Collins v. Texas - 223 U.S. 288 (1912)
U.S. Supreme Court
Collins v. Texas, 223 U.S. 288 (1912)
Collins v. Texas
Argued January 25, 26, 1912
Decided February 19, 1912
223 U.S. 288
Where the party attacking the constitutionality of a statute has not suffered, the court will not speculate whether others may suffer.
Under its police power, a state may constitutionally prescribe conditions to insure competence in those practicing the healing art in its various branches, including those in which drugs are not administered -- such as osteopathy. Dent v. West Virginia, 129 U. S. 114.
The Texas statute of 1907, establishing a Board of Medical Examiners, and conditions under which persons will be licensed to practice osteopathy, does not deprive one who refuses to apply for a license thereunder of his property without due process of law, or deny him the equal protection of the law.
In this case, the writ of error to review a judgment denying plaintiff in error his release on habeas corpus is not dismissed, but determined on the merits, as the single constitutional question goes to the jurisdiction of the state court, and has arisen as plainly as it ever will. Bailey v. Alabama, 211 U. S. 452, distinguished.
The facts, which involve the constitutionality of certain provisions of the statute of Texas establishing the Board of Medical Examiners, are stated in the opinion.