The Act of 1905, c. 465, amended sec. 6 by adding thereto a proviso that nothing in this act should prevent the board from admitting as eligible for examination before it, on both the junior and senior curriculum in sec. 7, any person who satisfies the board that he or she had been regularly admitted to advanced standing in some medical college or school of established reputation requiring a four-years' course of study, and had received a diploma of M.D. therefrom, and is otherwise eligible under the provisions of this act (see supra, p. 472, for sec. 6, to which this proviso was added).

The Act 1905, c. 465, s. 7, provides that nothing in the act shall affect the practice of osteopaths, as provided for in the Act of February 27th, 1902. The Act of 1904, c. 292, sec. 16, repealed all acts and parts of acts inconsistent with it, and contained sec. 13, providing for permits to practise osteopathy without examination (see supra, p. 475). The Act of 1905, however, treats the Act of February 27th, 1902, as still operative. There does not seem to be such law as is here referred to. The law abstracted in the text is a law of February 27th, 1904.

LICENSED HAWKERS, ETC., OF MEDICINE.-By Act 1902, c. 599, provision is made for a license to hawkers and peddlers from place to place, of medicines, drugs, or compounds to be used as a curative; the license fee is $100 per annum in each county; but every package or bottle must have on it in the English language the formula of the contents, approved by a regularly licensed practising physician of the State lithographed or printed on each package or bottle. Those on the confederate pension roll are exempt from the license fee.

OSTEOPATHY OFFENCE

PENALTY. The imprisonment provided in sec. 266, as amended Act 1905, c. 143, is imprisonment in the county jail not less than thirty days nor more than six months; or both such fine and imprisonment in the discretion of the court (see p. 482 supra).

Any person who uses any of the terms or letters "osteopath," "osteopathist," "osteopathy," "doctor of osteopathy," "diplomat

in osteopathy," or "D. O.," or any other titles or letters under such circumstances as to induce the belief that the person who uses such terms is engaged in the practice of osteopathy without having complied with the provisions of this act (Rev. Pol. Code, S. D., 1903), is guilty of a misdemeanor punishable as above provided in sec. 266 as amd. (Act 1905, c. 143, amdg. sec. 266).

OSTEOPATHY-PROSECUTION.-It is the duty of the States' attorney in the county in which such person resides or practises, when notified of such violation, to take charge of and conduct the prosecution under this act (ib.).

In State v. Yegge, 103 N. W., 17 (Supr. Ct. S. D., April 5th, 1905), a graduate opthalmologist was held to be practising medicine within the defini tion of this act (see supra, p. 480). It was competent for the legislature to define what evidence shall be deemed sufficient to constitute a practitioner within the act (ib.).

Act 1901, c. 78, s. 1 (see supra, p. 483) was amended by Act 1905, c. 111, by adding the following: Provided further, that the provisions of this act shall not apply to any graduate of a reputable medical college who has been a practitioner of medicine or surgery for more than ten years in the State of Tennessee at the date of the passage of this act.

OSTEOPATHY (see supra, pp. 487, 488)-STATE BOARD OF OSTEOPATHIC REGISTRATION AND EXAMINATION.-This board consists of five persons appointed by the Governor. The board may formulate rules to govern its actions; it is required to meet in Nashville in July each year, and at such other times and places as a majority appoint. Three members are a quorum. No certificate to practise osteopathy shall be granted on an affirmative vote of less than three. The board is required to keep a register of all applicants for certificates, giving name and location of the institution granting the applicant the degree of doctor of or diplomate in osteopathy, the date of his diploma, and also whether the applicant was rejected or a certificate granted. The books and register of the board are prima facie evidence of all matters recorded therein (Act 1905, c. 255, s. 1).

OSTEOPATHY-QUALIFICATION. Before engaging in the practice of osteopathy, a person shall, on payment of $15, make

application for a certificate to the secretary of the board, on a form to be prescribed by the board, giving his name, age (not less than twenty-one years), residence, name of school of osteopathy from which he or she was graduated (which shall have been in good repute as such at the time of issuance of the diploma as determined by the board), the date of diploma, evidence that it was granted on personal attendance and completion of the course of study of not less than four terms of not less than five months each, and such other information as the board may require, and sufficient evidence that the applicant is of good moral character (ib., s. 2).

OSTEOPATHY-EXAMINATION.-The board shall subject all applicants to an examination in anatomy, physiology, symptomatology, physiological chemistry and toxicology, osteopathic pathology, diagnosis, hygiene, obstetrics, and gynecology, minor surgery, and such other subjects as the board may require (ib. ).

OSTEOPATHY-FORMER PRACTITIONERS.-The Act of 1905, c. 255, provided for the issuance of certificates without examination within ninety days from its date (approved April 11th, 1905) of those in active practice in Tennessee, at the passage of the act, having a diploma from a legally chartered school or college of osteopathy in good standing as such at the time of issuing such diploma as determined by the board (ib., s. 2).

OSTEOPATHY- ADMISSION WITHOUT EXAMINATION.-The board may in its discretion dispense with an examination in the case of an osteopathic physician duly authorized to practise osteopathy in any other State or Territory of the United States, or in the District of Columbia, who shall present a certificate of registration or examination by the legally constituted board of such State or District, accorded only to applicants of equal grade with those required in Tennessee (ib.).

OSTEOPATHY-AFTER JUNE, 1907.-After June, 1907, no holder of a diploma issued after said date shall be admitted to an examination, nor a certificate to practise osteopathy be otherwise granted to such person, unless said person shall have graduated after personal attendance from an osteopathic school of good repute, as such, determined by the board, wherein the course of study shall consist of at least three years of nine months each (ib.).

OSTEOPATHIC PHYSICIANS shall observe and be subject to all

State and municipal regulations relating to the control of contagious diseases, reporting and certifying of births and deaths, and all matters pertaining to public health; and such reports shall be accepted by the officer or department to whom made (ib., s. 4).

OSTEOPATHY-RECORDING.-Every person holding a certificate from the board shall have it recorded in the office of the county clerk of the county in which he expects to practise. Until so fi ed for record, its holder shall exercise none of the rights or privileges therein (ib., s. 5).

OSTEOPATHY-OFFENCE-PENALTY.-To practise, or pretend, or attempt to practise, or use the science or system of osteopathy in treating diseases of the human body, or to buy, sell, or fraudulently obtain any diploma, license, record, or registration to practise osteopathy, illegally obtained, or signed or issued unlawfully or under fraudulent representation, or to use any of the forms, or letters, osteopathy, osteopath, osteopathist, diplomate in osteopathy, D.O., osteopathic physician, doctor of osteopathy, or any other title or letters, either alone or with other qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such term is engaged in the practice of osteopathy, without having complied with the provisions of this act, is a misdemeanor, punishable with a fine of from $25 to $100 for each offence (ib., s. 6).

OSTEOPATHY-FEES.-In advance to the treasurer of the board (ib., s. 3), with application for certificate, $15 (ib., s. 2). To the clerk, for recording certificate, $1 (ib., s. 5).

OSTEOPATHY-REPEALER (see supra, p. 488).-The Act of 1905, c. 255, repeals the Act of 1899 (designated in the repealing act as c. 364, the correct number being 394 (ib., s. 7).

TEXAS. (See supra, p. 488.)

MALPRACTICE-SUSPENSION-REVOCATION.-Any physician or person who is engaged in the practice of medicine, surgery, osteopathy, or who belongs to any other school of medicine, whether they use the medicines in their practice or not, who shall be guilty of any fraudulent or dishonorable conduct, or of any malpractice, or shall by any untrue or fraudulent statement or representation, made as such physician or person to a patient or

other person being treated by such physician or person, procure and withhold or cause to be withheld from another any money, negotiable note, or thing of value, may be suspended in his right to practise medicine or his license may be revoked by the district court of the county in which such physician or person resides, or of the county where such conduct or malpractice or false representations occurred, in the manner and form as is provided for revoking or suspending license of attorneys at law (Act 1905, c. 150).

The act is constitutional under the Texas constitution. Stone v. State, 86 S. W. R., 1,029 (Ct. Cr. App., 1905). The legislature intended by Art. 3,778 to give a preference by law to allopaths in the organization of the board, but not in prescribing qualifications of practitioners (Art. 3,784). Mere favoritism to the allopathic school in the organization of the board does not make the act unconstitutional, in view of the fact that all persons must be examined upon certain specified subjects before obtaining licenses (ib.), citing ex parte Gerino, 77 Pac. R., 166, 66 L. R. A., 249, Cal.).

It would not be necessary for an applicant to be examined, who filed his diploma, with the satisfactory evidence required by the statute, and had the certificate issued by the board recorded (ib.) (ob. dic.). The certificate is a sine qua non (ib.). The arbitrary refusal of the board to grant it is no defense to a prosecution for practising without it (ib.).

A physician who maintains four offices at different places in the State, keeping an assistant at each place, but having his headquarters at one of the places, and who practises nowhere except at his said offices, is not a travelling physician contemplated by Art. 5,049, Sayles Rev. Civ. St., 1897, Art. 5,049. Adams v. State, 78 S. W R., 935 (Tex. Ct. Cr. App., 1904), citing Hairston v. State, 36 Tex. Cr. R., 470; 37 S. W. R., 858: Broiles v. State, 68 S. W. R., 685.

UTAH. (See supra, p. 498.)

(See supra, p. 499)-REGISTER.-Every physician and midwife is required to register his or her name, address, and occupation with the local registrar (of vital statistics) of the district in which he or she resides or may establish a residence (Act 1905, c. 120, s. 20).

WISCONSIN. (See supra, p. 527.)

REFUSAL REVOCATION.-It is the duty of the board to refuse to license or grant a certificate of registration to any person guilty of immoral, dishonorable, or unprofessional conduct. The circuit courts are vested with jurisdiction and power to revoke and annul any license or certificate of registration which