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California Legislative Counsel Bureau California. Secretary of State.

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

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tificate as provided in this act, or who shall in any sign or
In any advertisement use the word "Doctor," the letters or
prefix "Dr."; or the letters "D. P.", or the words "Drugless
Physician", or any other term or letters indicating or implying
that he is a doctor under the terms of this act, or that he
is entitled to practice hereunder without having at the time
of so doing a valid unrevoked certificate as provided in thi:>
act shall be guilty of a misdemeanor, and upon convictioi)
thereof, shall be punished by a fine of not more than five
hundred (500) dollars, or by imprisonment for a term of
not more than one hundred and eighty days, or by botii
such fine and imprisonment Upon each such conviction the
fine when collected shall be paid to the state treasurer and a
report thereof shall be made to the state controller.

Sec. 16. Any person, or any member of any firm, or officer
of a corporation, association, organization or company, shall
be guilty of a misdemeanor, and upon conviction thereof shall
be punished by Imprisonment for not more than six months,
or by a fine of not more than five hundred (500) dollars, or
by both such fine and imprisonment, who, individually or as
an officer of any corporation, association, organization or com-
pany, shall himself sell or barter or offer for sffle or barter
any certificate authorized to be issued hereunder, or who shall
purchase or procure the same either directly or Indirectly with
intent that the same shall be fraudulently used or who shall
vilth fraudulent intent alter any certificate authorized to be
granted hereunder, or who shall use or attempt to use fraud-
ulently any certificate authorized to be granted hereunder,
whether the same be genuine or false, or who shall attempt to
practice any drugless system or treatment of sick or afflicted
human beings under a false or assumed name, or any name
other than that prescribed by the board of examiners for drug-
less physicians of the State of California on its certificate
issued to such person authorizing him to administer such treat-
ment, or who shall assume any degree or title not conferred
upon him in the manner and by the authority recognized in
this act, with intent to represent falsely that he has received
such degree or title, or who shall wilfully make any false
statement on any application for examination, license or regis-
tration under this act, with intent to deceive, or who shall
within ten days after demand made by the secretary of the
board fail to furnish to said board the name and address of
all persons associated with or employed by him or by any com-
pany or association with which he is or has been connected at
any time wltliin sixty days prior to said notice, together with
a sworn statement showing under what license or authority
such person or persons or its employee or employees is or are,
or have, or have been, practicing a system of treatment of the
sick or afflicted; provided, however, that such affidavit shall not
be used as evidence against said person or employee in any
proceeding under this section.

Sec 17. Nothing in this act shall be construed to prohibit
service in the case of an emei^ency, or the domestic admin-
istration of family treatment; nor shall this act apply to any
practltioniT from another state or territory who is actually
consulthig with a licensed practitioner in this state if £u<;i
practitioner Is, at the time of such consultation, a licenced
practitioner in the state or territory in which he resides, pru-

Nlnety-nine



vided, that such practitioner shall not open an oMce or appoint
a place to meet patients or receive calls within the limits of
this state; nor shall this act be construed so as to discrim-
inate against any particular system of dnigless method or any
other treatment, or to regulate, prohibit or apply to any Und
of treatment by prayer, or to Interfere with the practice of
religion in any way.

Sec 18. &rery person licensed to practice under the terms
of this act shall have the same rights and privileges granted
to other persons now practicing any system of treating sidk or
afBicted human beings under any of the laws of the State of
Califomia; provided, however, that such rights and privileges
are consistent with this act.

Sec 19. Every person licensed to iN*actice widw and by
virtue of this act shall have the full power and ri^t, and by
virtue thereof is authorized, to sign birth and death certificates
or any other certificate w otbw document necessary to the full
performance of such person's rights and duties obtained under
and by virtue of this act And it shall be the duty of any
officer of any city, cotmty v city and county or other munic-
ipal subdivision of the State of California, or the State of
California, to recognize and accept such certificate or other
document and file and record the same as by law in such cases
made and provided.

Sec 20. Any person who has been engaged in the actual
practice of any drugless system or method of treating sick or
afllicted human beings, which said drugless system or method
is as set forth in and recognized by the tmos of this act,
within the State of California, for a period of six (6) months
prior to the taking effect of this act, shall, upon the pay-
ment of the sum of twenty-five (25) dollars, be entitled to
register, without taking the examination hereinbefore set forth,
as a drugless physician. Upon registering, sudi persm shall
be entitled to and receive a certificate as set forth in section
eight (8) of this act. And it shall be the duty of the board
to issue such certificate upon the flUng of the application blank
as hereinafter set forth. Provided, however, that such applica-
tion for registration must be filed with the board within six
(6) months from and after the date this act takes effect
Such application shall be made upon a blank to be furnished
by the board and shall contain, among other things, the fol-
lowing informatim:

The name of the applicant; his address; length of time he
has lived in the State of California; length of time of his
actual practice as a drugless physician within the State of
California; nature, character and method of treathig the sick
or afllicted human beings within the State of California; name
of college or school teaching drugless methods from which the
applicant graduated. Any applicant failing or refusing to fill
out and file such application blank must be refused the right
to register and is not eligible to receive the certificate herein-
before set forth.

Sec 20a. Any person receiving a certificate under and by
virtue of any of the terms of this act is entitled and may be
allowed to use the word "Doctor" or the letters or prefix
"Dr." before his name or the letters or abbreviation "D. P."
or the words "Drugless Physician" after his name or any
other letters, words or prefixes signifying that he is entitled
to practice under and by virtue of this act Provided, however,
that whenever any such person does use any such words, letters,
abbreviations or prefixes as set forth in this section, then and
in such event such person must use the words "Drugless Physi-
cian" in connection therewith.

Sec 21. All parts of an act entitled "An act to regulate
the examination of applicants for license, and the practice of
those licensed, to treat disease, injuries, deformities, or other
physical or mental conditions of human beings; to establish a
board of medical examiners, to provide for their appointment
and prescribe their powers and duties, and to repeal an act
entitled 'An act for the regulation of the practice of med-
icine and surgery, osteopathy, and other systems or modes of
treating the sick or affiicted, in the State of California, and
for the appointment of a board of medical examiners in the
matter of said regulation,' approved March 14, 1907, and acts
amendatory thereof, and also to repeal all other acts and parts
of acts in confilct with this act. Approved June 2, 1913,"
where the same are inconsistent or in eonfliet with this act,
are hereby repealed.

Sec 22. All acts or parts of acts in cmiflict ho^with are
hereby repealed.

One hundred



AROlUMENT IN FAV6R 6P DRUOLESd PRaC
TICE ACT.

The real object of this proposed act is to secuii
freedom. In reality and practice it will sive t
every individual within the State of Callfornl
the right to choose his or her own doctor withou
any interference by unfair or drastic lawa ]

under the present laws of the state if a pei4
son desires to be cured of any bodily ailments i
afflictions, he is compelled to go to a doctor wh
uses and practices medicine. Thus one is forcd
to use a system which might be against his belid

Suppose, for example, that one wishes to coii
suit a mechano-therapist, or a chiropractic, or 1
hydro-therapist — under the present law a huraaj
being is deprived of this natural and inhereri
right

Medicine is not an exact science, and has beei
changing ever since its discovery and use. There
fore, the popular sentiment among thousands d
intelligent men and women against its use is nq
ill-advised.

The opponents will tell you that under th
present laWs the people have all the protectio
they need. With this view we have no argumenj
The proposed act has nothing to do with th
present laws other than to repeal those which ar
in conflict therewith. All the proposed act has t
deal with is the creation of a condition whereb;
the drugless physician will be legally recognized
and so that he can do, legally, that which h
must now either not do at all or be compel!©
to do illegally.

The opponents will tell you that if this law 1
passed it will let in a lot of quacks. The voter!
of this state are too intelligent to be fooled b]
this sort of time-worn argument Whenever sora
of the medical profession want to throw im
mantle of defeat over that which is in the Inter^
est of all the students of human ills, other thai
the political doctor and chosen few, they invarl
ably resort to abuse and defamation.

The people must also consider that under prea
ent conditions a medical trust has been bull
up In this state, with the result that men ad
women in the ordinary walks of life are compelled
to pay twice and three times as much for medica
aid as they would have to do under fair ani
generous conditions.

We are not appealing to sentiment in this mat
ter. It is not our aim to create any unfounded
public opinion. All we ask is fair play and i
square deal before the law. It is our God givei
right to live according to the honest dictates d
our own conscience. It is equally the same Goi
given right that any citizen should be allowed n
choose the one who shall cure him or her of hij
or her ills. ,

A competent examination must be taken befon
one Is allowed to receive a certificate, just as tW
present laws provide for those physicians who ua
medicine. Every reasonable safegruard is embodJ
led in the proposed law, thus protecting the peopl^

In the Interest of humanity and the manyhoni
est men and women who have spent their har^
earned money in receiving a college education t^
become drugless physicians, we ask that the peo-
ple vote for this proposed measure.

W. H. Jordan^ D. C.

ARGUMENT AGAINST DRUGLESS PRAC^
TICE ACT. J

The primary purpose of medical license law
is to protect the public from incompetent persow
who would give the impression that they an
skilled doctors.

A four-year high school course as a prelim|
inary education, plus four years of actual pr*
fessional training, is the minimum which shouM
be demanded by our laws of every person wh<
would hold himself before the public as a com^
petent doctor, no matter of what school. Doel
any citizen think the above to be too much train-
ing for a doctor? ,^.

A doctor often holds in his hand the healtt
and lives of his patients, and the economic suc-
cess or dependency of the families of his patients
If Doctor "So and So" is educated and wel
trained, then, if he is a conscientious man, n<
will probably use every remedy and method con'
ducive to the health and recovery of his patients



It matters little then whether he recelvead hie train-
ing in an old school, a homeopathic, an eclectic,
an osteopathic, or a drugless healing college.

Referring now to the special initiative petition,
which gives the impression that drugless healers
are sinned against in California, I wish to state
that this is a misstatement, for the present med-
ical law provides for "Drugless Practitioners'
Certificates'* ; and of such applicants, only 2,400
hours of study are required as against 4,800
hours of those who wish a "Physicians and
Surgeons' Certificate." The "physicians and sur-
geons" must in addition have adequate prelim-
inary education, which is not demanded of the
"drugless healers."

The proposed law to license "drugless heal-
ers" demands virtually that a man shall have
only a knowledge of reading, writing and arith-
metic, and that he shall attend at least eighteen
[nonths of training in a drugless practitioners
^school. (Section 9 of proposed act) Think of It!

But worse than this is section 20 of the pro-
Iposed measure, which permits a license to be



granted to any person who claims to have prac-
ticed drugless healing for six months prior to
the passage of this act.

There is nothing to forbid this new board,
under section 20. from granting a license to the
graduates of a 'correspondence school" of drug-
less healing, or any other kind of a school, or
perhaps no school at ail, as long as the man
states that he has been a "drugless practitioner"
for six months.

In conclusion, then, defeat this proposed law
for the "licensing of drugless healera"

First — Because It could flood California with
so-called doctors with professional training alto-
gether inadequate to such a sacred calling ; and.

Second — Because the present California law
gives all of these drugless healers who have any-
thing like a decent education a chance to obtain
licensee

Therefore, vote "No" on this proposed law If
you wish to safeguard the public health of Cali-
fornia, and perhaps the lives of your own family
and friends. Georqb £. Malsbary.



i VOTING BY ABSENT ELECTORS.

Initiative act providing for issuance of certificate of identification and ballot to voters who will
|i)e absent from home precincts on election day; provides that upon presentation by elector of
isoch certificate and ballot in sealed envelope to judge of election on election day at polls in
jtny precinct more than ten miles from polls where registered, such elector may mark said
Mot in secret, judge to mail same to county clerk where voter registered; prescribes form of
certificate and canvass of ballots ; authorizes elector to vote at home precinct upon surrender of
^rtificate and ballot

mary election held in the state, any registered
voter of any county or city and county in the
state may apply (in person) to the county clerk
of the county of which the applicant is a resi-
dent and a registered voter, and have issued to
him an identification certificate, which certificate
shall be void after the date of the election held
next following its issuance, and an ofilcial ballot,
in the manner hereinafter provided for.

Sec. 2. It shall be the duty of the county clerk
of each county in the state to provide identifica-
tion certificates, which certificates shall be printed
on the same leaf with a stub and shall be sep-
arated therefrom by a perforated line which shall
extend from the top to the bottom of each leaf.
The stubs and certificates shall be numbered
consecutively in each county and the number on
each certificate shall be the same as that on the
corresponding stub. The stubs and certificates
herein provided for shall contain the following
and shall be in form substantially as follows:



The electors of the State of California petition
to submit to the electors at the succeeding gen-
eral election occurring subsequent to ninety days
after the presentation of this petition, or at any
special election which may be called by the gov-
ernor in his discretion prior to such general elec-
lon, the following proposed law, which is in

ords and figures as follows, to-wit:

[An act to provide for the issuance of identifica-
tion certificates and ballots to duly registered
voters'; to provide the form of such certifi-
cates ; to provide the manner of issuing such
certificates and ballots; to permit registered
voters to whom such certificates and ballots
have been issued to vote in the manner pro-
I vided by this act, and to provide the manner
\ in which such votes shall be cast and counted.

The people of the State of California do enact
I as follows:

I Section 1. Not less than ten and not more
Ithan twenty days preceding any general or pri-



Stub of Identification.
Certificate No.

Issued



(Date)



(Visible matte or scars and location)
(Color or l^es)



(Age)



(Color or hair)
(HeiSt)



(Date of issuance of ballot)
Number of ballot



(Date of applicant's registration)



(Applicant's voting precinct)
Certificate void after .



(Date of ensuing election)



(Blcnature of person issuing oertlHcate)
(Signative of applicant)



No._



Identification Certificate.

(Date of issuance)



(Name of applicant)

feet inches

(Height) (Age)



(Color of eyes)
"[cirtorofhidr)



(Visible maris or scars and location)



(Signature of applicant)

Ballot issued , 19

(Date of issuance)

Number of ballot

I hereby certify that the above Is a true de-
scription of , a

registered voter of precinct of

the county of . , State

of California, who registered on , 191__,

and who at the time registered stated (or de-
clined to state) intention to affiliate with

the party at the ensuing election. This

certificate shall be void after -

(Date of ensuing election)

(Seal) 1

County Oerk.

By

(Deputy County Clerk.)
Digitizec ^^^ hundred^ne



On the back of each Identiflcation certificate shall be printed
Uiie following affidavit:
State of California, j „

County of i

I, .do

solemnly swear (or affirm) that I have resided In the State of
California more than one year, next preceding this date, and

in the county of ....,

more than ninety days, next preceding this date and in the

voting precinct of the city and county,

city, town, district or ward of , more than

thirty days, next preceding this date; that I am in all respects
a duly qualified elector of said voting precinct, and a resident

thereof; that I am a , and that because

of my duties or occupation or business as such

I am required to be absent from my voting precinct on this
day, and have had and will have no opportunity to vote there;
and that I have not voted elsewhere at this election.

Signed

Ab:ent voter.
Subscribed and sworn to before me this .day

of , 19

Judge of election in precinct No County

of , State of California.

Sec. 3. When application therefor is made by any registered
voter of the county, who is entitled to vote at the ensuing
election, the county clerk shall fill in, or cause to be filled in,
all of the blanks on the stub and certificates: shall number the
same, affix to the certificate the seal of the superior court of
the county, and after signing the same, shall issue the certif-
icate to the applicant therefor. Before separating the certif-
icate from the stub, and after affixing the seal to the certificate,
the person issuing the certificate shall affix the seal to the
stub and certificate in such a manner that a portion of the



impression vdll appear od each side of the perforated line. <^^
clerk or deputy Issuing the certificate shall tbeh remove frSu
the book of ballots. In the ordei^ in which the ballots are num-
bered, one of the ballots to be U3©d at the ensuing election
in the precinct of which the applicant is a qualified voter, and
after properly folding same, ^all . enclose the Identiflcatios
certificate and the ballot tn a strong envelope. He shall alsc
enclose in the same envelope with the identiflcation certificate
and ballot an unsealed envelope on which shall be printed th<
name and address of the county clerk of the coimty from which
the certificate and ballot are Issued, and the words, "Identifica-
tion certificate and ballot of absent voter." He shall Uien
securely seal the envelope in which are Inclosed the identiflca-
tion certiflcate, ballot and unsealed envelope with sealing wax.
On the face cf the envelope the clerk, or deputy shall make the
following record:

"Identiflcation certiflcate and ballot issued to

a voter of precinct

on 191....

(Signature of clerii or deputy)
The name of the person to whom the certiflcate and ballot
shall be issued and the number of the certiflcate and ballot
shall, by the person Issuing them, be entered in a precinct reg-
ister. A register shall be kept for each precinct and only the
names and number of certiflcates and ballots issued to voters ol
the precinct shall be recorded therein. Each register shall con-
stitute a part of the election supplies for that precinct and
shall be sent with the other supplies to the election board ol
that precinct The following shall be the form of the precinct

register: PRECINCT

The following named registered voters of precinct

county of ., State of California,

were furnished with ballots and identiflcation certiflcate^ on the
dates set opposite their repective names:



Date.



Name.



Certiflcate Number.



Ballot Number.



The clerk shall presene the stubs corresponding to certiflcates
Issued prior to the election at which the certiflcates may be
issued, during such time as the ballots used in said election are
preserved, after which time the clerk shall destroy both the stubs
and certiflcates in the manner provided by law for the destruc-
tion of ballots.

Sec. 4. Any person to whom an Identiflcation certiflcate and
ballot shall have been issued, as herein provided, shall be en-
titled to vote during any election in any voting precinct more
than ten miles distant from the polls of the precinct of which
he is a registered voter, on the day of such election, subject to
the following regulations. No voter so entitled to vote shall be
entitled to vote for any persons except those for whom he would
be entitled to vote by voting at the polling place of the precinct
of which he is a registered voter.

Sec. 5. The voter so entitled to vote shall present himself
at the polls in any voting precinct in the state, more than ten
miles distant from the polls in the precinct of which he is a
registered voter, during the voting hours, and shall hand the
sealed envelope containing the identification certificate and bal-
lot, which shall have been issued to him, to a judge of the elec-
tion. The judge shall thereupon break the seal of the envelope
and remove the certificate and ballot therefrom. The voter must
then make and subscribe before one of the judges of the elec-
tion, the affidavit required to be printed on the back of each
identification certificate. If it appear to the reasonable satis-
faction of the judges of the election board that the person pre-
senting the identification certificate and subscribing to the
affidavit required, is the same person described on the face of
the certificate, and to whom the certificate was issued, and if
the number of the ballot Is the same as the number appearing
on the identification certiflcate after the words, "Number of
ballot," provided that before said ballot shall be returned to
the voter it shall be carefully examined by said judge who shall
not return it to said voter If said ballot has been marked, mu-
tilated or contains any distinguishing marks. If the ballot has
not been marked, mutilated and contains no distinguishing
marks, the judge shall return the ballot to the voter, who shall
thereupon retire to a voting booth and mark and ftdd the some.
One hundred two



The voter shall then hand the ballot to a judge of the election,
who shall, if the number of the ballot be tiie same as the
Lumber appearing on the identification certificate after words,
"Number of ballot," enclose the identification certificate and
the ballot and securely seal the same. Immediately after the
polls have closed, the judges of the election board shall mail
all such envelopes with their contents, postage prepaid, to the
county clerks to whom they are addressed.

Sec. 6. At ten o'clock a. m. on the first Monday aftw eadh
election, the county clerk, the district attorney, the county
auditor, and the county treasurer shall meet in the office of



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 33 of 36)