Millsap

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 520 This is an appeal from a judgment annulling on certiorari an order of the Board of Medical Examiners revoking respondent's certificate to practice naturopathy in the state of California. Respondent was licensed to practice naturopathy on August 6, 1909, and immediately thereafter entered upon the practice of his profession, and has ever since continued said practice. During all of said time respondent, in addition to the practice of naturopathy and without any other license from said Board of Medical Examiners, has engaged in the practice of medicine and surgery, and was so engaged on the fifth day of January, 1921. On January 11, 1921, a verified complaint was filed with said Board of Medical Examiners charging that respondent on the fifth day of January, 1921, and for six months prior thereto had practiced a system and mode of treating the sick and afflicted not authorized by his said certificate, and asking for a revocation of his certificate. A hearing was had upon this complaint and at its conclusion said board made and entered its…

The application for transfer to this court after decision by the district court of appeal of the second appellate district, division one, is denied. The application is based, in part, on a conflict between this decision and a decision rendered by the second division of the second district court of appeal, in In re Gerber, 57 Cal.App. 141 [ 206 P. 1004 ]. [10] In so far as that case is inconsistent with the decision in the above-entitled case we disapprove of the decision in In re Gerber. *Page 533