State v. Marble

Citations

• 72 Ohio St. (N.S.) 21

Syllabus

<p>Christian Science treatment for a fee — Is practicing medicine within the meaning of the statutes — Regulating medical'practice — Such statute is not interference with right of conscience — Prohibitory legislation is constitutional, when— Section T of bill of rights — Police power of state — Freedom of worship — Constitutional law.</p> <p>1. The giving of Christian Science treatment, for a fee, for the cure of disease, is practicing medicine within the meaning of the statutes regulating such practice in this state.</p> <p>2. The statute making it a misdemeanor to give such treatment for a fee is not an interference with the rights of conscience and of worship, conserved by section 7 of the hill of rights, and is not on that ground unconstitutional.</p> <p>3. Legislation prohibiting anyone from treating a disease for a fee, excepting such persons as have prescribed qualifications, is a valid exercise of the police power of the state, and is constitutional.</p> <p>4. The act regulating the practice of medicine in this state exacts reasonable qualifications and excludes no one possessing them, and it is not void as discriminating against Christian Scientists in that it prescribes that anyone possessing certain qualifications may practice osteopathy and does not make especial provision for those who wish to practice Christian Science.</p>