David Josiah Brewer

Name: Hawker v. New York — Opinion of the Court
Author: David Josiah Brewer

Hawker v. New York — Opinion of the Court

Summary

“Hawker v. New York — Opinion of the Court”, is a work by David Josiah Brewer. It explores elements such as felony, qualifications and registered medical practitioner.

Quotes from Hawker v. New York — Opinion of the Court (David Josiah Brewer)

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ The conviction is, as between the state and the defendant, an adjudication of the fact. So, if the legislature enacts that one who has been convicted of crime shall no longer engage in the practice of medicine, it is simply applying the doctrine of res judicata, and invoking the conclusive adjudication of the fact that the man has violated the criminal law, and is presumptively, therefore, a man of such bad character as to render it unsafe to trust the lives and health of citizens to his care. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ The physician is one whose relations to life and health are of the most intimate character. It is fitting, not merely that he should possess a knowledge of diseases and their remedies, but also that he should be one who may safely be trusted to apply those remedies. Character is as important a qualification as knowledge, and if the legislature may properly require a definite course of instruction, or a certain examination as to learning, it may with equal propriety prescribe what evidence of good character shall be furnished. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ No precise limits have been placed upon the police power of a state, and yet it is clear that legislation which simply defines the qualifications of one who attempts to practice medicine is a proper exercise of that power. Care for the public health is something confessedly belonging to the domain of that power. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ If regularly convicted of a felony, an attorney will be struck off the roll as of course, whatever the felony may be, because he is rendered infamous. If convicted of a misdemeanor which imports frand or dishonesty, the same course will be taken. He will also be struck off the roll for gross malpractice or dishonesty in his profession. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ If any registered medical practitioner shall be convicted in England or Ireland of any felony or misdemeanor, or in Scotland of any crime or offense, or shall be, after due inquiry, judged by the the general council to have been guilty of infamous conduct in any professional respect, the general council may, if they see fit, direct the register to erase the name of such medical practitioner from the register. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ It shall not be lawful for any person to practice in this kingdom as a physician or surgeon for compensation or reward unless he shall have first presented to the board of health satisfactory evidence of his professional qualifications and good moral character. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ They only determine that one who is in the enjoyment of a right to preach and teach the Christian religion as a priest of a regular church, and one who has been admitted to practice the profession of the law, cannot be deprived of the right to continue in the exercise of their respective professions by the exaction from them of an oath as to their past conduct, respecting matters which have no connection with such professions. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ Call (N. C.) 28 S. E. 517: 'To require this is an exercise of the police power for the protection of the public against incompetents and imposters, and is in no sense the creation of a monopoly of special privileges. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ It cannot be doubted that the legislature has authority, in the exercise of its general police power, to make such reasonable requirements as may be calculated to bar from admission to this profession dishonorable men, whose principles or practices are such as to render them unfit to be intrusted with the discharge of its duties.' In Thompson v. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ The board may refuse certificates to persons convicted of conduct of a criminal nature; and may revoke certificates for like cause. Mills' Ann. St. 1891, § 3556. Iowa: May revoke a certificate to a person who has been convicted of felony committed in the practice of his profession, or in connection there-
with; or may revoke for like cause; * * * and such refusal or revocation prohibits such person from practicing medicine, surgery or obstetrics. ”

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Source: Wikisource

David Josiah Brewer, Hawker v. New York — Opinion of the Court

“ It could not have been intended that persons decstitute of the moral qualifications required should have full opportunity to enter professionally the families of the worthy but unsuspecting, and be admitted to the secrets which the sick chamber must often intrust to them.' In State v. ”

David Josiah Brewer

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