State v. Liffring
State v. Liffring
Opinion of the Court
Counsel for the State urge upon us the yiew that when Liffring did “prescribe, direct and recommend for the use of one Carey B. McClelland, a certain agency, to-wit: a system of rubbing and kneading the body commonly known as osteopathy, for the treatment, cure and relief of a certain bodily infirmity or disease,” as charged in the indictment, he practiced medicine as defined in section 4403f. of the act “to regulate the practice of medicine in Ohio,” passed February 27,1896 (92 O. L., 44), and not haying procured from the State Board of Medical Registration and Examination, and left with the probate judge of the county, a certificate of qualification to practice medicine or surgery as required by sections 4403c and 4403d of the act, he is guilty of the misdemeanor defined in section 4403y and subject to fine or imprisonment or both. The prac: tice which the act regulates is defined in section 4403†: “Any person shall be regarded as practicing' medicine or surgery within the meaning of this act who shall append the letters ‘M. D4 or 4M. B.; to his name or for a fee prescribe, direct or recommend for the use of any person, any drug or medicine or other agency for the treatment, cure or relief of any wound, fracture or bodily injury, infirmity or disease.”
The same conclusion will follow a more general,, and less technical, view of the subject. The objection which its opponents urge against osteopathy is. that it recognizes a fragment of truth and assumes, that it is the universe of truth; and that, by rejecting remedial agencies generally believed to be effective if rightly prescribed, it withholds from those* who resort to it available means of relief and cure. It is not charged that it is otherwise hurtful, nor-that its administrations are attended with danger. The obvious purpose of the act under consideration is to secure to those who believe in the efficacy of medicines the ministrations of educated men, thus-preventing fraud and imposition; and to protect society from the evils which result from the administration of potent drugs by the ignorant and unskillful. The purpose of the act is accurately indicated
No provision of the act indicates an intention on the part of the legislature that those who do not propose to practice medicine shall graduate from a college of medicine, or otherwise become learned in its use. Without such knowledge no, one is entitled to a certificate from the Board of Examination. The result of the view urged in support of the exception is that, by this act, the general assembly has attempted to determine a question of science and to control the personal conduct of the citizen without regard to his opinions, and this in a matter in which the public is in nowise concerned. Such legislation would be an astonishing denial of the commonly .accepted views touching the right to personal opinion and conduct which does not invade the rights of •others. From the operation of constitutional provisions designed to establish and perpetuate freedom of thought and action in matters pertaining to religion, it results that in things which are of the first concern we are imperatively denied the guidance of legislative wisdom, and our immortal part is exposed to the enduring pain which is believed to follow the acceptance of religious error.
In the absence of a statute clearly indicating it, the General Assembly will not be presumed to have intended the consequences involved in this contention.
Exception overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.