Case Summary

On June 11th, 1915, Francis Stephen Medcraf petitioned for a writ of habeas corpus alleging he was being deprived of his liberty by respondent Robert T. Hodge, Sheriff of King County. Medcraf was arrested for violating a Washington statute requiring all practitioners of dentistry to be licensed. The statute, amended in 1901, required applicants to have a diploma from a college of dentistry and pass examination before the board of dentistry. The statute exempted Washington citizens practicing dentistry at the time of passage. Medcraf moved to Seattle in 1908 and opened up his own dental practice, applied to the State Board of Dentistry for a license, and paid the fee for examination but was denied due to not having a diploma from a college of dentistry. The petition stated Medcraf had 22 years of dental experience and alleged the statute violated due process and equal protection as it created a privileged class as it benefited dentists, not on account of merit, but on account of having a diploma or location of residence at time the statute was enacted. Judge Neterer balanced many competing precedents and ultimately sided with the respondents who cited precedents which established provisions for determining the qualifications of those engaging in the practice of medicine was not open to question and cited cases in which requiring a diploma to practice dentistry was upheld and not found to be discriminatory. The writ was denied, and the petitioner was remanded to custody. Medcraf petitioned for an appeal to the U.S. Supreme Court and supplemental research revealed that the Washington statute was upheld and Medcraf was remanded to custody once again.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Practising dentistry without a license

Sites of significance

• King County Jail (Seattle, Washington)

Outcome

Writ allowed

Fate of bound party

Remained in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 3038

Source material(s)

Case File

Length of case file

Between 101 and 150 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

Constitution of the United States, Fifth Amendment, Section 1 of the Fourteenth Amendment; Article XIV of the Amendments to the Constitution; General Laws of Washington for 1893; Dental Act of 1902; Section 12 Article 1, Section 7 Article 1 of the Constitution of the State of Washington; State of New Hampshire vs. Pennoyer; State vs. Brown 37 Wash. 105; State vs. Clausen 65 Wash. 178; State vs Thompson 36. Wash. 377; State vs. Smith, 33 L.R.A.; State vs. Fisher 52 Mo. 194; Yick Wo. vs. Hopkins, 118 Y.S. 356; Smith vs. Texas 233 U.S. 630; Lawton vs Steele, 152 U.S. 187; Lochner vs. New York 189 U.S. 52; Hennington vs. State of Georgia 163 U.S. 300; Ohio Oil Co vs. Indiana 177 U.S. 185; Voight vs Wright 141 U.S. 62; State of Minn vs. Barber 136 U.S. 313; Mugler vs. Kansas City 123 U.S. 623; People vs. Steele 14 L.R.E. (NS) 368; Kan. City Gas Co. vs Kan. City 198 Fed. 500; Harmon vs. State 66 Oh. St. Rep. 254; Atlantic Coast Line RR. vs. North Car. 206 U.S. 1; Leisey v. Hardin, 135 U.S. 127 ;Reetz v. Michigan 188 U.S. 505; Dent v. West Virginia, 129 U.S. 114; Webster v. State Board of Health, 113 S.W. 415; People v. Phippin, 37 N.W. 888; People v. Griswold, 106 N.E. 929; Act of Congress of March 10, 1908; ex rel Crandall v. McIntosh (Mo.) 103 SW. 1078

Tag(s)

• Appeal
• 14th amendment

People

• Medcraf, Francis Stephen (petitioner)
• Medcraf, Francis Stephen (bound party)
• Emery, Geo. D. (petitioner attorney)
• Hodge, Robert T. (responding party)
• Hodge, Robert T. (respondent)
• Hodge, Robert T. (holding party)

• Additional parties

  Crosby, Frank L. (Clerk)

  Lombardi, William (Dentist petitioner apprenticed under)

  Royce, Waldo (Dentist petitioner apprenticed under)

  Shillcock, James (Former employer of petitioner)

  Clifford, Isador (Former employer of petitioner)

  Null, M.M. (Surety)

  Null, Johnson Nell (Wife of surety)

  Michael, E. (Surety)

  Michael, Leomie J. (Wife of surety)

  Hill, Geo. W. (Surety)

  Hill, Era Bell (Wife of surety)

  Rafferty, John W. (Surety)

  Rafferty, Grace H. (Wife of surety)

  Hollcroft, Elijah Le Roy (Surety)

  Hollcroft, Marjorie A. (Wife of surety)

  Conover, H.F. (Complainant)

  Shrewsbury, Edward (Arresting officer);