By Dr. Walter R. Rhodes
Published by Texas Chiropractic Association, 303 International Life Building, Austin, TX 78701.As authorized by the various Boards of Directors of the Texas Chiropractic Association from 1958 to 1977, the idea first being presented to the board by E. L. Bauknight in 1958.
These excerpts are presented for educational purposes.
The courts were in a rather strange position. That the chiropractors hauled into court were guilty of violating the law as it was written was an obvious fact.
But juries often have a way of seeing the injustice in bad laws and when they do all the evidence in the world will only add up to a “not guilty” verdict – and that’s exactly what happened most of the time – but not always.
These were the days when district attorneys would talk with chiropractors, usually after being primed by the medical authorities, promising to indict and charge them with practicing medicine without a license. It was ordinary for the district attorney’s education in health matters to begin anew on the spot. He was told about chiropractic, how it worked, how it differed from the actual practice of medicine, and how the chiropractor deliberately stayed away from overt medical practice.
Many district attorneys – most of them, in fact – bought the story, especially if they had friends or relatives with good personal experiences from a chiropractor. But some did not and arrests were made.
Dr. Byron L. Black had practiced for a while in Utah before settling down in the El Paso area. He is thought to have been the first chiropractor in that area – and times must have been hard. He was indicted and arrested at least twelve times in El Paso and won most of his cases but he served one 30 day prison term for practicing medicine without a license. When released from jail his patients scheduled a parade for him, after which he adjusted patients the whole night through, an event which attracted so much attention he was never bothered again. He went on to practice many years and finally, at retirement, relinquished his practice to his partner, Dr. James L. Stowe, formerly a Waco barber.
These and the days coming immediately ahead (1918 to 1935) were filled with strife, competition, indictment, and trials – and hundreds of mailings. the charge was usually “practicing medicine without a license,” and until 1949, it was always true.
Loosely phrased, the medical practice act, as written by Texas’ Constitution writers, affirms that any act done in the name of health or disease is the practice of medicine. Even a drink of water, a food offered, or advice given pertaining to weight, height, marriage or morals – if done as an act affecting health or disease – is the practice of medicine.
The chiropractors had an entirely new treatment in the adjusting of the spine and its joints, muscles, and nerves. It was a treatment the medical profession did not offer and they never chose to admit the obvious fact that it is a factor in many disease situations. They could not and cannot see the relationship even to this day.
But chiropractors saw it and demonstrated their practical use of it daily in their practices in their ability to help sick people get well. They did not offer medications nor perform surgery and they insisted that these were the practice of medicine, not the giving of the adjustments, which was a new, unique application of treatment.
The chiropractors fervor of his new treatment obviously clashed with existing law. Chiropractors would never be safe until that situation was changed. And the medical doctors saw no reason to change it, viewing their situation as a perfectly happy one.
Three groups of people slowly emerged and their combined efforts were to be crowned with success in 1949 – which was only a distant, hazy, and sometimes doubtful hope in 1921.
The first of these three were the chiropractors who stood up for their rights, viewing the existing medical practice act in Texas as a shameful piece of repressive legislation. They demanded their right to practice chiropractic, demonstrated its beneficial results, and were willing to be jailed for the principle at stake.
Second were the persons benefitted who became alarmed when their chiropractors veracity was doubted. Couldn’t everybody plainly see the good done, they’d say, and they began to exercise their opinions vocally, at the ballot box and in the juror’s seat.
They were quick to see the injustice and exhibit a righteous indignation. They had loved ones who needed chiropractic treatment as much as themselves and they were quick to say so.
Third, and finally, were the state legislators. In this lawmaking body is vested the power to accomplish what is actually in the public good in health matters, and they had to look beyond the limited interests of private parties. The courts themselves could only be parties to injustice as long as the laws the courts were to enforce were unjust. It was to the legislature that the chiropractic cause must eventually be carried.
The legislators had to be shown something they really were disinclined to believe – that the medical opposition to chiropractic was a partisan, selfish and self-serving force. And they finally came to see it with a perfect clarity. They came to know that the chiropractors were not complaining unjustifiably and that the medical opposition was not "scientific” but selfish indeed.
On March 28, 1949, State Senator Dorsey Hardeman wrote a letter to Dr. H. M. Anderson of San Angelo, Texas, the president of the Tom Green Eight County Medical Association. Certain excerpts from that letter show Senator Hardeman’s attitude, which was shared by enough of that legislature to enact the chiropractic licensing act later in the same year. The letter dealt with the Basic Science Bill then being considered but the perceptive reader will not miss the fact that Senator Hardeman was answering unasked questions.
“…I have the very highest regard for the medical profession and appreciate this opportunity of discussing the Basic Science Bill. I am not bearing the torch for any group of practitioners of the healing arts, but am interested only in the public welfare."
“If you study the law herein cited, laying aside all preconceived opinions, I think you will agree with my position. I am sure that any Texas lawyer will gladly show you the law upon request…"
“…I want to join with your association in formulating a wholesome and constructive program, designed for the public good. Let’s get away from the continual fighting among those engaging in practicing the various systems or methods of healing, bearing in mind the provision of our Constitution which plainly states, ‘… but no preference shall ever be given by law to any schools of medicine.’ (Const. Art. 16, Sec 31) The matters herein mentioned, in the light of recent activities of the medical association demand full explanation to the people. It is a well-known fact that during the past several years the political medical dictatorship of the American Medical Association, directed by one Morris Fishbein, has been embroiled in many useless and expensive lawsuits and court-house activities in an effort to eliminate and stifle competition. Such action has not always been conducive towards the improvement in medicine and public health, and virtually all progress in medicine has been made despite the efforts of this political dictatorship. This conduct on the part of the political dictatorship has definitely caused the great and noble medical profession to lose much face with the people during the past several years…"
/s/ Dorsey Hardeman
Dr. Paul Myers case serves to illuminate several of the points Hardeman made in his letter. He had graduated from the National Chiropractic College and eventually opened practice in Wichita Falls on August 26, 1919.
At the end of 1920 his bail bonds totaled $2,500.00 (10 arrests for practicing medicine without a license at $250.00 each bond). His first trial, in which he was represented by the Universal Chiropractic Association lawyer, Tom Morris, resulting in a hung jury.
Another case was set for the first week of January, 1921. Morris couldn’t make it through two postponements and the judge refused to delay the trial any longer. It was finally tried with only a local attorney for defense and Myers was found guilty. He was fined the maximum $500.00 and given 30 days in jail. The case involved an old man who – it was later told to Dr. Myers – was given a suit of clothes for testifying against him. Myers posted an appeals bond and continued practicing in order to get money for his fine and his family’s support for the 30 days he must serve.
Before long a very well educated woman presented herself to Dr. Myers for examination and treatment. Her mannerisms and skilled used of terminology made him suspect she wasn’t really interested in treatment and he asked for the real purpose of her visit. She stated to him that she was sent by the medical authorities to determine if he would leave the sate if all charges against him were dropped, including the one in which he had just been found guilty.
She walked out after Myers told her no one asked him to come and he wasn’t allowing anyone to tell him to leave. Her exact identity was never known.
During the next interval of time, Sibylline Smith, the sheriff’s daughter, came in for adjustments and was well served. Mrs. Cass Tarver, the Wichita Falls jailer’s wife, also came for treatment. Dr. Myers had enough foresight not to charge either of the ladies for his services.
In the normal course of events someone in the district attorney’s office discovered that Dr. Myers had posted an appeals bond but had not appealed the case – since his guilt was open and shut under the law at the time.
His attorney notified him to report to the sheriff for confinement and Dr. Myers reported to the sheriff on a Saturday – because he knew to enter late on a day made it count as a whole day of jail time and, the next day, Sunday, would count as two days.
The sheriff, Fred K. Smith, acting most likely from his daughter’s recommendation, made a trusty of Dr. Myers immediately and let him sleep on the living room couch, which was downstairs from the jail proper. He ate at the sheriff’s family table during the entire jail time. Dr. Myers had the permission of Sheriff Smith to come and go at will by merely keeping his wife, Dora, informed of his whereabouts, but he didn’t take advantage of it so the sheriff could never be faulted by any critic.
The jailer, Cass Tarver, and his wife were most helpful, even assisting Myers in setting up his adjusting table for the benefit of those hardy patients who would trouble to come to the jail for treatment.
Myers had heard about Dr. Byron L. Black’s celebration parade when he was released from jail in El Paso. That sounded very good because he had no desire to spend many 30 day sessions in the county jail, and he thought the psychological effect a public parade would have would be excellent. He lined up several patients who enthusiastically completed the arrangements but Myers himself arranged to pay the band and other expenses.
The patients got a city parade permit well in advance of release day so they couldn’t be thwarted. Several new car owners who were more or less rare in those days, were persuaded to exhibit their fabulous machines in the “Dr. Myers Parade.” Sign painters were engaged and banner signs painted for the sides of each car.
Local celebrities were included as participants, including: Dr. S. A. Black, Dr. T. H. Myers, and Dr. W. E. Nelson of Wichita Falls; Dr. Childress of Burkburnett; and Dr. N. E. Leonard, a woman chiropractor from Electra.
All said they would ride in the parade and each was provided with a new car to ride in with each car’s owner being the driver.
They also arranged for a local hotel, The Kemp, which location is now occupied by the Holiday Inn, to put on a huge buffet luncheon as a parade-end event. Across the hotel entrance was a huge sign, “Welcome Paul L. Myers, Chiropractor."
The effect was that the medical profession and those responsible for Dr. Myers’ arrest and trial, believed he had such a spontaneous outpouring of financial and moral support involving the town’s leading citizenry that it would be unwise to continue such harassment. He was never bothered again.
The parade was 15 blocks in length, and wound all around downtown Wichita Falls. It had one totally unexpected outcome which alone would have made the whole adventure worthwhile. As it went by the U. S. Post Office, where the Internal Revenue Service offices were located, a young lady named Mona asked her co-workers, who were staring out the windows, what the commotion was. She was told it was a parade celebrating the release from jail of the chiropractor, Paul Myers. It was the first time she had ever heard of him, but would not be the last. She married him before long.
In the weeks before the parade Dr. F. A. Black of Wichita Falls had been arrested, and fined $50.00 and sentenced to 1 day in jail. There were others arrested in Wichita Falls and the charges ranged from practicing medicine without a license to malpractice. After the parade the arrests and indictments were effectively ended for all.
Dr. Myers, released from jail in February, 1922, went on to an illustrious career. He served as a member of the original Texas State Board of Chiropractic Examiners in 1943 and was the first chiropractor in Texas to take the full spine x-rays, the 14 x 36 views which became very popular for several years.