State Medical Board of Arkansas Medical Society v. McCrary
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John U Martineau, •Chancellor; STATEMENT BY THE COURT. A. S. McCrary was duly notified to appear before the State Board of the Arkansas Medical Society in the hall of the House of Representatives, in the State House, in the city of Little Rock, Arkansas, on November 10, 1909, and show cause why 'his certificate to practice medicine in said State should not be revoked under subdivision (d) of sec. 8 of act 219 of the Arkansas General…
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Appeal from Pulaski Chancery Court; John U Martineau, •Chancellor; STATEMENT BY THE COURT. A. S. McCrary was duly notified to appear before the State Board of the Arkansas Medical Society in the hall of the House of Representatives, in the State House, in the city of Little Rock, Arkansas, on November 10, 1909, and show cause why 'his certificate to practice medicine in said State should not be revoked under subdivision (d) of sec. 8 of act 219 of the Arkansas General Assembly, approved May 6, 1909. It is as follows: “Section 8. Every person residing in this State, or coming into it, of the…
1Opinion of the Court
Hart, J.,
(after stating the facts). -The constutionality of the above quoted statute is attacked by appellee. He contends that his license to practice medicine is a property right, the revocation of which is an exercise of judicial power, which can not be vested in any adminstrative board, 'but only in the courts; and that to assume to invest this power in the board is to deprive him of his property without due process of law in violation of sec. 8 of art. 2 of our Constitution.
• In discussing this question, the Supreme Court of the State of Minnesota, in a clear and well considered opinion…
2Cases cited11 opinions
- Ex Parte GarlandSupreme Court of the United States · 1867
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Hawker v. New YorkSupreme Court of the United States · 1898
- Meffert v. State Board of Medical Registration & ExaminationSupreme Court of Kansas · 1903
- Hewitt v. Board of Medical ExaminersCalifornia Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Semler v. Oregon State Board of Dental ExaminersOregon Supreme Court · 1934
- State Medical Board v. RodgersSupreme Court of Arkansas · 1935
- Laughney v. MayburyWashington Supreme Court · 1927
- Kirk v. StateTennessee Supreme Court · 1911
- Sherman v. State Board of Dental ExaminersCourt of Appeals of Texas · 1938
14 more not listed; retrieve them via the Exa API.