Hayman v. City of Galveston, 273 U.S. 414 (1927)

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Hayman v. City of Galveston

No. 15

Submitted January 21, 1927
Decided February 21, 1927
273 U.S. 414

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

Syllabus

1. Quaere whether, in the circumstances mentioned in the opinion, a regulation by a municipal hospital board excluding osteopathic physicians from practicing in the hospital was action by the state in the sense of the Fourteenth Amendment? P. 416.

2. A person not claiming to be a citizen of the state, or of the United States, but having the right under the state law to practice his profession of osteopathic physician is not deprived of rights under the federal Constitution -- the Privileges and Immunities Clause, and the Due Process and Equal Protection clauses of the Fourteenth Amendment -- by a regulation excluding osteopaths from practicing in a hospital maintained by the state and its municipality partly for the instruction of medical students attending the state university. P. 416.

3. In Art. XVI, § 31, of the Constitution of Texas, the limitation that "no preference shall ever be given by law to any schools of medicine" is directed only to qualifications for admission to practice. P. 417.

Affirmed.

Appeal from a decree dismissing for want of equity a bill to enjoin the respondents from excluding appellant, or other osteopathic physicians, from practicing their profession in the hospital maintained by the City of Galveston and from denying admission to patients who wish to be treated by appellant or other osteopathic physicians.