New Britain Herald Newspaper, August 30, 1927, Page 10

'FOUR ECLECTICS WIN APPEALS IN SUPERIOR COURT, (Continued From First Page) lcense is correct certainly the plaintiff is not entitled to the equit- able relief sought. “Judgment may be entered for the defendants without costs.” Six Taken As One. Judge Brown's memorandum of decision in the appeals of Campo, Coppola, Feldman, Levy, Lerner and Mower follows: “Of these cases tried to order of court numbers 26613 admittedly involve issues as to the appellant Feldman and are so treated as one case. All six actions are appeals under sec- tion 2860 of the general statutes from the action of the state ¢ ment of heatlh in revoking, pursu- ant to section 59. the respective certificates of registration of the ap- pellants entitling them to practice medicine and surgery in Connecticut upon the written request of the four members of the eclectic examining board, on the ground that each of the appellants had procured his said certificate of registration by fraud. “The decision of each appeal calls | for the determination of two fun mental questions: First, the statutery procedure here so fol- lowed constituted the ‘duc proc of law’ guaranteed by the teenth amendment of the United States constitution, and second, whether the appellant did procure his certificate of registration the general statutes. “In g0 far as the first question is eoncerned, it is identical in all six cases, the same statute being applic- | able and the some procedure having As to been followed in each case. this constitutional question, the ca of Brein vs. Connecticut eetic ex- amining board, 193, Connecticut 65, is on all fours with this case. The court held : (1) that ‘the proce- dure followed x x x was in strict accord with our statutes and in that particular the appellant not been deprived of due process of law and (2) that the statutery procedure is not so inherently unreasonable or inappropriate to the end in view as to involve the deprivation of some | constitutionally guaranteed right. As to the right to a hearing the ac- whether four- | by fraud within the terms of 2§59 of clal procdure, satisfies the constitu- | tional requirement’ item 85. The | appellants contend in this decision limited its con ation upon the question of | process of law” to that guaranteed | by the state as distinguished from | the federal constitution. Governed by Decision The unrestricted phraseology of Justice Beach's opinion, and the full presentation of the question pro and ! con in the briefs of the parties, forc me to the opposite conclusion. I therefore accept the above d ,as a controlling authority upon Vi question in these cases. “And without this anthority upon this point, 1 should notwithstanding !conclude that no constitutional right of the appellants has been vi- olated. 1In the first place the ap- pallee boards were acting here in an administrative and not a judicial capacity, (Item $5), so that the no- tice and hearing ted with due process' in s of the latter nature, are cre. which thori ssoc proceed not essentia distinguishes many of the | upon this question by the appellants. In the sccond place, it notice is required, the notice was given here, for the suit of their appeals by the appel- lants automatic afforded them the hearir before judg: t to hich they were entitled at it » them such opportunity to be ent. (Reetz vs. preme Court, 350). It may larly well be so held wh evidence discloses was Hnw here, the ppellants have d to con- 16 to practice medicine pendin their appe n the first ques- tlon, thercfore, nd against the '\]vpv'l:-\(« leaves ase the r the necessary pur- ally s ination in as to appe registration by fraud. icts are common to all of the cases, in many these of each are distinctive, requir- ing the consideration of each upon its own merits in reaching a con- clusion. Brands Feldman Frand brazen fraud of dman in his certificate and fighting it, garnished by his obvi- ¢ perjured tes during this | leads me to dispose of his ap- first, in the fewest possible ords. Aside himself, tion. which he furnished p upon the witness stand, the eviden in the onelusive that, througi frand deceit, that Briges, - and Ch, man Hair Connecticut Fc: Board, he bought respects “The obtaining from the exhibit defying adequate case his con supplemen Adcox, Ale of the of that the court | int procured his | and | T medical knowledge | have dented him. is dismissed. | Training of Five Poor “As to the other five appellants, Campo, Cappola, Lerner, Levy and | Mower, the evidence is clear that |their preparation and training for the practice of medicine and sur- gery was poor, initerant and incom- plete, at the best, and their record of failures upon the way quite voluminous. Nevertheless it is to be |borne in mind that it is their good | faith and not their learning that is ctly in issue he 1f, handi- wpped by circumstances of one sort or another, as apparently all of them were in greater or less ¢ young men or any of them ha zood faith, and honestly, met the requirements of this state, and so obtained his certifi it more to his credit, and T should be very loath, by a decision of mine, deprive him of it “While, therefore, 1 tate’s contention that ce to the lite, health public is just a license. to practicel medl- obtained through the fraud of ¢ board as through that of himself, the reasonable tation of 2859 is board wa Feldman’s appeal with the 1gree licensec proper interp that such traud by the L revocation o under, and 1 f fraud upon the part of the cases of these five ap- in the respects set forth- ith, particularly in Part 111 of the tat , I am glad that upon the her conclusions I reache my decision does not rest pon this narrower ground. Ior it ny conclusion that there was also fraud upon the part of cach and every one of these five appellants. he appellants well point out in brief that ‘fraud is never pre- 1ed but must be proven. As is however, from Bartholoeomew 5. D Rubber Company, 69 onn. 531, therein cited, this does not mean that the court may not re- sort to the reasonable inferences to be drawn from the evidence to find 1ch frau Such direet evidence of ud assigned to the court’s con- Jusion in I"eldman’s appeal is hard- ¢ to be expected in the those appeliants whose perspicacity is not so fully s temerity as apparently was Nor is it to be expected that any ypellant will acknowledge any ud upon his part, if it existed. T for this reason t in the ordi- ry case of this nature, the infe ences reasonably drawn from idence often bhecomes of con- trolling importance. Such is the sit-| ion here. 0 is ranis {her as such soard in lants the clear, is would otherwise | is the ! to cases of | the | NEW BRITAIN DAILY HERALD, TUESDAY, AUGUST 80, 1927. cases of these five appellants, would be neither fo | this memorandum. disreputable and de; tion and activiti of the St. Loui: college of Physicians & Surgeons of which all were ‘graduates’ the brib- ery of Hair, the dominating member of th ic board, by the fake plomas from Alexander of his Kan- vy school; the cooperation be- tween Briggs, as proprictor of the St. Louis college and Alexander, and the activities of the latter and ! Adcox in and about the cclectic board’s examination sessions: the sudden increase in St. Louis ‘gradu- ates' taking and passing the eclec- tic board examinations; the abrup migration of Campo, Mower, Levry 'and Lerner, with some dozen othe to the St. Louis college from Middle- sex college, in the fall of 1920, with out apparent reason, although one at least had paid part of his Middle tuition in advan 1 a service the full year: the lack of any ade- quate two years' course in eclectic medicine; the testimony of Coppola that he attended St. Louis for the four years 1916 to 1920, til corroborated except b from the fraudulent Briggs, though ‘hl\ name appears nowhere {records from 1924 to 1925; | copies of fraudulent certificates’ in the names of Levy, | Lerner and Mower, found in Sach’s {‘home file' in the raid by the St. Louis police; Camp and Lerner in their effort to The absolutely un- the cover their scholastic difficulties be- | false | fore entering St. Louis; the swearing as to such matters as place of birth, preparation and their school of medicine, upon their ap- Dlications to the Massachusetts ex- amining board; the resort by the appellants to non-resident endorsers | |and their testimony that notwith- standing the disclosures as to the St. Louis college Bloomer Elastic 3-yard pieces, mercerized only. Special for piece /4-inch Wednesday, sible nor profitable in | enerate condi- | di- | and another | schlarship there for | college | a letter | on its |1 ‘preliminary | the false testimony of | and Briggs, they s(llll | esteemed one or both to be reputa- ble and inefficient above reproach— are but a few of the significant facts brought forth for the court's con- ! sideration in this connection. Fraud in School “Upon all the evidence, it is my conclusion to phrase it in the words of their brief, that there was fraud on the paft of the St. Louis college | from which these five appellents graduated both in its teaching and in its preliminary requirements for ad- mission; that these appellants had { knowledge of the same, and were guilty of fraud in connection with ‘(!n* admission and education there, and also, among other acts, in ob- ining their certificates from this tate pursant to their examination before the eclectic board. The ap- peals of Campo, Cappola, Lerner, Levy and Mower are dismissed. “Lerner's appeal was heard by agreement as though a general de- nial had been filed by the state, al- though the formal pleading had not been filed at the time of the trial, If this has not been filed, it should done forthwith.” Judge Simpson, in his memorial of decision says: “These are all ap- peals from the state department of alth upon request of the Connec- ticut eclectic board revoking the certificate for appellants to practice medicine in this state. ‘At the opening of the trial, the | counsel for the respondents made a motion that all the cases be con- | solidated. The motion to consolidate was denied except insofar as the court ruled that it would hear all the cases together and would con- sider in deciding each individual case only such evidence and testi- mony was applicable thereto. “The respondents claimed that cach appellant had procured a cer- | tificate to practice medicine by fraud and the cases were tried upon that issue only. i | be wide elastic — white 8c “The appellants, by their counsel during the trial and upon their briefs make certain claims of law respecting certain questions of pro- cedure and that they were deprived of certain constitutional rights, both state and federal, in the manner in which their licenses were revoked. The court considered these questions determined insofar as it is concern- ed by the case of Brein vs. Connec- ticut eclectic examining board, et al., 103, Connecticut 65, and upon these questions of law, therefore finds against the appellants. Ruling on Fraud “In passing upon the question of fraud the court indulges in no pre- sumption of {raud as against any- one of the appellants but accords them the presumption that the act- ed without intention to defraud or deceive. Presumption of fraud, however, is to be distinguished from inferences of fact arising from the festimony and facts crealy proved and within the knowledge and con- cerning any particular appellant. “Without burdening this memo with facts proven concerning the varfous medical schools which appellants attended and the manner in which the Connecticut eclectic board conducted examinations and the knowledge of each appellant thereof, I indicate below certain frauds on the part of some of the appellants justifying the dismissal of their appeals, others I have found to have acted without intention to defraud or deceive. In each in- stance, however, it i3 not intended to give all the facts in regard to any particular appellant.” AUSTRALIAN OFFICIALS GUEST! Hartford, Aug. 30 (#—Three high public health officials of Australia vesterday visited the state depart- ment of health and state water com- mission here. They were Dr. Robert health in Australia; Dr. Everitt At- kinson, commissioner of public health in West Australia, and Dr. E. Robertson, chief health officer of the state of Victoria, Australia. They are making a tour of model American health organizations under the auspices of the international health board of the Rockefeller foundation. From this city they went to New Haven. Boys’ Deaths by Autos Declared Accidental Bridgeport, Aug. 30 (A—Findings of accidental death are returned by Coroner John J. Phelan today in the cases of two boys killed by auto- Dick, director general of public mobiles—on. in Bridgeport and the other in Norwalk. 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