Los Angeles herald. [microfilm reel], December 29, 1906, Page 5, Image 5

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

Image provided by: University of California, Riverside; Riverside, CA

                
OUR HATCH* ORD i "First, last and all th* time, a business la every respect b«y«ad reproach."
Metropolitan Life Insurance Co.
* - [INCORPORATED BY THE STATE OF NEW YORK, STOCK COMPANY]
"The Company OF the People, BY the People, FOR the People/
Review of 1906 and Announcement for 1907
) . Bulletin No. 473.— New Y«rk. December Bth. 1006
To the Field Force.
GENTLEMEN: premium income has been falling for some years; this year the same age. It follows from this large increase of benefits for 5 Our new policies will be found most atractive In form anfl
„,,„., . «h« r.h mma . Tt,H ™in ™Jh „.„ think hv ,hr. cents that hereafter no policy will be Issued under the infantile even more attractive In substance. They contain all of the ad-
ltI It is our custom to address you each year at the time of our reduction has been phenomenal and will reach, we think, by the tab]eg for g J™Jj 1 ,,. 0 mlu 1 m o f morp than 5 cents. And to meet a vantages and concessions which wo can afford to give and which
annual Superintendents' Convention. Usually this Is held about en <l °' the year, 3 per cent! This alone means a saving of nearly (leS | re fl)r ] eRR insurance, especially ln large families, we have a the public have a right to expect. The surrender values will be
the middle of January and the tonlo of tho Bulletin ls naturally ° ne an «i a half millions of dollars! We shall show a lower ratio of table with proportionate benefits for a weekly premium of 3 cents, foundito be generous and take the optional forms of extended ln-
the minnie or January, and the topic of the Bulletin is naturally enße for 1906 than has been experlenced by any industrial com- Our adult tables show an Increase of benefits for the same surance, paid-up Insurance and cash. They are the standard forms
the annual statement of the company. This year the supcrlnten- premium based strictly upon our tables of mortality. At age ten of the New York department, the work of experts which has legls-
dents meet in convention the middle of December, and obviously »•"•*•" "'» *»«••"• , , „ , . .... v the Increase Is 12% per cent over our present life table and nearly latlve approval. They are as plain to the understanding as they
the record of the year Is not made up, and it would be premature f t One other element goes Into the construction of tables of bone- „ per cent oyer QUr lncrcaslnK llfe and endowment table. At age can be made. We have discontinued many plans as unnecessary.
ln aot / »h fh . „_*- „- thn _ nmntin v ln hualnPßH and finances fits; and that Is the maturity of the policies. When we made up 20 the Increase is over 9 per cent and over 23 per cent respectively; We shall Issue ordinary life, limited payment, endowment and
to set forth the Progrcs of the company in its business and finances. convinced that the public was enamoured at age thirty the increase Is nearly 6 per cent and nearly 20 per cent term plans; and we have applied for permission and hope to issue
We shall have something very pleasant to say to you before we ' . . - „ .„„.,... h ,,.i no __ hDa hoon ,„„.„„, fnr tf>n respectively; at age forty the increase Is 2 per cent and over 13 In addition three plans which the public have stamped with their
close about what you have accomplished; but our Immediate object of endowments. Our Industrial business has been Issued for ten ppr \ eM r * spectlv * lyi an so on . And ln comparing these tables approval— namely, the optional life or endowment, under a new
<* to tell yon nhnut our nlnns for next year years, as you know, mainly upon endowment tables— lncreasing wltn our present whole life tables (and with those of most of the name, the modified endowment with life option; the guaranteed
is 10 »v you nuuui. our pirn »mr next jt«y, J(fe and endowment po || c |es and twenty-year endowments form- other industrial companies) It must not be forgotten that these old dividend, also under a new and more descriptive name, the guaran-
lINDUSTRIALI INDUSTRIAL DEPARTMENT. Ing a very large proportion, In some years over 90 per cent of our tables provide for payment of premium during the whole of life, teed Increased endowment; and the reduced premium life under Its
INDUSTRIAL DEPARTMENT. Ing a very large proportion, in some years over 90 per cent or our whUe oup ment of premlums ceases at age 76. new name, life with reduced premium after twenty.yars.
You have known from numerous addresses both oral and business. One disadvantage of this table has been that it polices , increased the immediate benefits under all of these Qontlempn we are entitled to say that the Armstrong investhra- •
You have known from numerous addresses, both oral and , , increased the reserve. Our children's increasing life and policies In accordance with the rule we made retroactive this year. t , °^ of thl mrth^BMd orates o"th^MetrS-
written, what our ambition has been for years in the industrial endowment poUcleB have nepn endowments payable after periods to half-benefits during the first six months and full benefits there- polltan Llfe Tne Armstrong laws are In many respects a distinct
part of our business. You will bear us witness that our treat- of 47 years and upwards acCo rdlng to age a Issue. Compared with after . f . ... „ - „, „„,„ „„„ f«t,,,-« i n recognition of the work we have done together these many years,
ment of the policy holders has been one of progressive liberality .. . . ... .r. ,_. upd hv otnpr companies these have made the Wo na .ve Introduced Into all of these policies new features in See that you appreciate this fact to the utmost. Show that you do
ever since the present administration of the company began. The nece the accumulfltlon nfan lncrea!(e „, many mllllonB of dol . %££%£ Kid SlwlE \m3^SSS^ be Iranteo. arter P^'ttge^^
very first year of its incumbency paid-up policles-theretofore un- ]ars ,n, n reserve Unthlnkln(? pergons come to the conclusion that three years at the option of the holder; and cash surrenders will Kakensf less Ixptnse, at a^rearer^retum to ! policy holders
known to industrial insurance in this country— were announced; th| „ h , tn fth comnnnv foreettlne that along with be pald a . ft n £ en years> Tne Policies will be in new and attractive than you have ever done- L | ve up to your blessings! Show that
and every year since then something has been done for industrial !.! ,n C rease of assets runV the Terete offiabmies and that the '? rmS> W ' th 'I™ PBg^ L"?^ Jht-^thS £& nold^rs so Slain you a PPredate the reward which the legislature has conferred upon
.. ;■» •, -'i ''n <i i t. ii ii lne increase or assets runs me increase or uaDiiuies, ana mat me o f the concessions, making the rights of the policy noiaers so pin.ni VOIIP L r nri (i wnrir nf th« not! Mnkn mn7 tho irrenteat hM>mi» th«
policy holders beyond any promise made in the policies. Bulletin weaUh of a com any consists ,n, n its pi US . and completely over- that any one will be able to tell what he Is entitled to. And the & year in the comp|ny ? s hl ?ory " neatest because the
No. 195 set forth these concessions and bounties up to its date and ]ook , the remarkable fact that we nave deliberately kept down whole contract will be expressed In the policy, doing away entirely ' %':
since then the successive years have been marked by progressive our surplus to about 10 per cent of our assets by annual dlstrlbu- with the necessity » f 0 » c ~P^»f c^»^ l^ l ° n lVl^-| ll | e t J 1 p « THIS YEAR. 1906. .
gifts and beneflts offered to policy holders; and this year the com- tlons of the excess of surplus earned to the policy holders who con- polic.ls under *300. pOllcleS Wh ' Ch We a<J ° Pted m&ny yea ™ a *° You have started well. Last year, the year of the investigate,
pany has been disbursing the enormous sum of about two millions tributed to It. Public opinion has changed and now cares more p d l d You largest business we had ever done The first part of this
of dollars in voluntary dividends upon non-participating industrial for death beneflta than endowments. We are in business to please ORDINARY DEPARTMENT. year the paralysis which seemed, unreasonably and unnecessarily,
policies; bringing the total amount of unpromlsed dividends ln the pub n c . We have a good deal of evidence that ordinary life and One of the most striking results of the Armstrong investigation <,° have fa »en u P°n the business In general, appeared to have af-
twelve years to about ten millions of dollars to industrial policy lim|ted payment I)fe contracts are thought preferable to endow- was the adoption of a provision restricting expenses for the first fected even y°u--fven more unrewonably and unnecessarily Find-
holders in the form of dividends on premiums, dividends on death ment(J . We have resolved therefore to dlscon P tlnue our incrcaslng V-r oMhe life of the^±J^^£^*^££* BsJft&S± 7^^-
claims and Increases of benefits upon existing policies. llfe and endowment policies, which were designed to meet the pub- f^ th" n, wspmcr discussion , at the time of the adoption of the over the country; pointed out to you the facts and conclusions of
We have been enabled to accomplish this work all these years llc demand formerly existing, and which were, we believe, the report and bills, that this restriction by law was justified by the the Armstrong inquiry and the results as embodied in legislation;
by steady improvements in business methods, by steady extensions flrBt tables ever really scientifically constructed for industrial poll- experience of this company in the matter of expense as shown by -hawed you^ the essent l,u approval we had 'received^ our^work
of business territory, by steady additions to insurance in force, by cles Our new industrial policies will therefore be whole life con- «£ S^n" «°ilm"f W^hin J^Hm U pres'cAbed' by" meTe^uS rem\Cder P oY\he n yea? n by a ma kin gg U the "eTre^^yo^'Sa'd'eve?
watchfulness in writing and taking care of business, resulting in tracts . But we thlnk that as to these there are slgns of a be , |c( But m? statute is a penal one and we cannot run any risk of over- made. This was in May and June. It would be most ungrateful
a decreasing death rate, decreasing lapse rate and decreasing ex- on he part of the public that payment of premiums ought to cease running the limit of expense. This necessitates a reduction of com- n °t to make this public and general acknowledgment of your re-
pense rate. These improvements we haye announced to you wlth old age . It ,8, 8 hard fOP people to see what to any mathematl . missions but the This yorhfs^ers^na^hankTand eSWr offl^U?kn^leS«SrhS
from year to year; but perhaps from this very faot-thelr gradual, olan , a self-evident, that in life insurance the companies are enabled "omnany w^M not i«s™e after \ul year any other than non-partlci- year is not yet ended and we cannot therefore tell the whole story,
steady progresslveness— you have failed to grasp their full sig- to pay the policies In full on lives of those who die soon after in- pating policies. In fact, in the true sense of the term we have not But for the months July to November, inclusive, compared with
nlficance. Yet year by year we have told you our aim— to reduce surance only by the receipt of premiums from those who live out issued any other for nearly fifteen years; for, as we have often ex- the same months of previous years:
expenses, to improve the death rate, to better the policies, to d.s- and beyond thelr expectations; and that the apparent hardship «■ comp^ny"^ X&FSZFITStfSFffiF lnCreaBe Whlch «-
tribute the surplus, so that euch year a larger proportionate amount upon those who live long is only the contribution to the unfortunate earned, were expected to be derived- from the mortality. These The agents wrote the largest amount of industrial business,
could be returned to policy holders and a smaller proportionate which is the essential basis of life insurance. However, it is possl- policies were entirely novel and we had little experience to guide average per man, of any of the last ten years,
amount used in expenses. ble of course to make tables for limited payments, and the problem us. The intermediate policies were based upon our Industrial table The average increase per man was larger than for any of the
Within the last few years our disbursements for death claims „ therefore to fix an age that shall not be so young as to raise the £ r ??^£ y a *^a7ZteW rno^amy The ESo'of lapses was the third lowest for ten years past,
have been so continuously and markedly less In proportion- to in- premiums or (what Is the same in industrial insurance where the o ( such a class could not be foretold. The special class policies The number of transferred accounts was the lowest for eight
: come and our improvements in ratio of expenses shown so steady unit is the premium and not the amount of insurance) to reduce were for sub-standard risks as to which the mortality could not years, notwithstanding the larger force of men with which we
an improvement, that we thought the time had 'come, to make a the benefits unduly; and on the other hand to fix the age not so old j>e accurat ely Predicted^ t^gain 'tromtuch°Lvvo^nt inVo^ started and the larger reduction in the force we haVe made thin
scientific resurvey, so to speak, of the technical features of the that the benefits of the limits of payment of premium shall be lost. taiuy ° OVP 'unexpected' as should be actually experienced. As The collections were the best in the history of the company! v
v business. We have made investigations into our mortality, and We have fixed age 75 as the limit of payment of premiums because participating policies are based upon a higher or so-called mutual The death claims reached the lowest ratio for the last twenty-
drawn off Into various periods our experience of mortality. 1 The a that age we are enabled to only slightly reduce the benefits dur- loading out of which dividends are expected to be earned, we claim five years — notwithstanding the Increased average age of the policy
mortality tables upon which our present tables are founded were ,ng life and because we have not received many complaints of the th£ ou. *g%^p^j^-^&^ J^aS?^ **$£ special salary to agents averaged the largest amount in the
taken from the experience of 1890-1894. A comparison of this with necessity of paying premiums up to that age. And to the occasional po n c ies in the ordinary department were by their terms non-parti- last ten years; and yet we saved $100,000 In the total compared
; . tables taken from the experience of other periods has shown a j complaint that "people never live to such old age," we may answer cipatlng. The law has justified us in the principles we adopted flf- with last year.
steady improvement in mortality. In the case of children the re- that in 1906 we shall have voluntarily, as matter of grace, paid teen years ago, and today the Armstrong laws and the similar The saving in total cost in these items alone, medical fees (be-
' -' «m <« rnniiv stnrtHne- Take for Inutnncp nire two uptl hlrfhrlnv about 2700 claims as endowments on policies issued as whole life ones prepared for other states are a vindication of the Metropolitan cause of a reduction in number of applications), assistants' salaries
, suit is reauy startling. ±a.K.e ior instance, age two next Dirtnaay. Qn sons reachln age 80 after paying premiums for 16 years or principles in which you have been trained. We have now an ex- and special salary, was at the rate of a million dollars a year. ,
Our present table shows 49.3 deaths per thousand; a table 1896-1906 over *, perienee of .intermediate and special class risk* which enable us to We may add that the Pacific Coast kept up with the procession
shows but 36.9; age three the figures are respectively 32 and 24.3; Constructing a table of benefits upon these four principles prepare non-participating tables. The tables of premiums as to by the remarkable feat of covering for the year the enormous lapse
age five 16 and 9.8; age ten 6.5 and 3.8, and this improvement runs whole life instead of endowments; our recent mortality experience these policies have heretofore been completely readjusted. We think caused by the earthquake and is certain to close the year with a
( h. .,, thp ,f ,tiie tnhl<> An to adult* there, i* nl«n n mnrirori instead of our old; a loading proportioned to our reduced expenses; you will find them most attractive. , handsome increase. .
througn me mrantiie taoie. as to aauits mere la also a marked and the payment of premiums ceasing after age 76— we shall put We realize that we shall henceforth have more competition In In the ordinary department September about equaled Septem-
improvement. forth for 1807 new tables in the industrial department which are non-participating policies. Other companies have announced their ber of last year, while October and November largely exceeded
These facts convince us that the time has come to con- better than any company has heretofore issued and better than we purpose to restrict their issue to this form. We have therefore the corresponding months of last year, and December promises to
struct new tables of benefits founded upon our experience of 1896- have ever before this felt it safe to issue. ' thought it In your interest as well as our own and in the interest be a record breaker! •_
struct new tames oinenen rounaea upon our experience or 1896- The most strlk , change is in the infantile table, because of the public, which is superior to both, to use a part of the reduc- And taking the last six months for comparison— June to No-
1 905, and we are confirmed in our conviction by the fact that a there we substitute life tables with payment of premiums limited tion of commission to effect some reduction of premium. New vember, inclusive— you wrote more ordinary than ever was written
table drawn from the years 1901-1905 shows, a better experience to age 75 for our comparatively short increasing endowment tables tables have been prepared which we think will be attractive to our by the company In the corresponding months and exceeded 1905
than that of the full decide. And It seems to us just to base these now in use; and are therefore enabled to pay in benefits what we customers and which therefore will be profitable to you. In ad- by over six millions and a half; and this it must be remembered
tables UDon the exnerience of white lives- and to clve hpnpfita have been compelled to hold as reserve liability upon the endow- justing these commissions we have thought it only just to restore by more than 3000 less men!
tables upon tne experience "ignite lives, ana to give benefits ment featureSg to the superintendents an interest In them which we were com- We are proud of this record and we are grateful to you for
based upon the imprrrww»ent which we feel certain is permanent. Our new infantile tables will pay nearly as much in death pelled to withdraw a few years ago and which you remember the your generous response. We cannot say more than to wish for you I
How great this improvement is we illustrate by a few figures com- benefits for a weekly premium of 5 cents as we have heretofore vice president promised at the time to restore when. we should be and yours the happiest and most prosperous year of your lives ln
paring the table upon which our present benefits are based with a aid for a week 'y premium of 10 cents. It is of course understood able to arrange it. And we have also recognized the good work of 1907! ;
tahle of -white lives for the last ten vrare T)eath« r,«- ♦»,„„ mn j. that the law fixes a maximum of benefits payable upon children assistant superintendents by giving them an interest in the work Very sincerely yours,
table of white lives for the last ten years. Deaths per thousand: and tnis we cannot exceed. We have therefore Increased the bene- of their agents. We realize that the duties of superintendents and
Age two next birthday 49.3 reduced to 3/.7; age three 32 to 22.5; fits at the later ages for persistence. Thus at age two at entry assistants Include the instruction and training of industrial agents _^
age four 21.5 to 13.2; age five 16 to 9.5; age ten 5.5 to 3.4; age the benefit in case of death at age nine is $173, while the benefit In the work of the ordinary department. We want all of our agents g-± I* -•-» 13 LI AfTOtYirt ■«-%
t wenty 10 sto 7.1: age thirty 15 7to 11. 1- a«re forty 19 to 14 •? at a^ e three at entry dying at age nine is $169, and the benefit at to be all-around Insurance men. Our superintendents and assist- I \JxHI XV* -H-L/JZwllld-ll
twenty lu - 6 to '•}' age B1"™*";'B 1 "™*";' to 111, age rorty l».d to 14.3. ago four at entry dying at age nine is $165, and so on This is a ants have imposed upon them as a duty the supervision, the con- *J •ft*'"*"'"
The other element besides mortality involved in a table of benefits recognition of the additional years for which premiums have-been slant help and encouragement and the education of their agents. _> . .
Is of course the expense. As you know, our ratio of expense to paid by those entering at earlier ages when death occurs at the We have made it an Interest as well as a duty. \ . I resident
MAYOR DEMANDS
READ'S RETENTION
VETOES ORDINANCE OUSTING
GAS INSPECTOR
Declares That Official Oversight of
Gas Companies la Valuable and
Necessary to the Com
munity
Mayor McAleer has vetoed the meas
ure recently passed which does away
with the office of gus and gas meter
inspector.
R. Cabell Read, who held the office.,
recently made his annual report after
frequent prodding by certain council
men and In that document he gave
reasons why his office was valuably
to the community. Several councilmen
were after his scalp and he knew It.
In his message yesterday the mayor
repeats the suggestions contained in
the Read document.
Read has retained counsel and will
fight for retention of his office. In
i lie meantime the council will deter
mine whether It wishes to Insist on
ousting the Inspector despite the exec
utive's veto.
Mr. McAleer Is known to be friendly
to Reud. The latter sayß the Impres
nion that fees from the Inspection ot
meters were intended to maintain the
office is wrong. The value of inspec
tion comes from the fact thut such a
poallion acts aH a deterrent to tlu? hhs
ompanles when they are laellned to
illmliilah the lighting und beating power
of their product.
The Mayor's Message
The veto message, which will be
submitted at Monday's session, is as
follows:
turn herewith, without by up
proval, an ordinance entitled 'An ordl
rcgulatlng tlio Bale of gas and
electric light and Uiu Inspection of gas
and electric meters and the charge for
telephones and telephone service and
connections.'
"i am firmly of the opinion that a
gas and meter inspector is a necessary
officer In the city government, and that
so far from abolishing the office, the
powers and duties of the Inspector
should be increased, and that additional
provisions should be made by ordinance
for the better regulation of gas service
in this city.
"In this connection I beg to call your
attention to the annual report of the
gas and gas meter inspector and the
recommendations that he made therein
relative to amendments to the existing
ordinances regulating the sale and use
of gas.
Inspector's Recommendations
"The gas and gas meter inspector
recommends, and I most heartily con
cur with him, that the ordinances reg
ulating the sale and use of gas in this
city be amended so us to cover the
following points:
"1. Providing for the maintenance of
a continuous, regular and uniform gas
service with governed pressure ln the
consumers' pipes of not less than one
inch nor more than three inches. water
pressure, with adequate penalty for
non-fulfillment.
•"i. Providing for a minimum Illum
inating power of 20 candles and a mini
mum heat value of 650 B. T. U., with
proper penalty for non-compliance.
"3. Providing that the purity of the
gas be such that it contains not more
than 20 grains of total sulphur and 5
grains of ammonia in ail forms in 100
cubic feet, and that there be no sul
phuretted hydrogen present, with prop
er penatly for violation.
"4. Providing compulsory testing of
all meters before being put into service
by any company, at the company's ex
pense, and the testing of meters pn
complaint of either customer or com
pany, at the fees before mentioned, und
providing that It Bhall be unlawful tor
anyone to place or keep a meter ln serv
ice which has been tested and found
Inoorreot; a meter to be deemed correct
when It Is not more than 3 per cent fast
or slow when working at its regular
capacity,
Seeks Regulation
"It was deemed necessary by your hon
orable body to pass an ordinance under
provisions conferred upon the city by Its
charter, u> regulate the sale and use of
gas und provide far tho inspection
1 did not agree to the ordl
nance because I thought the require
imsntß for the duality of the gas, to be
LOS ANGELES HERALD: SATURDAY MORNING. DECEMBER 29, 1908.
furnished were not sufficient, but upon
the general principle of gas regulation
I am thoroughly in accord with any
ordinance which seeks to attain that
end.
"I am convinced that the city charter
contemplates that the sale and use of
gas shall be regulated and that the In
spection thereof shall be provided for
by ordinances, for the charter expressly
empowers the city to do those things.
And if the charter did not, there is on
the statute books a law passed by the
state legislature authorizing and re
quiring the city council of all cities
having a population of more than 100,000
to fix a standard of quality and Illum
inating power of gas, and which law
provides for the office of gas Inspector.
Inspector Needed
"In view of the provisions of the city
charter and of the state law, which
may be operative today unless super
seded by the charter, I am satisfied that
sound public policy requires that the
city of Los Angeles have a gas ai/d gas
meter inspector and thut there be some
officer whose duty It is to enforce the
provisions of our own city ordinances
upon the subject.
"I am of the opinion that other and
further ordinances for- gas regulation
should be adopted ln accordance with
the recommendations of the gas and gas
meter Inspector in his annual report, to
which I have referred.
"I therefore return the ordinance
without my approval for the preserva
tion of the public peace, health and
safety."
BATS GIRL WITH BEEFSTEAK
Waitress Charges Cook with Swatting
Her With a Raw Porter,
house
"He batted me ln the face with a
beefsteak," is the way Mary Flouse
describes how Michael McOrath as
saulted her, and ln consequence she
had a warrant sworn out f-r his urreal
on a charge of buttery.
Michael is a cook ami Mary Is a
waitress. They had a little discussion
in the kitchen of the restaurant wbere
they work the other duy, and Mary
claims Michael acted In an ungentle
iiuiily way toward her.
Michael was greatly incensed when
arrested and pleaded not guilty to the
charge. Ills CAM was set for January
1 2 by Police Justice Rosa, and on that
date he will explain whetner he threw
the beefsteak. ;•--•■<
OSTEOPATHS WIN
GREAT VICTORY
EXAMINING BOARD LAW IS
UNCONSTITUTIONAL
New Los Angeles College Goes to the
Courts to Protest Against Discrim.
(nation — Mandamus Proceed.
ings Bring Decision
By a sweeping decision handed down
yesterday by Judge James of depart
ment 7 of the superior court the law
governing the issuance of certificates
to practice by the state board of ob
teopathlc examiners is declared uncon
stitutional and not worth the paper' it
is written on.
The decision comes as \ the last step
ln a bitter war which has been waged
between the Pacific College of Oste
opathy and the Los Angeles College of
Osteopathy for the past many months,.
The war originated when the Pacific
college sent east for a number of stu- j
dents and instructors with whom they
lntendedI Intended stocking their new college* j
buildings near the county hospital.
The students arrived as per contract, |
but after attending school for a few
days they rebelled and left the Pacific
College of Osteopathy and founded a
new college of their own ln the | Boyle
Heights district, calling It the Los An
geles College of Osteopathy.
Refuse to Recognize School
Twenty-seven graduates were given
diplomas from the institution only to
find that the state board of examiners
refused to recognize the college as a
standard college, although It was reg
ularly incorporated.
That was only the first step, for they
learned that the law of 1901 had given
the board the power of selecting the
colleges to U recognized, which placed
legislative power in the hands of the
members of the board.
It was then charged by the Los An
geles College of Osteopathy that three
members or a controlling number of
the state board of examiners were in
terested in the Pacific College of Oste
opathy and that they were tfelng leg
islated against by these men.
ln that line of argument the Los An
geles college and twenty-seven of its
graduates banded together and filed a
suit for mandamus to compel the state
board to recognize the graduates as
graduates from a good college of oste
opathy and the state board filed a
demurrer to the mandamus proceed
ings on the ground that there was a
misjolnder of parties and corporation
and that therefore the plaintiffs were
entitled to no relief, and Judge James
sustained the demurrer and knocked
out the suit, but in so doing declared
a victory for the plaintifls.
Attacks Constitutionality
According to Judge James' ruling the
state board has no power and any
graduate of a regularly Incorporated
school of osteopathy has a right to
practice without any examination or
certificate of the board for, constitu
tionally, the board has ceased to exist.
During the hearing of the case the
attorneys fought shy of the constitu
tionality of the law, but Judge James
in his decision places the fight between
the two schools as a secondary' con
sideration an* goes directly at the law,
as follows:
"The act of the legislature, under
which the state board of osteopathlc
examiners was appointed, was passed
Iby the legislature in 1901. This act
i provides that said board shall consist of
I five members who shall be qualified
' osteopaths and graduates of legally
' authorized colleges of osteopathy. It
ls then provided:
"Said bpard . shall hold meetings for
examination at the state capital, or at
some regularly conducted . and legally
authorized college of osteopathy within
the state . . . and shall issue a cer
tificate of qualification to all appli
cants having ■ diploma or who pass
the required examinations, as provided
by section i of this act.
"Section 4 of the act provides as fol
lows:
"It shall be unlawful for any person
to practice osteopathy in this state
without ,i license from said board. All
persons practicing osteopathy within
this state prior to the passage of this
act ' and holding a - diploma tram a
legally authorized college of osteopathy
of good repute may be licensed to prac
tice oßtetopathy in this state by sub
mitting to said board of osteopathlc
examiners .such a diploma, and satis
fying such board that they are the
legal holders thereof, or by undergoing
an individual examination in the follow
ing branches, to wit: Anatomy, physi
ology, chemistry, histology, pathology,
gynecology, obstetrics and theory and
practice of osteopathy, and such other
branches as. the board shall deem ad
visable.
"All persons after August 1, 1901, de
siring to commence the practice of os
teopathy in this state shall apply to
said board for a license to do so and
such applicant at the time and place
designated by said board, or at a reg
ular meeting of said board, shall Bub
mit a diploma from a legally incorpor
ated college of osteopathy recognized
by the board of , examiners. Having
complied with the 'requirements of this
act said board shall grant a license to
such applicant to practice osteopathy
ln the state of California, which license
shall be granted by the consent of not
less than three members of said board
and attested by the seal thereof.
No Board Exists
"The real question which at once sug
gests itself, however, upon an exam
ination of the act of the legislature
under discussion here is not one of
technical form merely, but affects the
life, of the act itself. It will be noticed
that by the provisions quoted ln the
foregoing, suosequent to the first day
of August. 1901, there is only one course
prescribed for the applicant for a cer
tificate to practice osteopathy to pur
sue: namely, to present a diploma from
a legally incorporated college of oste
opathy, recognized by the board of
examiners. The act provides nowhere
for any examination of applicants for
certificates who may desire to practice
osteopathy after the first day of Au
gust, 1901; so then, since that date,
every applicant must have possessed
and must possess a diploma from a
legally Incorporated college of osteop
athy, recognized by the board of ex
aminers. No standard is fixed by the
-act determining any form of measure
ment that the board of examiners Bhall
apply ln determining what colleges they
will recognize. A college might be a
'legally incorporated college of oste
opathy"; that . Is, incorporated so far
as legal forms are concerned, but with
a course of • instruction wholly insult!
cicui to educate the students who might
5
attend It In a thorough knowledge of
the science, system or art It Intended
to teach. The act confides to the board
of examiners the right and duty of
determining for itself by what standard
the course of instruction given in any
particular college shall be measured;
it Is left to the judgment alone of the
board of examiners to determine when
they shall recognize a college and when
not, and in this particular is attempted
to be delegated powers which the leg
islature has not the right under the
j?onstitution to confer. The act leaves
it to the board of examiners to legis
late for themselves just what the qual
ifications of a college shall be to entitle
it to be 'recognized" by them. The leg
islature might perhaps have provided
that graduates of a school or college
having a certain prescribed course of
a given number of years and of good
repute should bo admitted by the
board of examiners; this they have not
done; the privilege of taking an ex
umiuution to test his or her proficiency
is also denied the studont by the terms
of the act. The last mentioned ob
jection hits nothing to do, however,
with the main question just discussed.
The act appears to be clearly uncon
stitutional and If this conclusion is
correct the board of examiners have
no functions to perform and therefore
none to be directed by the writ sought.
"The demurrer to the petition will
be sustained and a Judgment of dis
missal ordered."
WOMAN AND BO* INJURED
Scavengers Picking Up Fruit from
Burned Commission Stores Have
Narrow Escapes
Several women and children who
were engaged in picking up fruit whkii
ped the flu i n tie in the fire of com
mission stores at Third and Central
a week ago narrowly escaped seii'
Injury yesterday morning when the
roof "i the West Coast company's stoio
at Ml East Third street fell in.
A Russian woman wub struck by i
beam and a small M>
'I several injuries übout the hi
The beams supporting the roof fell on
top of a burned freight cur and had It
not been for this fact several puntund
might have been killed.
NO 111 I.'
T « Holder* of llrmld Photo Coupon*
Bludlo clows January 5, 1907. All cou
pons must -be presented not later than
Wednesday, January, 2, UNI.