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February 17, 1906

THE HOT SPRINGS DECISION.

JAMA. 1906;XLVI(7):515-516. doi:10.1001/jama.1906.02510340041011

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Abstract

Some little time ago an Arkansas judge issued an injunction against any interference with a Hot Springs touting doctor, holding that the State law prohibiting such practices was unconstitutional and that the cession of the jurisdiction of the Hot Springs reservation to the General Government was also void. The case was promptly carried to the Arkansas Supreme Court, which has just rendered its decision. It says, as regards the jurisdiction of the United States and the right of Congress to enact laws regulating the use of the Hot Springs by physicians, that it raises a question in which it would follow the decisions of the Federal courts and which it does not feel bound to consider at the present time. If the United States jurisdiction did not exist, however, there would still be a valid state law against the practices of drumming or touting for patients, and the fact that

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