State v. Randolph

Citations

• 23 Or. 74
• 17 L.R.A. 470
• 31 P. 201
• 1892 Ore. LEXIS 106

Syllabus

<p>1. Constitutional Law — Police Power of State.—Every person has the right to pursue any lawful occupation he may choose, subject to such restrictions as the government may impose for the protection of society; and this power to regulate and restrict is inherent in every government, and is a broad and comprehensive one.</p> <p>2. Constitutional Law — Regulation of the Practice of Medicine and Surgery.'— Session Laws, 1889, 144, as amended by Session Laws, 1891, 153, which makes it unlawful for any person to practice medicine or surgery in the state without first obtaining from the state board of examiners a certificate that he is a graduate of a medical institution in good standing; or, if he is not a graduate, that he has been found on examination to be qualified to practice medicine or surgery; or that he was a practitioner of medicine or surgery, and was so engaged at the passage of the act, does not violate the constitution of Oregon, article I., section 20, which declares that “ no law shall be passed granting to any citizen, or class of citizens, privileges or immunities which, on the same terms, shall not equally belong to all citizens”; nor the constitution of the United States, article IV., section 2, which declares that “the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states”; nor the constitution of the United States, 14th Amendment, which provides that “no state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States”: since it neither grants nor refuses to any citizen, or class of citizens, any right or privilege. This law simply prescribes a rule of evidence for determining the qualifications of physicians and surgeons ; and the rule prescribed is a reasonable one.*</p> <p>3. The equal privileges or immunities of citizens are not infringed by a statute which exempts those who are practicing medicine or surgery at the time of its pa