California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

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any prosecutions brought under the provisions of
this act.

Section 5. All laws and parts of laws Incon-
sistent with this act are hereby repealed.

ARGUiVIENT IN FAVOR OF ANTI-PRIZE
FIGHT ACT.

This act is designed to prevent commercialized
prize fighting in California, with Its attendant
evils, without interfering with bona fide amateur
boxing, or amateur boxing exhibitions.

Bona fide amateur boxing exhibitions are
permitted under restrictions that will exclude
contests between professionals as a business
enterprize, viz. :

(a) Rounds are limited to four, of three min-
utes, with one minute intervals.

(b) Contestants weighing under 145 pounds
must wear six-ounce gloves and those over 145,
eight-ounce. Soft padding of glove must cover
back of hand and knuckles ; no bandages per-
mitted on hands or arms;

(c) No professional can engage in amateur
boxing exhibitions. "Amateur" is carefully de-
fined in accordance with rules of Amateur
Athletic Union of United States, with some addi-
tional safeguards;

(d) The only thing of value that contestant
may lawfully receive Is a trophy or medal not
exceeding $35.00 in value, upon which name of
winner and date of event must be engraved;

(e) It is peace officer's duty, within whose
jurisdiction amateur boxing exhibition is held, to
stop contest when it appears that serious injury
has been, or probably will be, inflicted upon con-
testants. He Is authorized to call to his assist-
ance officers or male citizens, and all contestants
who continue contest after such order are guilty
of violating section 412 of the Penal Code;

(f) Contestants violating regulations of law
governing amateur boxing exhibitions are guilty
of violating said section 412.

It is evident from Its provisions that the law
will be effective and enforceable.

Amateur boxing and prize fighting are no more
related than racing and raeetrack gambling ; and



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for the same reason that California voters over-
whelmingly approved the suppression of the last
named evil, they should also prohibit profes-
sional prize fighting. The large sums collected
by prize fight promoters not only represent actual
waste, but also induce young men to adopt
pugilism as a business, with all its brutalizing
and demoralizing tendencies, and its attendant
evils of intoxication and gambling.

It is not necessary to call attention to the
deaths resulting from prize fighting. This so-
called art of self defense is barbarous in char-
acter, for every prize fighter aims to deliver a
"knockout" to his opponent. It If not surprising
that some are killed. In amateur sports some
participants are injured or killed, but such trag-
edies are incldentlal and not intentional, while in
prize fighting the championship and prize are
dependent upon "knocking out" the contestant.

California can not afford, when In 1915 it shall
be entertaining the world at its expositions, to
advertise that it is out of harmony with the
enlightened sentiment of the civilized world, that
unmistakably condemns prize fighting and its
attendant evils.

Vote for this proposed law, and thereby exhibit
not only the highest patriotism, but also the most
approved common sense. Nathan Newby.

ARGUMENT AGAINST ANTI-PRIZE FIGHT
ACT.

Firat — ^Boxing is not brutal. Misrepresentation,
through ignorance of existing conditions, has
spread the idea that the sport is a brutal amuse-
ment. Records show that more men are injured
in other major sports such as baseball, football,
auto racing, and polo, on a ratio of the men
engaged, than have been in boxing. In conduct-
ing bouts, promoters in California have held
strictly to the rule of stopping all contests in
which one of the contestants has plainly lost all
chance to win.

Second — ^The sport is conducive to maintain
manliness and good health among the partic-
ipants. Rigid rules call for the best of condition
from a boxer, and to obtain this cleanliness and
abstinence from all forms of vice must be ob-
served.

Third — ^A general impression exists that box-
ing contests are attended only by the lowest
moral element. The houses drawn by promoters
in California have been composed of the highest
class of professional and business men. Law-
yers, doctors, merchants, bankers and ministers
have been interested spectators.

Fourth — ^The character of the men who have
made good in the sport is above reproach. Fred



Welsh, at present the champion of his class, is
well known as a temperate liver and abstainer
from intoxicants, and a well educated and cul-
tured gentleman. Other well known men in this
country who are a credit to the game are Johnny
Kilbane, Johnny WUliams, Willie Ritchie and
James J. Corbett, each of whom has reached the
head of his class. The last two are citizens of
California, and men whose actions, in all parts
of the world, have caused Califomians to be
very proud of them.

Fifth — Opposition to boxing is believed to have
been developed from two sources — one is the
honest, but uninformed reformer, and the other
is the professional agitator. No opposition to
the sport has been found in the cities and towns
where it is allowed. To permit the sport will
work hardship on none, while to prohibit it will
deprive thousands of an amusement for which
they have shown a liking ever since the game was
promoted on a large scale in the United States.
That there is no popular demand for its pro-
hibition is evinced by the fact that it took eight
months to get 32,000 signatures from a voters'
list of over 500,000 in the state. Even with that
time it was necessary to get an extension over
the eight months limit to complete the petition.

Sixth — Boxing is not a state nor a national
sport. It has an International vogue. For nearly
two hundred years it has been promoted and en-
couraged by the English government, while men
at the head of the army and navy of the United
States have been hardly less active in encour-
aging it among the enlisted men. It is recognized
as a healthful sport and a training course that
conditions men second to none other in the world.

Seventh — The petition against boxing exempts
the very brief four round bouts by amateurs.
In these bouts there is no incentive for the boys
to develop the best there is in them. No strict
regulations compel them to train and acquire
their best physical condition. Neither are they
required to submit to a physician's examination
before entering the ring. In professional bouts
the men are made to post forfeits that they will
attain their best condition and make certain
weights. Even with this protection for them-
selves they must submit to the examination of a
physician, who will not allow a man to enter the
ring when there is the least chance of his being
injured by lack of condition in so doihg. Fame,
money, and popularity are held out to the pro-
fessional boxer, and it stands to reason that those
inducements naturally make for a much higher
standard of bouts than would the conditions under
which amateur bouts are conducted.

D. P. Regan,
State Senator Eighteenth District.



DRUGLESS PRACTICE.

Initiative act creating state board for drugless physicians, with office in Oakland, creating fund
from fees for members' and employees' salaries and expenses, regulating examinations and issuance
of certificates. Authorizes holders thereof to treat all physical or mental ailments of human beings
without drugs or medicine, use "Doctor," "Dr." or "D. P." in connection with "Drugless Physician,"
and sign birth and death certificates. Exempts from examination any person practicing any drug-
less system for six months prior to effective date of act. Prescribes penalties for violations of act ;
and repeals all inconsistent provisions of medical act.

The electors of the State of California do and to repeal an act entitled *An act for the reg-



hereby petition and propose the adoption of the
following measure:

An act for the regulation of the practice of
drugless systems or methods of treating sick or
afilicted human beings ; regulating the examina-
tion of applicants for license ; regulating reg-
istration of applicants ; allowing those licensed
to treat diseases, Injuries, deformities, or other
physical or mental conditions of human beings
by drugless methods ; to establish a board of ex-
aminers for drugless physicians, to provide for
their appointment and formation and prescribe
their powers and duties; making violations of
its provisions a misdemeanor; and repealing all
parts of an act, entitled "An act to regulate the
examination of applicants for license, and the
practice of those licensed, to treat diseases, in-
juries, deformities, or other physical or mental
conditions of human beings ; to establish a board
of medical examiners, to provide for their ap-
pointment and prescribe their powers and duties,



ulation of the practice of medicine and surgery,
osteopathy, and other systems or modes of treat-
ing the sick or afflicted, in the State of Cali-
fornia, and for the appointment of a board of
medical examiners In the matter of said regula-
tion,' approved March 14, 1907, and acts amend-
atory thereof, and also to repeal all other acts
and parts of acts in conflict with this act," ap-
proved June 2, 1913, In conflict with this act and
repealing all acts or parts of acts In conflict with
this act.

The people of the State of California do enact
as follows :
Section 1. A board to consist of nine members
and to be known as the board of examiners for
drugless physicians Is hereby created and estab-
lished. The governor shall appoint the members
of the board on or before the first Tuesday In
December, 1914, each of whom shall have been
a citizen of this state for at least three years
next preceding his appointment. Each of the

Ninety-seven



tueiuu«is shall be appointed from among persons who practice
any method of the healing art known as the drugless method
and DO otiio' person practicing any other method than such
drugless method shall be eligible to membership on said board.
The governor shall fill by appointment all vacancies on the
board. The term of office of each member shall be four years,
provided, that of the first board appointed three members shall
be appointed toe one year, two members for two years, two
members for three years and two members for four years, and
that thereafter all appointments shall be for fcur years, except
that appointments to fill vacancies shall be for the unexpired
term only. No person in any manner owning any interest in
any college, school or institution engaged in any drugless
method of instruction shall be appointed on the board. The
governor shall have power to remove from office any member
of the board for neglect of duty required by this act, for in-
competency, or for unprofessional conduct.

Each member of the board shall, before entering upon the
duties of his office, take the constitutional oath of office. Not
more than two members of the board shall be of the same
school or system of any drugless method.

Sec. 2. The board shall be organized on or before the first
Tuesday of January, 1915, by electing from its number a
president, vice-president, secretary, and treasurer, who shall
hold their respective positions during the pleasure of the
board. Tlie board shall bold one meeting annually beginning
on the first Tuesday in February, 1915, in the city of Oak-
land, and at least one additional meeting annually which shall
be held in the city of Los Angeles, with power of adjournment
from time to time until its business is concluded; provided,
however, that examinations of applicants for certificates may,
in the discretion of the board, be conducted in any part of
the state designated by the board. Special meetings of the
board may be held at such time and place as the board may
designate. Notice of each regular or special meeting shall be
given twice a week for two weeks next preceding each meeting
in one daily newspaper published in the city of Oakland, one
published in the city of Sacramento, and one published in the
city of Los Angeles, which notice shall also specify the time
and place of holding the examination of applicants. The board
shall receive through its secretary applications for certificates
provided to be issued under this act and shall, on or before
the first day* of January of each year transmit to the governor
a full report of all its proceedings, together with a report of
its receipts and disbursements. IDie board shaU, on or before
the first day of January of each year, compile a complete
directory giving the addresses of all persons within the State
of California who hold unrevoked licenses to practice under
this act. The board is hereby authorized to require said per-
sons to furnish such information as it may deem necessary to
enable it to compile the directory. The directory shall con-
tain in addition to the names and addresses of said persons
the date of Issuance of the license, the present residence of
said person and a statement of the certificate held. The
directory shall be prima facie evidence of the right of the
person or posons named th^ein to practice. It shall be the
duty of any person holding a license under this act, or who
may hereafter be so licensed under this act, to report im-
mediately each and every change of residence, giving both the
old and the new address.

Sec. 3. The office of the board shall be In the city of Oak-
land and in all legal proceedings against the board said city
shall be 'eemed to be the residence of the members thereof.

Sec. 4. The board may from time to time adopt such rules as
may be necessary to enable it to carry into effect the provisions
of this act. It shall require the affirmative vote of five members
of said board to carry any motion or resolution, to adopt any
rules, to pass any measure, or to authorize the issuance of any
certificate as in this act provided. Any member of the board may
administer oaths in any matter pertaining to the duties of the
board, and the board shall have authority to take evidence in any
matter cognizable by it. The board shall keep an official record
of all its proceedings, a part of which record shall consist of a
register of all applicants for certificates under this act, together
with the action of the board upon each applioatlon.

Sec. 5. The board Is authcnlzed to prosecute all persons

guilty of violation of the provisions of this act. It shall have

the power to employ legal counsel for such purpose and diaU

also employ such clerical assistance as It may deem necessary

Ninety-eight



to carry into effect the provisions of this act. The board may
fix the compensation to be paid for such service and may incur
such other expenses as it may deem necessary. The board
shall fix the salary of the secretary not to exceed the sum of
twelve hundred (1200) dolUrs per annum, and the sum to be
paid to other members of the board not to exceed ten (10)
dollars per diem each, for each and every day of actual senlce
in the discharge of official duties; and the board may in its
discretion add to said sum necessary traveling expenses.

Sec. 6. All fees collected on behalf of the board of exam-
iners for drugless physicians and all receipts of every kind and
nature shall be reported at the beginning of each month, for
the month precedhig, to the state controller, and at the same
time the entire amount of such collections shall be paid into
the state treasury and &hall be credited to a fund to be known
as the board of examiners for drugless physicians' contingent
fund, which fund is hereby created. Such contingent fmid
shall be for the uses of the board of examiners for drugless
physicians. Out of it shall be paid all salaries and other
expenses necessarily incurred In carrying into effect the pro-
visions of this act. An amount not to exceed one thousand
(1000) dollars may be drawn from the contingent fund herein
created, to be used as a revolving fund wha% cash advances
are necessary; but expenditures from such revolving fund must
be substantiated by vouchers and Itemized statements at the
end of each fiscal year, or at any other time when demand
therefor Is made by the board of control.

Sec. 7. Every applicant for a certificate shall pay to the
secretary of the board a fee of twenty-five (25) dollars which
shall be paid to the treasurer of the board by said secretary.
In case the applicant's credentials are insufficient or in case
he does not desire to take the examination, the sum of ten
(10) dollars shall be retained, the remainder of the fee being
returnable on application.

Sec. 8. One form of certificate shall be Issued by said
board, under the seal thereof, and signed by the president and
secretary; said certificate shall authorize the holder thereof to
treat diseases, deformities. Injuries or other physical or mental
conditions or ailments of human beings without the use of drugs
or what are commonly knovm as medicinal preparations, and
which certificate shall be designated as "drugless physician."

Said certificate on betog recorded in the office of the comity
clerk, as hereinafter provided, shall constitute the holder thereof
a duly licensed practitioner In accordance with the provisions
of such certificate.

Sec. 9. Every applicant must file with the board at least
two weeks prior to the regular meeting thereof, satisfactory
testimonials of good moral character, and every applicant must
show that he has attended two courses of study, each such
course to have been of not less than thirty-two weeks duration
but not necessarily pursued continuously or consecutiveh', and
that at least ten months shall have intervened between the be-
ginning of any course and the beginning of the precedhig course.

The said application shaU be made upon a blank furnished
by said board and it shall contain such information cwcemiog
the instruction and the preliminary education of the spphcani
as the board may by rule prescribe. Provided, however, that
nothhig in this section shall be construed so as to apply to
applicants for registration as set forth in section 20 of this act

Sec. 10. Applicants for a certificate as set forth herein
shall file satisfactory evidence of having pursued in a legally
chartered school or schools, or in a regularly chartered college
or colleges the course of Instruction covering and including
Uie following minimum requirements:

Group 1. jS45 hours

Anatomy 510 hours

Histology 135 hours

Group 2. 340 hours

Toxicology 40 hours

Physiology 300 hours

Group 3. 315 hours

Hygiene 45 hoits

Pathology 270 hours

Group 4. 420 hours
Diagnosis 420 hours

Group 5. 260 hours
Manipulative and mechanical therapy 260 hours

Group 6. 800 hours

Gynecology 105 bom

Obitetrics 195 hoiw

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In the course of study herein cutltiied the hours requlied
shall be actuaJ work In the class room, laboratory, clinic or
hospital, and at least eighty (80) per cent of actual attend-
ance shall be required; provided, that the hours herein required
in any -one subject need not eiceed seTenty-fl\'e (75) per cent
of the number specified, but that the total number of hours
in all the subjects of each gr(up Ehall not be less than the
total number specified for such group.

Sec. 11. All applicants for a certificate, except as set forth In
s tlon 20, must pass an examination in the following subjects :

1. Anatomy and histology.

2. Physiology.

3. Hygiene, pathology and sanitation.

4. Diagnosis.

5. Toxicology.

6. General die^osis.

7. Gynecology and obstetrics.

All examinations shall be practical in character and designed
to ascertain the applicant's fitness to practice his profession,
and shall be conducted in the English language and at least
a portion of the examination in each of the subjects shall be
in writing in the discretion of the board. Tliere shall be at
least ten questions on each subject, the answers to which shall
be mailied on a scale of zero to one hundred. Each applicant
must obtain no less than a general average of seventy-five per
cent and not less than sixty per cent in any two subjects;
provided, that any applicant shall be granted a credit of one
per cent upon the general average for each year of actual prac-
tice since graduatloin.

The examination papers shall form a part of the records of
the board and shall be kept on file by the secretary for a period
of one year after each examination. In said examination the
applicant shall be known and designated by number only and
the name attached to the number shall be kept secret until
after the board has finally voted upon the application. The
secretary of the board shall in no instance pai-ticipate as an
examiner in any examination held by the board. All questions
on any subject in which examination is required under this act,
shall be provided by the board of examiners upon the morning
of the day upon which examination is given in such subject,
and when It shall be shown that the secretary or any member
of the board has in any manner given information in advance
of or during examination to any applicant it shall be the duty
of the governor to remove such person from the board of exam-
iners, or from the oCQce of secretary.

All certificates Issued hereunder shall be Issued in such form,
as shall be prescribed by the board.

Sec. 12. Said board must refuse a certificate to any appli-
cant guilty of unprofessional conduct. Said board shall adopt
rules of practice and procedure pursuant to and under and by
Tlrtue of the laws of the State of California by which to try
a person charged with unprofessional conduct. In every Instance,
Trtiere a person is charged with unprofessional conduct such
person before suspension or revocation shall be made shall be
cited to appear and be given an opportunity to defend himself
by counsel or otherwise in every stage of the proceedings. In the
event that any person has his certificate revoked or suspended the
secretary shall enter in the register the fact of such suspension
or revocation, as the case may be, and shall certify the fact of
such suspension or revocation under the seal of the board to the
county clerk of the counties in which the certificate of the per-
son whose certificate has been revoked has been recorded.

The words "unprofessional conduct" as used in this act are
hereby declared to mean:

First — The procuring or aidmg or abetthig in procuring of
a criminal abortion.

Second — The wilfully betraying of a professional secret.

Tliird — ^AU advertising which is intended or has a tendency
to deceive the public or impose upon credulous or ignorant per-
sons, and so be harmful or injurious to public morals or safety.

Fourth — All advertisements of any means whereby the monthly
periods of women can be regulated or the menses re-established
if suppressed.

Fifth — Habitual intemperance.

Sixth — The personation of another licensed practitioner.

Sec 13. Every person holding a certificate under thli act
authorizing him to practice any system as set forth in this
act known as a drugleas system whereby such person is author-
ized to treat sick or afflicted human beings In this ttatc, must
have it filed for record in the office of the county clerk of the
county or counties In which tht bolder of said certificate Is



practicing his profession, and the fact of such recordation shall
be endorsed on the certificate by the county clerk recordii^ the
same. Any person holding a certificate as aforesaid who shall
practice or attempt to practice a drugless system as set forth
herein, without having first filed his certificate with the county
clerk as herein provided shall be deemed guilty of a misde-
meanor and shall be punished by a fine of not more than one
hundred (100) dollars, or by imprisonment for a period of not
more than sixty days or by both such fine and imprisonment.

Sec. 14. The county clerk shall keep a bock provided for
the purpose in which a complete list of the certificates filed
for record by him as set forth therein with the date of the
record; and said book shall be open to public inspection during
his office hours.

Sec. 15. Any person who shall practice, or attempt to prac-
tice, or who advertises w holds himself cut as practicing any
drugless system or mode of treating sick or afflicted human
beings in this state, or who shall by a drugless method diag-
nose, treat, operate for, or prescribe for, any disease. Injury,
deformity, or other mental or physical condition of a person
without having at the time of so doing a valid unrevoked cer-



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 32 of 36)