c .,.. _
OFFICE OF jHE ATTORNEY GENERAL OF TE) publicly profess to be a physician
or surgeon, and to treat or offer to treat d.iseasesor disorders,
both mental and physical, aswell as physical defcrmitles and
injuries, and to effect cures thereof without bei. regarded as
practlclng medicine.
The affect of the subsection of the bill labeled (2)
would, rbe:that a chiropractor engaged in palpating, analyzFng
and adjusting the articulations of the human spins1 column by hand
only may treat, or offer to treat any disease or d~lsorder,mental
or physical, and any physical d~eformityor injury, and to effect
cures thereof and charge.therefor either directly or lndlrectly,
money-or other compensation without being regarded in law as prao-
ticing medicine.
Your attetitlonIs respectfully directed to Article i6,
Section 31; of the Constitution of Texas, providingas follows:. .
"The Legislature may pass laws prescribingthe
aualificatlons of Dractitioners of med,icinein this
state, and.to punish persons for malpractice, but no
~~;~;~shall ever begiven by law to any s=oE
Ii , (Emphasis ours)
The word "medicine" as used in the above referred to
constltutional.provision has been defined by the highest oourts
of our land,as meaning and embracing the art of healing by what-
ever) scientific'or .supposedlgscientific method. The courts have
held that:
"The word .lmedicire'as used in the said.consti-
tutional provision meant the art of preventin?, during
or alleviating diseases,,and of remedying, as far as
possible, results of vlolenoe or accident; the courts
.
C. .- I
Hon. W. A. Williamson, Paye 3
have held that the word, 'med~icine'meant some thing or
some method,supposed to possess curative powers." (See
the case of ex parte Collins, 57 Cr. R., page 2, opinion
by Judge Brooks; affirmed by Supreme Court of Vnitnd
States, 32 S. Ct. 286; and cited,in the late case of
ex parte Halstead, 182 S. W. (2d) 479, by the Court of
Criminal Appeals of Texas).
It is elementary that the Legislature, by the device
of changin,~a definition in the Constitution, cannot amend the
Constitution.
It is our opinion, and you are so advi?ed~,that'
House Bill No. 29 contains provisions which arc:e.x.t;ressly
forbidden by the constitutional provision ci.:,t-.J
a-~r~;re.
A
provision of law providing.that a c,hl.ropractor e-fi~aged
in
palpating, enalyzin-$and adjusting the articulaticns of the
human spinal column by hand only may publicly profees to be
a physician or surgeon and to treat or offer to treac any
disease or disorder, mental or physical, or any physical
deformity or injury and to effect cures thereof, and to
charge therefor and to receive compensation therefc:?,without
sub.jectinghimself to the pains and penaltics pyc~vided. in law
for all others who do the things enumerated in said Article
4510, without previo:X3lyhavirA~3c cmplied with ';:.he
14~ with
reference to those who 80 do, - plainly conztLt~?testhe giving
of a preference by law to a school of medicine.
Such a bill as is House Bill No. 29, w:juldplainly
be void because in sontravention of the Constitution.
.
We retrn herewith House Bill No. 29, which you
sent us, and we thank you for your thoughtfulness in supplying
us with a copy of said bill.
Yours very truly
ATTORNEY GENERAL OF TEXAS
Fy (a) George P. Blackburn
Assistant
GPB:amm:fb
Eno.
APPROVED MAR 8, 1945
(s) Grover Sellers
ATTORNEY GENERAL OF TEXAS ,APPROVEB OPINION COMMITTEE
BY (5) WJF, CHAIRMAN