Legal Opinion

Burrow v. Hot Springs

Supreme Court of Arkansas

Decided February 3, 1908PublishedCited by 10 opinions

Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. This was a prosecution had in the police court at the city of Hot Springs, based upon the following ordinance: “Be it ordained by the City Council of the City of Hot Springs: “Section 1. That any physician or surgeon engaged in the practice of medicine in this city who, for the purpose of procuring patients, shall employ any solicitor, capper or drummer, or shall subsidize or employ any hotel or…

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Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. This was a prosecution had in the police court at the city of Hot Springs, based upon the following ordinance: “Be it ordained by the City Council of the City of Hot Springs: “Section 1. That any physician or surgeon engaged in the practice of medicine in this city who, for the purpose of procuring patients, shall employ any solicitor, capper or drummer, or shall subsidize or employ any hotel or boarding house, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than…

1Opinion of the CourtWood, J.

(after stating the facts.) This court, in Thompson v. Van Lear, 77 Ark. 506, passed upon what is known as the “Gantt Daw”, § § 5246-5250, Kirby’s Digest, and sustained the act as a proper exercise of the police power of the State in regulating the practice of medicine and surgery. That law makes it a misdemeanor for a physician to procure patients through what is designated “solicitors, cappers, or drummers” employed by him for the purpose, and the penalty prescribed by the act was intended to prohibit the drumming by doctors in the manner set forth in the act. The ordinance under…

2Cases cited15 opinions

  1. Ince v. StateSupreme Court of Arkansas · 1905
  2. Miller v. NuckollsSupreme Court of Arkansas · 1905
  3. Foster v. StateSupreme Court of Arkansas · 1885
  4. Fortenbury v. StateSupreme Court of Arkansas · 1886
  5. Thompson v. Van LearSupreme Court of Arkansas · 1906

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3Cited by10 opinions

  1. Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
  2. Archer v. Benton County Circuit CourtSupreme Court of Arkansas · 1994
  3. Rogers v. StateSupreme Court of Arkansas · 1963
  4. Henderson v. StateSupreme Court of Arkansas · 1909
  5. Bennett v. StateSupreme Court of Arkansas · 1972

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