dent state west virginia argued decided january statute plaintiff error indicted state circuit preston county unlawfully engaging practice medicine state june without diploma certificate license therefor required physician surgeon called another state treat particular case perform particular surgical operation indictment defendant pleaded guilty jury called state prosecuting attorney defendant attorney agreed upon following statement facts namely defendant engaged practice medicine town newburg preston county time charged indictment engaged since year continuously present time said time enjoyed lucrative practice publicly professing physician prescribing sick appending name letters physician surgeon called another state treat particular case perform particular surgical operation commissioned officer army navy hospital service certificate required section acts leg passed march diploma medical eclectic college cincinnati ohio presented said diploma members board health reside congressional district asked certificate required law retaining said diploma time returned defendant refusal grant certificate asked claimed said college come word defined said board health defendant prevented practicing medicine great injury deprive means supporting family time passage act practicing medicine ten years practicing six aforesaid year facts case upon jury found defendant guilty thereupon moved arrest judgment ground act legislature unconstitutional void far interfered vested right relation practice medicine motion overruled ruling exception taken thereupon sentenced defendant pay fine costs proceedings case taken writ error appeals state judgment affirmed review judgment case brought dent plaintiff error alfred caldwell defendant error justice field stating facts delivered opinion whether indictment upon plaintiff error tried found guilty open objection want sufficient certainty averments question appear raised either trial state presiding justice latter opinion counsel defendant expressly waived objections defects form substance indictment based claim review judgment ground statute west virginia unconstitutional void unconstitutionality asserted consists alleged conflict clause fourteenth amendment declares state shall deprive person life liberty property without due process law denial defendant right practice profession without certificate required constituting deprivation vested right estate profession previously acquired undoubtedly right every citizen follow lawful calling business profession may choose subject restrictions imposed upon persons like age sex condition right may many respects considered distinguishing feature republican institutions vocations open every one like conditions may pursued sources livelihood requiring years study great learning successful prosecution interest sometimes termed acquired right continue often great value possessors arbitrarily taken real personal property thus taken arbitrary deprivation right exercise permitted failure comply conditions imposed state protection society power state provide general welfare people authorizes prescribe regulations judgment secure tend secure consequences ignorance incapacity well deception fraud one means end practice different time immemorial exact many pursuits certain degree skill learning upon community may confidently rely possession generally ascertained upon examination parties competent persons inferred certificate form diploma license institution established instruction subjects scientific otherwise pursuits deal nature extent qualifications required must depend primarily upon judgment state necessity appropriate calling profession attainable reasonable study application objection validity raised stringency difficulty relation calling profession unattainable reasonable study application operate deprive one right pursue lawful vocation professions require careful preparation one seeks enter madicine deal subtle mysterious influences upon health life depend requires knowledge properties vegetable mineral substances human body complicated parts relation well influence upon mind physician must able detect readily presence disease prescribe appropriate remedies removal every one may occasion consult comparatively judge qualifications learning skill possesses reliance must placed upon assurance given license issued authority competent judge respect possesses requisite qualifications due consideration therefore protection society may well induce state exclude practice license found upon examination fully qualified reasons control imposing conditions upon compliance physician allowed practice first instance may call conditions new modes treating disease discovered thorough acquaintance obtained remedial properties vegetable mineral substances accurate knowledge acquired human system agencies affected deemed matter serious discussion knowledge new acquisitions profession time time advances attainments relief sick suffering required continuance practice earnestness plaintiff error insists compelled obtain certificate required prevented continuing practice without deprived right estate profession without due process law perceive nothing statute indicates intention legislature deprive one rights one right practice medicine without necessary qualifications learning skill statute requires whoever assumes offering community services physician possesses learning skill shall present evidence certificate license body designated state competent judge qualifications said one occasion may difficult impossible give terms process law definition embrace every permissible exertion power affecting private rights exclude forbidden come us law england country jurisprudence great extent derived requirement designed secure subject arbitrary action crown place protection law deemed equivalent law land country requirement intended similar effect legislative power secure citizen arbitrary deprivation rights whether relating life liberty property legislation must necessarily vary different objects upon designed operate sufficient purposes case say legislation open charge depriving one rights without due process law general operation upon subjects relates enforceable usual modes established administration government respect kindred matters process proceedings adapted nature case great purpose requirement exclude everything arbitrary capricious legislation affecting rights citizen said yick wo hopkins speaking justice matthews consider nature theory institutions government principles upon supposed rest review history development constrained conclude mean leave room play action purely personal arbitrary power sup see also pennoyer neff davidson new orleans hurtado california sup railroad humes sup nothing arbitrary character provisions statute question applies physicians except may called special case another state imposes conditions readily met made enforceable mode usual kindred matters regular proceedings adapted case authorizes examination applicant board health qualifications evidence diploma reputable medical college school medicine belongs practiced state designated period march proceedings statute unfair unjust action part board refusing certificate doubt remedy found courts state imputation made plaintiff error submit examination board decided diploma presented insufficient cases cummings state missouri wall ex parte garland id upon much reliance placed judgment support contention plaintiff error first cases appeared constitution missouri adopted prescribed oath taken persons holding certain offices trusts following certain pursuits within limits required deny done certain things manifested act word certain desires sympathies oath take embraced distinct affirmations respecting past conduct extending even words desires sympathies every person unable take oath declared incapable holding state office honor trust profit authority officer councilman director trustee manager corporation public private existing thereafter established authority acting professor teacher educational institution common school holding real estate property trust use church religious society congregation every person holding time constitution took effect offices trusts positions mentioned required within days thereafter take oath failed comply requirement declared office trust position ipso facto become vacant person expiration days allowed without taking oath practice attorney counselor law period person competent bishop priest deacon minister elder clergyman religious persuasion sect denomination teach preach solemnize marriages fine imprisonment prescribed punishment holding exercising positions trusts professions functions specified without taking oath false swearing affirmation taking declared perjury punishable imprisonment penitentiary priest roman catholic church indicted circuit missouri convicted crime teaching preaching priest minister religious denomination without first taken oath sentenced pay fine committed jail paid appeal state judgment affirmed case brought error many acts parties obliged purge oath relation fitness pursuits professions designated held oath required means ascertaining whether parties qualified pursuits professions exacted thought acts deserved punishment many way inflicting punishment except depriving parties offices trusts large portion people missouri unable take oath held requirement constitution amounted legislative deprivation rights many acts parties bound deny ever done innocent time committed deprivation right continue offices oath taken held penalty past act violative constitution doctrine case affirmed pierce carskadon wall second case ex parte appeared july congress passed act prescribing oath taken every person elected appointed office honor profit either civil military naval departments government except president entering upon duties office entitled salary emoluments january congress supplemental act extended provisions embrace attorneys counselors courts latter act among things provided passage person admitted attorney counselor bar march bar circuit district claims allowed appear heard virtue previous admission taken subscribed oath prescribed act july oath related past acts object exclude practice courts parties unable affirm done acts specified taken large classes persons held operate legislative decree perpetual exclusion garland admitted bar previous passage act citizen arkansas state passed ordinance secession purported withdraw union another ordinance attached followed state one representatives first lower house afterwards senate congress confederacy member senate time surrender confederate forces armies subsequently received president full pardon offenses committed participation direct implied rebellion produced pardon asked permission continue attorney counselor without taking oath required act january rule adopted clause requiring administration conformity act congress held law exacting oath past conduct condition continuing practice profession imposed penalty past act respect subject objection made clauses constitution missouri therefore invalid nothing decisions supports positions plaintiff error contends determine one enjoyment right preach teach christian religion priest regular church one admitted practice profession law deprived right continue exercise respective professions exaction oath past conduct respecting matters connection professions doctrine plaintiff error contends analogy resemblance constitution missouri act congress question cases designed deprive parties right continue professions past acts past expressions desires sympathies many bearing upon fitness continue professions law west virginia intended secure skill learning profession medicine community might trust confidence receiving license authority state judgment affirmed