Whether the State Board of Medical Registration and Examination can recognize an affiliation between two colleges.

In 1 Thompson on Corps., §296, it is stated: "The better view is that the right of an existing cor- poration to the use of its corporate name, which is in the nature of a trade mark, can not be infringed by a subse- quent act of incorporation by the legislature, either by the -direct grant of a charter to a corporation to be organized under a similar name, or through a ministerial officer of the state in granting a certificate of incorporation to a body of adventurers having a similar name. The right of doing wrong and of committing fraud can not, although thus conferred by or under a statute, be of such a sacred character as to be beyond the corrective power of the judi- cial courts." (See also, 7 Thomp. on Corps., §8192; and cases cited in Note 30.) i I Inasmuch as a contrary interpretation might lay the ab6ve statute open to the objection that it deprives citizens of property rights without due process of law, I consider it proper to place such a reasonable construction upon it as will save its constitu- tionality. This may be done by applying it to such corporations, firms, etc., as should thereafter adopt a business title containing the word "trust"; and 1iy excluding those which, prior to its enactment, had built up a business in connection with a corpor- ate name consisting, in part, of this word. If the legislature could thus deprive a banking company of its corporate name, under the guise of its police power, it could with equal propriety deprive the State Life Insurance Company, the State College of Physicians and Surgeons, the State House Build- ing & Loan Institution, and other corporations, of the right to use of the word "State" as an element of their corporate name,' though. this had become an integral part of their title and trade mark in the strictest sense. MEDICAL REGISTRATION AND EXAMINATION, STATE BOARD OF-"AFFILIATION" BETWEEN TWO COL- LEGES, ETC. July 9, 1907. Dr. W. A. Spurgeon, President, Indiana State Board of iMredical Registration and Examination, M tincie, Indiana: Dear Sir-In answer to your inquiry of June 22, 1907, in re- gard to rules of State Board of Medical Registration and Exam- ination and the recognition of the Indiana State University and the State College of Physicians and Surgeons, affiliated as a medical college, I beg to advise that section 7322 Burns' Statutes 1901, provides in part as follows: "The State Board of Medical Registration and Exam- ination shall, from time to time, establish and record, in a record kept by them for that purpose, a schedule of the minimum requirements which must be complied with by applicants for examination for license to practice medi- cine, surgery and obstetrics, before they shall be entitled to receive such license. The said Board shall also, in like manner, establish and cause to be recorded a schedule of the minimum requirements and rules for the recognition of medical colleges so as to keep these requirements up to the average standard of medical education in other states. * * Such record 0 1 shall be printed in circular form, and mailed to all medical colleges in the state." Under this provision the board has the authority to adopt reasonable rules and regulations, uniform in their operation as to the minimum qualifications of persons to be admitted to the practice, and likewise a reasonable schedule of minimum require- ments uniform in its operation, to entitle medical colleges to rec- ognition by such board, and such rules are held to have the prac- tical force and effect of laws. Blue v. Beach, et al., 155 Ind, 121; State, ex rel. Horn, v. Beil, et al., 157 Ind. 25. The board established and caused to be recorded in the proper record, a schedule of the minimum requirements and rules for the recognition of medical colleges in this state, the material portion of which schedule of minimum requirements reads as follows: "After January, 1906, only such medical colleges shall be considered in good standing by the Indiana State Board of Medi- cal Registration and Examination as have: (1) Complied with the requirements of this board hereto- fore in force. (2) And that possess an adequate and competent faculty for teaching medicine, surgery and obstetrics in all theif branches. (3) And that afford their students adequate clinical and hispital facilities. (4) And that embrace in their curriculuni, aiatomy. physi- ology, chemistry, materia medica, therapeutics, medicine. sur-rerv. obstetrics, gynecology, histology, pathology, pediatrics, bacteri- ology, ophthalmology, otology, laryngology, rhinology, derma- tology, physical diagnosis, hygiene and medical jurisprudence. (5) And that require attendance upon at least eighty (8.0) per cent. of each course of instruction. (6) And that give four graded course of instruction in sep- arate calendar years, the aggregate of which amounts to at least 120 weeks of at least 36 hours each; and at least 42 months must have elapsed between the student's matriculation and his gradu- ation. (7) And that require an average grade in each course of in- struction of at least 75 per cent. in examinations as a condition of graduation. (8) And that fulfill all their published promises, requirements and claims respecting advantages to their students and courses of instruction. (9) All medical colleges in good standing with the Indiana State Board of Medical Registration and Examination shall pub- lish annually a catalogue showing the number of matriculants." Since such rules have the force and effect of laws, their con- struction should be governed by the same rules. The first subdivision of §240 Burns' Annotated Indiana Stat- utes, Revision of 1901, reads as follows: "Words and phrases shall be taken in their plain or ordinary and usual sense: but technical words and phra- ses, having peculiar and appropriate meanings in law, shall be understool according to their technical import." Where the language of a statute is plain, there is no room for construction. Cheney v. State ex rel. Risk, 165 Ind. 131. By the express provisons of the rules above quoted it is pro- vided that after January, 1906, only such medical colleges shall be considered in good standing by the board, as have among other things: Rule 2. An adequate and competent faculty for teaching medicine, surgery and obstetrics in all their branches. Rule 4. That embrace in their carriculum (here follows the names of twenty-one branches of medical studies). Rule 6. And that give four graded courses of instruction in separate calendar years, the aggregate of which amount to at least 120 weeks of at least 36 hours each. In addition to the above, the board adopted a rule concerning advanced standing, by which graduates of a recognized university or college of arts or science requiring a four-years course of study as an essential to graduation, might be admitted to the junior year of a medical college recognized by the board; provided such university or college embraced in its curriculum and had adequate equipment for teaching all the subjects taught in the freshman and sophomore years of a medical college in which matriculation was sought, and provided the applicant for advanced standing proved he had completed all the work of the freshman and sopho- more years of the medical course. Rules for the recognition of colleges such as the above, re- quiring a certain course of study, applying uniformly to all col- leges similarly situated, are held to be reasonable. See: Ex parte Gerino (Cal), 66 L. R. A. 249: Iowa Eclectic M5dical College Association v. J. C. Schrader, et al., Board of Medical Examiners, 20 L. R.A. 355; State v. Gravidt, 65 Oh. St., 289; 55 L. R. A. 791. The language of this rule is plain, and there is no room for construction: and a college, to be entitled to recognition, must meet the requirements therein specified. There is no pretense on the part of either the Indiana State Univrsity or the State College of Physicians and Surgeons that either college alone meets these requirements. On page 7 of the Indiana University School of M\'edicine, Regis- ter 1906-07, Announcements, 1907-08. appears this language: "In 1906 the State College of Physicians and Surgeons was organized at Indianapolis by friends of the university. In this affiliated school all the wvrk of the last two years of the medical course is given. Thus in the Indiana Uni- versity School of Medicine and the affiliated State College of Physicians and Surgeons a complete medical course is given covering a period of four years and leading to the degree M. D. The medical degree is conferred by Indiana University oin the grdi-ates from this four-yeamr medieal course. " At page 32 of the State College of Physicians and Surgeons, in affiliation with Indiana University, Indianapolis, Indiana, An- nouncement of 1906, appears this language: 237 "Course of Study.-Work of the Freshman and Sopho- more Years.-This work is given in the laboratories of Indiana University at Bloomington. Each year is nine months long, and is divided into three terms. The follow- ing brief outline shows the extent of the instruction given in the several branches, and indicates the order in which the different courses are to be taken." Section 3424 Burns' Annotated Indiana Statutes, Revision 1901, relating to the consolidation of corporations, reads in part as follows: "That all persons, corporations, companies, and asso- ciations desiring * ' * to enter into any agreement of consolidation of the interests, rights and powers of two or more existing corporations, who are not now required by law to do so, shall be and are hereby required to file with the secretary of state certified copies or duplicates of their articles of incorporation or association or consolidation, and no such * 0 * consolidation of corporations shall be deemed or held to be legally incorporated or consoli- dated until the provisions of this act shall have been com- plied with." It does not appear that any agreement of consolidation was ever entered into between these two schools. I am also informed by qne of the faculty of the State College of Physicians and Surgeons that it graduates pupils who had taken the efreshman and sophomore years in recognized medical colleges, other than in the Indiana State University, in which event the Indiana University -Would have nothing to do with such graduates, and yet they would be graduates of the State College of Physicians and Surgeons. It is my opinion that -the Indiana State University and the State College of Physicians and Surgeons are not one medical college, within the letter, of the rules above quoted, and that they are not one medical college, giving four years graded courses of instruction in separate calendar years; but they constitute two separate institutions giving a two-years' course each, and that inder articles of affiliation between the two schools medical stu- dents are given the freshman and sophomore years at the Indiana State University and the junior and senior years at the State College of Physicians and Surgeons, whereby such students are given a four years medical course. The articles of affiliation between these two schools provide that the board of trustees of the State College of Physicians and Surgeons shall assume the financial management and liability of that institution, but the appointment of trustees shall be subject to ratification by the university; that all faculty appointments in such state college shall be concurred in by the university; the state college delegates to the university the control of educational work of its freshman and sophomore years, subject to the rules of the university and the approval of its trustees; the state college agreeing to provide high grade clinical instruction under the control of the university for all medical students of the university who complete the first two years of medicine at the university, and the university stipulates to grant diplomas to those students recommended for degrees by the state college. I am advised that the character of woik done by each of these institutions is first class and high grade. I am also advised by the Journal of the American Medical Association that what is known as the Rush Medical College, of Chicago, Illinois, is a college affiliated with the University of Chicago, under articles of affiliation exactly like these under con- sideration, and that the junior and sophomore years of the four- years' course of the medical students graduating at the Rush Med- ical College, are given in the Chicago University, and the junior and senior years at Rush Vfedical College: that the West Vir- ginia University, by articles of affiliation, gives the freshman and sophomore years to its medical students at Morgantown, West Virginia, and the junior and senior years at the College of Phy- sicians and Surgeons, in Baltimore, Maryland; and that the plan of affiliation between these two schools is identical with that of the Indiana State University and the State College of Physicians and Surgeons, except that the College of Physicians and Surgeons, at Baltimore is a four-years' course of study. I am also advised that both the Rush Medical College and the West Virginia University, referred to, are schools of the highest standing, and that your honorable board recognizes both of these schools as schools of good standing. There is no rule of courtesy or law of comity between states that would entitle non-resident colleges of this class to recognition over the same class of colleges within the state. and by this course you have interpreted the riles of the board in such manner as to give recognition to affil- iated schools. I am also advised that these affiliated schools are recognized and approved by the American Medical Association. The object and purpose of the legislation above referred to are, and the rules of the board ought to be, to secure efficiency among physicians, and it is my opinion that in view of the high standing of these several affiliated schools, the purpose of the statute and of the rules is fully met by these several institutions. In the journal above referred to, I have had the advantage of an analysis of some 162 medical colleges, and the three above mentioned are the only ones out of that number that I find to be affiliated schools, though I am advised there are others. iIany of the medical colleges of the United States have departments at different places; but these several departments, with the excep- tion of the three schools above referred to, are under the direct control and management of the one single corporation or board, and while, in my opinion, the Indiana State University and the State College of Physicians and Surgeons, by their articles of affiliation do not come within the letter of the rule above referred to, they do meet the requirements of the objects and purposes of all such legislation and rules. ENTOMOLOGIST (STATE)-LAWS OF 1899 AND 1907 NOT IN CONFLICT. July 9, 1907. Ion. Benjamin W. Douglas, State Entomologist, Indianapolis, Indiana: Dear Sir-You ask me in your letter of July 6, for my opinion whether the re-enactment of the nursery laws in 1907 in any way repeals section 8 of the old law, being Acts of 1899, p. 226. I -have carefully considered your suggestion that section 3 of the new law (Acts 1907, p. 292) is in conflict with section 8, but I can not approve that suggestion for two reasons: 1st. In my opinion the two sections are not in conflict in any particular. 2nd. The two sections stood together side by side in the old law as it was originally drafted without any thought by anybody of there being any conflict. The present section 3 is nothing more or less than old section 1 and part of old section 2, and makes no provision for any- thing except an annual inspection by the state entomologist, and conferring the necessary power to enter upon premises to make examinations. Section 8 in my opinion is the real meat of this kind of legis-