in prosecution under act to regulate the practice of medicine. On the trial of an action of debt against one under section 11 of the act to regulate the practice of medicine, the plaintiff offered to show that the defendant had men traveling with him to make sales of his medicine; that he professed at his meetings that he could cure rheumatism, kidney disease, etc., by the use of his medicines, an'd that he sold his medicines for the cure of such diseases. On objection, the court refused to receive the evidence, and instructed the jury to find for the defendant: