United States Supreme Court Cases & Opinions

U.S. Supreme Court

Missouri ex Rel. Hurwitz v. North, 271 U.S. 40 (1926)

Missouri ex Rel. Hurwitz v. North

No. 209

Submitted March 12, 1926

Decided April 12, 1926

271 U.S. 40

Syllabus

1. A state statute which authorizes a board of health to revoke the license of a physician upon the ground that he has unlawfully produced an abortion, giving him reasonable notice, specification of charge, and opportunity to be heard with his witnesses before the board, with a right of review in the state courts, held valid under the due process and equal protection clauses of the Fourteenth Amendment. Mo.Rev.Stat. § 7336. Pp. 271 U. S. 41-43.

2. Failure of the statute to authorize the board to subpoena witnesses is not an objection, the right to compel their testimony by deposition being granted. P. 271 U. S. 42.

304 Mo. 607 affirmed.

Error to a judgment of the Supreme Court of Missouri which affirmed the state circuit court in sustaining, on certiorari, an order of the Board of Health revoking the license of the plaintiff in error to practice in the state as a physician.