salary per month that he is now receiving as a professor in the University, with whatever additional expenses may be necessary in the conduct of the investigation.

of other intestinal parasites.

In pursuance of this action Dr. Schultz visited the Pocahontas coal fields at the close of his work in the University in June, taking with him three senior students, and remained there until the middle of September. He made a careful survey of that region, visiting the different coal mines, consulting with the operators, coming into close contact with the miners and their families, and made a large number of examinations in suspected cases, a full account of which is contained in the report of the investigation printed on another page. Dr. Schultz did thorough and conscientious work, and, as will be seen from his report, he demonstrated the presence of the hookworm disease in the coal fields investigated, and in addition, the presence of a large number He gave a number of public lectures with stereoptican views illustrative of his remarks, and, with the aid of the supeintendents of some of the mines, succeeded in instituting some very necessary sanitary reforms. It is deemed necessary that this investigation be pursued next summer, and that other mining regions of the state be carefully examined with a view of discovering the presence of hookworm disease and the institution of measures for its eradication before it secures a firm foothold. Thus far, as shown by the report of Dr. Schultz, the miners and their families have not become so badly infected as materially to influence their general health and earning capacity. It is only a matter of time, however, when such a condition will result if radical measures are not adopted for its prevention.

In many parts of the south the ravages of the disease have been very great, whole families being stricken with it and so reduced in health and strength as to be rendered unfit for the active duties of life. The means adopted for the cure of patients are simple and certain, and with the co-operation of mining companies and the adoption of sanitary measures such as have been recommended by Dr. Schultz, the spread of the disease and its ultimate extinction can be made certain. It is hoped that the report of Dr. Schultz will receive the careful attention that it so richly deserves. The extinction of this disease is one of the most important sanitary problems of the state.

UNLICENSED PRACTITIONERS.

The fact that this state has many unlicensed physicians in active practice, has caused no little annoyance to the board and especially to its secretary. These people are of various kinds. Quite a number are men who have pursued the study of medicine, some of them receiving the degree of M. D. from the poorer class of medical colleges, and who have failed to pass the examination before the board. This has been partly due to their defective preliminary education, and partly to the poor equipment and defective teaching of the medical schools from which they have been graduated. Other illegal prac

medical institution, but who set themselves up as specialists in the cure of cancer or "female troubles." Then we have the advertising quacks, licensed physicians, and therefore not illegal practitioners, who are yet defrauding the public by lying advertisements and false promises to cure. Through the machinations of all of these practitioners the public is imposed upon, not a few lives are lost by delay in treatment by skilled physicians, and many others are made to suffer longer than necessary for the same reason. The State Board of Health therefore considers it its duty, although one not laid down in the law, to put these people out of business as far as lies in its power. Frequently complaints come to the secretary from local physicians in different parts of the State, asking the aid of the board in ridding their communities of these imposters. It is exceedingly difficult for the Board or its secretary to do any effective work in this direction except in the immediate vicinage of the several members. The secretary has, therefore, sought to enlist the interest of the county health officers who should, we think, assume the responsibility for the prosecution of such cases, and the physicians of the various localities must assist in the collection of evidence if they would hope for any successful results.

Unfortunately, grand juries are not always willing to indict illegal practitioners even when positive evidence of their guilt is presented. They are too apt to think that charges against such men are founded upon jealousy. And we sometimes find prosecuting attorneys quite unwilling to assume any responsibility in such cases, or to take an interested part in their prosecution, even when reliable evidence is presented to them.

An opinion has prevailed in different parts of the state that an unlicensed physician may legally be employed as an assistant to a licensed physician. To correct this impression as well as to stimulate the interest of the prosecuting attorneys of the state, the following communication was sent to the attorney general by the secretary of the board:

"Wheeling, W. Va., Sept. 23, 1913.

Hon. A. Lilly,

Attorney General,

My Dear Sir:

For the information of the State Board of Health, I would like your opinion on the following points:

First. Has an unlicensed physician any legal right to practice medicine under the protection of a licensed practitioner, whether in the office of, or located at a distance from the latter?

Second. Has the board any recourse when a prosecuting attorney declines to prosecute an unlicenssed practitioner, even when abundant evidence as to the violation of the law by the latter is presented?

Very sincerely yours,
(Signed)

S. L. JEPSON,
Secretary State Board of Health."

In reply to this communication, the following opinion was ren

dered:

Attorney General's Opinion.

Dr. S. L. Jepson,

Charleston, September 25, 1913.

Secretary State Board of Health,

Wheeling, West Virginia,

My Dear Sir:

I have your esteemed favor of 23rd, instant, propounding the following questions:

First. "Has an unlicensed physician any legal right to practice medicine under the protection of a licensed practitioner, whether in the office of or located at a distance from the latter"

Second: "Has the board any recourse when a prosecuting attorney declines to prosecute an unlicensed practitioner, even when abundant evidence as to the violation of the law by the latter is presented?"

In answer to the first question, section 9 of chapter 150 of the supplement to the Code, 1909, provides:

"The following persons and no others shall hereafter be permitted to practice medicine in this state."

1st. All such persons as shall be legally entitled to practice medicine in this state at the time of the passage of this act.

2nd. All such persons as shall be graduates of a reputable medical college, recognized as such by the state board of health, who shall pass an examination before said state board of health and shall receive certificates therefrom, as hereinafter provided. Provided, also, that the state board of health, or a majority of them, may accept in lieu of an examination, the certificate of license to practice medicine legally granted by the board of registration or examination or licensing board of any other state, territory or any foreign country whose standard of qualification for the practice of medicine is equivalent to that of this state, and grant to the said applicant a certificate of license to practice medicine in this state; provided, such states, territories or foreign countries accord like privilege to medical licentiates of this state. The state board of health shall at such times as a majority of them may deem proper, hold examinations for the licensing of practitioners of medicine; such examinations shall not be less in number than three during each year, and shall be held at such points in the state as shall be most convenient to those presenting themselves for examination, or to the state board of health at such examinations written and oral questions shall be submittel to the applicant for license, covering all the essential branches of the sciences of medicine and surgery, and the examina tion shall be a thorough and decisive test of the knowledge ami ability of the applicants."

This section provides what persons shall be entitled to practice medicine in this state and provides that no others than the parties therein named shall herafter be permitted to practice medicine in this state. There is, however, the following proviso in the latter part of the above section:

"Provided, however, that the provisions of this and the preceding section shall not apply to physicans living in other states and duly qualified to practice medicine therein, who shall be called into consultation into this state, by a physician legally entitled to practice medicine in this state under this chapter, etc."

And section 15 of chapter 150 of the Code provides as fol

"If any person shall practice, or attempt to practice medicine, surgery, or obstetrics in this state, without having complied with the provisions of section nine of this chapter, except as therein provided, he shall be guilty of a misdemeanor and fined for every such offense, not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not less than one month for more than twelve months, or be punished by both such fine and imprisonment, at the discretion of the court."

By these provisions it will be seen that any person who shall practice medicine and surgery, except as provided in section 9, above, shall be punished, as provided by section 15. I am, therefore, of the opinion that an unlicensed physician has no legal right to practice medicine and surgery under the protection of a regularly licensed practitioner, either in the same office with him or at any other place.

Answering your second question, section 6 of chapter 120 of the Code provides what the duties of the prosecuting attorney are as to the criminal business of the state in his county, which section is as follows:

"It shall be the duty of every prosecuting attorney in this state, to attend to the criminal business of the state in the county in which he is elected and qualified, and also to civil cases in which the state is interested in such county, when required by and under the direction of the auditor; and when he has information of the violation of any penal law committed within his county, shall institute and prosecute all necessary and proper proceedings against the offender, and may in such case issue or cause to be issued a summons for any witness he may deem material. He shall also represent the county in all suits and proceedings for and on behalf of or against the county, or county court, overseers of the poor, or other public authorities of the county, and carefully look after and give attention to the general interests of the county. And no allowance or compensation shall be made for such services, except his annual salary and the allowance provided for in chapter one hundred and thirty-eight of this Code."

And the latter part of section 17 of chapter 36 of the Code provides the penalty for the failure of the prosecuting attorney in the performance of his duty as to criminal prosecutions, which is as follows:

"And if any prosecuting attorney shall compromise or suppress any indictment or presentment without the consent of the court entered of record, he shall be deemed guilty of malfeasance in office, and may be removed therefrom in the mode prescribed by law."

I should think, therefore, if the prosecuting attorney declines to prosecute an unlicesned practitioner when his attention is called to the same by the State Board of Health that the state board could report that fact to the circuit court of his county, and proceeding could be instituted under the above provision of the last-named section and remove him from office.

Very truly yours,

A. A. LILLY, Attorney General. By JOHN B. MORRISON, Assistant.

Through the efforts of the board and its secretary at least six irregular practitioners have been driven from the state, and we are on

officers become thoroughly enlisted in this work, the purpose of the State Board of Health in this direction becomes known, and when prosecuting attorneys and grand juries become equally interested with the board in the care of the health of the people, better results may be expected, and the number of the imposters here alluded to be greatly reduced. We take occasion to hereby solicit the active interest of all of these officials to the end that the health especially of the poor and ignorant, may be better cared for, and that they may be protected from gross imposition that too often results in protracted ill health or even death.

HYGIENIC LABORATORY OF THE STATE BOARD OF HEALTH.

Acting under the authority given it by the amended law of 1913, the State Board of Health, at its meeting at Charleston August 4, 1913, passed the following resolution:

"RESOLVED, that President Golden, Dr. Robins and the secretary, Dr. S. L. Jepson, be appointed to visit state institutions with Governor Hatfield with authority to establish a hygienic laboratory at such place as they may determine. Awaiting the convenience of the Governor, who had expressed deep interest in this matter, Dr. Robins and the secretary (Dr. Golden being detained) accompanied His Excellency, Governor Hatfield, and president of the State Board of Control, J. S. Lakin, on an inspection tour of the state penitentiary at Moundsville, and later visited the University at Morgantown and held a conference with Dean J. N. Simpson of the medical school, Dr. A. Arkin, professor of bacteriology, Professors Shelden and Whitehill and Dean F. B. Trotter. After an inspection of the laboratories of that institution and a protracted conference with the authorities of the University, it was unanimously resolved to establish the Hygienic Laboratory of the State Board of Health at Morgantown in connection with the University on the conditions set forth in the following agreement:

"At a conference held November 16, 1913, between a committee of the State Board of Health, consisting of Dr. S. L. Jepson, secretary; Dr. J. E. Robins, Governor H. D. Hatfield, and President J. S. Lakin of the State Board of Control, and the University authorities, represented by Dean J. N. Simpson, Professor Aaron Arkin, Professor J. L. Shelden, Professor A. R. Whitehill, of the School of Medicine, and Dean F. B. Trotter for the College of Arts and Sciences, it was agreed that the State Board of Health shall establish its hygienic laboratory at the University in co-operation with the School of Medicine. The University agrees to furnish its laboratories and to give a general supervision of the work in bacteriology, pathology, chemistry and toxicology.

The Board of Health agrees to appropriate for this year's work, $1500 each for an assistant bacteriologist and an assistant chemist, and to furnish $1200 for equipment and supplies.

The assistant bacteriologist and assistant chemist shall, as their time will permit, assist in the instruction of students in their respective