State v. Marble
Ohio Supreme Court
Exceptions to the decision of the Court of Common Pleas of Erie county. On the thirteenth day of June, 1903, an information, duly supported by affidavit, by the prosecuting attorney of Erie county was filed in the probate court of that county, charging that the defendant had, on the first day of October, 1902, for a fee, prescribed and recommended Christian Science treatment for the use of one Christ Hehl for the cure and relief of rheumatism.
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Exceptions to the decision of the Court of Common Pleas of Erie county. On the thirteenth day of June, 1903, an information, duly supported by affidavit, by the prosecuting attorney of Erie county was filed in the probate court of that county, charging that the defendant had, on the first day of October, 1902, for a fee, prescribed and recommended Christian Science treatment for the use of one Christ Hehl for the cure and relief of rheumatism. The information, as amended, so far as it is material to set it forth, is as follows: “did knowingly, wilfully and unlawfully practice medicine in the…
1Opinion of the CourtSummers, J.
The right to practice medicine has been so long and so universally subject to state regulation that it might almost be said to be not an absolute right but a privilege or franchise. Assuming, however, that it is an absolute right, it is conceded that it is subject to such reasonable regulations or conditions as the state in the exercise of the police power may prescribe. France v. The State, 57 Ohio St., 1; The State of Ohio v. Gardner, 58 Ohio St., 599.
*25The contention of counsel for the defendant is, first, that prescribing, for a fee, Christian Science treatment for the cure of a bodily…
2Cases cited20 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Munn v. IllinoisSupreme Court of the United States · 1877
- Plessy v. FergusonSupreme Court of the United States · 1896
- Lawton v. SteeleSupreme Court of the United States · 1894
- Dent v. West VirginiaSupreme Court of the United States · 1889
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