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January 13, 1900

DECISION ON OSTEOPATHY.Harry Nelson, Plaintiff, vs. State Board of Health, Defendant, in Jefferson Circuit Court, Law and Equity Division.

JAMA. 1900;XXXIV(2):86-94. doi:10.1001/jama.1900.24610020022003

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Abstract

SYLLABUS OF POINTS DECIDED. 

  1. The statutes of Kentucky against empiricism are constitutional.

  2. Whether a school of medicine from which a party holds a diploma is a reputable medical college, is a question alone and exclusively for the State Board of Health to decide.

  3. Mandamus will not lie to compel the said Board to decide a particular way. Their act is quasi-judicial and is not subject to mandamus.

  4. On the merits, held that the American School of Osteopathy at Kirksville, Mo., from which the plaintiff holds a diploma, is not a reputable medical college; and that the State Board of Health is right in refusing to allow the plaintiff to practice osteopathy in this state. The evidence analyzed and the law reviewed.

  5. Historic review of kindred quack schools of mysterious healing.

This is a suit in equity by the plaintiff, Harry Nelson, against the State Board of Health of Kentucky, to

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