Illinois Chiropractic Society v. Giello

The Illinois Chiropractic Society, together with certain individual licensed chiropractors, brought suit in the circuit court
of Cook County seeking to enjoin J.A. Giello from practicing chiropractic without a license and in violation of the Medical
Practice Act. A similar suit was brought in the circuit court of Union County against Fred Odum and Don Odum, and in the circuit
court of Macon County against W.D. Krieger. An injunction was granted in each case, and appeals have been taken directly
to this court on the ground that constitutional questions are involved. It is contended on each appeal that injunctive relief
is improper because plaintiffs have an adequate remedy at law; and that the statute is unreasonable and discriminatory, in
its educational requirements, against persons seeking a license to treat human ailments without drugs or operative surgery.
Since all three cases present substantially the same questions they have been consolidated for disposition by this court. The contention that the plaintiffs have an adequate remedy at law, and hence that injunctive relief should not have been
granted, is based upon the fact that the statute provides criminal penalties for practicing without a license and no showing
has been made that criminal prosecution is an inadequate remedy. In Burden v. Hoover, 9 Ill.2d 114, this court held that the
practice of chiropractic by one not licensed to do so infringes the rights of those who are properly licensed, and that injunctive
relief may be granted even though the conduct objected to is also a crime. A contention identical to the one made in these
cases was again rejected in Illinois Chiropractic Society v. Berns, 17 Ill.2d 356, and no reasons have been advanced which
would justify a reconsideration of the question here.