In Re Hartman

BARNARD, P. J.

The petitioner alleges that he was charged, in separate counts of a criminal complaint filed in the justice’s court of San Bernardino township, with the unlawful possession of a hypodermic syringe and needle in violation of section 8 (e) of the Poison Act (DBering’s Gen. Laws, Act 5994), with a violation of the state Chiropractic Act (Deering’s Gen. Laws, Act 4811) by unlawfully applying to himself the term “Physician”, and with a violation of the Medical Practice Act (Leering’s Gen. Laws, Act 4807) by practicing medicine without a license; that he was tried upon a written stipulation of facts and found guilty on all three counts; that a fine was imposed on each count with the alternative of a jail sentence; that he appealed to the Superior Court of San Bernardino County, which court affirmed the judgment and sentence as to each count; and that the sheriff has taken him into

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custody on account of Ms refusal to pay any of said fines or any part thereof.

The petition purports to set forth the stipulation of facts referred to. Among other things, it was stipulated that the petitioner was a licensed chiropractor under the Chiropractic Act; that he was not a licensed physician and surgeon under the Medical Practice Act; that he was possessed of the degree of Naturopathic Doctor (N. D.) issued by a Chiropractic college but that he held no certificate to practice as a naturopathic physician in California; that he knowingly had in his possession a hypodermic syringe and hypodermic needle when he was not a physician, dentist, registered nurse, veterinary or pharmacist licensed to practice in this state; that said instruments had not been purchased by him through or with an order signed by a licensed physician, dentist, veterinarian or a person licensed to practice osteopathy; that he knowingly practiced and advertised himself as practicing a system or mode of treating the sick within this state in that he diagnosed and treated the disease of cancer according to the “Koch” method, by injection of a fluid called an “antitoxin” or split-protein ; that this method of treating cancer is taught in chiropractic schools and colleges in this state; that the use of a hypodermic syringe and hypodermic needles is taught in chiropractic schools and colleges in this state in connection with the subjects of bacteriology, obstetrics and gynecology; that the method of healing and treating the sick known as “Naturopathy” is taught in chiropractic schools and colleges in this state, and that the words “Naturopathic Physician” mean one who has taken the prescribed course and who has the degree of Naturopathic Doctor or N. D.; that two licensed physicians and surgeons, who are named, would qualify as experts in medicine and surgery and would testify that in their opinion the use of a hypodermic syringe, a hypodermic needle and antitoxin is a part of the practice of medicine and surgery; and that a named licensed chiropractor would qualify as an expert and testify that in his opinion the use of a hypodermic needle and syringe and an antitoxin is not the practice of chiropractic.