Barrett v. Board of Osteopathic Examiners

HOUSER, J.

This is an appeal from a judgment rendered by the superior court that ensued from a hearing on a writ of

certiorari

theretofore issued by said court with reference to certain proceedings had before the appellant board, which proceedings resulted in the making of its order or judgment, by which the license of respondent, herein to practice in this state the system of treatment known as osteopathy, was revoked.

The only concern of this court in the matter is to determine whether the evidence received by the examining board of appellant was legally sufficient to sustain its order in the premises. The identical question was involved on the hearing of the matter in the lower court; and preceding the rendition of its judgment that court rendered its written opinion therein. In the main, that opinion constitutes a correct and adequate expression of the opinion of this court in the matter of the instant appeal; and, to the extent hereinafter set forth, is hereby adopted by this court as its opinion herein. That part of said opinion is as follows, to wit:

“ The acts charged against petitioner as disclosed by the record before the court consist of employing an unlicensed practitioner for treatment of the sick or afflicted and the aiding or abetting of an unlicensed person to treat the sick or afflicted.

“The evidence discloses that petitioner at the time of the alleged offenses was the manager of a corporation running a

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so-called health center or institution for the treatment of the sick and afflicted, in which capacity it was his duty to employ and he did employ and discharge physicians and assistants who were paid for their services by the corporation. In the instant case two women were treated by the institution under written contracts entered into with the corporation. Among the employees was an Indian known as Chief Thunder Cloud. The Chief was an entertainer-, lecturer, and instructor in Indian dancing and hygiene, and was also after a fashion a masseur, having gained some knowledge of the practice of massage among the members of his tribe. He was employed by the petitioner as an entertainer during a course of lectures which petitioner was giving to the Friday Morning Club of Los Angeles. During this course of lectures Chief Thunder Cloud gave some instruction to his audiences as to the proper manner in which to walk, as well as instruction in Indian dance steps. Following this course of lectures he was retained by the health institute as a masseur. He brought to the institution some herbs prepared in the form of pills. These he turned over to the institute in order that they might be prescribed and sold by the physicians. There is evidence that he himself recommended the use of these pills to patients who testified at the hearing and that he received several dollars therefor. He gave massage to two female patients and some sort of manual treatment which seems to have been designated as ‘brain vibrations’. One of the patients testified that the Chief twisted her neck causing the vertebrae to snap, while the other one testified that he pounded her up and down the spine. These treatments, it appears, were given while the patients were seated in chairs. He looked into the eyes of one of the patients who was suffering from eye trouble and, as she testified, informed her that her eyes could be cured. At the same time these treatments were being administered the patients were also receiving treatment from a physician in the organization who gave them spinal adjustments upon an operating table designed for that use.