Case Summary
On February 10, 1905, O.V. Lawson was arrested and charged with practicing medicine and surgery without a license. He used the title M.D. and assumed an alias under the name of another individual, D. T. Richards. He allegedly prescribed drugs to treat “wounds, fractures, and bodily injuries, infirmities, and diseases.” His patients included Frank H. Warren, Frank R. Wallace, and J.A. Havlik. The Fidelity and Deposit Company of Maryland acted as a surety to allow Lawson to pay his bail. Lawson pleaded not guilty, but the jury ruled that he was guilty as charged. He was sentenced to 90 days in the King County Jail and fined $100. Lawson appealed at the Washington Supreme Court, but they affirmed the judgment and denied the appeal. On January 8, 1906, Lawson petitioned for a writ of habeas corpus, arguing that the statute that criminalized practicing medicine without a license was void. He stated that it deprived him of his right to an occupation and property. He added that the Board of Medical Examiners was an illegal board with arbitrary power. He argued that this board, also known as the State Medical Society, was part of a conspiracy and hired spies to testify against him in court. Judge A. W. Frater issued the writ. The respondent, L.C. Smith, submitted a demurrer, arguing that the facts did not justify seeking a legal remedy. He also stated that Lawson was held in custody based on the judgment of a court, highlighting the existence of due process. The case file does not indicate the outcome of the petition or Lawson’s fate. According to the January 12, 1906 issue of the Washington Standard, Lawson’s petition for habeas corpus was denied. It also reported that Justice Mount of the Washington Supreme Court granted a writ of error and released Lawson on a $500 bail bond.
Case Information
Petition type(s)
Petition subtype(s)
- Practicing medicine without a license
Sites of significance
Outcome
Writ denied
Fate of bound party
Released on bail
Case Citation
King County Government, Judicial Records, Superior Court, Case No. 49840
Source material(s)
Case File
Length of case file
Between 21 and 30 pages
Repository(s)
State
Point(s) of law cited
“An act to regulate the practice of medicine and surgery in the State of Washington and to license physicians and surgeons, to punish all persons violating the provisions of this act, and to repeal all laws in conflict therewith, and declaring an emergency” and its amendment consisting of sections 6284-6285-6286-6287-6288-6289-6290 and 6291 of Pierce’s Code of the State of Washington|Chapter CLXIX of the Code of Washington (1881)|Sections 3 and 12 of Article I of the Constitution of the State of Washington|Section I of the 14th Amendment of the Constitution of the United States
Tag(s)
