OFFICE OFTHEATTORNEY GENERAL OFTEXAS
AUSTIN
Hoaorablr Warrm YoDbnald
County Attorney, Smith County
Mylar, Taxar
Dear Sir:
TOur littar or tuna
latter you rtatb:
*It 18 my info norablr A. S.
Ford, Admlnlr-
, in a written
of thla &at*’
01 Act, l4mr44
a oitizrn of
on also rtator ‘that
Stat* of Taxam ad
omation that thr Forty-
04 tha Tuas Liquor Con-
amonelmnt prwld4s that
'wk'~r opinion on th4 Madloal Pra4tioe Aot
as azendod by thr Portr-Sixth L4&irlatur4, you
ruled. t&t the raquiraent of oltltaluhlp for
th4 praotloo or ndlolnr ln Texar la unoonrtitu-
tlonal, and in that opinion, raid that 'the o0urt4
bnrr 44tabll4h4b the r&htr oi rerld*nt alien8 to
lngqe In lawful 00oUpatiOnr to th4 sank0 lXtOt
a 8o ltlzen8.* Ia other worda, your oplnlon iml-
idato that esotlon of the Modloal Praotioo~Aot
Hon. Warran YoDonald, rag4 2
that propo66d to rsrtrlot the practios of medicin
In Taxa to cltlzsnr .
*The ?orty-Sixth Laglslatura also anactbd a
law knowa a6 the Corunrtology Act, tha purpose of
which wae to restrict aliens from practloing beauty
oultura In Taxact, and you bald the anti-alien
clause uncon8tlt.ctlonal.
*It oeour6 to me that thora 16 a cmfllot
la the opinion a6 glran to Hoaorabla Bert Ford,
AiWnl8trator of the Texa.e Liquor
- _ Control
-- Board
_
by Sionoe!$a A. 5. Rollins on r arutw,y 23, am
your opinion on th4 amaadad Madfoal F-ractice Act
and your oplnlon on the antl-alien clause of th6
co6lAdi01og~ &au.
"Ia ~1s~ OS your oplnlons on tha la6t two
mattOr6 to whloh rri4rrnos ha6 b4en nuide, I will
thank you If JOU ail1 kindly advlsa:
“(a) V the Rolll~* oplclon 18 to be
r011a6d, and
'(b) It thr provl6lon In tha Tsxas Llquor
Control Aot, protldlng that a paalt to #a&l beer
In the Stat4 of T6xa6 oannot br granted to a
person unlur *aid prnon 16 a 'taxpaying oltltsn
or the Unlt6b matar' 16 con6titutScnal.*
You 64~ to plao6 phyrlolarur, co6m4tologl6t6 and
dl8pansaru 01 llquoti In the mm olaue,.and bare your
inquiry on that ola6slfloation. 'se cannot ooneur ln
your 666ming ola66lfio6tloa, but must anter a moat rlg-
Orou6 prQte6t.
The ooamrtologlat, the handmaidan of Venur, ha8 ohaer-
fully antared u?on that ch6116agix& ta6k of imgmvisg that
which almad approach46 perfeCtIon, the appearance of Tsxas
noaanhood. The oosm4tologllrt therrrora munt bo olassed c6
tha lmprorrr of womankind.
~h4 p4~lclan, the dl8olpl4 ot Aa6oulapiu6, has throughout
r6cord6d history been the nlnl6t6P Of healing. It 16 ordain-
ed that the phynlolan not onlf:iPtroduces YOU into 4OQlOtY.
but presidar at the thrre grsat 4vaats in your progr466 fzmi
tha nmdla ta tha crava. #ban that lalntly soul gladly Want
Hon. Warren McDonald, page 3
dowa into th4 Valley oi th4 shadan OS death in oraar that
6ha s&ht triumphantly amerge, bringing you In her arm,
she found the physician them to aid and cozrort her, and
his certiricata placed upon the public records is y0ur ganesis.
UuQar GUI praaent statutra, if you be 4 loyal citizsn ot
Tatae, It is the certifioato of the physician that uhlocke
to you the dOOr through whlah you enter holy wsdlock. Whoa
your course hea been ND and you ara about to make pur exit
through the western window of life, it 1~ his certiiicate
that eetiras f0r your m0rtal ramaina its last reeting place,
and certlfiee your epirit's passage over the river Styx.
Even in ancient time it waa stated: Wedicine does
not consider the interest of 5IediCin6, but the Interest of
the body.= If, according to tha Saconian proverb, *A healthy
body is the tabernacle, but a aiokly one tha prison of tha
BoUl," then why are not the phySiCi4XIe the emanclpatorr of
ths 6OU16 Of mSn? That group OS m6n U4dlcatsU to tha heal-
ing ol the illa of humankind and aakw more tolerable human
axistance, to the axtrnt of that dedication, am follower6
of the Great Physician. So devoted I6 the true phyelclen
to the challbnglng task 0r rsl.ieriag mrrsrlng,
so absorbed is he in that tabk, that In 411 duo rerermoe
it mar be raid 0r klm that "R4 aara4I others, but glpsm
Ee cannot 6av4.a
In halting and inabsquats wDrd6 we have undsrt4koa the
olaasirlcation of the cosm4tologiat aa the physician.
What Of th@ bUBinOB6 Of ,diSpMSil@ iiqUOrU? my that
busiaess be placed in the 8m6 Cla66 with th4 imp2'OV4rS
and healers or mankind? Does It tiprove or heal? In not
that busln66s and activity ths very antitheSiS OF iapl'OVO-
aent and heeling? IS tha rI&ht to an&age in that bUSin
one of the priVil4ge6 axld iIEUunitias Of OitiZ4l36hiP? liar
th4 State grant the prlriUg4 to Sal1 liquor to 0~14 CL%**
and deny It to another? Uay auyona dlel~.~~
ee e r%ht the
pririlsgc to aall liquor at any tlm or at any plao4?
Bar: then my that buBineBB be compared with th4 result6
obtained by the COBONtOl~iBt and the physician, the i=Prot-
ers a& the he8hr8? So far apart are these #et it -jr b4
aaid that the gulr separating them Is as far aa tlm Baat i*
from th4 Wast, end ae’er tha twain shall meet.
Eon. Warrea &Donald, pag4 L
The authorltlre lame nc doubt as to the correct answer
t0 these qU46tiOM.
*The right to 8411 iatOXiC4tillg liquor6 16
not one of the prlrileger or lnmnitles or a
cltlzan of tht United States, nor an inherent
right of Cit 1zenBhlp. Ths entlra business or
?nanufacturlng and selling intoxicating liquor6
is completely within the control cf the state;
and there is nothing in the Ccrmtitutlon of the
United States to prevect it from regulating and
restr&ining the trafiic, or iron prohlblt.1~ it
altogether. Thus the stats nay grant to one clase
the privilege to ~411 liquor, snd deny it to
another class; or it may restrict tha right to
obtain licenses for the ml.4 of lntoxloatlng
llqUOr6 to the male inhabitants ot the state."
6 Ruling Case Law, p. 285.
"Th4 msrlts or the present controversy till
be ascertained by the application (d sound prlncl-
;;;;6uadsr the guidance of authorltatlre adjudloa-
The habit Or ~llkMM66, and t& evils
att&at upon It, have always received a OOn6idar-
able degree Or attention from the lamaklag power.
V&on we conalder the proverby, aisery, nila and
WntChadM66 which lntoxioation entails upon its
unhappy ticfilms; md the u~p46k6~le ~046 nhlch
must be endured by he~plesr and lnqpcent bai456
dependent upon thsla; and also the frsquant crimes
and disorders produmd by the seme cause -- we may
a4ssur4 in SOPLO awgre4, the necwsfty ror a leg-
lslatlre rezaedy, ii oae can be round. Rew
consideration connected wlth tbe public welfare
iapsratftrly demands it. It is a duty which the
Legislature cannot evada. Their power over the
whole subject under the Cormttitution of this state
cannot at this day bs questloned. They may pro-
hibit the eale 0r spirituous liquors sntlraly ii
they see fit to do so; or they msy restrict it
j.nany manner which their dlSOr4tlCU my dlctatb.
NO one can @lab a6 a right the powsr to 64118
either at any tl*e or at any place or in any quan-
tity. t( hragresser vs. Gray, 9 L. 6. A. 780.
- . .
Hon. Warren XcDcnald, pege 5
"The right to sell lntoxicatlngllquuors,
80 far as such a right exista, is not one of the
rights growlingout of citizenshipcf the Un:ted
States.'* Barteneyer vs. Io%a, 21 L. EC. 924.
?fetherefore answer your inquiry that Cpinlcn
No. C-3L2 sh:uld be follov~eC,and that such opinion Is
not in conflict with the Constitutionof the United
states.
Yocre very truly
XMORNEY GOJFRAL 9? TZi'S
BY A. S. Rollins
Assistant
ASR:pbp
APFRCVED nz u, 1939
W. F. YDOEE
FI?ST ASSISTANT
ATTORNEYGENERAL AFFWZD
OFIXIC6 C!XfMITTEE
Untitled Texas Attorney General Opinion
Combined Opinion