112 F.2d 52 | 5th Cir. | 1940
An injunction was sought in the court below against the appellee to restrain him from refusing to permit osteopaths to register and distribute or administer narcotic drugs. This appeal is from a ruling denying the relief sought, and presents the single question: Are osteopaths in the state of Georgia entitled to register with the Collector of Internal Revenue, and to distribute or administer narcotic drugs under the Harrison Narcotic Act? The Collector has no discretion in the matter,
Our decision is controlled by applicable Georgia statutes regulating the sale and purchase of narcotic drugs. 26 U.S.C.A. Int.Rev. Code, § 3220 et seq. The highest judicial tribunal of Georgia has not decided the exact question here involved, so we apply the law as we understand it to be in that state. Delong v. Jefferson Standard Life Ins. Co. 5 Cir., Feb. 19, 1940, 109 F.2d 585.
Appellants contend that they are “practitioners of medicine” within the meaning of the statute of 1907,
The controlling Georgia statutes do not expressly include osteopaths among those legally empowered to dispense and administer narcotics. It is universally recognized that the indiscriminate sale or distribution of narcotics has vicious potentialities. Regulatory statutes in such cases must be construed so as to carry out the intention of the legislature. We think it is clear that the Georgia legislature did not intend to authorize osteopaths to use narcotic drugs in their practice.
Webster’s New International Dictionary defines osteopathy to be a system of treatment based on the theory that diseases are chiefly due to deranged mechanism of the bones, nerves, blood vessels, and other tissues, and can be remedied by manipulation of these parts. The Georgia legislature has repeatedly classified the science of osteopathy as a non-drug-giving school of medical practice.
'It conclusively appears that the accepted meaning of the term “osteopathy,” from the beginning of the science in 1874 far beyond the date of 1909 (which is controlling here), contemplated a drugless science of medicine. State v. Bonham, 93 Wash. 489, 161 P. 377, L.R.A. 1917D, 996. An examination of the history of the science indicates that osteopathy is the very antithesis of any science of medicine involving the
The opinion of the Attorney General of Georgia reaches the same conclusion that we have expressed, which opinion is entitled to consideration in construing Georgia statutes. Perry v. Larson, 5 Cir., 104 F.2d 728.
Since a licensed osteopath in the state of Georgia is not authorized to purchase or dispense narcotic drugs, the judgment appealed from is affirmed.
Perry v. Larson, 5 Cir., 104 F.2d 728; Bruer v. Woodworth, D.C., 22 F.2d 577.
The Georgia Medical Practice Act defined the practice oí medicine to mean holding oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings, or the suggestion, recommendation, or prescription of any form of treatment for the intended palliation, relief, or cure of any such defect or ailment of any person, for compensation. Ga.Code 1933, Sec. 84-901.
This law defined a physician to he a person authorized by law to practice medicine in the state, and any other person authorized by law to treat sick and injured human beings in Georgia, and to use narcotic drugs in connection with such treatment.
Ga.Code Ann. § 84-1209 (1909).
The district judge found that osteopathic colleges of good repute, in 1909 and since, have taught and practiced the use of nareotics, and the chemistry and toxicology thereof, and that osteopaths could not carry on the general practice, as so taught and practiced, without the use of nareotics.
Ga.Acts of 1916, §§ 84-9918, 84-9919; Ga.Code Ann. § 84-906.