United States ex rel. Hammond v. Custis
United States ex rel. Hammond v. Custis
Opinion of the Court
delivered the opinion of the Court:
The validity of said act of July 3d, 1896, is not questioned, nor is the power of the board of medical supervisors to make reasonable rules and regulations challenged. The case merely presents for our inquiry the question whether the rules and regulations, under .which this petitioner was examined, are reasonable and within the purview of said act. If they are, petitioner has nothing of which he can justly complain, since the record fails to show that he did not receive exactly the same treatment accorded to all other applicants; in other words, petitioner’s contention is not unjust discrimination or arbitrary action in a given case, but rather that the rule governing all applicants is void for the reasons assigned. In the light of these observations, we will now proceed to determine the specific question before us.
While the statute ordains that examinations shall be conducted both orally and in writing, there is the additional provision in the same sentence that such examinations shall be “in accordance with the rules and regulations prescribed by the board of medical supervisors.” That board, in the exercise of the discretion thus intrusted to it, has prescribed these regulations, and, while the percentage allowed 'for the oral examination is small and possibly lower than it should be, we cannot say in the circumstances disclosed by the record that it is so unreasonable as to warrant us in interfering. These regulations, as did those they supersede, recognize that a written examination is the better calculated to demonstrate an applicant’s qualifica
In our opinion, the provision requiring an oral as well as a written examination is precautionary in its nature. Thus, the result of an applicant’s written examination might be creditable and satisfactory, and his oral examination demonstrates an utter lack of the requisite qualifications. The scope of the oral examination is not restricted by the statute. If anything develops in that examination to the prejudice of the applicant, it is the duty of the examining board to report it to the reviewing authority, and such report undoubtedly may be considered by the reviewing board in passing upon the question whether the .applicant shall receive a license. In the present case nothing to the prejudice of the applicant was developed in his oral examination, and he was allowed 2 per cent additional because of that examination, upon the ratings allowed him in his written ■examination. In one subject his rating in his written examination was 58.80 per cent, or below the 60 per cent required in any one subject to entitle an applicant to a license. The 2 per cent allowed him on account of his oral examination, it will be seen, raised his average in this subject to 60.80 per cent,
The second contention is without merit. The board, in requiring a general average above that acceptable in one or more subjects, is merely following a practice as old as the examination system. An applicant might, for various reasons, fail to attain a high average in some subjects, but if his average on all other subjects was no better, the conclusion would be irresistible that lack of knowledge, and not some other reason, was responsible for the result. On the other hand, should the applicant, in his examination in a given subject, fall below the general average required, and pass a much better examination in other subjects, the result would indicate such general proficiency as to overcome the evidence of mediocrity in the particular subject; in other words, while it sometimes might happen that an applicant’s rating in a given subject would not correctly represent his knowledge of that subject, it would seldom happen that the average of his ratings in all the subjects would not truly represent his general proficiency.
Judgment affirmed with costs. Affirmed.
Reference
- Full Case Name
- UNITED STATES EX REL. HAMMOND v. CUSTIS
- Status
- Published
- Syllabus
- Physicians and Surgeons; Boabd op Medical Supebvisobs; Licenses; Mandamus. The provisions of the regulations of the board of medical supervisors of the District of Columbia, promulgated under the act of Congress of June 3, 1896 (29 Stat. at L. 198, chap. 313), that in examinations of applicants for license to practise medicine, 98 per cent shall be allowed for a perfect written examination, and 2 per cent for a perfect oral examination, and requiring applicants to have a general average above that acceptable in one or more subjects upon which he is examined,—are reasonable and valid; and a petition for the writ of mandamus by an applicant to whom a license has been refused on the ground that he had not attained the necessary average in his examinations, based upon the alleged unreasonableness and invalidity of such provisions, to compel the board to issue him a license, is properly dismissed.