State v. Bair
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. N. W. Macy, Judge. The defendant was accused in tbe indictment of practicing as an itinerant physician, without first having obtained a license from the state board of medical examiners. The defendant demurred thereto on the ground that certain provisions of the Code with respect to said license are obnoxious to section 6 of article 1 of the constitution of Iowa and the fourteenth amendment to the constitution of the United States.
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Appeal from Audubon District Court. — Hon. N. W. Macy, Judge. The defendant was accused in tbe indictment of practicing as an itinerant physician, without first having obtained a license from the state board of medical examiners. The defendant demurred thereto on the ground that certain provisions of the Code with respect to said license are obnoxious to section 6 of article 1 of the constitution of Iowa and the fourteenth amendment to the constitution of the United States. The demurrer was sutained, and the defendant discharged. The state appeals.-
1Opinion of the CourtLadd, J.
Every citizen has the undoubted right to follow any lawful' calling, business, or profession he may se*467lect, subject only to such restrictions as the government may impose for the welfare and safety of society. This right ia one of the distinguishing features of republican institutions. Many of the occupations of life may be followed by persons, irrespective of fitness, without danger to the public health or in detriment to the general welfare. Others demand special knowledge, training, or experience; and the power of the state to prescribe such restrictions and regulations for these as in its…
2Cases cited13 opinions
- Dent v. West VirginiaSupreme Court of the United States · 1889
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- People v. PhippinMichigan Supreme Court · 1888
- State v. GarbroskiSupreme Court of Iowa · 1900
- State v. DentWest Virginia Supreme Court · 1884
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3Cited by17 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Gilchrist v. BierringSupreme Court of Iowa · 1944
- School City of Elwood v. State Ex Rel. GriffinIndiana Supreme Court · 1932
- Fevold v. Board of SupervisorsSupreme Court of Iowa · 1926
- State v. SharplessWashington Supreme Court · 1903
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