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250 world's history and


only exercise the profession of dentistry, was not under obliga-
tion to secure a diploma."
As far as the Appellate Court was concerned, the dentist was
free to exercise his profession without having previously ob-
tained any diploma or in any way having qualified as a dentist.
It is not necessary to say that this jurisprudence was adverse
both to the text and the spirit of the law of the year XI. Also the
physician-dentists, that is, dentists with diplomas as physicians,
never considered this question as definitely decided. Encour-
aged through a decree pronounced by "la Cour Regulatrice,"
Juiy 20, 1833, deciding that the prohibition manifest in the law of
the year XI. was general and absolute, they resolved to submit the
question to a judicial authority. Consequently they brought suit
against several dentists not in possession of the title of Doctor
or Health Officer.
Proceedings were instituted, accusing those guilty of illegal
practice of medicine, who had practiced one of the branches of
the healing art, without possessing a diploma as physician, or
health officer, as required by the law of Ventose 19, in the year
XI. A judgment from the "Tribunal Correctionnel de la Seine"
was delivered December 16, 1845. The accused were fined fifteen
francs each, in accordance with Articles 1 and 35 of the aforesaid
law. One of the fined parties having appealed, the judgment was
confirmed by " la Cour de Paris " February 21, 1846. The physi-
cians were triumphant, when on an appeal " la Cour de Cassa-
tion " (the Appellate Court) decided, May 15, 1846, that the
dentists who kept within the bounds of that profession and did not
practice any other branch of the healing art could not be com-
pelled to provide themselves with any diploma. Then there was
a dissent between " la Cour de Paris '" and " la Cour de Cassa-
tion." It is not without its historical interest to listen to the
theories of those two courts:
" La Cour de Paris " argued: " The provisions of the Jaw of
Ventose, XL, are general and absolute, they embrace all
branches of the healing art; or, the dental art, which requires
various knowledge of anatomy and surgery, especially of the
anatomy and pathology of the mouth, is evidently a branch or
part of the healing art; moreover, in the ancient laws the profes-
sion of dentistry was considered and regulated as a part of the
surgery."
"La Cour de Cassation" said, on the contrary: "At the time
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