{ "id": 5284326, "name": "People, etc., for the use of the State Board of Health, v. B. E. Jones", "name_abbreviation": "People v. Jones", "decision_date": "1900-12-07", "docket_number": "", "first_page": "447", "last_page": "449", "citations": [ { "type": "official", "cite": "92 Ill. App. 447" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "84 Ill. App. 453", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 5258446 ], "opinion_index": 0, "case_paths": [ "/ill-app/84/0453-01" ] }, { "cite": "71 Ill. App. 236", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 2450564 ], "opinion_index": 0, "case_paths": [ "/ill-app/71/0236-01" ] } ], "analysis": { "cardinality": 246, "char_count": 4025, "ocr_confidence": 0.548, "pagerank": { "raw": 6.770845263994211e-08, "percentile": 0.41314126808165264 }, "sha256": "47dd0757db441117920e196bd1a59919baab369ca406dd49bdc9216d5427e29d", "simhash": "1:584b1f2fd1e4f362", "word_count": 686 }, "last_updated": "2023-07-14T17:47:26.957327+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "People, etc., for the use of the State Board of Health, v. B. E. Jones." ], "opinions": [ { "text": "Mr. Presiding Justice Harker\ndelivered the opinion of the court.\nThis is an action of debt to recover the penalty for practicing medicine without license, provided by section 9 of an act approved April 24, 1899, to regulate the practice of medicine. Trial was had in the County Court with a jury, resulting in a verdict and judgment for appellee.\nThe evidence shows that appellee, in connection with his father, maintained an office in the' city of Bloomington, where he treated persons for physical ailments and received fees for the same. The treatment consisted of rubbing and manipulating the parts affected, and by flexing and moving the limbs, commonly known as \u201c massage \u201d treatment.\nThere is no controversy upon the facts, and the decision of the case hinges upon the construction of the last clause of section 7 of the act in question. Section 7 reads as follows :\n\u201c Any person shall be regarded as practicing medicine, within the meaning of this act, who shall treat or profess to treat, operate on or prescribe for any physical ailment or any physical injury to or deformity of another; provided, that nothing in this section shall be construed to apply to the administration of domestic or family remedies in cases of emergency, or to the laws regulating the practice of dentistry or of pharmaqy. And this act shall not apply to surgeons of the United States army, navy or marine hospital service in the discharge of their official duty, or to any person who ministers to or treats the sick or suffering iy mental or spiritual means, without the use of any drug or material remedy.\u201d\nThis court has twice held that the treatment of a patient by rubbing and manipulating the affected parts is practicing medicine within the meaning of section 10 of the act of 1887 to regulate the practice of medicine. Eastman v. The People, etc., 71 Ill. App. 236; Jones v. The People, etc., 84 Ill. App. 453.\nSection 7 of the act of 1899, a substitute for the act of 1887, is like section 10 of the act of 1887, except that there is added to the clause exempting from the operation of the act surgeons of the United States, army, navy or marine hospital service the words \u201c any person who ministers to or treats the sick or suffering by mental or spiritual means, without the use of any drug or material remedy.\u201d\nIt is contended that \u201cmassage treatment\u201d is a treatment of the sick by \u201c mental or spiritual means,\u201d and does not involve the use of \u201c material remedy.\u201d It is clear to our minds that rubbing or manipulating the affected parts is the employment of a physical agency as distinguished from a mental or spiritual one. There may be a combination of the two, as was testified to by appellee, but to bring the person applying the treatment within the exemption, the treatment must be exclusively mental or spiritual. The term \u201cmaterial\u201d remedy means a physical remedy. Webster thus defines material: \u201c Relating to, or consisting of matter; corporeal; not spiritual; physical.\u201d\nAs the court took a contrary view and instructed the jury that a person giving massage treatment was not liable under the act, the judgment must be reversed and the cause remanded.", "type": "majority", "author": "Mr. Presiding Justice Harker" } ], "attorneys": [ "Young & Potter, attorneys for appellant.", "\"W elty & Sterling, attorneys for appellee." ], "corrections": "", "head_matter": "People, etc., for the use of the State Board of Health, v. B. E. Jones.\n1. Practice of Medicine\u2014Massage Treatment.\u2014The treatment of a patient by rubbing and manipulating the affected parts by flexing and moving the limbs, commonly known as \u201c massa'ge \u201d treatment, is practicing medicine within the meaning of the act regulating the practice of medicine. Such treatment is the employment of a material remedy and does not come within the exception contained in the amendatory act of 1899 applying to persons treating the sick by mental or spiritual means.\nDebt, to recover a statutory penalty. Appeal from the County Court of McLean County; the Hon. R. A. Russell, Judge, presiding. Heard in this court at the May term, 1900.\nReversed and remanded.\nOpinion filed December 7, 1900.\nYoung & Potter, attorneys for appellant.\n\"W elty & Sterling, attorneys for appellee." }, "file_name": "0447-01", "first_page_order": 471, "last_page_order": 473 }