Barron v. Board of Dental Examiners

THE COURT.

An appeal from a judgment annulling certain orders of the Board of Dental Examiners of the State of California. Respondents are regularly licensed and practicing dentists. On May 16, 1929, verified accusations were filed with the board charging respondents with unprofessional conduct. The accusations were identical in form, the material portion of that filed against respondent Barron being as follows: “Pursuant to the provisions of the law of the State of California, I do hereby charge Fred T. Barron, who is and was, at all the times herein mentioned, a regularly licensed and practicing dentist in the State of California, with unprofessional conduct as the same is defined in said law aforesaid, specifying as the basis of such charge the following facts: That the said Fred T. Barron on or about the ninth day of May, 1929, at the city of Oakland, county of Alameda, State of California, did employ certain persons as cappers and steerers to obtain business for him in the following manner, to wit: That at the time and place aforesaid said Fred T. Barron did employ radio broadcasting station KLX, operated by the Oakland Tribune, a corporation, to obtain business for him by means of the following announcements over said radio broadcasting station, to wit: ‘You are now to be entertained with a program sponsored by Doctors Barron and Wilkinson, those gentle dentists. Their office is at Seventeenth and Broadway, opposite the Oakland post office. The entrance is No. 455 Seventeenth street. Doctors Barron and Wilkinson are specialists of the highest degree in the dental profession. Dr. Barron is a plate specialist and guarantees a perfect fit. He does all the work himself. You will be agreeably surprised at their prices.

[384]

These gentle dentists are celebrating their first anniversary, having opened their office on May 8th, a year ago. They now have 1400 satisfied patients. Their telephone number is Oakland 1819. Telephone for an appointment. Open evenings until eight. ’ That said announcements were regularly broadcasted over said radio station and were heard by the general public; that said Fred T. Barron paid said radio broadcasting station a consideration for making said announcements and each of them, and it was thereby intended by said Fred T. Barron that business should be obtained by him as a result of said announcements from those who heard the same. That all of said acts above set forth are contrary to the law of the State of California.”