137 S.W.2d 523 | Mo. | 1940
This suit was instituted in the Circuit Court of St. Louis County on March 4, 1937, by the plaintiff, a licensed physician practicing in St. Louis. The defendants are the State Board of Health and its component members. The suit is founded on a situation we outline thus: on February 13, a complaint against plaintiff was filed with the board's secretary, who, on February 16, notified the plaintiff thereof and cited him to appear before the board on March 10, to answer and defend against said complaint. Regularity in the filing and the giving of notice of the complaint is not questioned. Instead of complying with such notice and citation this plaintiff sought, by the present suit, to enjoin the board from further proceeding on said claim, which at the close urged the revocation of plaintiff's license.
To plaintiff's petition the defendants filed demurrer, which the court overruled. Defendants refused to plead further, suffered judgment of perpetual injunction and, in due course, appealed. The demurrer rested upon the specified grounds: (1) that the petition showed want of facts sufficient to entitle plaintiff to any relief in equity or at law; (2) that the circuit court had no original jurisdiction in the premises; and (3) that under the laws of this State, particularly Section 9120, Revised Statutes 1929, the board of health is given exclusive initial jurisdiction to determine in the proceedings pending before that body whether plaintiff's license shall be revoked.
Said complaint is set out in the petition word for word. In substance it is as follows: that Talbert W. Hughes has been and "is guilty of unprofessional conduct and dishonorable conduct, and is *998 a person of bad moral character," in this to-wit: — (1) he was convicted of using the mails to defraud; (2) he published and circulated an advertizement relative to disease of sexual organs, at Atlanta and around the country; (3) that by reason of the matters stated in (1) and (2) his license to practice medicine was revoked by the Board of Medical Examiners of the State of Georgia; (4) he permitted and instructed one Steinmeyer, his bookkeeper, to give medical treatment to patients at plaintiff's office, under his direction and instruction.
The petition alleges relative to number (1) that plaintiff received presidential pardon for said conviction and hence same furnished no basis for a charge of bad moral character. Relative to number (2), the petition alleges that same constitutes no ground for revocation of plaintiff's license in Missouri; also that same is res judicata, by reason of the judgment of the Jackson County Circuit Court quashing, on certiorari, the record of the then Missouri Board of Health, wherein his license was revoked; and that the revocation so quashed was also founded upon and included the matter contained in number (3) supra. The petition alleges that it is obvious from number (4) that the alleged acts of Steinmeyer were not the practicing of medicine, and alleges that the board is cognizant of the matters above specified, yet they threaten, without authority of law and oppressively, to conduct the scheduled hearing, to plaintiff's irreparable damage, and that hence he has no adequate remedy at law unless the defendants be restrained by injunction, which the prayer invoked.
[1] Respondent asserts the well established rule that all matters well pleaded in the petition are admitted by demurrer, of which rule we regard the term well as being the touchstone. Holding that view and having further reasons, we cannot agree with the conclusion proposed by respondent, that the demurrer was properly overruled and he was entitled to judgment as prayed.
[2] Not much need be said of the challenges attempted in the petition. They have one quality in common: they allege that not one of the specified charges contained facts sufficient to constitute a charge upon which plaintiff's license might lawfully be revoked — manifestly a conclusion of law. Next, allegations of matter in defense, actual or supposed, are made. Other allegations are made in the form of conclusions, or characterizations, supported by no factual basis laid in the petition, touching defendants' conduct in receiving and proceeding with the complaint filed against the plaintiff, which, as so challenged, is that the board acted in bad faith, unlawfully and oppressively in the premises. The demurrer does not accept conclusions of law as true. [State ex rel. Ashauer v. Hostetter,
[3] So the result is that no case for respondent is pleaded on the facts considered above. But we emphatically state that we have not ruled and do not intend to rule upon the adequacy or inadequacy of the complaint left pending before the board, since our decisions have ruled that question to be within the province of the board as an agency or tribunal of first instance in that regard. It is the questioned action of the circuit court we are concerned with and not the issues of the proceeding that gave rise to this case. [4] Irrespective of the infirmities of the petition, as noted, this case has no basis on which to lie in equity, or at common law (State ex rel. v. Shot,
The respondent chiefly relies on Horton v. Clark,
[5] We are cited to no authority, and have found none, which purports to authorize injunction in a case like this, where the inferior tribunal has jurisdiction of the subject matter, and the object of the bill is to restrain alleged irregularities in the charge and in the tribunal's procedure at the inceptive stage. The generally accepted doctrine is, ". . . that courts of equity do not interfere by injunction for the purpose of controlling the acts of public officers constituting inferior tribunals — such as supervisors, commissioners of highways, and the like — on matters properly pertaining to their jurisdiction; nor will they review and correct errors in the proceedings of such officers, the proper remedy, if any, being at law by writ of certiorari. . . ." [2 High on Injunctions (4 Ed.), sec. 1311.] Our court has, in recent cases, applied this established doctrine relative to administrative or ministerial agencies. They recognize that such agencies are, by legislative enactments, invested with a part of the State's police power and with some degree of discretion in the performance of their official functions in the exercise of such power. For example: in Selecman v. Matthews,
[6] The foregoing considerations seem to dispose of practically all the essential points on demurrer. Yet, further but brief discussion will follow in bringing this opinion to a close. The respondent insists that the Lentine case lends his position support in that it holds a licentiate would have to be charged with either the specific acts mentioned in the statute or some acts which in themselves, by common opinion and fair judgment, would be deemed "bad moral character or unprofessional and dishonorable conduct." The quoted phrase constitutes what we may term the permissive statutory grounds as distinguished from the subsequently specified absolute grounds for revocation of license. The Lentine case does so hold. From that the respondent concludes, as we understand, that the board would not have authority to try a licentiate on any charges which could not be so deemed to be within the meaning of the quoted statutory phrase. Obviously, the conclusion is a converse corollary to the import of said phrase. The respondent in his brief concedes that if the board were acting lawfully, he has no case for injunction. We hold that the board were functioning lawfully within the statute and within their exclusive jurisdiction when restrained by injunction, improperly granted in this suit.
The judgment of the lower court is reversed, and that court is directed to sustain appellants' demurrers, to dissolve its preliminary restraining order and dismiss the cause. All concur. *1002