THE DENTISTS' ACT.

Shannon News, 19 February 1926, Page 3

THE DENTISTS' ACT.

POSITION OF UNREGtISTtERiED MEN'. A PRIVATE PROSECUTION. A matter of considerable public interest was mentioned at the Levin Magistrate's Court on Thursday, before Mr J. L. Stout, S.M., when Thomas John Bartholomew was charged that, being an unregistered dentist, he did practice dentistry on 2.lst January, 1926, and also that he held himself out as practicing dentistry. D. S. Mackenzie was also charged that, being a dentist, he did permit T. J. Bartholomew, an .unregistered person, to carry on the practice of dentistry in his name and on his behalf. Mr K. E. Adams appeared for the informant, Mr R. Powell, dentist, of Otaki. Mr H. H. Gornish represented the first-mentioned defendant and Mr A. Free appeared for Mr Mackenzie. " A GENTLEMAN'S, AGREEMENT:" Mr Cornish asked that the cases be; adjourned sine die for 'the reason that there was a. gentleman's agreement between the Dental Association and the unregistered dentists, sanctioned by the Government, under which there was to be no prosecution of unregistered dentists until the finding of a commission to ibe set up this year had been made j known. The Magistrate: What evidence ha-ve you of that? Mr Cornish: I can give, your Worship reports in Hansard and my personal assurance that,it is so. This is a private prosecution and is actuated by nothing more Ihan professional, spleen. It is a breach of that vgentleman's agreement—an undertaking, moreover, which was given expression to by the Prime Minister ,in the House of Representatives. Mr Cornish asked that the case be suspended pending the finding of the Commission. Mr Adams opposed an adjournment. The informant was not a member of the Dental Association and was not governed by any agreement between the Association and the Government. He had a full right to taring the action.

Mr Cornish: It is not an action; it is an information. The Magistrate asked what evidence could .be given to satisfy him in regard to the agreement. \ Mr Cornish quoted Hansard in support of his contentions, but unfortu■nately he had left the newspaper report of the Prime Minister's statement in: Wellington, which would have satisfied his Worship as to the truith of his statements. His Worship: Maybe you could send me the-matter relative to the proposed Commission ? Mr Adams objected to odd passages from Hansard being put in as evidence. The Bench: But, Mr Adams, if the matter has been discussed in the. House and if other unregistered men have been given relief, it seems odd that a non-member of. the Association should bring a private prosecution. Mr Cornish: If your Worship adjourned the case for. a month, I could satisfy you that such a record does exist. Alter reading the Hansard report of a reference to the subject in the House' the Magistrate, said Mr Cornish would have to bring him something further than that. Mr, Cornish saiid he knew .the report did not cover the -whole matter. Mr Adams said his client informed Mm that this agreement was given under an undertaking from members of the Association that they would not continue to break the law iby employing unregistered dentists until the Commission had given its finding. HARDSHIP ON RETURNED SOL-

DIER&. The Magistrate said thai apart from anything else, if a conviction was -entered, the question of fine would have to be considered. The Act provided lor a fine up to £IOO. If there v had ■been an agreement between the Association and the Government that menwho had through their war services been unable to qualify, should be given more time, he might hold that only a nominal fine be imposed. Mr Cornish again suggested an adjournment. The Magistrate said he had to consider the case of a man who by reason of having served his country had been unable to qualify"' and who might thereby be suffering a. hardship. Mr Cornish said this was the very case his Worship contemplated. Defendant was a returned soldier. The Magistrate said it seemed to him that this was a case that the Public Health .Committee had in view when it recommended that suich men should be allowed to practice to the end of 1926. Mr Cornish: That is the-very case we have here to-day. The Magistrate: The best course will be for the case to <be adjourned for a month so that Mr Cornish can supply evidence of the existence of the agreement. Mr Adams applied for costs Mr Powell. Mr Cornish objected as the only expenses was that of Mr Powell in "coming up from Otaki in his foray against Mr Mackenzie." Mr Adams strongly objected to this reference. Mr 'Mackenzie was going down to Otaki and leaving an unqualified man to deal with his practice ait Oltaki'. Mr Ere© protested against this remark. The Magistrate: Let us say "an unregistered- man." The question of costs was reserved until the hearing.