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<title>Medical history of Michigan:  Volume II:  a machine-readable transcription.</title>
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<p>Washington, DC, 1995.</p>
<p>Preceding element provides place and date of transcription only.</p>
<p>For more information about this text and this Library of Congress Historical Collection, refer to accompanying matter.</p>
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<front>


<pageinfo><controlpgno entity="i1995b001">001</controlpgno><printpgno></printpgno></pageinfo><div>
<p>MEDICAL HISTORY OF MICHIGAN</p></div>

<pageinfo><controlpgno entity="i1995b002">002</controlpgno><printpgno></printpgno></pageinfo><div type="idinfo">
<p>MEDICAL HISTORY
<lb>

<hi rend="italics">of</hi>
 MICHIGAN
<lb>

<hi rend="italics">VOLUME II</hi>
<lb>
Compiled and Edited by a Committee
<lb>
C. B. BURR, M. D., 

<hi rend="italics">Chairman
<lb>
and</hi>
<lb>
Published under the auspices of the
<lb>
Michigan State Medical Society
<lb>
THE BRUCE PUBLISHING COMPANY
<lb>

<hi rend="smallcaps">Minneapolis</hi>
 

<hi rend="italics">and</hi>
 

<hi rend="smallcaps">Saint Paul</hi>
<lb>
1930</p></div>

<pageinfo><controlpgno entity="i1995b003">003</controlpgno><printpgno></printpgno></pageinfo><div>
<p>
<handwritten>R249
<lb>
.M55
<lb>
1930</handwritten>
<lb>
COPYRIGHT, 1930
<lb>
THE BRUCE PUBLISHING COMPANY
<lb>
ALL RIGHTS RESERVED
<lb>
Printed in the United States of America
<lb>

<stamped>&copy; ClA 36980
<lb>
APR 24 1931</stamped></p></div>

<pageinfo><controlpgno entity="i1995b004">004</controlpgno><printpgno></printpgno></pageinfo><div>
<head>Foreword</head>
<p>
<add place="in margin">
<handwritten>geH 7 May 1930</handwritten></add></p>
<p>
<hi rend="other">With</hi>
 the publication of this volume the task of the compilers is concluded, although like other words of men it is neither finished nor complete.  Practically nothing is for that matter.</p>
<p>Medical contributions of excellence and important names and incidents have doubtless failed of mention, this owing to space limitations in the first instance, and, in the second, to the fact that they were not discovered by the History Committee.</p>
<p>For better, for worse, the production is presented with all good will, and grateful appreciation of an opportunity to place on record something of the trials of professional forebears, their frequent journeys through a wilderness-tangle of painful experience to encounter at the end of the long, long trail only disappointment and chagrin.  Withal, however, their achievement was admirable, and it is best hope of the compilers that in this work, imperfect as it is, a foundation not too unstable is laid for some future historical super-structure worthy of a profession than which no other, by and large, has been as conscientious and useful, or so unvaryingly and self-sacrificingly consecrated to the public weal.</p></div>

<pageinfo><controlpgno entity="i1995b005">005</controlpgno><printpgno>vii</printpgno></pageinfo><div type="toc">
<head>CONTENTS</head>
<list type="simple">
<item>
<p>
<hi rend="smallcaps">Chapter
<hsep>
Page</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Foreword
<hsep>
v</hi></p></item>
<item>
<p>
<hi rend="smallcaps">I  Controversies</hi>
<lb>

<hi rend="italics">C. B. Burr, M.D.</hi>
<hsep>
3
<lb>
Homeopathic physicians; re-organizations of State Medical Society; publication of Dr. Wight&apos;s paper; hospital practice of medicine; International Medical Congress, 1885; amendment to Code of Ethics, A. M. A.; homeopathy in the University; Hawxhurst-Ranney membership, controversy; state medicine; report of committee on charges pending in A. M. A.; publication of Dr. Hitchcock&apos;s paper; acceptance of members into medical society; ethics; Dr. Topping&apos;s presidential address regarding University medical department; parliamentary rules; report of committee on admissions; election of officers in the State Medical Society; W. C. T. U. communication; some of the participants in the homeopathy-University drama; who was the operator?  &mdash;a question of ethics and precedence; in lighter vein; Dr. Eugene Smith and Dr. Brodie&mdash;a passage at arms; minor matters of contention (acceptance of invitations); smallpox and chickenpox; a setting right (

<hi rend="italics">Peninsular and Independent Medical Journal</hi>
); editorial personal abuse; Rynd vs. Brodie; Brodie vs. Palmer; Smith vs. Robinson; &mdash;&mdash;vs.&mdash;&mdash;; homeopathic vs. scientific surgery; Joy to the medical word (electric devices); a testimonial; Batwell vs. McGraw; medical politics; cold bath in typhoid fever; tuberculosis&mdash;infection and communicability; Jenks vs. Carstens; Detroit Medical Society vs. Dr. J. Adams Allen; establishment of 

<hi rend="italics">Bulletin of Wayne County Medical Society.</hi></p></item>
<item>
<p>
<hi rend="smallcaps">II  Malpractice, Litigation and the Physician as a Witness</hi>
<lb>

<hi rend="italics">C. B. Burr, M. D.</hi>
<hsep>
95
<lb>
Newcomer-Van Deusen case; Dr. Foster Pratt&apos;s presidential address on medical jurisprudence (1878); Beals-Thomas case; Dr. McNair on truth; a celebrated case (Assyria cemetery theft); ophthalmoscopy and the law; industrial medicine (trial);the making of a lawyer; malpractice; a will case; alleged insanity; an aborted suit; the physician as a witness; an insane criminal; liberality of boards of supervisors; habeas corpus; a case of suspected poisoning; murder trial; ununited fractures; the professional witness.</p></item>
<item>
<p>
<hi rend="smallcaps">III  Medical Defense</hi>
<lb>

<hi rend="italics">Frank Burr Tibbals, M.D.</hi>
<hsep>
133
<lb>
Malpractice suits; Defense League&mdash;Wayne County Medical Society; medico-legal committee of the Michigan State Medical Society; X-ray cases; surgical cases; miscellaneous cases; report of medico-legal committee, 1928; Dr. J. R. Thomas&apos; presidential address on civil malpractice(1881).</p></item>
<item>
<p>
<hi rend="smallcaps">IV  A Medical Miscellany and Medley</hi>
<lb>

<hi rend="italics">C. B. Burr, M.D.</hi>
<hsep>
157
<lb>
Children&apos;s Fund of Michigan; alcohol in (and out of) medicine; therapeutic notes; the editor makes a diagnosis; &ldquo;unusual&rdquo; cases; a case of bilious colic(?); pedigree, prestige, obstacles and overcoming &ldquo;wide and varied&rdquo;; the obituary muse in action; the law and organization; stocks and others; birth control; further pertaining to the sphere of sex; sick room &ldquo;bulletins&rdquo;; useful neighbors; directions for food intake; varia.</p></item>
<item>
<p>
<hi rend="smallcaps">V  Extra-Professional Activities</hi>
<lb>

<hi rend="italics">C. B. Burr, M.D.</hi>
<hsep>
227
<lb>
Judicial; educational&mdash;journalistic&mdash;cultural&mdash;scientific&mdash;industrial&mdash;financial&mdash;commercial; oratorical&mdash;literary&mdash;dramatic&mdash;artistic; civic and political&mdash;athletics and sportsmanship.</p></item>

<pageinfo><controlpgno entity="i1995b006">006</controlpgno><printpgno>viii</printpgno></pageinfo><item>
<p>VI  

<hi rend="smallcaps">Women Physicians</hi>
<lb>

<hi rend="italics">C. B. Burr, M.D.</hi>
<hsep>
361
<lb>
Objections to women practicing medicine; biographical sketches; accomplishments of Michigan women physicians; Woman&apos;s Auxiliary to the Michigan State Medical Society; the stupendous achievement of a woman physician of Michigan, Dr. Mabel E. Elliott.</p></item>
<item>
<p>VII  

<hi rend="smallcaps">Michigan State Medical Society</hi>
<lb>

<hi rend="italics">C. B. Burr, M.D.</hi>
<hsep>
389
<lb>
First Michigan Territorial Medical Society; Michigan State Medical Society; medical pioneer presidents, address of President Reuben Peterson; presidential address of Dr. Leartus Connor on the State Society (1902); Peninsular State Medical Society; organization of present society; presidential address of Dr. Edward Cox (1897); report of committee on surgery, 1879; banquet of 1881&mdash;Dr. Jenks&apos; response to the toast, &ldquo;The Michigan State Medical Society and Its Founders&rdquo;; meeting of 1894; meeting of 1895; presidents of Michigan State Medical Society (1866-1928) listed; secretaries of the Michigan State Medical Society (1866-1929) listed; biographical sketches; 108th annual meeting; some medical problems; the retiring president (Dr. H. E. Randall); reminiscences of the Michigan State Medical Society by Dr. W. T. Dodge; Michigan State Board of Registration in Michigan; medical educational requirements, 1929.</p></item>
<item>
<p>VIII  

<hi rend="smallcaps">Some of the Active Medical Societies&mdash;Then and Now&mdash;Their Props and Promoters</hi>
<lb>

<hi rend="italics">C. B. Burr, M.D.</hi>
<hsep>
443
<lb>
Branch County Medical Society; Calhoun County Medical Society; Jackson County Medical Society; early physicians and the medical societies of Jackson County; the medical profession in Genesee County&mdash;early history; Genesee County Medical Association; Genesee County Medical Society; Flint Academy of Medicine; Wayne County Medical Society&mdash;Wayne County Society election; medical profession and societies of St. Clair County&mdash;Medical Society of St. Clair County; Northeastern District Medical Society; St. Clair, Sanilac and Lapeer Medical Society; a fee bill of &apos;69; Allegan County Medical Society; Gratiot County Medical Society; Gratiot-Isabella-Clare County Medical Society; Kent County Medical Societies; Kalamazoo County Medical Societies; Macomb County Medical Society; Northeastern District Medical Society; Van Buren County Medical Society; Bay County Medical Society; Saginaw County Medical Society; Barry County Medical Society; St. Joseph Valley Medical Association; Livingston County Medical Association; Newaygo County Medical Society; Shiawassee County Medical Society; Clinton County Medical Society; Emmet County Medical Society; Hillsdale County Medical Society; Ingham County Medical Society; Manistee County Medical Society; Mecosta County Medical Society; Lapeer County Medical Society; Monroe County Medical Society; Muskegon County Medical Society; Oakland County Medical Society; Sanilac County Medical Society; Tuscola County Medical Society; Detroit Medical and Library Association; first eighteen years of Detroit Society of Neurology and Psychiatry; Detroit Academy of Medicine&mdash;forty-six academic years; medical societies in existence in Michigan in 1894.</p></item>
<item>
<p>IX  

<hi rend="smallcaps">Upper Peninsula.  Medical Men and Medicine.  A Symposium</hi>
<lb>

<hi rend="italics">William K. West, M.D.
<lb>
C. B. Burr, M.D.
<lb>
Carl F. Moll, M.D.</hi>
<hsep>
545
<lb>
Recollections and impressions of early Upper Peninsula medical practice; biographic sketches; United States Army officers at Fort Mackinac; Upper Peninsula Medical Society; Marquette-Alger County Medical Society; mine physicians; medicine on the iron range.</p></item>
<item>
<p>X  

<hi rend="smallcaps">The History of Hospitals and Nursing in Michigan</hi>
<lb>

<hi rend="italics">Richard R. Smith, M.D.</hi>
<hsep>
599
<lb>
County houses; Detroit hospitals; Grand Rapids hospitals; Flint hospitals; religious enterprise; industrial hospitals; secular and community philanthropy; professional or business auspices; local government auspices; state government; 

<pageinfo><controlpgno entity="i1995b007">007</controlpgno><printpgno>ix</printpgno></pageinfo>tuberculosis; federal government; history of nursing in Michigan; Michigan schools for nursing; Michigan State Board of Registration of Nurses and Trained Attendants; institutional nursing; private duty nursing and official registries; Michigan&apos;s contribution to the American Red Cross nursing service; nursing service for the prevention and relief of tuberculosis; public health nursing; nursing organizations.</p></item>
<item>
<p>XI  

<hi rend="smallcaps">State Psychiatric Hospitals and Medical Establishments for the Mentally Handicapped or Retarded</hi>
<lb>

<hi rend="italics">W. J. Kay, M.D.
<lb>
C. B. Burr, M.D.</hi>
<hsep>
729
<lb>
Development of hospitalization for the insane; Eloise Infirmary and Hospital; Michigan Asylum for the Insane; Eastern Michigan Asylum; Traverse City State Hospital; Ionia State Hospital; Michigan Home for Feebleminded and Epileptics; Upper-Peninsula Hospital for the Insane; State Psychopathic Hospital, University of Michigan; Michigan Farm Colony for Epileptics; Wayne County Training School; biographic sketches; Oak Grove&mdash;a memory.</p></item>
<item>
<p>XII 

<hi rend="smallcaps">The Military Service of Michigan Physicians.  A Symposium</hi>
<lb>

<hi rend="italics">Andrew P. Biddle, M.D., D.Sc.
<lb>
Wilfrid Haughey, M.D.
<lb>
C. B. Burr, M.D.</hi>
<hsep>
765
<lb>
Influence on the practice of medicine; medical examining boards; patriotic committees; hospitals, colleges and state boards of health, the work of reconstruction and rehabilitation; war service of Calhoun County physicians; veterans of the Revolutionary War and immediate post-Revolutionary period in Michigan medicine; War of 1812 and United States Army surgeons of about this period; Mexican War; here and there among the early medical soldiers; Black Hawk and Toledo Wars; service in foreign countries; medical veterans of the Civil War; Spanish-American War; experiences of Michigan physicians in the World War extracted from medical and lay journals.</p></item>
<item>
<p>
<hi rend="smallcaps">In Memoriam&mdash;Guy Lincoln Kiefer and William John Kay</hi>
<hsep>
878</p></item>
<item>
<p>
<hi rend="smallcaps">Index</hi>
<hsep>
883</p></item></list></div>

<pageinfo><controlpgno entity="i1995b008">008</controlpgno><printpgno>xi</printpgno></pageinfo><div type="listill">
<head>ILLUSTRATIONS</head>
<list type="simple">
<item>
<p>
<hsep>
<hi rend="smallcaps">Page</hi></p></item>
<item>
<p>Facsimile of Signatures Appended to the Constitution and By-laws of the First Michigan Territorial Medical Society, Dated January 11, 1820
<hsep>
390</p></item>
<item>
<p>Memorial Tablet, Medical Building, University of Michigan, Ann Arbor
<hsep>
435</p></item>
<item>
<p>Memorial Tablet, Foote Hospital
<hsep>
457</p></item>
<item>
<p>Physicians&apos; Fee Bill of &apos;69&mdash;Blots Not Symbolic
<hsep>
488</p></item>
<item>
<p>Detroit Academy of Medicine Notice
<hsep>
533</p></item>
<item>
<p>United State Postal Card (1875) to Dr. Jenks
<hsep>
534</p></item>
<item>
<p>Barracks, Fort Wilkins, 1845
<hsep>
574</p></item>
<item>
<p>Dr. Livermore&apos;s Office, Fort Wilkins
<hsep>
575</p></item>
<item>
<p>Fireplace from Burned House, Fort Wilkins
<hsep>
576</p></item>
<item>
<p>Black Horse Tavern, Wayne County Poor House, 1838
<hsep>
731</p></item>
<item>
<p>Eloise Hospital, Building B, Wayne County
<hsep>
733</p></item>
<item>
<p>Eloise Hospital, Building I, Wayne County
<hsep>
735</p></item>
<item>
<p>Original Building, Kalamazoo State Hospital
<hsep>
736</p></item>
<item>
<p>Pontiac State Hospital, Central Building
<hsep>
738</p></item>
<item>
<p>Traverse City State Hospital, Administration Building
<hsep>
741</p></item>
<item>
<p>James Decker Munson Hospital, Traverse City State Hospital
<hsep>
743</p></item>
<item>
<p>Ionia State Hospital
<hsep>
744</p></item>
<item>
<p>Cottage for Girls, Michigan Home and Training School
<hsep>
745</p></item>
<item>
<p>Cottage for Boys, Michigan Home and Training School
<hsep>
746</p></item>
<item>
<p>Hospital for Boys, Michigan Home and Training School
<hsep>
747</p></item>
<item>
<p>Psychopathic Hospital, University of Michigan
<hsep>
749</p></item>
<item>
<p>Oak Grove, Once Upon a Time
<hsep>
759</p></item>
<item>
<p>Marker on Site of Austin Blair, of Jackson, War Time Governor of Michigan, 1861
<hsep>
788</p></item></list></div></front>
<body>

<pageinfo><controlpgno entity="i1995b009">009</controlpgno><printpgno></printpgno></pageinfo><div>
<head>Chapter I
<lb>
Controversies</head>

<pageinfo><controlpgno entity="i1995b010">010</controlpgno><printpgno></printpgno></pageinfo><p>
<hi rend="italics">&ldquo;Agree with thine adversary quickly.&rdquo;</hi>
<lb>
Matthew V:25.</p>
<p>
<hi rend="italics">&ldquo;The great evil of medical societies as they are found generally over the United States is that there is not quarreling enough.  They are too peaceful.&rdquo;</hi></p>
<p>A leader in the 

<hi rend="italics">Michigan Medical News</hi>
 (Volume V, Page 339) contains the above outgiving.  It is unsigned, but J. J. Mulheron and William Brodie were both members of its editorial staff, and, as a child once remarked concerning a personal matter, you may &ldquo;choose your choice.&rdquo;</p>
<p>
<hi rend="italics">&ldquo;I don&apos;t care a &mdash;&mdash; whether I fight with the majority or the minority so long as I fight.&rdquo;</hi>
<lb>
&mdash;The &ldquo;late&rdquo; but never lacking
<lb>

<hi rend="smallcaps">William Brodie.</hi></p>

<pageinfo><controlpgno entity="i1995b011">011</controlpgno><printpgno>3</printpgno></pageinfo><div>
<head>CHAPTER I
<lb>
Controversies
<lb>
By C. B. BURR, M.D., Flint, Michigan</head>
<p>
<hi rend="italics">&ldquo;The Histories, I borrow, I refer to the consciences of those I take them from.&rdquo;</hi>
&mdash;

<hi rend="smallcaps">Montaigne.</hi></p>
<p>
<hi rend="other">&ldquo;DR. HENRY F. LYSTER,</hi>
 of this city, gave a reception on the evening of the 13th inst. in honor of Dr. William Brodie, the president-elect of the American Medical Association.  The event was a marked success in every particular, and Dr. Brodie was deeply impressed with the cordiality of the congratulations of his local brethren.  The fact that his election to the highest office in the grift of the profession meets the hearty approval of those who know him best, makes the honor doubly great.  May he long be spared to go in and out among us.&rdquo;

<superscript>7</superscript></p>
<p>Sympathetically, Dr. Mulheron writes in 1885, &ldquo;While very sorry for those of our Republican brethren who find their tenure of fat positions growing uncertain, we rejoice with appropriate joy in the brightening prospects of our Democratic brethren.  The redistribution of the pap has commenced in this state and our friends Brodie, Eugene Smith, and Kaiser have secured the appointments of U. S. Examining Surgeons for pensions.  Nobody has any doubt as to their ability to hold down their new positions, and to regularly draw their fees.  Fortune has been bestowing her very broadest smiles on Dr. Brodie lately&mdash;President of the American Medical Association, Trustee and Emeritus Professor in the Detroit College of Medicine, U. S. Examining Surgeon, Vice President of the International Medical Congress, etc., and all within two short months!  Here are honor and emoluments enough to make a man&apos;s head swim.&rdquo;

<superscript>7</superscript></p>
<p>Homeopathic physician were numerous in Grand Rapids in 1891.

<superscript>4</superscript>
  Biographic notices are given or mention made of twenty-four, of whom four were women.  Of the &ldquo;early pioneers&rdquo; in this system of practice it is written that they &ldquo;aside from their professional theories and practice, were withal in character and reputation so well fitted to disarm prejudice and attract popular favor that, as far as we can learn now, they met with little of the bitter opposition usually exhibited in other places from the so-called regular school of physicians.  Occasionally, of course, professional courtesies were denied, but the instances were rare.  Dr. Hempel particularly was on such friendly terms with some of the old school physicians that the latter incurred the displeasure of their colleagues and were charged with heresy.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b012">012</controlpgno><printpgno>4</printpgno></pageinfo><p>In the group mentioned by Dr. Samuel G. Milner

<superscript>4</superscript>
 were Dr. John Ellis, 1843 to 1845 (

<hi rend="italics">See</hi>
 &ldquo;Pioneer Physicians&rdquo;); A. H. Botsford, 1851; E. R. Ellis, 1858; and Charles J. Hempel, 1861.</p>
<p>Professional access to either of the hospital under &ldquo;an exclusive staff of allopathic physicians&rdquo; was found exceedingly difficult.  &ldquo;Many of the oldest and best friends of both institutions, as well as the daily press of the city, expressed freely their dissatisfaction at the action of the Boards of Trustees, but future history must relate the outcome of the controversy.&rdquo;</p>
<p>It has.</p>
<p>The meeting of the State Medical Society in 1886 was held under the presidency of Dr. E. P. Christian of Wyandotte.</p>
<p>On motion of Dr. William Brodie the report on re-organization was taken from the table.  He moved its adoption, making the State Society a delegate body in conformity with leading societies of the United States and the American Medical Association.</p>
<p>Dr. Maclean moved that the proposition to make the society a delegate body be indefinitely postponed.  He thought &ldquo;we would better go slow.&rdquo;</p>
<p>Dr. Frothingham seconded the motion and thought the society was &ldquo;getting along well enough.&rdquo;</p>
<p>Dr. Stoddard favored the plan of re-organization.</p>
<p>A member moved the previous question, whereupon Dr. Kimball thought the debate ought not to be cut off, and that &ldquo;we might as well fight it out.&rdquo;</p>
<p>Three sections of the new constitution were then adopted, and Dr. Brodie moved the adoption of section four.  He said, &ldquo;I hurl the charge back that through a delegated membership rings are to be formed to run this society.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;You made that charge last year yourself.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I never&mdash;&mdash;&rdquo;</p>
<p>Dr. Kimball:  &ldquo;You said a certain part could run the whole society.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I had no part in drawing up this constitution.  I did not nominate the committee that made this constitution.  Dr. Whelan nominated the committee, and I have had no part or lot in it.  I take this matter as it is here today no matter what I said.  A man is often converted from what he says.  Dr. Frothingham left this society and he has come back again so you see he is converted.&rdquo;</p>
<p>Dr. Frothingham denied that he made a specious argument.  &ldquo;When I said I knew no better way to lay the foundation for rings I did not know that I was throwing a firebrand.&rdquo;</p>
<p>Dr. Brodie declared this not pertinent to the subject.  Dr. Frothingham thought it was, and Dr. Brodie rose to a point of order.</p>
<p>Dr. Frothingham: &ldquo;And the American medical profession today stand before us with a stigma&mdash;&mdash;&rdquo;</p>
<p>President:  &ldquo;I think you are out of order.&rdquo;</p>
<p>Dr. Frothingham:  &ldquo;Very well, if we&apos;re to be choked off I will sit down.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b013">013</controlpgno><printpgno>5</printpgno></pageinfo><p>The discussion was continued at length, Drs. Hemenway, Lundy, Elmer, Parmenter, Carstens, Connor, Noyes, Alvord, Webber, two anonymous members and Dr. Vaughan participating.</p>
<p>Dr. Brodie called Dr. Lundy to order.  Dr. Maclean moved the previous question.</p>
<p>A member rose to a question of privilege, as did also Dr. Vaughan.</p>
<p>There was rising to points of order on the part of Dr. Alvord and Dr. Webber.</p>
<p>&ldquo;Talk about this becoming a delegated body,&rdquo; said Dr. Lundy.  &ldquo;Look at New York State!  The profession has been split up in that state by this very means.&rdquo;</p>
<p>Eventually the question was voted upon and consideration of it indefinitely postponed&mdash;this by a vote of 60 to 39.

<superscript>13</superscript></p>
<p>The foregoing was not the only matter during this session of the society upon which there were grave differences of opinion.  Something &ldquo;happened to this society&rdquo; yesterday which the judgement of Dr. Yemans did not approve.  There seems to have been a paper by Dr. Wight &ldquo;the scope of which is to appoint a committee to carry an act through the legislature which has no hope of success.&rdquo;  Dr. Yemans thought that the action contemplated in the paper which had been published in that morning&apos;s 

<hi rend="italics">Free Press</hi>
 would cause the society to appear in a &ldquo;humiliating condition before the legislature of the state.&rdquo;  Dr. Yemans wanted the action reconsidered.</p>
<p>Dr. Brodie thought the motion to reconsider was not in order, and Dr. Yemans retorted, &ldquo;Do we wish to go before the legislature with the statement that the representatives at Lansing are mostly boobies who do not know the difference between Providence and a nuisance?&rdquo;</p>
<p>Dr. McGraw said he did not understand just what the rule was concerning the publication of papers, but he assured the society that &ldquo;there has been no catch of the society on the part of Dr. Wight in publishing this paper.  I know Dr. Wight too well.&rdquo;  He didn&apos;t wish an insinuation to go out against him in his absence.</p>
<p>Eventually on motion of Dr. Maclean, Dr. Wight&apos;s paper was accepted and referred to the Committee on Publication.</p>
<p>&ldquo;Real progress, all will agree, is being made, despite much pseudo-progress that is illusory.  And even error, as medical history has manifoldly proved, may be useful in that it often stimulates controversy that leads to new inquiries from which new truths emerge.&rdquo;</p>
<p>The above, written by Dr. Lewellys F. Barker of Baltimore in an article on &ldquo;Endocrine Glands in Relation to Infancy and Childhood,&rdquo;
<anchor id="n013-01">&dagger;</anchor>
 is of equal applicability in other fields of medical endeavor.</p>
<note anchor.ids="n013-01" place="bottom">&dagger; Presented before the New York Academy of Medicine, Section on Pediatrics.</note>
<p>Dr. F. C. Warnshuis, secretary of the State Medical Society, said in June, 1928.

<superscript>6</superscript></p>

<pageinfo><controlpgno entity="i1995b014">014</controlpgno><printpgno>6</printpgno></pageinfo><p>&ldquo;The problem of the hospital practice of medicine is becoming extremely acute, especially so within the last year or two, and especially so since the movement that was instituted by the American College of Surgeons.  The American College of Surgeons started what I believe was a most pernicious move, in writing and communicating with the hospitals of our country, asking them to set aside a department in the hospital to which the public may come and receive a periodic physical examination at flat fee, conducted by the staff, who are to be remunerated by the hour.  If you read the Journal [of the Michigan State Medical Society], you have probably seen that we opposed that.  We registered a protest against promulgating such a move, causing or inspiring hospitals to practice medicine.&rdquo;</p>
<p>And Dr. A. M. Hume of Owosso added:</p>
<p>&ldquo;I have discovered that a new light has come to the secretary of our State Society that came to me quite a long time ago, and that is that our own organizations (I am not speaking now of the Michigan State Medical Society, but of our own organizations) have done much to throw the monkey-wrench into the gears.  The thing he speaks of with reference to the American College of Surgeons is one of the most vicious things that has been done.  It is not the only thing that has been done, but they have grown big and reckless and have shown their hand.&rdquo;</p>
<p>&ldquo;Resignations of appointments of the committee on the International Medical Congress have commenced to come in from Michigan,&rdquo; the 

<hi rend="italics">Medical Age</hi>
 announces in 1885,

<superscript>7</superscript>
 and adds, &ldquo;Drs. E. S. Dunster and Henry Sewall, of the University of Michigan have declined to serve.  Had anything been lacking to convince the profession of the injustice perpetrated by the American Medical Association toward the original committee, the hiatus no longer exists.  When a Michigan man resigns an office, there must be something radically rotten somewhere in Denmark.  It has been the peculiar boast of Wolverine office-holders that few die and none resign, and it has always required pretty vigorous effort to kick them out.&rdquo;</p>
<p>It was as usual the tempestuous teapot.  Professor Hanson-Grut of Copenhagen wrote, &ldquo;I am sorry you have so much bother about the Congress.  The spirit that is at the bottom of the dispute is to me a proof of such exclusiveness as I should not have expected to find in your country.  I will answer to your question:
<lb>

<list type="simple">
<item>
<p>&ldquo;1.  That the controversy about codes was never though of, as we have nothing resembling your code of ethics.</p></item>
<item>
<p>&ldquo;2.  The invitation was given decidedly for the 

<hi rend="italics">whole</hi>
 of the medical profession; none of us thought of, or even mentioned, the American Medical Association.</p></item>
<item>
<p>&ldquo;4.  The 

<hi rend="italics">only</hi>
 qualification required was, that the member be a 

<hi rend="italics">legally acknowledged</hi>
 medical practitioner in his country.  

<hi rend="italics">Our</hi>
 homeopathists who were legally acknowledged practitioners (Dr. Siemsen-Ferish and others) were actually members, and undisputed members, of our Congress.</p></item></list></p>

<pageinfo><controlpgno entity="i1995b015">015</controlpgno><printpgno>7</printpgno></pageinfo><p>&ldquo;I have sent your letter to Professor Lange, who will, no doubt, corroborate my statements.  To my knowledge, he has already had similar questions addressed to him from America, and answered them in the same way as I have done.</p>
<p>&ldquo;The way across is long, the fear of the sea is strong.  I do, therefore, believe that it is injurious to the interests of the Congress to have too many restrictions put for admittance.&rdquo;

<superscript>7</superscript></p>
<p>Dr. Mulheron grabs a cleaver and goes after those who would disparage the New York tolerance of homeopathic perfidy:</p>
<p>&ldquo;Dr. King of Missouri is none of your milk-and-water, half-hearted reformers.  Convince him that a thing is wrong, and he will go right to the root of it with his remedy.  He is a codist of the codist, and admits no gradations of turpitude in those who tamper with the bulwark of professional rectitude.  To him the culprit who offends in one iota is equally guilty with him who has thrown off all allegiance to the ancient and honorable instrument, and both alike should be exterminated, root ad branch.  &lsquo;The specialists of the New Code,&rsquo; he declares, &lsquo;should be taken by the top of the head and their throats cut at once.&rsquo;  Now, if he would only reason justice with a little mercy, and not insist on the execution taking place at once, some of the sinners might be made to suffer.  His Draconian penalty is too immediate and too sweeping in its application to meet the approval of the contemporary age, the sentiment of which would let ten flagrant offenders go free, rather than cut the throat of one poor specialist without giving him a chance to repent.&rdquo;

<superscript>7</superscript></p>
<p>In discussion of the proposed amendment to the Code of Ethics, Article 1 of the American Medical Association, that &ldquo;it is considered derogatory to the interests of the public and honor of the profession, for any physician or teacher to aid in any way the medical teaching or graduation of persons knowing them to be supporters and intended practitioners of some irregular and exclusive system of medicine,&rdquo; Dr. Dunster said, &ldquo;The first objection is that the amendment is contradictory to the code as it now stands.  We should do all in our power to extend the bounds of the usefulness of the profession.  This amendment prescribes its limits.  We are told that medicine is a liberal profession; this amendment absolutely denies the right of a medical education to a certain class in our midst, and makes the profession a most illiberal and proscriptive one.  Being contrary to the code in these instances, it is contradictory to the spirit of the code.  Another technical objection is that the amendment is illogical, as a child can see that there is no connection with the paragraph to be amended and the amendment as offered.  The honor of a teacher does not depend upon those whom he teaches, but upon himself.  Another objection is that the amendment must always be inoperative even if adopted.  There is no power to enforce this amendment, either by legal, moral or social measures.  The enforcement of this statute would close every public clinic in America, because we are forbid to aid in any manner certain classes.  There is also an objection because it is based upon the most fallacious 

<pageinfo><controlpgno entity="i1995b016">016</controlpgno><printpgno>8</printpgno></pageinfo>assumptions.  Now, if we teach the truth and the sciences as we believe, we know that no harm can result; if we adopt the amendment we concede that the dissemination of science leads to error.  Are you ready to say that no man shall teach the truth to all classes?  Truth is the antidote of error, and sooner or later must conquer it.  So far from denying truth to the unbeliever, we should do all in our power to extend its dominion.&rdquo;</p>
<p>Dr. Dunster next proceeded to fortify his position by many illustrations and examples.  &ldquo;By all the consideration I have mentioned, I appeal to you to reach your conclusion with great deliberation, make your decision solely with the view of upholding the lasting honor of our noble profession and take no step that can be construed by the world at large as a confession of want of faith in the perpetuity of rational medicine.  Do this, and we shall have no occasion to regret the work of today, for it will remove in a large degree, the reproaches so often heaped upon us for our intolerance and bigotry, and it will open up a new era of generosity and toleration.  Do the opposite and adopt this amendment, and it si a stride backward in the historic march of medicine.  Finally, in all your discussion and in your decision, forger me and the great university I have the honor to represent, for it you stand the disaster and the discredit that must come with the adoption of this amendment, we can certainly stand your censure.&rdquo;

<superscript>2</superscript></p>
<p>A most able reply to this &ldquo;was made by Dr. N. S. Davis, in which it was made clear that too much sophistry had been cast upon the whole matter, and that the imparting of useful knowledge should be done for a useful purpose in order to accomplish good.  After much discussion, the following substitute was adopted:  &lsquo;It is not in accord with the interest of the public or the honor of the profession that any physician or medical teacher should examine diplomas or sign diplomas or certificates of proficiency for, or otherwise be specially concerned with the graduation of persons whom they have good reason to believe intend to support and practice any exclusive and irregular system of medicine.&rsquo;  As an expression of professional opinion, this is sufficiently explicit.  It probably does not satisfy either party in the controversy, like most compromises.&rdquo;

<superscript>5</superscript></p>
<div>
<head>Homeopathy in the University</head>
<p>&ldquo;At a meeting of the Supreme Court of the State of Michigan, held in this city [Detroit] Jan&apos;y 22d, 1855, present a full bench:</p>
<p>&ldquo;A motion was made by C. I Walker for the issuing of an alternative mandamus compelling the Board of Regents of the University to appoint a professor of homeopathy according to the act of the legislature, creating the chair, or to show cause why the same is not done.</p>
<p>&ldquo;The case is held under advisement, and also for further authorities in the case.&rdquo;

<superscript>12</superscript></p>
<p>The argument of J. V. Campbell thereupon is an interesting and learned document, too lengthy for publication herein.  &ldquo;The writ,&rdquo; he says, &ldquo;being in the sound discretion of the Court and not a writ of right, will never be 

<pageinfo><controlpgno entity="i1995b017">017</controlpgno><printpgno>9</printpgno></pageinfo>issued in a case where the public good does not require it.  And there are several good reasons why the Court should not interfere, even if it has the power.</p>
<list type="ordered">
<item>
<p>&ldquo;1.  Because there is no pressing necessity apparent.</p></item>
<item>
<p>&ldquo;2.  Because the delay is not unreasonable.</p></item>
<item>
<p>&ldquo;3.  Because the interference would be disastrous.&rdquo;

<superscript>12</superscript></p></item></list>
<p>In a lengthy review of his annual report, high appreciation is given to President Haven for his comments upon teaching homeopathy in the University of Michigan.  &ldquo;We do not think,&rdquo; writes the editor of the 

<hi rend="italics">Detroit Review of Medicine and Pharmacy</hi>
 in 1867, &ldquo;that it would be possible to express the true relations of the University in this question more felicitously than it has been done by Dr. Haven in this report.&rdquo;</p>
<p>The report contained the following:  &ldquo;With regard to this specific condition, I could not investigate its merits without seeming, at least, to espouse the cause of a particular party.  I must observe, however, that on prudential reasons alone it would be clearly impracticable to teach homeopathy in a manner satisfactory to its friends in such a school as ours which espouses and teaches no exclusive theory&mdash;this school teaches neither a conglomeration of conflicting theories, nor any one in particular, but aims, in accordance with the time-honored customs of the oldest medical schools, to teach the science or science underlying or embraced in medicine and surgery.&rdquo;</p>
<p>Quoting Dr. Angell in his report to the Superintendent of Public Instruction, 1876, in which he &ldquo;congratulates the people of Michigan that the Faculty of Medicine and Surgery have remained true to the University in opposition to the wishes of a considerable number of the medical profession,&rdquo; the 

<hi rend="italics">Detroit Lancet</hi>
 in evident depression alleges, &ldquo;In short, the critics in the medical profession have failed to accomplish anything by their labor of love in seeking to keep the medical profession pure at one of its fountains.&rdquo;</p>
<p>Pathos permeates this and leads one to doubt the efficacy of any activity motivated by this worthy and allegedly potential emotion.</p>
<p>From the foregoing, it is evident that introduction of homeopathy into the University Medical School has been, for long before footing therein was secured, the aim of its proponents.  Indeed, controversy and contention related thereto date back many years before the mandamus proceedings.  (

<hi rend="italics">See</hi>
 reference to correspondence of Dr. Sawyer later on, and article in Chapter IX.)</p>
<p>It was a vexing and harassing question, and in the last quarter of the belligerent nineteenth century which might be called Victorian in the sense that victories were commonplaces&mdash;frequent and for the moment satisfactory, but of course never conclusive or enduring&mdash;the profession of Michigan was torn nearly to tatters by the established instruction in common, in the University, of regular and homeopathic students in all branches save theory and practice and materia medica.</p>
<p>On the one side conspicuously assertive were the doughty warriors, Donald Maclean and George E. Frothingham, two souls in this matter &ldquo;with but 

<pageinfo><controlpgno entity="i1995b018">018</controlpgno><printpgno>10</printpgno></pageinfo>a single thought.&rdquo;  Arrayed with them, though in the main less vocal, were the remaining professors in the department of scientific medicine; also Dr. Brodie of Detroit and others.  Heartily opposed to them was a large contingent of professors in the Detroit College of Medicine and Drs. Topping of Dewitt, Foster Pratt of Kalamazoo, Jerome of Saginaw, and Bartholomew and Ranney of Lansing, the latter secretary of the State Medical Society.  On the side lines were those not gifted with the power of oratory but adroit politicians, like James A. Brown of Detroit who might with unerring certainty be numbered among the ultra-conservatives.</p>
<p>The war was fast and furious and threatened the fragmentation of the State Medical Society.  Dr. Ranney was a subtle force, Dr. Jerome, a clever generalissimo, Dr. Pratt, a powerful debater.  Dr. Brodie was stinging and cynical and in this controversy apparently threw in his fortune with &ldquo;the under dog.&rdquo;  This was characteristic&mdash;he once said to the writer, &ldquo;I don&apos;t care a damn whether I fight with the majority or the minority so long as I fight.&rdquo;  His attitude in the squabble is the more surprising considering a previous position taken concerning an address of Dr. Palmer (q.v.), but there is no accounting for Dr. Brodie.</p>
<p>The question at issue was whether teachers who, in the opinion of the conservatives, depreciated themselves and prostituted their profession, by contributing to the enlightenment of &ldquo;irregulars,&rdquo; should be permitted to retain membership in the State Medical Society, and whether students in the department of scientific medicine who had received instruction from these proscribed individuals should be regarded eligible to a seat among the elect therein.  It may well be believed that the writer of this, who joined the State Medical Society in the year 1878 when the controversy reached its climax, felt a degree of security from having graduated in the East, not unmixed with trepidation lest his record of one term attendance at the University medical school might be invoked to prevent favorable consideration of his application for membership.  It was a fight to the finish, and there was engendered a degree of bitterness so great that in Dr. Maclean&apos;s candidacy, seventeen years later, for the presidency of the American Medical Association, there were opposing factions from Michigan represented at the San Francisco meeting.  The Maclean supporters enjoyed the hospitality of the railroads on the trip to &ldquo;the Coast&rdquo; and won out in the election.  Dr. Maclean was at that time living in Detroit and was Surgeon-in-Chief of the Michigan Central.</p>
<p>In announcing the meeting of 1878, the astute and caustic Mulheron, scenting conflict from afar, expressed the belief

<superscript>8</superscript>
 &ldquo;that the large majority of the members will be disappointed and disgusted should any attempt be made to open up old sores,&rdquo; but inasmuch as &ldquo;there is no law against a man&apos;s making himself ridiculous and contemptible,&rdquo; it is &ldquo;possible that some imperfectly balanced individual, itching after a little notoriety, will endeavor to revive the University homeopathic squabble.  We are indeed advised that such 

<pageinfo><controlpgno entity="i1995b019">019</controlpgno><printpgno>11</printpgno></pageinfo>an attempt is contemplated.&rdquo;  They&mdash;the forthright and upstanding members be it understood&mdash;&ldquo;have now reached the limit of forbearance,&rdquo; etc., etc.</p>
<p>How little is realized the elasticity of &ldquo;forbearance.&rdquo;  Mulheron foresaw that the Hawxhurst-Ranney matter was rich in possibilities of discord, deplored the nullification tactics of the secretary, and appealed to the Society to settle one point, &ldquo;has or has not the secretary exceeded his authority in refusing permission to Dr. H. to complete the formalities of membership.&rdquo;

<superscript>8</superscript></p>
<p>The &ldquo;celebrated case&rdquo; of Dr. Hawxhurst was passed upon in 1878.  He was elected to membership the preceding year, Dr. John P. Stoddard, chairman of the Committee on Admissions, reporting in his favor.</p>
<p>Dr. Jerome asked if the applicant were not a graduate of the University of Michigan.  Being answered in the affirmative, he said that he opposed his election on the ground that a resolution respecting his professional standing and that of his whole class was now pending before the State Society and before the American Medical Association.  Until that was settled he moved to lay the application on the table.</p>
<p>Dr. Brodie replied that the applicant was among the first at this meeting, and his name was withheld just because this resolution on the University question was pending, but the society had laid the matter on the table for another year and there was no guarantee that it would not be so disposed of for an indefinite period.  Until it was authoritatively settled no one could be justly excluded on that ground.</p>
<p>Dr. Stoddard stated that, as yet, the amendment embodied in the fourth resolution relative to the admission of member had not been acted upon, and as far as the records show, Dr. Hawxhurst was an eligible candidate.</p>
<p>&ldquo;The motion to lay on the table was lost.&rdquo;</p>
<p>&ldquo;The report was accepted.&rdquo;</p>
<p>&ldquo;The above report was rendered but a short time before the close of the session, and Dr. Hawxhurst, failing to comply with the necessary requisites, is not a member of the society.&rdquo;</p>
<p>Thus the secretary&apos;s minutes.

<superscript>13</superscript></p>
<p>At the opening of the meeting in 1878 the secretary announced:</p>
<p>&ldquo;In calling the roll I have not called the name of Dr. Hawxhurst who was recommended for membership at the last annual meeting of this society, but who failed to complete his membership by signing the constitution and by-laws and paying his initiation fees and dues.</p>
<p>&ldquo;It is due Dr. Hawxhurst, however, to say that he applied to complete his membership on the twenty-third day of last month.  I declined to decide the question of his right to complete his membership after the lapse of eleven months by receiving his fees and presenting him the constitution and by-laws for his signature.  I shrank from the responsibility of deciding the question for the following reasons.&rdquo;</p>
<p>Here follows the report of a case in 1872 where two physicians had been elected, had been called away, and on motion had been permitted to complete 

<pageinfo><controlpgno entity="i1995b020">020</controlpgno><printpgno>12</printpgno></pageinfo>their membership by remitting initiation fees and authorizing the secretary to append their names to the constitution.  One only of these complied.  What would be his duty, the secretary enquired, if after five years he offers to complete membership, and could Dr. Hawxhurst complete his after the lapse of eleven months.</p>
<p>The secretary said, &ldquo;I have not arrogated to myself the right to decide, and respectfully submit the matter for the consideration of the society.&rdquo;</p>
<p>The cases were not, evidently, regarded parallel.  Dr. Beech moved to amend the minutes by adding &ldquo;and adopted&rdquo; after &ldquo;accepted.&rdquo;  He also thought that the report of non-action of Dr. Hawxhurst &ldquo;does not constitute any part of the transactions of this society,&rdquo; and moved that they be stricken from the minutes.  This motion prevailed.</p>
<p>Dr. Cox found that the names of Drs. Kate Lindsay and D. C. Hawxhurst of Battle Creek were omitted from the list of members elected and moved to insert their names.</p>
<p>The president, Dr. Pratt, announced that it had been the usual custom to include names only of those whose memberships were completed.</p>
<p>Dr. Jerome, discussing the motion, thought the construction of Dr. Ranney was proper.  &ldquo;He refrained from paying his initiation fee and signing the constitution and by-laws.&rdquo;  &ldquo;We don&apos;t propose,&rdquo; Jerome declared, &ldquo;at this late day to indorse this gentleman during these eleven months.&rdquo;  He sounds a note of genuine alarm.  &ldquo;We are living in a pretty fast age.  We don&apos;t know the status of Dr. Hawxthurst during this period of time&mdash;during this eleven months that he has not been an accountable member of this body.  During that period, let his conduct have been what it might, this organization could not have placed their hand upon him and held him to any account.&rdquo;  (The implied sponsoring of the venerable and upright Dr. Cox, Dr. Hawxthurst&apos;s townsman, was apparently ignored.)  &ldquo;We might as well, sir, assume that because the directors of a bank should endorse a man&apos;s paper as being good today and so recommend him for a discount to the officers of the bank he may come up eleven months afterwards and say, &lsquo;I have the endorsement of the directors of this bank and assume you will cash this paper for me.&rsquo;  This case is parallel, Mr. President.&rdquo;</p>
<p>An amendment to the amendment was made to refer the cases to the Committee on Admissions.</p>
<p>Dr. Brodie said he had intended to say nothing, but as usual he said a mouthful.  &ldquo;The position of Dr. Hawxthurst is different.  You all know that when the committee reported it was already about four o&apos;clock, just before the election of officers.  They came in with this report.  My friend, Dr. Jerome, moved to lay the report on the table.  It was not laid on the table.  It was voted down.  Then the report was voted upon by the society and Dr. Hawxthurst was elected.  The society then went into the election of officers and did some other business, and the society then adjourned.  Dr. Hawxthurst didn&apos;t happen to be in at the time:  if he had been he would have signed the 

<pageinfo><controlpgno entity="i1995b021">021</controlpgno><printpgno>13</printpgno></pageinfo>constitution and paid his fees.  There is no society in the world as far as I know, and I have been connected with a great many, but what any person is allowed until the next meeting at least to fulfill his obligation.&rdquo;</p>
<p>Dr. Bartholomew thought if the minutes were to be amended at all that it should be done by adding the words &ldquo;and completed their membership.&rdquo;  Dr. Kedzie was of similar opinion.  &ldquo;Dr. Dunster said this whole matter could be easily settled; that it was simply a question of fact whether or not Dr. Hawxthurst was elected at the last meeting of the society&mdash;at the bottom of page 26 it says &lsquo;there were elected during the session the following named gentlemen.&rsquo;  Why simply include those who did complete their membership?  The amendment with substitute offered by Dr. Bartholomew is certainly one that will fail to complete the connection.  He did not know whether the secretary intended to include all who were elected or only those who completed their membership.&rdquo;</p>
<p>&ldquo;The secretary said it was his intention to give the names only of those who&mdash;&mdash;&rdquo;</p>
<p>Professor Dunster (interrupting), &ldquo;It was a gross abuse of the English language.&rdquo;  (Applause, hisses, and other confusion.)</p>
<p>Eventually an amendment was adopted, reading, &ldquo;The following persons were elected, but did not sign the constitution and by-laws nor pay their initiation fees,&rdquo; after which a communication was read from Dr. Hawxthurst asking that he be permitted to complete his membership, pay dues and sign the constitution.</p>
<p>A lively discussion followed, after which the question was referred to the Committee on Admissions for explicit ruling, which committee decided that the secretary had acted with propriety and recommended that the by-laws be amended to read &ldquo;every member on admission and before the close of the session at which he was admitted shall pay the sum of two dollars as an initiation fee and sign the constitution and by-laws, nor shall he be entitled to the rights of membership until the same is done.&rdquo;</p>
<p>The chairman of the committee, Dr. Oakley, expressed to Dr. Hawxthurst the opinion that if he would withdraw his request &ldquo;he will get to be a member just as quick and just as easy.&rdquo;  This is Dr. Hawxthurst did.</p>
<p>He (Dr. Hawxthurst) was evidently a man of principle and independent thinking.  His life came to an untimely end in Paris, in 1882, in consequence of smallpox.  He was a graduate of the University of Michigan in dentistry as well as medicine, and it was his belief that dentistry should be considered a specialty in medicine, and that every dentist should have a thorough medical education.
<anchor id="n021-01">&Dagger;</anchor></p>
<note anchor.ids="n021-01" place="bottom">&Dagger; Resolutions of the Calhoun County Medical Association in 1882 anent his death recite that &ldquo;in a foreign land he was adding to his already well supplied fund of professional knowledge,&rdquo; and that &ldquo;this association and the profession at large, have lost an active, efficient and honored member.&rdquo;  Signed, S. S. French and Edward Cox, Committee.

<superscript>2</superscript></note>
<p>The above incident is treated at length because of its bearing upon the larger question decided the same day as to the relation of the University medical faculty and graduates to the State Medical Society.  That the injecting 

<pageinfo><controlpgno entity="i1995b022">022</controlpgno><printpgno>14</printpgno></pageinfo>of this personal matter with its direct appeal to individual sympathies and sense of fairness was largely influential in the later vote (q.v.) the writer has always believed.</p>
<p>The war, more or less &ldquo;merry&rdquo; according to the varying viewpoints of participants and those observing it from a distance and in detachment, began in an early period of Michigan medical history.  Among the manuscripts of the late Dr. A. I. Sawyer of Monroe, the 

<hi rend="italics">deus ex machina</hi>
 on the homeopathic stage, there is reference to a bill which passed one house in the legislature of 1847 making it a state prison offense to practice homeopathy; and his correspondence on the subject of its establishment and perpetuation at the University, replete with invective, plenteous in censure and exuberant in verbosity, appears in half a score of letter books in possession of the Michigan Historical Commission.  Verily, he had his vexations.  Sparks flying upward had nothing on him, and pale as symbols of the trouble he endured.  Supported at times by an energetic triumvirate but oftener lacking their co&ouml;peration, his lines certainly fell in unpleasant places.</p>
<p>It is related of one of his cohorts that he was an intense man and impulsive.  He enjoyed a game of pedro and was accustomed to engage in this pastime in a group of those of similar likings.  Once in a game he declared that he had played &ldquo;low.&rdquo;  This was disputed by an opponent.  Dr. &mdash;&mdash;insisted, the other was as unconvinced and reiterated his claim.  Turning to another of the party, the doctor inquired, &ldquo;Who played low?  Didn&apos;t I?&rdquo;  The reply was, &ldquo;No, I think he did.&rdquo;  Whereupon he retorted, &ldquo;You&apos;re both&mdash;&mdash;liars,&rdquo; and opening the door of the stove, threw in the cards, and departed in high dudgeon from the room.</p>
<p>It requires no extraordinary perspicacity to infer from this that head-on collisions were no rarity, and that Dr. Sawyer&apos;s note in correspondence was not infrequently one of discouragement, not to say near-despair.  Indeed, he makes no secret of the fact that exalted endeavor and unselfish &ldquo;service&rdquo;&mdash;to employ a term much stressed in noonday luncheon clubs&mdash;not rarely failed of appreciation, and what he writes goes far to justify Dr. Maclean&apos;s prediction at the meeting of the State Medical Society in 1876 that &ldquo;the situation cannot last much longer,&rdquo; and that homeopathy could be strangled &ldquo;right in the University if left alone for two years.&rdquo;</p>
<p>Fruitless efforts to accomplish the end in view were made by the homeopathists year after year.  &ldquo;In the Supreme Court yesterday,&rdquo; the 

<hi rend="italics">Detroit Review of Medicine and Pharmacy</hi>
 (1868) reveals, &ldquo;the Attorney General presented, through William Jennison, Esq., a petition on behalf of the people asking the Court to grant an order requiring the Board of Regents of the University of Michigan to show cause why a mandamus should not be issued to compel them to appoint a professor of homeopathy in the medical department.&rdquo;</p>
<p>The regents were, indeed, tardy, having had the &ldquo;power&rdquo; since 1850 to accomplish this.  In 1855, this &ldquo;power&rdquo; to determine salaries, etc., was restricted 

<pageinfo><controlpgno entity="i1995b023">023</controlpgno><printpgno>15</printpgno></pageinfo>by the proviso &ldquo;that there shall always be at least one professor of homeopathy in the department of medicine.&rdquo;</p>
<p>The petition states that &ldquo;although nearly thirteen years have elapsed since the approval of the act, and though the regents have frequently been petitioned ... they have always neglected and refused ... in direct violation of the law.&rdquo;</p>
<p>Dr. William Lewitt of Ann Arbor, having learned that the secretary of the Central Michigan Homeopathic Society had announced that &ldquo;Drs. Jeffries and Backus will give free medical and Dr. Lewitt free surgical treatment at Ann Arbor, to all patients from abroad during the college course of the University,&rdquo; hastens to deny this in a letter of January 8, 1869.  It was done without his knowledge or consent, he says, and adds, &ldquo;I disclaim all co&ouml;peration with homeopaths professionally, and discountenance anything that would be in opposition to the medical department of the University with which I was co-laborer for nine years, and most sincerely wish for its continued prosperity, and do most bitterly oppose the action of the homeopaths in regard to the medical department, as their connection with it would be followed by its certain downfall.</p>
<p>&ldquo;It is not the teachings of homeopathy they are seeking, but a recognition of their fabulous theory under the broad mantle of the University of Michigan, to give character and standing to their system which is now without foundation or recognition.&rdquo;</p>
<p>Dr. Lewitt then takes liberties with the remarks of another long-suffering character as follows:  &ldquo;Skin for skin; yea, all will a homeopath give for a recognition in the University of Michigan.  (Job II, 4.)&rdquo;

<superscript>3</superscript></p>
<p>The homeopathic department was established in 1875.  Smouldering embers of discontent burst into violent flame that year in the State Society, following a resolution introduced by Dr. G. W. Topping:</p>
<p>&ldquo;That the Michigan State Medical Society entertains now as ever the most friendly feelings toward the medical department of the State University and fondly desires that its future prosperity and honorable reputation may excel that which it has achieved in the past.  In view of the recent action of its Regents in reference to the introduction of homeopathic professors and students, we believe a crisis has now arisen in its history which justifies and perhaps demands from the regular profession of the state a frank expression of opinion.  We believe that the attempt to associate regular and homeopathic students in the same institution, to participate in the same lectures, to be a scheme impossible to carry out and one fraught with disaster, and perhaps dishonor to those who attempt its execution; an attempt likely to arrest the prosperity and destroy the usefulness of said medical department.  Any such attempt to bring about such an unnatural and, to us, repugnant affiliation will meet with our decided disapproval.&rdquo;</p>
<p>Dr. Klein of Detroit did not intend any disrespect to Dr. Topping, but he deemed it wise to lay the resolution on the table.  He, therefore, made a motion to so dispose of it, and the motion was &ldquo;unanimously carried.&rdquo;</p>
<p>On the table it remained.  The following year Dr. Foster Pratt offered this resolution, which was adopted:</p>
<p>&ldquo;That a committee of nine members be now elected by this society to whom all resolutions and motions relating to the medical department of the University shall be referred without reading and without debate.&rdquo;</p>
<p>Pursuant to this, Drs. Pratt, Jerome, and Cutter were elected by ballot, 

<pageinfo><controlpgno entity="i1995b024">024</controlpgno><printpgno>16</printpgno></pageinfo>and on motion of Dr. Rynd, retired and nominated the rest of the committee as follows:  Drs. G. Chittock, Jackson; G. K. Johnson, Grand Rapids; J. A. Brown, Detroit; J. Hamilton, Tecumseh; H. B. Baker, Lansing; and J. Andrews, Paw Paw.</p>
<p>The committee thus composed bears an ominously partisan aspect.  Of the nine members, six voted, in 1878, with the forty-two in favor of, and one only with those against, the rejection of medical students graduated from the University.  The names of the two others (who probably did not attend the meeting) nowhere appear, either among the &ldquo;yeas&rdquo; or with the sixty-two who voted &ldquo;nay&rdquo; and saved the situation for the students.  The six were without exception recognized leaders in the society&mdash;influential members all&mdash;and still they failed to disturb the sense of fairness which deep-down has always been characteristic of a very large majority of the medical profession.</p>
<p>The report of the committee of nine at the 1876 meeting is lengthy, formal, and goes deeply into the history of homeopathy as related to the University&mdash;the legislation on the subject&mdash;the attitude at different periods of the Board of Regents and the then status of faculty and students.  Suggestions are given of which the following are of especial interest:</p>
<p>&ldquo;Fourth&mdash;The medical department of the institution has been the sacrifice offered to appease the legislature, and to build up or maintain other department.&rdquo;</p>
<p>&ldquo;Fifth&mdash;That state management of theological or medical schools will, in the nature of things, be disastrous to their welfare, if not actually destructive of their life.&rdquo;</p>
<p>&ldquo;Sixth&mdash;The it remains for the medical profession to provide for its own education, and, like theologians, to conduct its own schools and take care of its own interests.&rdquo;</p>
<p>The recommendation is made that inasmuch as all or nearly all of the graduating class of 1876 entered the University before the establishment of the homeopathic department, &ldquo;and, inasmuch, also, as no homeopathic students have been graduated this year,&rdquo; that they be admitted members of his society&mdash;on the usual conditions.</p>
<p>Four resolutions were offered as follows:</p>
<p>RESOLVED (1)&mdash;That we are not content with the existing situation in the medical department of the University, because in our opinion it is not calculated to maintain or advance medicine as a science, nor is it consistent with the honor or interests of the profession.</p>
<p>RESOLVED (2)&mdash;That a state under our form of government cannot successfully teach either medicine or theology, and that the medical profession ought to be its own teacher and the guardian of its own honor.</p>
<p>RESOLVED (3)&mdash;That we regard all legislative interference with th government of the University as unconstitutional, wrong in principle and harmful in its results.</p>
<p>RESOLVED (4)&mdash;That section 4 of the constitution of this State Society be amended so as to read as follows, viz.:  &ldquo;Section 4.  The resident members shall be elected by vote of a majority present at any regular meeting, their eligibility having previously been reported upon by a Committee on Admission: PROVIDED, that no person shall be admitted to membership who practices or professes to practice in accordance with any so-called &lsquo;pathy&rsquo; or sectarian school of medicine, or who has recently graduated from a medical school whose professors teach or assist in teaching those who propose to graduate in or practice irregular medicine.&rdquo;</p>
<p>Respectfully Submitted,
<lb>

<hi rend="smallcaps">Foster Pratt,</hi>
 

<hi rend="italics">Chairman</hi>
<lb>

<hi rend="smallcaps">G. K. Johnson
<lb>
J. Andrews
<lb>
J. K. Jerome
<lb>
G. Chittock
<lb>
J. A. Brown
<lb>
H. B. Baker</hi></p>

<pageinfo><controlpgno entity="i1995b025">025</controlpgno><printpgno>17</printpgno></pageinfo><p>As to the fourth resolution; Drs. Cutter and Hamilton gave a minority report in opposition, agreeing to the others.</p>
<p>And the next year the neighbors lifted up their voices on the subject and brought strong pressure to bear.</p>
<p>The societies, Maine Medical, Fountain County (Indiana), Kalamazoo Medical, St. Joseph Valley (Michigan), Saginaw Academy of Medicine, all approved; the Branch County (Michigan) Medical Society disapproved, and the position of the Union Medical Society of Wayne, Washtenaw and Oakland Counties, as communicated, is ambiguous.</p>
<p>Decided acrimony developed from this report and the discussion thereon, although final action on the fourth resolution was deferred, and one resignation &ldquo;doth tread upon another&apos;s heels so fast they follow.&rdquo;</p>
<p>The first came from Professor G. E. Frothingham:
<lb>

<hi rend="blockindent">To the Michigan State Medical Society:
<lb>

<hi rend="blockindent">Since a resolution was adopted by this society on the 11th instant which in my opinion declares a purely commercial policy as its guide, and repudiates the ethical principle of the American Code, which makes our profession a self-sacrificing, benevolent, and humane calling, and by another resolution the society has virtually declared regular medicine unworthy a position among the sciences, and also a principle which fully carried out would prevent the from proper care of the health and lives of its citizens, would abolish public medical care of the sick and insane; also all state and other Boards of Health, and carry our civilization, in this respect, back to the condition of the dark ages I can no longer, consistent with my views of ethics, retain my connection with this Society, and hereby tender my resignation of membership, and ask for its immediate acceptance, or such other removal as it may please you to grant.
<lb>

<hi rend="smallcaps">G. E. Frothingham, M.D.</hi></hi></hi></p>
<p>Dr. Pratt moved that the resignation be accepted.</p>
<p>Carried.</p>
<p>Dr. Rynd asked permission to read the following communication:
<lb>
 

<hi rend="blockindent">To the President of the State Medical Society:
<lb>

<hi rend="blockindent">Sir:&mdash;From the standpoint of the undersigned, the action of your association its present session has been marked by a narrowness, bigotry, and injustice disgraceful to an honorable and learned profession.  Without exercising the courage to array itself directly against the University, it has become the agent of a private school to accomplish its virtual dismembership (&ldquo;dismemberment?&rdquo;).  You do not propose any measures of relief for the state of medical affairs at Ann; you simply propose to destroy, when you cannot control, an institution supported by the liberality of our people in your own interests, and for your own end.  You desire its overthrow.  You have been ably assisted by the members of the State Board of Health, itself the creature of the legislature, aided and supported by all the prejudices, bigotry, and despotism of past ages.  Your conduct during the session has been unfair to a respectable minority.  You have tried to cut off the expression and comparison of views by the tactics of the politician.  When the friends of the University honestly asked your counsel, your reply has been a notice of its disfranchisement.  Not having any sympathy with the course which you have taken, preferring personal liberty to the despotism of ideas having their origin with the burning of witches and other humane acts of a similar nature; choosing rather to exercise my personal independence than to remain under the despotism of an association which represents nothing but itself; believing that true science is not the exclusive property of your association, and that its interests are not prompted by an illiberal code, I desire, respectfully, to withdraw from membership in your association.
<lb>

<hi rend="smallcaps">C. Rynd.</hi></hi></hi></p>
<p>&ldquo;During the reading of this paper it was objected to a s containing 

<pageinfo><controlpgno entity="i1995b026">026</controlpgno><printpgno>18</printpgno></pageinfo>language unparliamentary, and disrespectful to the society, but the reading was sustained by the president, Dr. Brodie.</p>
<p>&ldquo;Dr. Jerome moved that Dr. Rynd be expelled from the society; but this did not meet with much favor and the resolution was lost.</p>
<p>&ldquo;Dr. Pratt moved the resignation of Dr. Rynd be accepted and his paper laid on the table.</p>
<p>&ldquo;Carried.</p>
<p>&ldquo;Dr. Parmenter tendered his resignation as member of the Committee on Legislation, as member of the Judicial Council, and vice president of the society.&rdquo;</p>
<p>Laid on the table.</p>
<p>The next year there was offered what might be termed a near-resignation of Dr. Maclean.  It was certainly capable of construction by the secretary as formal, but was declared by Dr. Maclean to be a personal letter.</p>
<p>The storm broke in all its violence in 1878.  The debate upon the fourth resolution, spicy and well worth reproducing 

<hi rend="italics">in extenso</hi>
 was participated in by Dr. Jerome, who called the teaching an &ldquo;hermaphrodite arrangement,&rdquo; by Dr. Brodie, who declared that the proposed amendment was &ldquo;as much as to say that if Rev. George Duffield of the City of Lansing in his pulpit next Sunday should address his congregation and in that congregation should find Catholics, Episcopalians, Methodists, Baptists, etc., that he violates thereby the tenets of his church because he preaches his doctrine of religion to those men.&rdquo;  He was greeted with &ldquo;hisses&rdquo; when he averred that &ldquo;come right down to the gist of it, if there had never been any rivalry in teaching medicine in this state the question would never have come up.&rdquo;  &ldquo;What does it matter to Dr. Ford,&rdquo; he asked, &ldquo;or to the State of Michigan, how many men come in and hear him, as long as he don&apos;t 

<hi rend="italics">[sic]</hi>
 endorse any of them that don&apos;t belong to his class.&rdquo;  Dr. Toner &ldquo;never wrote that resolution,&rdquo; he said.  &ldquo;That resolution came from Michigan, I was told.&rdquo;  He could not see where the necessity (for an amendment) comes in, but could &ldquo;see where the animus comes in very well.&rdquo;</p>
<p>At this juncture Dr. Carstens inquired what &ldquo;animus&rdquo; was and received the reply that &ldquo;it is a word used by writers to show why certain people did certain things.  And&mdash;&mdash;&rdquo; (Laughter and confusion.)</p>
<p>Dr. Eugene Smith hurled back to Dr. Brodie &ldquo;the base insinuations as far as some of the members of this association are concerned that we are satellites of the Detroit Medical College,&rdquo; and called for an explanation.</p>
<p>Dr. Bartholomew said, &ldquo;It is all very well to cry &lsquo;peace, peace,&rsquo; but there is no peace, and there will be no peace so long as truth and falsehood remain to contend.&rdquo;  He called attention to the fact that in 1855 the legislature was induced to pass a law which required the regents to appoint a professor of homeopathy in the University but the regents declined to obey the law as unconstitutional:  the homeopaths were beaten in the courts, but continued agitation until another law was passed creating a homeopathic branch of the 

<pageinfo><controlpgno entity="i1995b027">027</controlpgno><printpgno>19</printpgno></pageinfo>University and a liberal appropriation made conditional upon its establishment that the regents took steps to fulfill the law &ldquo;and thereupon all of our professors resigned their positions thereby defeating the project.&rdquo;  Dr. Bartholomew thought they did right then, and that they made a great mistake in not resigning again, when the &ldquo;second much larger bribe&rdquo; was offered to the college if they would introduce homeopathy.</p>
<p>Dr. Maclean explained his form of certification of students&mdash;&ldquo;I hereby certify that I have examined the following named students of the homeopathic college in surgery 

<hi rend="italics">other than medical,</hi>
 and that their answers were for the most part &lsquo;correct&rsquo; or &lsquo;incorrect&rsquo; as the case might be.&rdquo;</p>
<p>Dr. Connor denied that the Detroit Medical College had officially claimed or in any way indicated that it would refuse certificates from the University.</p>
<p>Dr. Whelan approved the amendment, and believed we &ldquo;take too narrow a view,&rdquo; but said he was no friend of homeopathy, never got any favors from homeopaths, or counseled with them.</p>
<p>In explaining his vote among the sixty-two Dr. H. B. Shank of Lansing said, &ldquo;While I have always regretted the fact that the professors of our schools did not do just as I would have done under the circumstances, leave the institution and not stand where they stand today; yet I have had doubts as to what my duty was to the profession and to the institution.  I have asked myself this question:  Here are men who have been graduated; they have come and sat down by the side of me in practice, and men that I have no doubt are better educated than I was when I left the school and took my position among the regulars in my profession.  I have asked myself this question:  What would I do if that young man should find himself in trouble and would come and ask me to go and counsel with him?  All the better feeling of my nature told me to go and counsel with that young man and help him out of his trouble, if I could.  Now, gentlemen, I shall do that.  I speak of those who are practicing regular medicine; not those who carry out the principles of homeopathy, because I never have consulted with them, and God helping me I never will.  I say, then, I would go and associate myself with this graduate of that school at Ann Arbor, and consult with him.  Now shall I not associate with him on this floor professionally?  I hold that if I voted upon the affirmative of this question I will never associate with this man because he is not fit to associate with; and I will not associate with those off this floor that I would not associate with here on this floor professionally.  This being my conviction I shall vote against this amendment.&rdquo;</p>
<p>This seems to the reviewer incontrovertible as a bit of logic.</p>
<p>The resolution was lost by a vote of 42 yeas, 62 nays and the record of the vote will always be of interest for the array of intellect, for the high ethical standards and sincerity of purpose of the participants in both camps.  Old time business partnership did not prevent divergence of views on this important matter.</p>
<p>In his customary classical style, Dr. H. A. Cleland, one of the editors of the 

<hi rend="italics">Detroit Lancet</hi>
 discusses the &ldquo;University Question&rdquo; which has straddled 

<pageinfo><controlpgno entity="i1995b028">028</controlpgno><printpgno>20</printpgno></pageinfo>the neck of this society as did the &ldquo;Old Man of the Mountain&rdquo; that of &ldquo;Sinbad the Sailor&rdquo; as follows:

<superscript>2</superscript></p>
<p>&ldquo;There was one point made in the discussion of this question, which we hope will disabuse the mind of some members of the profession of an error, to which interested parties have striven to commit them, viz: that the &lsquo;University War&rsquo; as it has been called was initiated and maintained by the Detroit Medical College.  The source of this statement, and the continued stream of falsehood which has drenched the profession anent this point, is too well known to need mention; but its motive was too apparent and the falsehood too clumsy to meet with the success that was expected.  The originators of it paid but a poor compliment indeed to the manliness and independence of the profession of the state to suppose that it could for a moment be manipulated by a few in Detroit for mercenary motives.  If the truth were told by them, the backbone of the opposition to the medical department of the University, as it now exists, is its old alumni, who seek to save their 

<hi rend="italics">Alma Mater</hi>
 from a misalliance which they deem disgraceful to her, and this they are striving to do, in no personal spirit of rancor to any one, but actuated by what seems to them the best interests of their 

<hi rend="italics">Alma Mater,</hi>
 and the profession of the state in general.&rdquo;</p></div>
<div>
<head>Report of Committee on Charges Pending in
<lb>
American Medical Association</head>
<p>Mr. President and Gentlemen:</p>
<p>The undersigned, who were appointed by this Society at its last annual meeting, held at Lansing, to defend the charges made against this society at the meeting of the American Medical Association in Chicago, 1877, for &ldquo;irregular and unethical conduct,&rdquo; and referred to the Judicial Council of that body for action and its meeting in Buffalo, in 1878, respectfully report, that they attended the said meeting in Buffalo, and the Judicial Council, after consideration of the said charges, reported that &ldquo;there was no clause in either the constitution, by-laws, or code of ethics, as they now exist, under which the charges against the Michigan State Medical Society can be sustained and adjudicated.&rdquo;  Dr. J.R. Bronson, of Massachusetts, then offered the following preamble and resolutions:</p>
<p>WHEREAS, By the report of the Judicial Council, submitted this day, we are informed that the ethical code of this association is imperfect, in that it does not recognize by its letter a conceded violation of the spirit of our profession in its relation to irregular medicine; therefore</p>
<p>RESOLVED, that said Council be instructed to submit to the association at this meeting for its consideration, an amendment covering this omission.</p>
<p>This was referred to all members of the Judicial Council as a committee.</p>
<p>The Judicial Council, as a committee, reported the following amendment and addition to paragraph 1, Article 1, of the second division of the code of ethics, under the general heading &ldquo;Of the Duties of Physicians to Each Other and to the Profession at Large,&rdquo; and the special heading, &ldquo;Duties for the Support of Professional Character.&rdquo;  The same, when finally adopted, to be added at the end and to constitute a part of paragraph 1 of Article 1, as follows:</p>
<p>&ldquo;And hence it is considered derogatory to the interests of the public and the honor of the profession, for any physician or teacher to aid in any way the medical teaching or graduation of persons knowing them to be supporters and intended practitioners of some irregular and exclusive system of medicine.&rdquo;</p>
<p>This being an amendment to the laws, it was laid on the table until the next meeting.</p>
<p>At the recent meeting of the American Medical Association held at Atlanta, this amendment to the code was taken from the table, and after an exhaustive examination into its merits by Dr. Dunster, a delegate from this society, it was, on motion of Dr. Pratt, laid on the table for one year.
<lb>
W. 

<hi rend="smallcaps">Brodie,</hi>
<lb>
H.O. 

<hi rend="smallcaps">Hitchcock,</hi>
<lb>
Committee.</p>

<pageinfo><controlpgno entity="i1995b029">029</controlpgno><printpgno>21</printpgno></pageinfo><p>In the session of the Michigan State Medical Society in 1879 a paper was presented by Dr. H.O. Hitchcock upon &ldquo;A Case of Fracture of the Acetabulum, with Dislocation of the Femur.&rdquo;  By request of its author, the paper was read by Professor Dunster of the University.  &ldquo;As the reading developed the fact that the paper contained personal reflections derogatory to several members of the society, the further reading thereof was objected to.  The reading was continued, however, until recess, when at 12:30 the society adjourned.</p>
<p>Dr. Jerome said, &ldquo;I would move, sir, in view of the lateness of the hour, and the fact that here has been no opportunity to read these papers, that the further reading of Dr. Hitchcock&apos;s paper be postponed.&rdquo;</p>
<p>Dr. Brodie said he had no objections if the gentlemen would accept as an amendment the words &ldquo;and printed.&rdquo;</p>
<p>Dr. Jerome objected on the ground that it would cost too much, and for other reasons.</p>
<p>Dr. Hitchcock said the balance of the paper would require but fifteen or twenty minutes.</p>
<p>Dr. Jerome&apos;s motion was here put and lost.</p>
<p>Dr. Jerome moved that those who had papers there and who were intending to leave the city before an opportunity could be given to read them be requested to file them with the secretary.</p>
<p>Carried.</p>
<p>Dr. Maclean moved that the society hold an evening session.</p>
<p>Dr. Eugene Smith suggested that as Dr. Dunster was such a good reader, it might be well to leave the papers in his hands, to be read by him.  (Laughter.)</p>
<p>Dr. Dunster said he had a very heavy contract on his hands already.</p>
<p>A motion to hold an evening session was lost, and the motion to read the balance of Dr. Hitchcock&apos;s paper was carried.</p>
<p>Professor Palmer, of the University, then offered the following:</p>
<p>RESOLVED, That the paper of Dr. Hitchcock, as it contains strictures upon the conduct of members of this society, be referred to the Judicial Council, and that the members of the society interested have the privilege of appearing before the Council and of presenting any counter statements they may choose, and that said Council may order the publication of the Transactions of the Society, of the paper of Dr. Hitchcock, and of such counter statements as may be presented, or any part of such papers as in their discretion they deem proper.</p>
<p>Dr. Carstens, of Detroit, called for a division of the question.  The president stated that the vote would be taken, first, &ldquo;on the reference of the paper to the Judicial Council.&rdquo;  This was put and carried.  The remainder of Professor Palmer&apos;s resolution, after some discussion, was laid on the table.</p>
<p>Dr. Hitchcock then expressed his desire to withdraw the paper, and by a vote of the society he was permitted to do so.</p>
<p>It was of this paper, the scientific points of which are &ldquo;full of interest,&rdquo; but the paper &ldquo;so full of personalities as to detract very materially from its value as a scientific article,&rdquo; that Dr. Mulheron approvingly and amiably 

<pageinfo><controlpgno entity="i1995b030">030</controlpgno><printpgno>22</printpgno></pageinfo>writes, &ldquo;Dr. Hitchcock, however, in a measure atoned for the reading of his paper by withholding it from the society after it was read, and thus prevented the possibility of its publication in the printed Transactions of the Society.&rdquo;

<superscript>8</superscript></p>
<p>At the meeting of the Michigan State Medical Society in 1879, the question of admission of a member was under discussion, whereupon the following passage at arms:</p>
<p>Dr. A. B. Palmer, of the University of Michigan, said, &ldquo;It seems to me that the committee has established the precedent of not going behind the action of local societies.  In one case here yesterday of some one who was refused admission to the Detroit Medical Society, without any investigation the candidate was rejected.  This seemed to establish the precedent of going according to the decisions of the local societies.  Now, let us follow that precedent.  I think it a proper one, for we cannot be engaged here with all these minute discussions.  If the local society which has examined the case has exonerated him, it seems to me that we should not go back of that.  I therefore move that the last resolution which was offered be laid on the table.&rdquo;</p>
<p>Dr. Foster Pratt:  &ldquo;I told, Mr. President, that in our state organization it should be the unvarying rule not to receive as members here those who are rejected by the local societies; but I do not believe that the converse of that proposition is just, wise or politic.  I do not understand, sir, that we are under any obligations, or that it may always be wise to receive every one that may be acquitted upon charges by a local society, or every one that may be received by a local society.  Now, this is a question which properly belongs to the Judicial Council, and I don&apos;t propose to express any opinion about it here.  It is a matter which, as I think, should have been referred to the Judicial Council by the Committee on Admissions, and it is because I want the action of the Judicial Council upon it that I moved to refer it there.  If the Judicial Council shall concur in its recommendation with the Committee on Admissions, we then have nothing further to say about it.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Will you allow me to ask the doctor what is his object in referring this matter to the Judicial Council?&rdquo;</p>
<p>Dr. Pratt:  &ldquo;I am stating it.&rdquo;</p>
<p>&ldquo;After the roll call [State Medical Society meeting, 1879] Dr. Eugene Smith preferred charges against a member of the society, an ophthalmologist, for having the fact of his being a specialist mentioned on his sign.  This heinous thing is said to be in contravention of the venerable Code of Ethics, and with the formality and becoming gravity the charges were referred to the Judicial Council, who will deliberate on them for twelve months.&rdquo;</p>
<p>Mulheron writes hopefully, but not confidently, of the coming meeting of the State Medical Society in 1880.  &ldquo;The question of homeopathy in the University being out of the way, and the question which disturbed last year&apos;s meeting being removed, there occurs to us nothing now which could be framed into an excuse for a contention.  But te inventive genius of the human mind 

<pageinfo><controlpgno entity="i1995b031">031</controlpgno><printpgno>23</printpgno></pageinfo>is usually equal to the perversity thereof, and if the will exists there will be found a way of kicking up a row.&rdquo;

<superscript>8</superscript></p>
<p>Ways there were, doubtless, and the self-restraint for a time exercised was remarkable.</p>
<p>The boys remained quietly in the trenches for several Christmases, their trigger fingers nervously twitching, waiting for the zero hour.  It struck with a bang following Dr. G. W. Topping&apos;s presidential address&mdash;very appropriately delivered at Kalamazoo&mdash;and was continued over the failure of the Committee on Admissions to report on schedule time.  (&ldquo;These annual meetings,&rdquo; said Dr. Foster Pratt, &ldquo;are always promotive of socially among us and they tend very powerfully to cultivate in our ranks an 

<hi rend="italics">esprit de corps</hi>
 which is a strong unifying sentiment and which greatly increases our efficiency and power when acting as a body on any question of medical policy.&rdquo;)</p>
<p>
<hi rend="italics">Esprit</hi>
 there was aplenty and the gentle breezes of &apos;78 and &apos;79 are as soughing of the pines compared to the tempest evoked in &apos;83.  After some flattering words extended to Kalamazoo, references to the &ldquo;Divine Art,&rdquo; to superstition, ethics, quackery, and the early Romans preventive measures, &ldquo;te indefatigable secretary of the State Board of Health and his zealous and efficient associates,&rdquo; vital statistics and the &ldquo;increased prevalence of small-pox&rdquo; in 1882; after discussing learnedly the work of Kock, Pasteur and others, and handing to Jenner and Hippocrates each a garland of laurel, and president got down to business:</p>
<p>&ldquo;During the last decade the number of medical schools has increased about 70 per cent, and the annual report of the Commissioner of Education for the United States shows that the number of medical students therein has trebled.  From the same authority we learn that the graduates in medicine in the United States in 1880 were more than three times as many as in law, and about twelve times as many as in theology.</p>
<p>&ldquo;While it is true that some of these 110 medical colleges are mere &lsquo;diploma mills,&rsquo; graduating from 50 per cent to, in one instance, 83 per cent of their students, yet there remains a goodly number of them that are honorably and ably conducted, and are effectively teaching the science and art of medicine.</p>
<p>&ldquo;Of the 585 people which an equal distribution would allot to each physician, only a very small percentage are ever likely to become paying patients to him even if they should be so unfortunately as to need his services; therefore, many physicians will necessarily have to seek other employment for support after having spent their time and means in acquiring a profession by which they had hoped to make a living.</p>
<p>&ldquo;The cheapening of a professional education through state support allures many young men into the profession of medicine who would otherwise have entered into some other vocation more beneficial both to themselves and the public.  It must be evident to all that this country is already overstocked with physicians; therefore, it cannot be necessary to tax the people to produce a more redundant supply.</p>

<pageinfo><controlpgno entity="i1995b032">032</controlpgno><printpgno>24</printpgno></pageinfo><p>&ldquo;Our state medical schools are among the most active agents in producing this oversupply of physicians.  Yea more!  by means of the hospitals under their charge, and state support, they are enabled to offer cheaper medical and surgical treatment than can be proffered by the general practitioner who cannot resort to taxation to make good his exhausted finances.  The state medical school is a 

<hi rend="italics">matter familias</hi>
 who gives the world a numerous progeny, and then does her best to cut off and destroy their means of support.</p>
<p>&ldquo;University hospital is filled with patients who go there through economic considerations, many of them being abundantly able to fee a physician at home, and would do so were not cheaper terms offered them at Ann Arbor.  These hospitals are extensively advertised at the public expense, and individuals from far and near are induced to abandon their home physicians for the more economical terms which hospitals under state support are enabled to offer them.  These hospitals occasionally give us something unique in the way of advertisement.  A specimen of this character may be found in the address of Bishop Gillespie, chairman of the State Board of Corrections and Charities, before the eighth annual convention of superintendents of the poor, in Lansing, in 1881.</p>
<p>&ldquo;The bishop says he addressed all the physicians of the poorhouses in the state, asking if there were not persons in his house who would be benefited by surgical or medical treatment at Ann Arbor.  Yet to his disappointment only eleven of these physicians made any reply, and of that number but one thought it necessary to send his patients to University hospital for treatment, notwithstanding the fact that one of the hospital surgeons had assured the bishop by letter that &lsquo;the great majority [of his cases] can only be treated safely and satisfactorily in a hospital where there are plenty of assistants and all sorts of appliances,&rsquo; and &lsquo;that at a very moderate rate of charge my [his] own work in the hospital for the session of 1879-1880 would amount at the least to thirty thousand dollars.&rsquo;</p>
<p>&ldquo;The contemplation of this magnificent hospital work seems to have so affected the bishop&apos;s mind as to make the question of expense to the people seem to him altogether trifling and insignificant, and he rhapsodically exclaimed, &lsquo;Don&apos;t speak of money if the eyes of the blind may be opened, the ears of the deaf unstopped, the lame man may leap as an hart, and the tongue of the dumb sin!  If God has given such powers to men and means, trifle not with gift of God.  Refuse it not to save taxes.&rsquo;</p>
<p>&ldquo;Such extravagant eulogies of the University hospital and its surgeons, by the bishop, coupled with his assumption that the local physicians of the county houses of the state were not competent to treat the diseased poor, and his fervid appeal that they be sent at public expense to the University hospital for treatment, is a melancholy sample of the way that well-meaning and good-natured clergymen are often betrayed into the injudicious use of their profession to advertise certain hospitals and surgeons, to supply them with patients, and wide-spread, unique, and influential advertisement, at the expense of the tax-payers, and of the worthy but needy general practitioners 

<pageinfo><controlpgno entity="i1995b033">033</controlpgno><printpgno>25</printpgno></pageinfo>of the state.  For the work done in these hospitals and medical schools we offer neither censure nor criticism.  It is their influence upon the welfare of the medical profession at large, which is here discussed.</p>
<p>&ldquo;It is well known to you all that for some years past the relations of the Michigan State Medical Society, as well as a large percentage of the physicians of the state, not members of this society, have not been just as pleasant and harmonious with the medical department of the University of Michigan as in days of yore.</p>
<p>&ldquo;For a house to be divided against itself is equally undesirable and injurious to a family, a party, or a profession.  Whatever be the relative success of the contending parties the common cause must suffer loss.  Like the quarrel of sect with sect in the church, or the bitter strife for ascendancy in the state, no good can come of such unfortunate controversies, but very much of evil to the best interests of medical science and the state itself.</p>
<p>&ldquo;The medical department of the University of Michigan is an existing fact.  That being the case, I think we may profitably consider the best means of correcting the abuses existing in it, and the evils it inflicts upon the profession.  With this object in view I shall venture to express myself somewhat freely, and at length, without asking or expecting the endorsement of my views by this society, or by the ruling powers of the University, further than they believe them to promotive of the best interests of the profession, and of the University medical school.</p>
<p>&ldquo;That there are evils existing in the medical department of the University which need correction, I believe to be evident to all fair-minded, impartial men.  To the end that something may be done to correct these evils and to bring the medical school of the University in proper and profitable harmony with the medical profession, I venture to suggest for your consideration the following subjects:</p>
<list type="ordered">
<item>
<p>1.  The best means of securing a higher standard of study and attainment in the profession generally.</p></item>
<item>
<p>2.  The possibility and desirableness of combined action between the Board of Regents and the State Medical Society in securing such legislation as is now generally needed to project the people against the increasing number of irresponsible and unqualified medical practitioners.</p>
<p>&ldquo;Illinois and other states discriminate between the qualifications of practitioners; why should not this state do the same?</p></item>
<item>
<p>3.  The manifest injustice of giving gratuitous treatment at the University hospital to patients able to pay for medical services, and for whom such treatment was not originally intended.</p></item>
<item>
<p>4.  The still greater injustice of treating at Ann Arbor non-resident patients by members of the medical college faculty in term time, or during the session of the college, and receiving compensation therefor, unless the same be paid over into the University treasury.</p></item>
<item>
<p>5.  The extensive and unwarranted methods of advertising which institutes invidious comparisons between the professors and the profession at 

<pageinfo><controlpgno entity="i1995b034">034</controlpgno><printpgno>26</printpgno></pageinfo>large, which it not only indulged in by the professors but by officers of the state to whom no such right is given.</p></item>
<item>
<p>6.  Whether the profession at large might not be consulted in the nomination of professors, and if so, to what extent without detriment to the University, and such other matters as may be deemed expedient to secure harmony of action between the members of this society and the medical department of the University.</p></item></list>
<p>&ldquo;It is easy to be seen that a large share, to say the least, of the medical profession of the state, has withdrawn its sympathy and confidence from the medical department of the University.</p>
<p>&ldquo;Let these matters be fairly and fearlessly considered.&rdquo;</p>
<p>The suggestion was acted upon with what must have been to Dr. Topping commendable, if not gratifying promptness.  They were at least &ldquo;fearlessly considered.&rdquo;</p>
<p>&ldquo;On motion of Dr. Brodie the thanks of the society were extended to the president for his able address and the same was referred to the Committee on Publication.&rdquo;  Whereupon Dr. A. B. Palmer of the University addressed the Chair as follows:</p>
<p>Dr. Palmer.  &ldquo;Mr. President, we all understand and recognize that a pretty decided attack has been made upon the medical department of the University of Michigan, and criticisms upon its procedures.  I wish to inquire whether now, or at any future time, there will be an opportunity offered us to enter upon a degree of defense.  I do not wish to be out of order, but it seems to me to be due to the University, and especially to those who have been laboring for years to sustain it, that some remarks be made on certain portions of the president&apos;s address.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I understand this address contained but the formal opinion of the president.  It has been received and referred to the committee.  I don&apos;t see how it can be brought up for discussion now.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;Is there any method by which those concerned in the University may take up these points?  It is not the desire of the society, of course they may suppress any statement.&rdquo;</p>
<p>Dr. H. B. Shank:  &ldquo;I move that the vote by which this was referred to the Publishing Committee for publication, be reconsidered.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;Did the doctor vote in the affirmative?&rdquo;</p>
<p>Dr. Shank:  &ldquo;I would ask why the gentleman asked that question?  Is it for any parliamentary purpose?  I ask if my opinion is not in order?&rdquo;</p>
<p>Dr. Chase:  &ldquo;I rise to second the motion, and in seconding it I wish to say I didn&apos;t vote either way.  I was under the impression that the president&apos;s address was not be discussed.  There are many things stated in that address worthy of discussion.  We ought to take up those points and discuss them in an intelligent and gentlemanly way.&rdquo;</p>
<p>Dr. Tupper:  &ldquo;I move that the whole question be laid upon the table.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b035">035</controlpgno><printpgno>27</printpgno></pageinfo><p>Dr. Shank:  &ldquo;Is that question debatable?  I simply wanted to say&mdash;&mdash;&rdquo; Cries of &ldquo;order, order.&rdquo;</p>
<p>&ldquo;&mdash;&mdash;I don&apos;t want this thing choked down in this way.  I hope the good sense of this society will vote down this motion to lay upon the table.&rdquo;</p>
<p>The vice president, Dr. French, put the question.</p>
<p>Dr. Shank:  &ldquo;I call for a division.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I call for the ayes and nays.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I ask if the call is not in order?  I simply don&apos;t want this thing choked down.  I want a fair expression of the society on this question.  Not that it concerns me particularly, but I see a plain effort, on the part of some members here, to force this thing down our throats.  I hope it will not be tolerated.&rdquo;</p>
<p>Dr. Tyler:  &ldquo;I rise to a question of order.  It seems to me this whole question is out of order, at the present time.  The address has been referred to the Committee on Publication, consequently the whole question is settled.  The only way to get at this question is to make a motion under the head of miscellaneous business.  At the present time we cannot consider it.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Let me ask the gentleman if a motion to reconsider a motion is out of order?&rdquo;</p>
<p>Dr. Tyler denied that any effort was being made to &ldquo;choke anything down&rdquo; the members&apos; throats.</p>
<p>Dr. Pratt:  &ldquo;If you will allow me one moment, I can suggest a way out of the difficulty.  I move that so much of the president&apos;s address as refers to the University be referred to a select committee of five.  I do not believe there is any disposition here, on the part of anyone, to choke off free discussion.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I would ask Dr. Pratt whether after this is referred to the Committee on Publication, a portion can be taken from the committee without reconsideration!&rdquo;</p>
<p>Dr. Pratt:  &ldquo;It has been frequently done in our society.&rdquo;</p>
<p>Dr. Chase:  &ldquo;The motion to refer has been put and carried.  Then a motion was made to reconsider.  That would bring the paper again before the house.  We cannot make a motion to lay that paper on the table before it is before the house.&rdquo;</p>
<p>The vice president announced that the motion before the society was a motion to lay motion to reconsider on the state.</p>
<p>Dr. Palmer:  &ldquo;Does this dispose of the matter so that we cannot discuss it?&rdquo;</p>
<p>The Vice President:  &ldquo;I have no doubt any gentleman can call it up under the head of miscellaneous business.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;That is satisfactory to me.&rdquo;</p>
<p>The yeas and nays were demanded, on the motion to lay the motion to reconsider on the table.</p>
<p>Dr. Alvord:  &ldquo;Can those of us who have come in later have the opportunity of knowing what we are voting on?&rdquo;</p>

<pageinfo><controlpgno entity="i1995b036">036</controlpgno><printpgno>28</printpgno></pageinfo><p>The Vice President:  &ldquo;Gentlemen of the society, so many seem to misunderstand, that I feel called upon to state the question again.</p>
<p>&ldquo;A motion was made and carried, tendering the president the thanks of the society, and referring his address to the Committee on Publication.  Dr. Shank, after a little discussion, moved that that vote be reconsidered, so that the matter pertaining to the University might be up for discussion.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I made no such statement.  I misunderstand myself if I made any such statement.  I simply moved that we reconsider the vote by which that address was referred to the Committee on Publication.&rdquo;</p>
<p>The Vice President (continuing):  &ldquo;Dr. Brodie moved to lay the whole question upon the table.  That I declare to be undebatable.&rdquo;</p>
<p>The ayes and nays were called, and the result of the vote announced.  It stood 27 to 27.</p>
<p>Dr. Shank:  &ldquo;I would suggest that the secretary call the names of those who voted.&rdquo;</p>
<p>Dr. Tupper:  &ldquo;I understand that on a tie vote the question would be lost.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Is it not customary to read the names of those who voted?&rdquo;</p>
<p>At this point several members changed their votes.</p>
<p>The chair next announced that the vote stood 27 ayes to 28 nays.</p>
<p>The secretary read off the names.</p>
<p>Several gentlemen arose and complained that their names had not been called.</p>
<p>Dr. Jerome:  &ldquo;I think it quite possible.  I know it is on the part of some who are on the other side of this question.  For want of the payment of their dues, they are no longer members of this society.  If such be the case in any of these instances, I ask to have the fact stated.&rdquo;</p>
<p>Dr. Ranney:  &ldquo;Such is the case in several instances.&rdquo;</p>
<p>Dr. Jerome: &ldquo;After aa certain time the names of members not paying dues can be dropped.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Might I ask how long?&rdquo;</p>
<p>Dr. Jerome:  &ldquo;I refer you to the secretary!&rdquo;</p>
<p>Dr. Shank:  &ldquo;I supposed the gentleman was capable of explaining this entire matter.&rdquo;</p>
<p>Dr. Jerome:  &ldquo;Capability is one thing, duty is another.&rdquo;</p>
<p>The vice president announced that the motion to lay the motion to reconsider on the table, was lost.  The question being upon the motion to reconsider the vote by which the president&apos;s address was referred to the Committee on Publication.</p>
<p>Dr. Shank:  &ldquo;I made that motion for the purpose of getting this address of the president back out of the hands of that committee, and before this society.&rdquo;</p>
<p>The yeas and nays were called for.</p>
<p>Dr. Palmer hoped the yeas and nays would not be demanded.</p>
<p>Dr. Tupper:  &ldquo;This seems to have been from the beginning, a kill-time thing; I call for the ayes and nays.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b037">037</controlpgno><printpgno>29</printpgno></pageinfo><p>The Chair explained that this would be attended with great difficulty, and Dr. Tupper withdrew the call.</p>
<p>Dr. Breakey:  &ldquo;It seems to me that this voting is being done under a misapprehension.  I don&apos;t understand the effect of this is to prevent discussion.  The president doest not desire it, nor do the friends of the University.  My vote was given with this understanding.  We are wasting too much time.&rdquo;</p>
<p>Dr. Tyler:  &ldquo;I would be glad to see the whole matter postponed to be taken up under the head of miscellaneous business.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;An opportunity of replying to these strictures at any time will be satisfactory to me.  I supposed the object was to prevent reply or discussion.  If this is not the case, I am willing such arrangement should be made.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Let it be made now.&rdquo;</p>
<p>Dr. Jerome:  &ldquo;I call Dr. Shank to order.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;Is the main question now on the president&apos;s address, open for discussion?&rdquo;</p>
<p>The Chair:  &ldquo;It seems to me not.  The object is to get it from the committee so it can be discussed.&rdquo;</p>
<p>Dr. Jerome:  &ldquo;When this motion on the president&apos;s address was put I was not in the room; consequently I could not enter into any discussion.  I think it quite possible that the matter had developed itself largely since.  If there is any portion of the president&apos;s address which the society deems especially worthy of discussion, I am the last one to vote against discussion.&rdquo;</p>
<p>The motion to reconsider the motion by which the president&apos;s address was referred to the Committee on Publication was carried by a vote of 36 to 27.</p>
<p>Dr. Pratt:  &ldquo;I wanted to make a motion some time ago.  I now move that so much of the President&apos;s address as refers to questions touching the University be referred to a special committee of five, with instructions to report under the head of miscellaneous business tomorrow morning.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I move to amend by adding after the word &lsquo;five&rsquo; the words &lsquo;of which Dr. Palmer shall be chairman.&rsquo;&rdquo;</p>
<p>Dr. Palmer:  &ldquo;I never heard before of an accused party being his own judge.&rdquo;</p>
<p>The amendment was lost.</p>
<p>The original motion prevailed.</p>
<p>The president resumed the chair.</p>
<p>Dr. Shank:  &ldquo;If there is no business before this society just now, I would ask for the report of the Committee on Admissions.&rdquo;</p>
<p>The President:  &ldquo;We will now take up the report of the Committee on Publication.  It is the next in the regular order of business.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Is it decided out of order to call for the report of the Committee on Admissions?&rdquo;</p>

<pageinfo><controlpgno entity="i1995b038">038</controlpgno><printpgno>30</printpgno></pageinfo><p>The President:  &ldquo;The regular order of business cannot be set aside except by vote.&rdquo;</p>
<p>Dr. Shank:  &ldquo;In former meetings of this society, it has been customary for the Committee on Admissions to report early in order that persons who have made their applications may become members, and take part in the meetings.  I wish to make a motion that the order of business be suspended to listen to that committee.  I have never known applicants for membership to be left out in the cold so long.&rdquo;</p>
<p>The President:  &ldquo;If the committee express a readiness to report, they can have an opportunity to do so.&rdquo;</p>
<p>Dr. Breakey:  &ldquo;The committee have not been able to meet together as yet.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I mean that the order of business be suspended for the purpose of getting the report of the Committee on Admissions, as far as they are able to make it.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;I second the motion.  It is to me very strange that the committee takes so long to report.  The fact that applicants are endorsed by two accredited members of the society should be sufficient.  I think it unfair to exclude the applicants for membership so long.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;The strictures of the gentleman are very good; but members of the committee are not supposed to forego all their interests in the society to meet together and look over their business.  I don&apos;t know that we should be deprived of participating in the work of this body ourselves.&rdquo;</p>
<p>Dr. Vaughan:  &ldquo;I have attended several meetings of this society, and never before have I known the Committee on Admissions to wait so long before reporting.  There is an apparent intention at least, to choke off those who have come here to join this society.&rdquo;</p>
<p>The President:  &ldquo;I have no power to tell the committee to report.  They have expressed their unreadiness.  The report of the Committee on Publication is now in order.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Is my motion out of order?  It was to suspend the order of business for the purpose of requesting the Committee on Admissions to make a report.&rdquo;</p>
<p>Dr. Jerome:  &ldquo;Dr. Brodie and I were in the midst of the society this forenoon.  Our time was occupied entirely with the session.  When the committee came to ascertain the number of applicants it did not see any time for action unless the members took themselves out of the society this afternoon.  They wish to make a report satisfactory to themselves and the society, and do not see the necessity of pressing the question of immediate action; consequently they are here doing the business of the society.  After the meeting we propose to have a session of the committee; we propose to investigate every man&apos;s relations to the profession.  We have no desire to keep members out, and any charge to the contrary is not correctly made.  I apprehend the reason of all this lies back of what appears on the surface.  I have previously 

<pageinfo><controlpgno entity="i1995b039">039</controlpgno><printpgno>31</printpgno></pageinfo>understood that this was necessary; so necessary, in fact, that every other branch of business should be laid aside.&rdquo;</p>
<p>Dr. Shank:  &ldquo;What is the question?&rdquo;</p>
<p>Dr. Jerome:  &ldquo;I was answering my friend, Dr. Shank, and speaking on behalf of the committee.&rdquo;</p>
<p>Dr. Shank:  &ldquo;The Chair has not entertained my motion.&rdquo;</p>
<p>The president ruled the motion out of order.</p>
<p>Dr. Shank:  &ldquo;I move, out of charity to this committee who have acknowledged their inability to make this report, who are trying new tests for admission to membership, who demand that applicants state their intentions for the future, and all this; I move that this list of applicants be taken from their hands, that they be discharged from further consideration of the subject, and that it be referred to the Committee of the Whole.&rdquo;</p>
<p>The president refused to entertain the motion as not in accordance with the by-laws of the society.</p>
<p>Dr. Shank:  &ldquo;Let me inquire of the Chair what by-law he cites?&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I hope Dr. Shank is not going to occupy the floor all the afternoon.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I know, Dr. Brodie, that you like to be on the floor most of the time.  If the committee fails to make a report, I believe there is a provision which&mdash;&mdash;&rdquo; (Cries of &ldquo;read it, read it.&rdquo;)</p>
<p>Dr. Shank:  &ldquo;I will if I can.  Does the Chair refuse to entertain the motion to discharge the Committee on Admissions from the consideration of this question inasmuch as they have acknowledged their inability to make a report.&rdquo;</p>
<p>Dr. Jerome:  &ldquo;The chairman of the committee 

<hi rend="italics">made a report</hi>
 that he 

<hi rend="italics">was not ready to report.&rdquo;</hi></p>
<p>Dr. Oakley:  &ldquo;I would move that gentlemen present who have made application for membership be allowed to participate in discussion of all purely medical or scientific questions.  If they came here for no political purpose this certainly should be satisfactory to them.&rdquo;</p>
<p>The President:  &ldquo;If any objection is made by a member to a person who is not a member speaking, the person can not be heard.  The Chair can not, therefore, entertain the motion.&rdquo;</p>
<p>Dr. Shank reads:  &ldquo;Should the committee fail to report upon nominations submitted to them, any member having made such nomination may renew the same directly to the society.&rdquo;</p>
<p>The President:  &ldquo;The Chair understands that the committee has not 

<hi rend="italics">failed</hi>
 to report, but only ask further time.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I like to enlighten and give information to my friend Brodie.  He is so anxious for information.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;If 

<hi rend="italics">law</hi>
 is to be read, let us have 

<hi rend="italics">all of it.&rdquo;</hi>
  Reads the balance of the section omitted by Dr. Shank, as follows:  &ldquo;in which case a vote of four-fifths of the members present shall be requisite to constitute an election.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b040">040</controlpgno><printpgno>32</printpgno></pageinfo><p>&ldquo;Thus when it is established that the committee 

<hi rend="italics">fails</hi>
 to report, such a motion as that of Dr. Shank would be in order.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I thought Brother Shank didn&apos;t read the law right.&rdquo;</p>
<p>The President:  &ldquo;A good deal of time has been spent needlessly, it seems to me.  We might better pursue the regular order.  I call for the report of the Committee on Publication.  Dr. Jerome is the chairman of that committee.&rdquo;

<superscript>13</superscript></p>
<p>Following the episode the society made a fairly creditable attempt to take up the scientific program.</p>
<p>Dr. Ranney moved that the paper of Dr. Walker on &ldquo;Plaster-of-Paris as a Surgical Dressing&rdquo; be read by title and referred to the Committee on Publication.  (Dr. Ranney was far from being 

<hi rend="italics">persona grata</hi>
 to the University contingent.)</p>
<p>Dr. Palmer objected, &ldquo;Is this a safe precedent, to admit a paper on the title merely and refer it without knowing what it contains?  I have no suspicion of anything objectionable in this particular case, but would call attention to the precedent.  Some man in the future may sent in a paper attacking the president, or perhaps the society, or the University, or anything else, Detroit College or Dr. Lundy.  We know nothing about what it is.  I object to this method of doing business, and suggest the propriety of referring the matter to a committee to investigate.&rdquo;</p>
<p>Dr. Dunster:  &ldquo;The reference does not necessarily imply publication.  It is the duty of the committee to use their discretion about publication.&rdquo;</p>
<p>Dr. Topping:  &ldquo;That is the rule.&rdquo;</p>
<p>Dr. Ranney:  &ldquo;Dr. Walker asks the indulgence as his paper is not quite completed.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;That seems more objectionable.&rdquo;</p>
<p>Dr. Herdman (with exemplary tolerance as being also of the University faculty):  &ldquo;I regret exceedingly that we are not to hear this paper of Dr. Walker&apos;s.  Looking over the lists this is to me of as much interest as any.  We cannot have too many of such.  Even if Dr. Walker has not completed the paper I would like to hear his experience on this subject.  It is a question at present exciting great comment.  I for one would like light upon it.  I move to amend so as to ask for the reading of this paper at this or some subsequent time during the meeting.&rdquo;</p>
<p>Dr. Ranney:  &ldquo;I don&apos;t think he has the paper with him.&rdquo;</p>
<p>The amendment prevailed, and the motion as amended was carried.</p>
<p>After an interval devoted to a committee appointment and the discussion of a paper on &ldquo;Timely Catharsis&rdquo; by Dr. Reynolds (&ldquo;Mental Catharsis&rdquo; is not considered, being obviously superfluous), Dr. Shank moved that the first thing on the order of business in the morning be the report of the Committee on Admissions, and said, &ldquo;I do so in order to give new members an opportunity to vote for officers.  I wish all to have an opportunity of participating in the election.&rdquo;</p>
<p>Dr. Smith:  &ldquo;I move as an amendment that the election take place at 

<pageinfo><controlpgno entity="i1995b041">041</controlpgno><printpgno>33</printpgno></pageinfo>twelve o&apos;clock tomorrow, after the business which many of us are here to engage in, be dispensed with.  I didn&apos;t come here to elect officers, but to hear papers.  I presume there are many others who are similarly situated, and regret that the time of the society is expended in this purposeless wrangling.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I will accept that as an amendment to my motion.&rdquo;</p>
<p>Dr. Smith added that he had no doubt the committee &ldquo;knew enough to report when they desire to report&rdquo;; and also said, &ldquo;it strikes me they will be ready to report in the morning.  I wish to move as a substitute simply, that the election be put off until twelve o&apos;clock tomorrow.&rdquo;</p>
<p>Dr. Shank opposed the substitute.</p>
<p>Dr. Smith:  &ldquo;I don&apos;t understand any other reason but that Dr. Shank wants to get these men in here for political purposes;&rdquo; (was interrupted)&mdash;&ldquo;I think I have the floor.  I think Brother Shank a good deal in the condition Dr. Brodie was this afternoon.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I submit in the first place that the motion of the gentleman cannot, in any common sense, be considered a substitute for my motion.  It relates to a different and entirely foreign subject.  My motion is that the Committee on Admissions be instructed to report immediately after roll-call tomorrow.  I am willing he should append to my motion the words:  &lsquo;and that the election take place at twelve o&apos;clock&rsquo; My object alone is to give those persons who have come here an opportunity for participating in the business of the society.&rsquo;</p>
<p>Dr. Smith:  &ldquo;In the election of officers.&rdquo;</p>
<p>Dr. Smith moved to adjourn.</p>
<p>Which motion was lost.</p>
<p>Dr. Shank:  &ldquo;I renew my motion that the committee be instructed to report immediately after roll-call.&rdquo;</p>
<p>Dr. Whelan:  &ldquo;I support that motion.  That gives me an opportunity to say what I wanted to say.  It seems to me a bad spirit, a spirit of antagonism, prevails here.  I regard Dr. Shank&apos;s motion appropriate.  We have a right to call on that committee tomorrow morning.  I also endorse the suggestion of Dr. Smith.  I hope he will renew his motion to make the election of officers the special order at twelve o&apos;clock.  Let us not waste our time.  It would promote harmony to ask the report of the committee tomorrow morning.&rdquo;</p>
<p>Dr. Dunster:  &ldquo;As Dr. Shank has signified his willingness to accept the amendment of Dr. Smith, would it not expedite matters to take but one vote?&rdquo;</p>
<p>Dr. Palmer:  &ldquo;There is a great variety of questions pending besides the election of officers.  I am not anxious about officers, but I am anxious that these persons who have come from a distance to apply for membership, be treated as those who have been made members heretofore.&rdquo;</p>
<p>&ldquo;This is appropriate and in accordance with precedent.  These persons came here in good faith to participate in the proceedings of the society.  I heartily support Dr. Shank&apos;s motion.&rdquo;</p>
<p>Dr. Smith: &ldquo;Is it a good or profitable thing to bring before the society 

<pageinfo><controlpgno entity="i1995b042">042</controlpgno><printpgno>34</printpgno></pageinfo>the Committee on Admissions?  I do not understand why we should do so.  This committee is composed of good and reputable men; men appointed by the president and accepted by the society.  If there is any doubt about the integrity of these men I would like to know the reason.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Never before since I joined this society did a Committee on Admissions refuse or neglect to report.&rdquo;</p>
<p>Dr. Smith:  &ldquo;Did they refuse?&rdquo;</p>
<p>Dr. Shank:  &ldquo;I said 

<hi rend="italics">neglect or refuse.</hi>
  I desire these applicants be put upon a par with the gentlemen of this society.  Not twenty-four, ten, or even five hours elapsed between the time our names were presented and the report of the committee.  But since this morning these applications have been kept in the hands of the committee and not a report on a single individual.  I say it is unfair.&rdquo;</p>
<p>Dr. Smith:  &ldquo;There have been insinuations here.  Dr. Shank a little while ago either misspoke himself or spoke without thinking, and remarked that he wanted these applicants here the first thing in the morning 

<hi rend="italics">to vote on the election of officers.&rdquo;</hi></p>
<p>Dr. Shank maintained it was still a fair proposition.</p>
<p>Dr. Smith:  &ldquo;It is a fair proposition, and I accept it as such.  It was the doctor&apos;s manner in making it that excited my antagonism.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I agree.  It was 

<hi rend="italics">as made</hi>
 an unfair proposition.&rdquo;</p>
<p>Dr. Snook:  &ldquo;Is there a motion before the house?  I am not a member but my name is in.&rdquo;</p>
<p>Dr. Herdman moved to adjourn, but withdrew the motion,</p>
<p>Dr. Bur renewed the motion.
<anchor id="n042-01">&dagger;</anchor></p>
<note anchor.ids="n042-01" place="bottom">&dagger; Why?  One above alone knows.  Search me in vain forty-five years later.  C. B. B.</note>
<p>It was lost.</p>
<p>Dr. Vaughan&rdquo;  &ldquo;I move that Dr. Snock, of Kalamazoo, have liberty to address the audience.</p>
<p>Carried.</p>
<p>Dr. Snook:  &ldquo;It may seen presumptuous for me, a young man, to attempt thus to pour oil on the troubled waters.  When we invited the society to meet with us here, we expected a quiet, peaceable time.  As one gentleman said, there seems to be an element of distrust creeping in.  I, was a young man, do not wish to see this old feud creeping in, and have these old battles to fight over again.  We desire everything in harmony.  I attend the society with the view of improving, not to witness disturbance.  Young men look with disgust on this spirit of contention.  I have only to ask of you, to beg of you, while partaking of the hospitalities of Kalamazoo, as a society, to do so in peace and harmony.&rdquo;</p>
<p>On motion adjourned.

<superscript>13</superscript></p>
<p>Refreshed and invigorated after a night&apos;s sleep, the troops were ready for the pitched battle which occured following the long delayed report of the Committee on Admissions.</p>

<pageinfo><controlpgno entity="i1995b043">043</controlpgno><printpgno>35</printpgno></pageinfo><p>The committee reported adversely on the application of Dr. G. A. Hendricks.</p>
<p>Dr. Palmer:  &ldquo;Is it proper to ask on what grounds?  I would like to know.  I know Dr. Hendricks as a man of good character.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I move the acceptance of the report.&rdquo;</p>
<p>Dr. Brodie read the following letter from Dr. Hendricks, assigning the writing of it as the ground on which the committee&apos;s adverse report was based:</p>
<p>University of Michigan,
<lb>
Ann Arbor, 5-11-1883.</p>
<p>Dear Doctor:</p>
<p>Knowing you to have been a warm supporter of Professor Maclean in former attacks made on him, I feel that I can now safely call upon you to assist in averting a new assault against his character and his position.</p>
<p>Not content with the unfair treatment which he received from the State Medical Society of last year under the leadership of Dr. F. Pratt it is now proposed to take advantage of the infamous libel of the 

<hi rend="italics">Evening News</hi>
 to still further injure and insult him.  The jury has vindicated him, and so have the people who know him most intimately.</p>
<p>The interests of the profession demand that the verdict of the Detroit jury should be endorsed.  The 

<hi rend="italics">Evening News</hi>
 has always abused the profession; therefore the profession should embrace this opportunity to sustain the verdict in favor of one of its members against the 

<hi rend="italics">News,</hi>
 independently of all personal feelings.</p>
<p>Can you make it convenient to attend the convention to be held May 7th and 8th at Kalamazoo, to assist in crushing certain damaging propositions which a few designing enemies hope to carry?
<lb>
Very sincerely,
<lb>

<hi rend="smallcaps">G. A. Hendricks</hi></p>
<p>Dr.&mdash;&mdash;:  &ldquo;I would like to ask in what way this violates the code of ethics.&rdquo;</p>
<p>Dr.&mdash;&mdash;:  &ldquo;He is not violating any code, as he is not a member f the society.  A person who could do this is not fit to become a member.&rdquo;</p>
<p>Dr. Boise:  &ldquo;I fail to see any expressions about the society derogatory to its character or to the character of the applicant.  He speaks of certain persons, a clique.  It is not the society.  He does not mention them as 

<hi rend="italics">the society</hi>
.&rdquo;</p>
<p>Dr. Brodie then read an extract from the letter.</p>
<p>Dr. Boise:  &ldquo;I do not understand that expression as meaning that the design of 

<hi rend="italics">the society</hi>
 is to crush.  Read with different accentuation, I think you will find this is for the purpose of assisting in crushing.  His attendance is requested for that purpose.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;Just the contrary.&rdquo;</p>
<p>Dr. Boise:  &ldquo;A difference of opinion between the gentleman and myself.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;Mr. President, I feel called upon to say a few words on this subject.  I don&apos;t feel myself responsible for any private letters which Dr. Hendricks, or any other man may write.  He is a man of character, intelligent and in every way qualified to become a member of this society.  He is a friend of mine, and I am his friend.  He understood, and you all understand, the facts to which reference is made in the letter.  I have been unfairly treated by members of this society in time gone by.  At the Lansing meeting I read a paper before the society which was listened to with marked attention. 

<pageinfo><controlpgno entity="i1995b044">044</controlpgno><printpgno>36</printpgno></pageinfo>It was the only paper excluded from the transactions.  It was referred to, and the claim was made that it could not be procured, because I was in Europe.</p>
<p>Dr. Ranney:  &ldquo;I wrote for it to Ann Arbor.&rdquo;</p>
<p>Dr. Maclean (continuing):  &ldquo;Then, in the next place, last year I proposed to show a little act of courtesy to members of the society.  I tendered an invitation to them to attend an operation for ovariotomy.  The invitation was given with the kindest spirit and in open meeting.  If any single member had said, &lsquo;Your invitation will interfere with the business of the society,&rsquo; I should have withdrawn it.  More than one-half of the members attended my clinic.  Operations for ovariotomy every surgeon takes interest in seeing.  Every case has its special peculiarities and is of interest.  My invitation was appreciated, as shown by the fact that, as I said, fully one-half of the members accepted it.  The operation was arranged for an early hour so that it would interfere to but a slight extent with the work of the society.  During the absence of myself and those members an entire change of the program was made.  The society took up the election of officers.  The president at present occupying the chair was elected by twenty-three votes.&rdquo;</p>
<p>Dr. Tupper:  &ldquo;Is this in order?&rdquo;</p>
<p>The President:  &ldquo;I think he is taking a pretty large latitude.  The question is on the acceptance of the report.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;I will state my motion now.  I move that Dr. Hendricks be received as a member.  The letter he was written is true, but has in fact nothing to do with the society as a whole.  It refers to matters he has a right to refer to.  The letter was not printed or published.  It was addressed under seal to the gentleman who received it.  Under the circumstances I don&apos;t see how he has violated any portion of the code of ethics or good manners or decency.  I don&apos;t see any excuse for excluding him.  Dr. Hendricks was informed (I am prepared to give names) a combination was to be made here for the purpose of introducing some resolutions, or taking some action embarrassing to me.  I ask, if you knew of a friend being placed in that position, of a friend you knew or believed you knew was right and deserving of support, if you would not use every means to support him?&rdquo;</p>
<p>The President:  &ldquo;The motion before the house is to accept the report of the committee.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I made that motion for the purpose of getting it before the house.&rdquo;</p>
<p>The President:  &ldquo;The question is upon accepting this report and discharging the committee from the further consideration of the subject.&rdquo;</p>
<p>Carried.</p>
<p>Dr. Pratt:  &ldquo;I move that the report be adopted.&rdquo;</p>
<p>Cries of &ldquo;question, question.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I think I know my rights.  I move that the report be so amended as to recommend his election.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;You cannot amend a committee&apos;s report.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b045">045</controlpgno><printpgno>37</printpgno></pageinfo><p>Dr. Shank:  &ldquo;I cannot, but the house can.  I renew Dr. Maclean&apos;s motion to amend the report by recommending his election.&rdquo;</p>
<p>The President:  &ldquo;This would make a committee a farce.  I cannot entertain the motion.&rdquo;</p>
<p>Dr. Shank:  &ldquo;Did you deny the right of this house in the work of the committee?  There is no disrespect intended to the Chair, but this body is now in possession of that paper, and we have a right to do with it as we please.  I move that the report be amended.&rdquo;</p>
<p>Dr. Southworth:  &ldquo;I understand from the by-laws, that the report of the Committee on Admissions is final.  I don&apos;t think this society has anything to do with it whatever.  If by that report a person is rejected, that ends it for the present.&rdquo;</p>
<p>Dr. &mdash;&mdash; (interrupting):  &ldquo;He says he won&apos;t entertain any motion now.&rdquo;</p>
<p>The President:  &ldquo;One at a time.&rdquo;</p>
<p>Dr. Southworth:  &ldquo;The question of adoption should come before the house in the regular order.  The by-laws give direction to this whole thing.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;The matter is in the hands of the society.  The by-laws provide what the society can do in the matter.  It requires a four-fifths vote to elect him.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;Read the by-law, if your please.&rdquo;</p>
<p>Dr. Smart:  &ldquo;I rise to a point or order.  It seems to me we are getting this mixed.  There is a motion to adopt this report made by Dr. Southworth and seconded.  There is now pending a motion to adopt.&rdquo;</p>
<p>Dr. Shank:  &ldquo;On the motion of Dr. Southworth I offered to amend the question.  My motion is to amend the report so as to recommend him for election.  Now, sir, one word relative to this.&rdquo;  (To Dr. Brodie):  &ldquo;Doctor, sit down, please, you embarrass me.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;That is my intention.&rdquo;</p>
<p>Dr. Shank:  &ldquo;I was going to say that this committee has no more to do with this report.  They have only to do with it as members of this society.  They have made their report; we have accepted it.  It is now the property of this society.  This society owns it.  We can do with it what we please.&rdquo;</p>
<p>Dr. Southworth:  &ldquo;For that reason I move that it be adopted.&rdquo;</p>
<p>Dr. Shank:  &ldquo;But while a question is pending a motion to amend it is in order.  Now let&apos;s take the sense of this society as to whether we like this report.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;I rise to a question of order.  I wish to read the section of the by-law Dr. Brodie read 

<hi rend="italics">so that it can be understood by the meeting.&rdquo;</hi>
  (Reads section 2 of article 3 of the by-laws.)  &ldquo;That is the law.  Nothing is said about where the committee report unfavorably.  This is where they 

<hi rend="italics">fail</hi>
 to report.  Then a four-fifths vote is required.  That is 

<hi rend="italics">when they report unfavorably.&rdquo;</hi></p>
<p>Dr. Alvord:  &ldquo;We have no precedents for the last eighteen years for just 

<pageinfo><controlpgno entity="i1995b046">046</controlpgno><printpgno>38</printpgno></pageinfo>such a case as this.  I hope Dr. Shank&apos;s amendment will be recognized by the Chair.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;This is our constitution and by-laws.  It strikes me it would be well to look a little carefully at what we are doing.  The constitution of the society provides&mdash;&rdquo;</p>
<p>Dr. Shank (interrupting):  &ldquo;Where are you reading, Doctor?&rdquo;</p>
<p>Dr. Pratt:  &ldquo;From page 273.&rdquo;</p>
<p>Reads Section 2, Article 3, of the by-laws.  During the reading the doctor was interrupted.  He stopped and remarked:</p>
<p>&ldquo;I will make my point clear before I get through.&rdquo;</p>
<p>When the committee fails to report, the by-laws require a four-fifths vote to elect.  I have been somewhat familiar with the proceedings of this society for many years.  There has 

<hi rend="italics">never been a single instance</hi>
 where a man reported on 

<hi rend="italics">unfavorably</hi>
 has been elected.  You cannot cite me to a single instance in the history of this society.&rdquo;</p>
<p>A voice:  &ldquo;Nor anywhere else.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;If a committee 

<hi rend="italics">fails</hi>
 to report on a candidate, and it requires a four-fifths vote to elect him, it is manifest to any intelligent gentleman that it should require a 

<hi rend="italics">unanimous vote, if they report against him.</hi>
  I have stated my position in a few words.  In regard to Dr. Shank&apos;s amendment for amending the committee&apos;s report:  If a committee of a legislative body make a report that body may amend the bill or resolution, but they 

<hi rend="italics">cannot amend the report.</hi>
  When a committee unanimously, or by a majority, say they hold certain views on a certain question, it is not competent for a body for whom they act to change that report so as to change the opinion of the committee.  This body would stultify itself in undertaking to amend the report.  This committee has made a report, giving its reasons for rejecting a candidate.  This society cannot change that report.  That report is the work of the committee and the expression of its opinion.  This society cannot put either opinions, facts, or statements into the mouth of the committee.&rdquo;</p>
<p>Dr. Dunster:  &ldquo;The gentleman who has preceded me is quite correct in the parliamentary aspect of this matter.  The gentleman [Dr. Shank] should have made his motion not to amend the report but to amend the motion of Dr. Southworth.  The report has been disposed of.  Now this gentleman&apos;s [Dr. Southworth&apos;s] motion can be amended if the house chooses to do so.&rdquo;</p>
<p>Dr. Chase:  &ldquo;I rise to call attention to a point.  In the report of the committee there are two points involved.  For the sake of voting intelligently it is allowable to divide.  We can vote on its acceptance&mdash;&mdash;</p>
<p>A voice:  &ldquo;That has been voted on.&rdquo;</p>
<p>Dr. Chase:  &ldquo;Another point I wish to make mention of:  Dr. Pratt while on the floor said that the vote should be unanimous.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;I asked the question; I didn&apos;t make any statement.&rdquo;</p>
<p>Dr. Chase:  &ldquo;The point I make is this: that two members of this society have recommended the applicant for membership.  Are they going to stultify themselves?&rdquo;</p>

<pageinfo><controlpgno entity="i1995b047">047</controlpgno><printpgno>39</printpgno></pageinfo><p>Dr. Pratt:  &ldquo;Dr. Chase, I don&apos;t think you understand the question.&rdquo;</p>
<p>Dr. Chase:  &ldquo;I understand your point.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;But the situation of this case before the house?&rdquo;</p>
<p>Dr. Chase:  &ldquo;I ask that the report be divided into two portions.&rdquo;</p>
<p>The President:  &ldquo;The question is on the adoption of the report.&rdquo;</p>
<p>Dr. Chase:  &ldquo;I say I have a right to present this question, and ask them to divide that into two question so that we may vote upon those who have been favorably reported on and then on the others.&rdquo;</p>
<p>The President:  &ldquo;I don&apos;t see that Dr. Chase had made any point.&rdquo;</p>
<p>Dr. Shank:  &ldquo;If we vote to adopt this report in what condition does it leave this candidate?&rdquo;</p>
<p>A voice:  &ldquo;Just where it is now.&rdquo;</p>
<p>Dr. Shank:  &ldquo;A rejected candidate.  Is this not true?  As to my friend Pratt&apos;s parliamentary law, it is simply this:  He says we can&apos;t amend.&rdquo;</p>
<p>Dr. Southworth:  &ldquo;I call Dr. Shank to order.&rdquo;</p>
<p>Dr. Shank:  &ldquo;The question is this:  I made a motion to amend the committee&apos;s report so as to recommend that he be elected.&rdquo;</p>
<p>The President:  &ldquo;I cannot entertain the motion.&rdquo;</p>
<p>Dr. McColl:  &ldquo;I rise to a point of order.  I think this whole discussion is out of order.  We have a judicial council, to whom such matters should be referred.&rdquo;</p>
<p>Dr. Shank:  &ldquo;But he is not a member of this society.&rdquo;</p>
<p>On suggestion of Dr. McColl, the president referred the whole matter to the Judicial Council without further action.</p>
<p>Dr. Noyes:  &ldquo;I would like to ask the president if those gentlemen reported on favorably are elected?&rdquo;</p>
<p>Dr. Pratt:  &ldquo;No doubt about it.&rdquo;</p>
<p>The President:  &ldquo;They were so declared.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;I rise for information.  Is the recommendation of the committee final and absolute?  If the Judicial Council decides against a member is that final?&rdquo;</p>
<p>The President:  &ldquo;Yes, that is final.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;Then this matter is in the hands of a few members.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;This is the same practice that prevails in the American Medical Association.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;I hope we shall be very careful about the election of the Judicial Council this year.&rdquo;</p>
<p>A voice:  &ldquo;We better elect Dr. Palmer.&rdquo;</p>
<p>The president announced that the next in the regular order of business would be the election of officers.  He appointed as tellers Drs. Tupper and Kinne.</p>
<p>Dr. Southworth asked for the reading of that section of the by-laws in reference to the election of officers, and said he hoped there would be no more quibbling.</p>

<pageinfo><controlpgno entity="i1995b048">048</controlpgno><printpgno>40</printpgno></pageinfo><p>The report of the Committee on Nominations was then read by Dr. Tyler, chairman, as follows:
<lb>

<list type="simple">
<item>
<p>First Vice President&mdash;Dr. Horace Tupper, Bay City.</p></item>
<item>
<p>Second Vice President&mdash;Dr. I. S. Hamilton, Tecumseh.</p></item>
<item>
<p>Third Vice President&mdash;Dr. H. B. Barnes, Ionia.</p></item>
<item>
<p>Fourth Vice President&mdash;Dr. Augustus Kaiser, Detroit.</p></item>
<item>
<p>Judicial Council&mdash;Drs. Foster Pratt, Kalamazoo; H. B. Shank, Lansing; S. P. Duffield, Dearbornville.</p></item></list></p>
<p>Delegates to American Medical Association&mdash;Drs. Hal. C. Wyman; J. B.Book; William Brodie; L. Connor; C. J. Lundy, in place of J. H. Bennett, declined; Eugene Smith, in place of E. L. Shurly, decline; W. J. Herdman, in place of E. S. Dunster, declined; A. B. Palmer; D. Maclean, in place of William F. Breakey, declined; Foster Pratt; A. R. Smart; J. Andrews; S. S. French; C. H. Lewis; F. K. Owen; Jas. D. Munson; Hugh McColl; A. F. Hagadorn; H. Williams, in place of J. H. Jerome, declined; L. W. Bliss; W. N. Smart; Geo. E. Ranney; Chas. T. Southworth; I. R. Shepard; C. V. Beebe; S. P. Duffield, in place of W. E. Dockery, declined; W. L. Dickinson; G. K. Johnson.</p>
<p>Dr. Vaughan:  &ldquo;I have a substitute for the nominations which have been made.  I want to know whether the substitution is to come in now.&rdquo;</p>
<p>The president explained that the first question should be the acceptance and adoption of the committee&apos;s report.</p>
<p>Dr. Vaughan moved to 

<hi rend="italics">accept</hi>
 merely.</p>
<p>Dr. Noyes:  &ldquo;Is the number of delegates mentioned as many as this society can elect.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;The full number.&rdquo;</p>
<p>Dr. Noyes:  &ldquo;I want to go to that Association and I intend to go.&rdquo;</p>
<p>The President:  &ldquo;I don&apos;t know that I can do anything about that.&rdquo;</p>
<p>The report of the committee was accepted.</p>
<p>The following substitute for the committee report was offered by Dr. Vaughan.</p>
<list type="simple">
<item>
<p>First Vice President&mdash;Dr. H. B. Shank, Lansing.</p></item>
<item>
<p>Second Vice President&mdash;Dr. S. P. Duffield, Dearborn.</p></item>
<item>
<p>Third Vice President&mdash;Dr. J. V. Edie, Grand Rapids.</p></item>
<item>
<p>Fourth Vice President&mdash;Dr. J. F. Noyes, Detroit.</p></item>
<item>
<p>Treasurer&mdash;Dr. N. W. Webber, Detroit.</p></item>
<item>
<p>Recording Secretary&mdash;Dr. A. D. Hagadorn, Lansing.</p></item>
<item>
<p>Members of Judicial Council&mdash;Dr. J. Andrews, Paw Paw; Dr. Edward Snow, Dearborn; Dr. H. Williams, Saginaw.</p></item></list>
<p>Delegates to the American Medical Association&mdash;Drs. C. Shepard, J. T. Main, J. W. Hagadorn, J. F. Snow, E. S. Dunster, J. V. Edie, J. F. Noyes, C. Georg, A. D. Hagadorn, E. P. Christian, N. H. Williams, R. J. Shank, Edward Snow, Gordon Chittock, H. C. Paddock, R. LeBaron, D. Maclean, C. J. Lundy, William Burtless, J. B. Griswold, A. F. Whelan, A. H. Reed, E. H. Van Deusen, W. L. Dickinson, E. L. Shurly, William Brodie, S. H. 

<pageinfo><controlpgno entity="i1995b049">049</controlpgno><printpgno>41</printpgno></pageinfo>Clizbee, M. H. Raymond, D. W. C. Wade, J. N. Elliot, H. F. Ewers, S. P. Duffield.</p>
<p>Dr. Brodie:  &ldquo;He has called names not members of this society.&rdquo;</p>
<p>Dr. Duffield:  &ldquo;I would like to ask Dr. Vaughan to leave my name off.&rdquo;</p>
<p>Dr. Lundy:  &ldquo;I believe I am nominated as one of the delegates to the American Medical Association on this substitute.  While I would be glad to go as a delegate to the Association, and have so expressed myself, because I am not a member of that body, I would not be willing to go as a delegate if elected under the present circumstances.  I am not a party to either side of this controversy and cannot accept an election in this way, while I would have been pleased to if nominated in the regular order.&rdquo;</p>
<p>Dr. Kimball:  &ldquo;I move the adoption of the substitute.&rdquo;</p>
<p>Dr. Whelan:  &ldquo;I rise to withdraw my name.  I am already a delegate from the Michigan Southern Medical Society.&rdquo;</p>
<p>Dr. Webber:  &ldquo;My competitor is a warm personal friend.  I cannot permit my name to be used on this substitute against his.&rdquo;</p>
<p>Dr. Noyes:  &ldquo;I wish to withdraw my name as one of those nominated as delegate to the American Medical Association.&rdquo;</p>
<p>At this point it was moved that several names be substituted in Dr. Vaughan&apos;s report.</p>
<p>Dr. Pratt:  &ldquo;I rise to a point of order.  Dr. Vaughan introduces a substitute for the report of the committee, and very properly characterizes it as his motion.  It has been alluded to by others as a 

<hi rend="italics">report,</hi>
 which will soon be corrected by this body.  When Dr. Vaughan has fixed his 

<hi rend="italics">motion</hi>
 (we do not known him as a 

<hi rend="italics">committee</hi>
 of this body) we may be prepared to vote.&rdquo;</p>
<p>Dr. Vaughan:  &ldquo;What objection is there to names being withdrawn and others substituted?&rdquo;</p>
<p>Dr. Pratt:  &ldquo;Until you have fixed your 

<hi rend="italics">motion</hi>
 satisfactorily we do not propose to engage in motions to substitute.  I was not aware that you were a committee of this body.&rdquo;</p>
<p>Dr. Vaughan:  &ldquo;I didn&apos;t speak of this as a 

<hi rend="italics">report.&rdquo;</hi></p>
<p>Dr. Hitchcock:  &ldquo;I would like some information.  I didn&apos;t come in as early as I would have been happy to.  I would like to know what the 

<hi rend="italics">true inwardness</hi>
 of this is.  I don&apos;t know exactly.  If anybody will tell me I will be prepared to vote.&rdquo;</p>
<p>Dr. Jerome:  &ldquo;Dr. Vaughan can tell you.&rdquo;</p>
<p>The motion to adopt the report of the committee was carried.</p>
<p>Dr. Herdman:  &ldquo;As no opportunity has been afforded newly elected members to complete their membership, and as they are not allowed by the law of our society to participate in discussions or vote on officers&mdash;&rdquo;</p>
<p>Dr. Tyler:  &ldquo;The gentleman is out of order.  It is now in order to proceed to the election of officers.&rdquo;</p>
<p>The President:  &ldquo;That is the decision of the Chair.&rdquo;</p>
<p>The secretary announced that the most of those elected had already completed their membership.</p>

<pageinfo><controlpgno entity="i1995b050">050</controlpgno><printpgno>42</printpgno></pageinfo><p>Dr. Hemenway:  &ldquo;As one of the applicants for admission, who has been voted on for membership, I beg leave to withdraw my name.  I offered my name under the impression that this was a body formed for the purpose of scientific&mdash;&mdash;&rdquo;</p>
<p>Cries of &ldquo;order, order!&rdquo;</p>
<p>Dr. Southworth moved that the society proceed to an informal ballot for president.</p>
<p>The motion prevailed.</p>
<p>On motion of Dr. Tupper, the secretary was instructed to call the roll that members might come forward and deposit their ballots.</p>
<p>Dr. Smart:  &ldquo;I rise to present the claims of the southern part of this state upon this society.  We do not come to beg of you.  We are not in the attitude of claimants; but we have a territory in the southern part of the state which contains a number of medical men members of this society.  We have an active working organization.  For eighteen years in this society we have not had a representative in the chair.  We think it due us that we should have.  We think we have valid and cogent reasons for offering you a nominee for position.  We do not wish to offer you any one for the sake of giving him merely a personal support.  We do not think it proper, or within the province of this society, to select a president for such reasons.  We think it proper to select some man who is entirely independent of any of the various conflicting influences, whose action has been so apparent in this body, independent of any institutions; to select a man who shall purely represent the profession of this state, and outside the interest of any institution or body.  I take pleasure in tendering to you the name of a worthy, long established practitioner of the locality to which I have referred, a man for thirty years past in the front rank of the profession, and who has never trailed its banners in the dust, a member of this society almost from its inception, a man experienced in presiding, and one who will do honor to the position, whose election would be a fitting act of justice on your part.  I present to you the name of Dr. A. F. Whelan, of Hillsdale.&rdquo;</p>
<p>Dr. French:  &ldquo;I have long known the gentleman spoken of by Dr. Smart.  I have been with him in the field.  I heartily endorse his nomination.&rdquo;</p>
<p>Dr. Hitchcock:  &ldquo;Perhaps some members of this society will remember that three years ago I advocated the candidacy of this gentleman; I advocated it 

<hi rend="italics">one</hi>
 year age, and we felt that it ought to have come to fruitage 

<hi rend="italics">them</hi>
.  My advocacy of his candidacy is perennial.  Not 

<hi rend="italics">annual,</hi>
 but 

<hi rend="italics">perennial,</hi>
 because friendship is enduring and professional confidence is enduring.  I second his nomination, sir, not because he is a friend or a nominee of the University; not because he is a friend or a nominee of the Detroit Medical College; not because he is a friend or the nominee of the Michigan College of Medicine, but because he is a member of the profession of medicine, the working, active profession of medicine; because he has always honored that profession and stood up boldly and nobly.  Some trees do not bear fruit until they are three 

<pageinfo><controlpgno entity="i1995b051">051</controlpgno><printpgno>43</printpgno></pageinfo>years old.  I believe this will be so with this man&apos;s candidacy.  Three years and it will come to a fruitage.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;I rise to move that Dr. Whelan&apos;s nomination be made unanimous.  I move that this be done by acclamation.&rdquo;</p>
<p>A voice:  &ldquo;You can&apos;t do it.&rdquo;</p>
<p>Dr. Jerome:  &ldquo;The secretary can deposit the ballot for the society.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;I want to say one word; it is this:  I have advocated Dr. Whelan&apos;s claims as strongly as any member in years past.  I felt pained that owing to my mistaken courtesy Dr. Whelan was defeated last year.  It would be uncandid, unfair, and entirely out of character for me to stand up here and say I knew nothing of any other movement.  I have enthusiastic friends, I might say admirers, who have proposed to oppose me to Dr. Whelan, and for reason I do not care to go into.  I still feel that the action of this society in the matter of electing a president is not essential.  I admit Dr. Whelan has higher claims than I.  He is an older man; an older member.  I would not have been a candidate now, perhaps not for years to come, had I not been influenced by certain considerations.  I move that the secretary be authorized to cast the ballot of the society for Dr. Whelan.&rdquo;</p>
<p>The ballot was deposited by the secretary.</p>
<p>Dr. Tupper:  &ldquo;The result of this election seems to be unanimous for Dr. A. F. Whelan.&rdquo;</p>
<p>The President:  &ldquo;Dr. A. F. Whelan, of Hillsdale, is unanimously elected president of the society for the ensuing year.&rdquo;</p>
<p>Dr. Tyler announced that in selecting the names of delegates the Committee on Nominations had, so far as practicable, inquired of members if they would like to attend the meeting of the American Medical Association.  In making the nominations the committee had been largely governed by the replies received.  He regretted that the names of any members who would like to go had been omitted.</p>
<p>Dr. Pratt:  &ldquo;The delegation has been divided as far as possible geographically.  If there has been any favor shown any locality, it has been Detroit.  Detroit one-twelfth the population of Michigan.  It has one-sixth of the representation.&rdquo;</p>
<p>Dr. Tupper:  &ldquo;If in order, I move that this question be referred to the president and secretary, and that they have power to fill any vacancies on the delegation.&rdquo;</p>
<p>The motion prevailed.  

<superscript>13</superscript></p>
<p>Dr. Post (a partner of Dr. Ranney) asked permission to read his paper on &ldquo;Water and Its Relation to Health and Disease&rdquo; by title, as it was somewhat lengthy.</p>
<p>Dr. Palmer:  &ldquo;I don&apos;t think this is the best way to proceed.  We can listen to a certain portion of the paper if the doctor cannot read the whole.  I do not think this is a good precedent.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b052">052</controlpgno><printpgno>44</printpgno></pageinfo><p>The lengthy report on the president&apos;s address evoked the following lengthier and spicier discussion:</p>
<p>Dr. Palmer:  &ldquo;I feel called upon as a member of the faculty of the University of Michigan to make some remarks, explanations and replies, I hope in an entirely impersonal manner and kindly spirit, to the severe attack, as I regarded it, and I believe the society generally regarded it, which was made by the president upon the University in his annual address.  (When speaking of the University, I refer, of course, to the medical department.)</p>
<p>&ldquo;It is hardly possible to enter upon this discussion without calling to mind the whole character of the paper as far as it referred to the University.  All that preceded the remarks on the University by the president met my hearty approval.  I was pleased with that he said about the recognition of medicine as a science.  The president commenced on the subject of the University by stating (according to some notes I made at the time) that there was a want of harmony between the state society and the medical department.  That there is such a want of harmony between certain 

<hi rend="italics">individuals</hi>
 of this society and of the medical department must be admitted by all those who have observed the proceedings of the society for some years past; and this want of harmony was certainly demonstrated by the president&apos;s address.  The medical professors (I, certainly), had an intimation of this attack a week or more ago.  It came through a person residing at Lansing.  Word came to us that there was to be an attack made in this society upon the medical department of the University&mdash;upon its very existence.  Whether it was to come in the form of a resolution, or in some other way, we were not informed, and I wish to say that my own presence here, leaving my duties at the University, leaving my clinic and lectures, was in part in consequence of the expectation that such an attack would be made.  Let me say further that not only am I here on that account, but that a number of the alumni of the University are here for the same reason.  We are not here altogether with reference to any individual, but with reference to the interests of the institution we have been so long laboring to build up and establish.  We have learned the mode of attack in the president&apos;s address, and we learned further the sentiment of some members in the strenuous effort which was made to have the address sent to the Committee on Publication without discussion.</p>
<p>&ldquo;Now, medicine, by the 

<hi rend="italics">organic law of Michigan,</hi>
 and of the University is recognized as a 

<hi rend="italics">science,</hi>
 and provisions is made for its teaching.  The president in his address very properly alluded to medicine as a science and an art.  And I repeat, it is so recognized in the organic law of Michigan, and it will require a change in the organic law to have it otherwise.  The president recognized the permanent establishment of the medical department, but attacked this policy, arguing against it necessity and propriety.  He said there were physicians enough and more than enough in the country without such aid in preparing and educating them.  Arguing against its propriety, the address descended to particulars.  I wish to say again that I hope my remarks will be regarded as impersonal.  Men are of little consequence comparatively; 

<pageinfo><controlpgno entity="i1995b053">053</controlpgno><printpgno>45</printpgno></pageinfo>they come and go.  Institutions are of much more consequence, and principles are eternal.  The 

<hi rend="italics">fact</hi>
 of the existence of the medical department is clear.  It was recognized as a fixed fact by the president, who seemed to think it must continue.  He had no hope, apparently, of extinguishing it.  He only proposed remedies for mitigating the evil, and the first suggestion he made was to have the University adopt means for securing a higher standard of study and attainments in the profession generally.  Of course I shall not take issue with the president in regard to that proposition.</p>
<p>&ldquo;Now what have we done in securing or endeavoring to secure higher standards in the profession?  When the medical department was organized, I think almost every medical school in this country had terms of four months or sixteen weeks of lectures.  Two such were required for a course.  The University required six months in a term, and two terms for a course.  The University has gone on since that time slowly increasingly the amount of instruction, and the number of subjects upon which instruction is given.  Extensive laboratories have been arranged for practical work.  Within the last few years we have required an attendance on these courses of instruction of 

<hi rend="italics">nine</hi>
 months each.  We require an amount of laboratory work which I believe is 

<hi rend="italics">unequaled</hi>
 by any medical institution in this country.  We teach more practical chemistry, more practical anatomy, more practical histology, more pathological anatomy, more practical work day after day, week after week, month after month, year after year.  I don&apos;t except even Harvard in the amount of work required of every student.  During the last year particularly we have had courses of instruction in practical physiology not inferior to any course given elsewhere, so far as I know.  Those terms of nine months, a thorough examination, calling in here the aid of the profession outside of the faculty, indicate our effort to do thorough work.  We quite agree that it is the duty of the medical department constantly to raise its requirements and furnish a more complete and higher grade of instruction for students.</p>
<p>
<hi rend="italics">&ldquo;Second.</hi>
&mdash;The address stated the possibility and desirableness of combined action between the regents and the state society in securing legislation respecting the higher qualifications of physicians.  This would be glad to have done, and also to secure proper laws to protect the people against quackery.  There is no issue here.</p>
<p>
<hi rend="italics">&ldquo;Third.</hi>
&mdash;We should stop the injustice of giving gratuitous treatment to patients.  A particular proposition of that kind was made in the address.  It was opposed to treating gratuitously paupers from county houses in the hospital and clinics, as disparaging poorhouse physicians.  The president said those who were able to pay were treated gratuitously, and we were thus robbing the profession of their proper income.  Now if cannot have the poor to treat in hospitals, and cannot have persons who are able to pay, I would like to know how we are to have a hospital.  How can any hospital exist if the president&apos;s objection are sound and his plan carried out?  The proposition is equivalent to abolishing absolutely and completely all hospital and clinical instruction.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b054">054</controlpgno><printpgno>46</printpgno></pageinfo><p>The President:  &ldquo;I wish to correct.  I simply wish to say that with reference to the poor there was nothing said about them; the only reference to the poor being made in quoting from the address of Bishop Gillespie.  It is looked upon as an advertisement.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;Does the president say that he didn&apos;t make any statement in his address, that by taking the poor from poorhouses to treat, the poor-house physicians were disparaged?&rdquo;</p>
<p>The President:  &ldquo;The assumption made by Bishop Gillespie was disparaging to them.  But in the recommendations the substance was that they treated those abundantly able to pay their bills.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;A point once raised against us by the profession, and very justly, was that we had no clinical advantages.  At first we had no hospital.  Now we have, and clinical advantages.  We have a very rich clinic, embracing chronic diseases of every character.  We have made that clinic what it is at a cost of much effort.  There is a certain number from among the abject poor picked up in the streets.  In the State of Michigan, fortunately, we are not abundantly supplied with this class.  We cannot have patients come to us from a distance, or from any place, without comparisons being made in respect to treatment, but the idea of 

<hi rend="italics">disparaging</hi>
 physicians by taking patients who come to us is absurd.  I do not feel I am disparaged by Dr. Connor [who was present] professing to make a specialty of diseases of the eye, and I am not disparaged by sending to him or others such cases.  I do not think a county physician, who takes the business of the country-house because he is the lowest bidder, is disparaged by sending a case of cataract, for instance, to the University, to be operated upon by one who gives special attention to that operation.  It is impossible, certainly, to have a clinic unless we can have the poor.  Patients come to us; we receive and do the best we can for them, come from whatever source they may.  We cannot always know their pecuniary ability.  The objections of the address, if sustained, would close every hospital and abolish every clinic in the land.</p>
<p>&rdquo;

<hi rend="italics">Fourth.</hi>
&mdash;The next proposition is that the faculty should stop the &lsquo;greater injustice&rsquo; of treating at Ann Arbor non-resident patients without giving the fees to the University.  Well, now, a mann who is capable of giving proper instruction, and is called to a position in the University, is supposed to have respectable professional ability.  The idea that a salary of $2,000 or $2,200 should deprive him of the privilege of doing any business of a private character, I leave you to judge of.  It seems absurd to us.  The Regents of the University employ me and other men to do certain work.  If we do what work we have to do, and do it well, our time is our own that is not necessary to the performance of that duty.  The idea seemed to me very absurd that we should pay over the money obtained from private practice to the Board of Regents.</p>
<p>&rdquo;

<hi rend="italics">Fifth.</hi>
&mdash;The president proposed to stop what he called the unwarranted and extensive advertising of the college and hospital.  At this point severe strictures were made upon Bishop Gillespie.  I know Bishop Gillespie.  He was 

<pageinfo><controlpgno entity="i1995b055">055</controlpgno><printpgno>47</printpgno></pageinfo>my pastor for many years.  I know what his labors have been in the State of Michigan as chairman of the Board of Charities.  I know he was visited nearly or quite every poorhouse in this state, and examined into the condition of the inmates, the insane, the blind, the sick and the maimed.  He understands this subject thoroughly.  He is a man who has a heart large enough to embrace not only his diocese and his church, but God&apos;s poor of the state.  He feels an interest in them and tries to relieve them of their sufferings.  He has lived at Ann Arbor.  When with us, nearly every Sunday he visited the jail and the poorhouse.  He held services at these places, encouraged and comforted the inmates.  He knew that we were trying to do at the University hospital.  He had not the gift of miraculous healing like his Master, but was obliged to resort to human instrumentality to relieve suffering, and he referred to the instrumentality he thought most efficient in accomplishing his object.  To have such a man arraigned in an address in this way, as improperly advertising a state institution, seems to me extremely out of place.  But, however wrong, in his desire to relieve suffering, it may have for him to have made the remarks he did, we certainly are not responsible for them.  We knew nothing of them until they were uttered and published.  The bishop is alone responsible for what he said, and he can well afford to bear that responsibility.  Bishop Gillespie is above such criticism.  He not only 

<hi rend="italics">deserves,</hi>
 but he 

<hi rend="italics">receives</hi>
 the gratitude of the people of Michigan for his benevolent efforts for the afflicted poor of the state.</p>
<p>&ldquo;The University is accused of advertising!  Whenever we, of this society, publish our transactions, we are advertising ourselves, necessarily.  Every physician who treats a patient, through that patient advertises himself.  There has been no improper advertising on the part of the University.  No one can put his finger upon an instance of unjustifiable, laudatory, or improper advertising.  The strictures were entirely uncalled for and unwarranted.  Are we to retire into our shells and suppress the fact of the existence of the hospital or school?  Can we build up and maintain a school or fulfill our duties as professors&mdash;duties imposed upon us by the law of the University&mdash;by saying and doing nothing to build up the hospital or sustain the school?  Are we, indeed, under obligations to prevent others from doing so?  Can any institution be built up in this way?</p>
<p>&rdquo;

<hi rend="italics">Sixth.</hi>
&mdash;The address stated that we should consult the State Medical Society or profession of the state in the appointment of professors.&rdquo;</p>
<p>The President:  &ldquo;It was suggested whether it might not be practicable in the interests of harmony.  I did not arraign Bishop Gillespie, except to quote his own language.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;Well, how is that done?  How are professors selected? The faculty do not select them.  They have nothing to do but answer questions and give advice when asked.  The professors are selected by the Board of Regents, who in turn are elected by the people for that purpose.  They do as they please; we have no power in the matter.  They have put professors in the University who have wounded our feelings certainly as much as those 

<pageinfo><controlpgno entity="i1995b056">056</controlpgno><printpgno>48</printpgno></pageinfo>of anybody else.  It is impossible for the regents to go to the state society, or the profession at large, when a professor is to be selected.  These are the principal charges made in the address.  What does the whole amount to, or what is proposed as the remedy for the alleged evil?  Just this:  Suppressing the fact of our having a medical college, the abolition of hospital and clinic; the complete suppression of the medical college, shutting it up and extinguishing it; to induce the state and the University to withdraw their recognition of medicine as a science; to destroy the efforts being made to elevate the standard of medical teaching; to send students to short term private schools without proper laboratories or adequate means of instruction, and to send poorly educated physicians into the world!  To have these views go into the transactions as a matter of medical policy seems to me to be a very great injustice, and to be opposed to the sentiments of the majority of the members of the society.  The effort made to avoid any discussion of the address seemed to be not a fair thing.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;Was there such an effort made?&rdquo;</p>
<p>Dr. Jerome:  &ldquo;None here.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;I repeat I have made these remarks in no bad spirit of fault-finding with the president&apos;s address.  Personalities where principles and institutions are concerned are out of place.  I shall not indulge in them.  The matter is of little consequence whether a particular man is president of this society for a year, or whether he is ever president, but it is a matter of consequence that the University should not be disparaged by such unfounded charges emanating upon it from this body.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;As a member of the faculty of the University, I feel called upon to say a word or two on this subject.  In general terms I heartily endorse every single word Dr. Palmer has uttered.  I have never heard him make a speech containing more true eloquence, or more to the point than this.  If the members of this society will come to Ann Arbor and go with us to the hospital and laboratories and see for themselves the work we are doing, the effort we are making to elevate the standard of medical education, I think they will have a very different view of this whole subject, and come away with very different impressions.  They must admit that we are strenuously, energetically, and honestly trying to do our duty to students, state, and profession.  Charges are made that we interfere with the private practice of general practitioners of the state by our free clinic.  I have as many patients at my clinic as any other member of the faculty.  Not one in forty but comes there with a letter from his doctor at home.  In a majority of cases the doctor comes and remains with the patient until the operation is over.  That is the general fact.  I challenge any member to place his finger on one fact or bring one instance (speaking for myself), where a patient sent to us by a doctor in the country has gone back discontented with his doctor at home.  Show me one case where a doctor has been otherwise than bolstered up (not to say that the doctor often requires bolstering up).  Patients, as you know, are prone to go about from one doctor to another. 

<pageinfo><controlpgno entity="i1995b057">057</controlpgno><printpgno>49</printpgno></pageinfo>With earnestness I say that the policy of the medical faculty is universally to aid and assist professional brethren.  It frequently happens that poorhouse surgeons have cases that they haven&apos;t the time or appliances to treat.  Is it not a convenience for them to have a place to send them?  In almost every instance they come with letters from the doctor.  The only doctors 1 have ever heard complain of the University robbing them, have been poor young fellows who hadn&apos;t got to that stage where they were pressed with work.  It takes time and age to establish a reputation.  Such men as I speak of are the only ones that feel themselves injured.  It seems to me that it is a sad spectacle&mdash;the State Medical Society turning its energies to pulling down a great medical institution.  It would seem as if we had struggles enough in getting on without being attacked by our friends.  There are plenty of subjects on which we can combine with great force and advantage&mdash;subjects injured by the want of harmony, concentration, and attention on the part of the medical profession.  If we could, for instance, combine our forces with a view to obtaining that legislation which is so much required by the people of this state.  Unfortunately the great difficulty lies in a want of harmony, and year after year we have met with disappointment.  I trust my venerable colleague, Dr. Palmer, will live to see the time when the medical profession will make a grand effort to elevate the profession of medicine in this state.  The interests of the profession will never be elevated by attacking the conduct of a man like Bishop Gillespie.  We have treated wealthy patients at the University.  We do so at times without knowing it.  We do all in our power to prevent those who are able to pay being treated gratuitously.  The resident physician has instruction to discourage such patients.  They sometimes take advantage of us.  I don&apos;t see how we can help this.  We pick up all classes of invalids during term time, and treat them without fee or hope of reward.  The motto of the hospital has been the same as that above the entrance to the Old Royal Infirmary of Edinburgh, &lsquo;I was sick and ye visited me.&rsquo;&rdquo;</p>
<p>Dr. Hitchcock:  &ldquo;I would like to ask what the condition of this business is.  Has the report of the committee been acted upon, or is it before the house for adoption?&rdquo;</p>
<p>The president explained.</p>
<p>Dr. Hitchcock:  &ldquo;With regard to this whole subject, I don&apos;t wish to say much.  Sometimes perhaps there have been instances in which patients have gone to the University.  Why, I cannot answer.  One case I remember of my own where I had proposed to operate, had fixed the fee, etc.  Some friends of the patient pressed him to go down to the University.  He had a right to go.  They had a right to see him.  He was operated upon at the University and I heard later that it cost him three hundred dollars, whereas I proposed to operate for one hundred and fifty dollars.  I was very glad that it cost him all it did, too.  It is competition after all.  Now I don&apos;t believe he was put into the hospital and made a charge on the state, the doctor taking the fee.  The doctor, once in a while, gets called out 

<pageinfo><controlpgno entity="i1995b058">058</controlpgno><printpgno>50</printpgno></pageinfo>where he treads on my toes; but this is fair competition.  If he can do the operation, charge about twice as much as I do and persuade them to pay him, I don&apos;t see why he should not have the privilege.  I am going to keep away from him all I am able.  I don&apos;t see what good it is going to do us to talk this matter over here.  I don&apos;t think these gentlemen mean to be mean.  What is the use of bringing these University questions into the society every year?  We had better go to something higher.  I think that the science of medicine is above the University.  The society had betted stop talking about the University and develop something in the broad fields of medical science far beyond the University.  Let them overtake us if they can.&rdquo;</p>
<p>&ldquo;Now, Mr. President, I move to lay the report of this committee on the table.  It will carry the whole subject with it.  I want it to say on the table.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;In regard&mdash;&mdash;&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I call the doctor to order.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;In regard to the patient who came to me I am reminded of a little story.  There were nineteen reasons why a man didn&apos;t come to dinner.  One was because he was dead.&rdquo;</p>
<p>Dr. Hitchcock:  &ldquo;That patient wad not dead, doctor.&rdquo;</p>
<p>Dr. Maclean:  &ldquo;No such case as that ever occurred.&rdquo;</p>
<p>Dr. Hitchcock:  &ldquo;I don&apos;t suppose that this motion prevents the president&apos;s address from being published in our transactions?&rdquo;</p>
<p>Dr. Brodie:  &ldquo;That&apos;s the object.&rdquo;</p>
<p>Dr. Hitchcock:  &ldquo;That is not the object of it, Dr. Brodie, I certainly wish the president&apos;s address published.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;Yesterday, after the reading of the president&apos;s address, the usual motion was made and carried, and its reference to the Committee on Publication was made.  The impression seemed to prevail among some that that action was to prevent any discussion of it.  Accordingly we moved a reconsideration of the motion by which it was referred to the committee.  The motion was reconsidered and the president&apos;s address is still before this society, just as though no action had been taken upon it.  Now, then, a motion by lay that report upon the table carries the whole subject matter with it, president&apos;s address and all.  I move as an amendment to the last motion that the president&apos;s address be referred to the Committee on Publication.  If they wish, the report of the committee may lie upon the table.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I am in hopes Dr. Hitchcock will withdraw that motion.  I think it one of the strangest things that ever occurred in the history of this society.&rdquo;</p>
<p>Dr. H. F. Thomas:  This is the first time I ever knew Dr. Hitchcock to be unfair.  Three speeches in opposition to the report an then a motion to lay on the table!  I can see no objection to the report of the committee.  They 

<pageinfo><controlpgno entity="i1995b059">059</controlpgno><printpgno>51</printpgno></pageinfo>only state that they see no reason why certain subjects could not be discussed.  They have been and are being discussed.&rdquo;</p>
<p>Dr. Griswold.  &ldquo;That portion of the president&apos;s address only is before us that was reported by the committee.&rdquo;</p>
<p>The President:  &ldquo;I do not care to discuss the question, but would like an opportunity to make an explanation.  I said what I had a right to say as a citizen of the State of Michigan, and as a member and officer of this society.  I have nothing to take back, no apologies to make, and I don&apos;t permit anybody to fix up my address.  It is in my possession and I can take it home.&rdquo;</p>
<p>Dr. Herdman:  &ldquo;I don&apos;t think Dr. Hitchcock, or any member of the medical faculty, has any desire to cut off discussion.  I am exceedingly desirous of hearing all that can be said.  Dr. Palmer has most admirably met their objection&mdash;&mdash;&rdquo;</p>
<p>Called to order.</p>
<p>Dr. Hitchcock:  &ldquo;I will beg leave to withdraw the motion for the time being.&rdquo;</p>
<p>The Vice President:  &ldquo;The question is on the acceptance and adoption of the report of the committee.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I understand Dr. Hitchcock has withdrawn his motion temporarily, so as to allow discussion.  It would seem that the medical department of the University is a sacred thing, and no one has a right to express an opinion outside of its faculty.  As a citizen of the state, I claim the right to express my individual opinion.  There is no such thing as ownership because a person may happen to be a teacher, a warden, or a superintendent in our state institutions.  They are simply performing certain duties for the state.  The president has but expressed his opinion how certain things have been done to which he objects.  The impression has gone abroad, and arose in the city of Detroit, that the hospital at Ann Arbor is used for private purposes.&rdquo;</p>
<p>Dr. Herdman:  &ldquo;It is not.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;That people of wealth and people outside the state can go to that hospital and pay their fees for being operated upon.&rdquo;</p>
<p>Dr. Palmer:  &ldquo;That is not true.  Whoever reports that is mistaken or tells a falsehood.  I never charged a patient one penny for anything done in the hospital, and I don&apos;t believe other members of the faculty have done so.&rdquo;</p>
<p>(Applause.)</p>
<p>Dr. Brodie:  &ldquo;It has not been customary in this society that a gentleman having the floor should be clapped out.  I am telling you what the opinion is in this state.  It is not confined to Kalamazoo or Washtenaw Counties.  It is that people go to that hospital and pay their fees for being operated upon.  It don&apos;t [

<hi rend="italics">sic</hi>
] make any difference to me personally, but 

<pageinfo><controlpgno entity="i1995b060">060</controlpgno><printpgno>52</printpgno></pageinfo>that is the impression.  I mean to say that as an individual member of this society and a tax-payer of this state I have a right to express my opinion.  This is a free country.  They have no right to attack me for speaking my sentiments, nor have they a right to condemn the president for expressing his opinion.  This is the first time in the history of this society that any act of the kind has been done.  I am charged with &lsquo;choking down.&rsquo;  The president&apos;s address was referred, as has been customary for eighteen years.  I was charged with making this motion for the purpose of cutting off debate.  It has not been customary to debate the president&apos;s address.  There was no intention to interfere with any debate.  This motion to lay on the table carries with it the president&apos;s address.&rdquo;</p>
<p>Dr. DeCamp:  &ldquo;I think Dr. Brodie mistaken.  I remember I had the fortune to be president of this society once myself.  Because I said some things about blood-letting, a committee was appointed to consider some of the points in the address.  The address was accepted, published, and the committee reported on the subject matter of the address.  The committee was appointed to report to the society the next year.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I think you asked yourself that a committee be appointed.&rdquo;</p>
<p>Dr. DeCamp:  &ldquo;I see no reason why we should not adopt that plan, then take up this matter referred to the committee as an independent affair.&rdquo;</p>
<p>Dr. Pratt:  &ldquo;I move as a substitute that the president&apos;s address be referred to the Committee on Publication for publication; that the report of the committee be referred to the same committee for publication; that the discussion and remarks be also referred to the committee on Publication for publication.&rdquo;</p>
<p>Dr. Boise:  &ldquo;I request the president for the sake of harmony in this society to withdraw that portion of his address.  I move this as an amendment.&rdquo;</p>
<p>Dr. Ward:  &ldquo;I think the society is abundantly competent to vote now.  For the purpose of shutting off further debate, I move the previous question.&rdquo;</p>
<p>The motion prevailed.</p>
<p>The amendment of Dr. Boise was lost.</p>
<p>Dr. Pratt&apos;s substitute prevailed.</p>
<p>Dr. Herdman moved that Dr. Palmer be permitted to prepare his remarks for publication.</p>
<p>Dr. Jerome said the same privilege should be extended to others.</p>
<p>Dr. Pratt:  &ldquo;I am not afraid of discussion, sir, nor am I disposed to squelch any man&apos;s individual expression of opinion.  When it was charged yesterday that there was a disposition to &lsquo;choke off&rsquo; debate 

<hi rend="italics">it was not true.</hi>
  I propose now to move an amendment to Dr. Herdman&apos;s motion.  It is that the secretary be requested to furnish a report of the remarks made by the gentleman on this question to each gentleman making remarks, for his correction; 

<pageinfo><controlpgno entity="i1995b061">061</controlpgno><printpgno>53</printpgno></pageinfo>so it may appear in the journal as nearly as uttered here as possible.&rdquo;</p>
<p>Anyone who knew Dr. Brodie will enjoy and fully credit his remark offered in connection with a resolution of thanks for the entertainment and hospitality extended the society.</p>
<p>&ldquo;This meeting, though perhaps not pregnant with as much science as former meetings, has been nevertheless profitable.  We see too much science.  We get to be tired and sick of it.  We have a double object in view in these little meetings.  They are not purely scientific nor purely social.  I like to come here and meet my old friends and have a little spar with them, too.  It don&apos;t hurt my feelings a bit.  I have enjoyed this meeting very much, indeed.&rdquo;</p>
<p>And in the opinion of the History Committee member who has prepared this article it would have been a distinct loss to the present generation of physicians had it been omitted or indeed materially abbreviated.  It is to the writer a rare and, at this distance in time, delightful human document.  Furthermore the discussion (disputation?) deals with questions of practical present-day interest&mdash;those which in the lapse of years have not yet been fully ironed out.  The intriguing and amusing matter is that of approach and the revelation of the psychology of the participants.  One can scarcely conceive of any such episode as occurring at the meeting of the State Medical Society during the current year.  It marked a period of professional evolution and the actors on the medical stage were a product of their time.  They were hewing a way and the present generation reaps the benefit of their apparent ruthlessness and aggressiveness.  They met difficulties in the pioneer spirit to which the state in every department of effort owes its magnificent development.  The structure of tolerance and compromise was to come later.  At that time they were breaking stone for the foundation.</p>
<p>And let it not be forgotten or overlooked, &ldquo;there were giants in those days.&rdquo;</p>
<p>The action of the State Medical Society of New York in incorporating in 1882 in its code of ethics an article antagonistic to that of the American Medical Association, gave Dr. Connor and other conservatives no end of trouble.  It was:</p>
<p>&ldquo;Members of the Medical Society of the State of New York and of the medical societies in affiliation therewith, may meet in consultation legally qualified practitioners.  Emergencies may occur in which all restrictions should, in the judgment of the practitioner, yield to the demands of humanity.&rdquo;</p>
<p>Dr. Connor&apos;s editorial

<superscript>2</superscript>
 apropos this action would cause a flood of tears from a ground mole.  There were &ldquo;barriers broken down&rdquo; and a&apos; that; but the painful episode need not further be discussed, pertaining as it does to universal and not, strictly speaking, Michigan history.  Suffice the remark 

<pageinfo><controlpgno entity="i1995b062">062</controlpgno><printpgno>54</printpgno></pageinfo>than in the fullness of time all seams were caulked and the medical ship made seaworthy.  However, before the limbo of forgotten things becomes effective in jurisdiction, it seems pertinent to add that&mdash;</p>
<p>&ldquo;The action of the New York Medical Society seems to have impressed them (the homeopaths) that their day of triumph is near at hand.  Is this a time to cry &lsquo;peace, peace&rsquo;?  Has the regular profession no principles that it is ready to fight for?&rdquo;

<superscript>2</superscript></p>
<p>There was no question as the sympathies of a majority of the membership of the State Medical Society in 1884 when Dr. Maclean was elected president by a majority of sixty-three over the venerable and worthy Dr. French of Battle Creek.  In presenting the latter&apos;s name, Dr. Smart of Hudson said:</p>
<p>&ldquo;Mr. President and Gentlemen:  Those present at the meeting of this society at Kalamazoo last year will remember that I presented as a candidate for the presidency of the society one of its oldest and most distinguished members.  This choice you saw fit to accept the ratify.  I now take pleasure in presenting for your suffrages the name of another of the older and honored members of this body, a gentleman whose locks have been silvered in the service of the profession; one who has been always a faithful attendant at the meetings of the society and has labored unceasingly for its interests; a man who stands well at home, where honors have been heaped upon him; twice he has been called to the highest office in the gift of the city where he resides.  To such men who have grown gray and bowed with years of honorable service in the profession and in the interest of this society, belong its honors and emoluments.  In placing such a man in the chair of the presiding officer we shall do honor to ourselves and a grateful act of justice to the recipient; it is with pleasure I present to you the name of S. S. French of Battle Creek.&rdquo;</p>
<p>Dr. Maclean was nominated and the nomination supported by Dr. C. T. Newkirk in the following words:</p>
<p>&ldquo;Mr. President, Ladies and Gentlemen:  In behalf and by request of a large number of the younger members of the profession, I rise to support the nomination of Dr. Donald Maclean.  In a recent great convention held in this country the young men sought and obtained recognition; in fact it seems to be the young men&apos;s year.  I trust it will not be varied in the election of the president of the State Medical Society.  I am of the opinion that the president of this society should be one who has done something for science.  It is urged that Dr. Maclean&apos;s opponent was a surgeon in the army during the late war.  Dr. Maclean not only served in the army during the war but was a distinguished surgeon.  He is an honored professor in the State University.  If we had no other proofs of his devotion to the medical profession we have only to note the cases he presented to us yesterday.  He is doing a great work throughout the state; his frame is not confined to the city in which he lives, but has spread throughout the whole west and the 

<pageinfo><controlpgno entity="i1995b063">063</controlpgno><printpgno>55</printpgno></pageinfo>Dominion of Canada.  The doctor is a friend of every honest medical practitioner in the state, and is always ready to lend a willing and helping hand to those who have not had the same opportunities as himself.  The older members of the profession have ruled this society for a long time; not but what they have done it wisely, but I am in favor of infusing young blood into the institution, reanimating it, and making it an honor to the state.</p>
<p>&ldquo;This society should not be run in the interest of cliques and individuals, but purely in the interests of science.  I trust, gentlemen, that you will have the good sense to elect Dr. Maclean.  From what I know and have seen of the large number of medical gentlemen gathered here, no doubt the most representative body of the class that has ever met in the State of Michigan, I feel that his election is assured.&rdquo;</p>
<p>Said Dr. A. B. Palmer in 1884 to the State Medical Society, discussing a motion to lay on the table a communication from the Women&apos;s Christian Temperance Union:</p>
<p>&ldquo;I hope for the honor of the society and the profession that the motion to lay this communication on the table will be withdrawn, and that it will be properly referred for consideration and discussion at our next meeting.&rdquo;</p>
<p>And virtue had abundant reward the following year when the president &ldquo;introduced Mrs. J. M. Kinney, of Port Huron, who, in behalf of the Women&apos;s Christian Temperance Union, presented Prof. A. B. Palmer a beautiful bouquet.&rdquo;  (1885.)</p>
<p>The writer was not &ldquo;among those present&rdquo; at the latter meeting and is therefore unable to record impressions of Dr. Maclean&apos;s physiognomy as he introduced the bouquet bearers.</p></div>
<div>
<head>Some of the Participants in the Homeopathy
<lb>
University Drama</head>
<p>Dr. James A. Brown was the soul of hospitality and his sense of humor was keen.  This he did not lose during the long months of racking pain (he suffered from caries of the vertebr&aelig; and paraplegia).  &ldquo;Where are you going, Frank&rdquo; he inquired of his son, as were leaving him.  &ldquo;Nowhere in particular&rdquo; or something equivalent was the reply, whereupon he casually remarked, &ldquo;I understand they have a new bar at the Russell House.&rdquo;</p>
<p>With the advent of the Chinese in considerable numbers during the latter part of the nineteenth century came to him a large clientele.  They were extremely clannish and imitative, and without exception sought his ministration when ill.  &ldquo;They like strong and unpalatable medicine,&rdquo; I once heard him declare.  &ldquo;A simple bitters, gentian, quinine will answer in the ordinary prescription, but when they&apos;re very sick I put in a little quassia.&rdquo;</p>
<p>He pressed my hand on the occasion of my last visit and said with just the suggestion of emotion in his voice, &ldquo;Well, boy, I shall never see you again.&rdquo;  His sweet soul took fight a few days later.</p>
<p>Dr. Brown and Dr. James F. Noyes were for years fast friends and 

<pageinfo><controlpgno entity="i1995b064">064</controlpgno><printpgno>56</printpgno></pageinfo>were accustomed, after their morning&apos;s work was done, to drive together &ldquo;here and there&rdquo; with an appetite for luncheon in view.  They rode behind Dr. Brown&apos;s spanking team, Dr. Brown, attired in what would be regarded at the present time correct evening dress, making an impressive appearance.  Eventually their friendship sustained a fracture, from what cause I never learned, but it was not repaired until just before Dr. Brown&apos;s death, when Dr. Noyes made a sympathetic call.</p>
<p>Though no orator, Dr. Brown was a shrewd politician and was highly influential in the group which was opposing compromise in the University-Maclean-Frothingham-Homeopathy controversy.  He was born in Charlton, Saratoga County, New York, October 8, 1817; studied medicine at Geneva and at Albany Medical College; was graduate at Willoughby Medical College in 1842; practiced at Chagrin Falls, Ohio, at first; moved to Detroit in 1847.</p>
<p>He was twice vice president of the Michigan State Medical Society, was the first president of the Detroit Medical and Library Association and a member of the American Medical Association.</p>
<p>He was at different times trustee of the (then) Michigan Asylum for the Insane, Kalamazoo, and of the (then) Eastern Michigan Asylum, Pontiac.  He was for many years surgeon to the Marine Hospital in Detroit and physician to the Detroit House of Correction.</p>
<p>His fellow physicians, Drs. Brodie, McGraw, Noyes, Morse Stewart, Eugene Smith, Klein, Gilbert and Hawes, speaking of him at a memorial meeting, concurred in the expression that he was &ldquo;one of the most agreeable and successful physicians of the city.&rdquo;

<superscript>9</superscript></p>
<p>His was indeed a delightful personality.  One who knew him well will, until the end of his life, cherish esteem and affection for him and for his family.  His son, Frank W. Brown, also a physician, was a classmate and boon companion of the writer.</p>
<p>&ldquo;Of the real inner life of Dr. Brown,&rdquo; says the 

<hi rend="italics">Detroit Lancet,</hi>
 &ldquo;it is impossible to speak here and now.  Of his kindly regard for and material assistance to young medical men, many can bear grateful testimony.  A large head and a larger heart were ever at the service of his patients and friends.  In a quite way he was ever performing deeds of real benevolence.  A word or an act in season he knew how to tender to the needy in such a manner as to win their lasting gratitude.  His calling he looked upon as a profession&mdash;infinitely elevated above any or all trades.  It was his delight ever to honor this calling, both in public and private life.  As a true physician of the olden type and a noble gentlemen, his memory will long be cherished by both the profession and people of this city and state.&rdquo;</p>
<p>Dr. Donald Maclean in his prime was one of the most delightful of men.  His friendships were strong and dependable, his attitude in the sick room a benefaction to the invalid and a ray of sunshine among his anxious attendants.  He was highly gifted as a surgeon, operated handsomely, but 

<pageinfo><controlpgno entity="i1995b065">065</controlpgno><printpgno>57</printpgno></pageinfo>was never showy or spectacular.  He was a pupil of Syme of Edinburgh and often quoted him to his classes.</p>
<p>He was once called in consultation in a surgical case in the family of &ldquo;one of us.&rdquo; Practically an entire day was consumed in the ministration and the question of compensation at least for &ldquo;travelling expenses&rdquo; was insistently present in the mind of his beneficiary.  A modest check was forwarded.  And collected?  No&mdash;not by any means.  It was returned with the following laconic and amiable expression:  &ldquo;Dear Doctor:  When you are well-to-do, as I sincerely hope you sometime will be, if then perchance I am as poor as I expect to be, I&apos;ll accept this check but not before.  With best regards and all good wishes, Donald Maclean.&rdquo;</p>
<p>Writes Dr. Maclean&mdash;&ldquo;Apart from all controversy (which I hate) and in the interest of scientific surgery (which I love) permit me to state the following interesting and relevant case.&rdquo;

<superscript>7</superscript>
  It was 

<hi rend="italics">&ldquo;In re</hi>
 Antiseptic Ovariotomy&rdquo; and the date of the successful operation, 1883.</p>
<p>He certainly did hate (?) controversy.</p>
<p>&ldquo;Dr. George W. Topping died at his home in DeWitt, Clinton County, January 14, 1895, at the age of sixty-seven years.  He had been sick for several weeks, but it was thought he was getting better.  The doctor died while sitting in his chair reading his mail matter.  He rallied from his former illness which began last fall, and had so far recovered as to be able to go to Lansing.  He was born at Mentz, Cayuga County, New York, December 11, 1828.  He spent his boyhood days on a farm, and attended the district school, then went to Groton Academy, and later studied in the Normal School of Albany, where he was given a free scholarship.  He taught school for some time, and then entered the office of Dr. J. V. Griggs of Montezuma, and commenced the study of medicine.  Later he studied with his brother-in-law, Dr. W. S. Alaben, and took one term of lectures in the Wooster University, of Cleveland, Ohio.  He then went to California, where he spent three years in mining, after which he returned to Lockport, New York, and took up to the study of Latin and German.  In 1853 he entered the medical department of the University of Michigan, and in the spring of 1854 received his diploma, and at once settled in DeWitt, where he pursued the practice of his profession until his death.  Dr. Topping was president of the State Medical Society in 1882, and was a Mason; a man highly esteemed by his profession as well as the laity...&rdquo;

<superscript>13</superscript></p>
<p>Dr. Topping married a sister of Dr. L. Anna Ballard of Lansing.</p>
<p>A &ldquo;Topping&rdquo; (G. W.) report in 1881 on alcohol in medicine from a committee appointed by the State Medical Society in response to a communication from the Executive Committee of the W. C. T. U., contains this pungent expression anent reckless prescription:  &ldquo;Yet we would not so far forget our duty to our patients as to refrain from giving them the remedies believed by us to be best suited to remove their infirmities, even though it should result in the use of alcoholic remedies.  &lsquo;To eat no meat or drink no wine lest it cause a brother to offend&rsquo; may be a good Christian precept, 

<pageinfo><controlpgno entity="i1995b066">066</controlpgno><printpgno>58</printpgno></pageinfo>but we very much doubt if any conscientious physician can withhold wine from a patient, who would clearly be benefited by its use, lest perchance some reckless mortal should misuse and misapply the wine, and thereby convert it into an evil.&rdquo;

<superscript>2</superscript></p>
<p>Dr. George E. Frothingham was a keen, impressive and convincing speaker.  The persuasive manner in which he addressed students in the prosperous and nation-wide popular clinic which he built up at Ann Arbor was very like that of a contemporary, the celebrated John C. Dalton, physiologist of New York.</p>
<p>Biographies of Drs. Maclean and Forthingham appear in Volume I, Chapter IX.</p>
<p>In the University controversy ranged alongside Dr. Maclean was Dr. William Brodie, who was later (in 1886) president of the American Medical Association.  He was a &ldquo;friend indeed&rdquo; to those whom he liked, an implacable foe to the&mdash;doutbless undeserving&mdash;whose methods he failed to approve.  He enjoyed a large and succesful practice in Detroit; was surgeon to various civic organizations and chief surgeon to the Grand Trunk Railway System.</p>
<p>On a trip to Canada, &ldquo;one of us&rdquo; carried a suspicious looking but entirely innocuous roll.  &ldquo;Pass this boy&apos;s baggage,&rdquo; he wrote to the Canadian Inspector, &ldquo;He&apos;s all right.&rdquo;  It is related of him, with how much truth the writer cannot vouch, that at one time he would not trust a fever thermometer.  Be this as it may he certainly had &ldquo;tactus eruditus&rdquo; when it came to diagnosis.</p>
<p>With other varieties of &ldquo;tact(us)&rdquo; he was not unduly burdened, but extraordinary fond of him his friends were.  And those who enjoyed his friendship could have their way in his house unhampered, undisturbed; men, for example&mdash;boys then&mdash;like dear old Tracy Southworth of Monroe, his sometime student, and Dr. Frank W. Brown, who lived with his father, James a. Brown, just across Lafayette Avenue.  (

<hi rend="italics">See</hi>
 Volume I, Page 603.)</p>
<p>William Brodie was born of Scottish parents at Fawley Court, England, July 26, 1823.  The lad migrated to America with his parents in 1832, where his father procured a farm about twelve mile from Rochester, New York.  The son was educated in the local school and at the High School of Brockport, New York.  At the age of twenty-four he decided to become a physician, and in 1847, he studied with Dr. William Wilson of Pontiac, Michigan.  This period was followed by a year&apos;s attendance at Berkshire Medical College, Pittsfield, Massachusetts, then a year at the Vermont Medical College, and lastly at the College of Physicians and Surgeon, New York City, where he was graduated in 1850.</p>
<p>Immediately after graduation he began the practice of medicine in Detroit.  Dr. Brodie, the remainder of his life, was actively identified with medical and civic associations.  He was president of the Wayne County 

<pageinfo><controlpgno entity="i1995b067">067</controlpgno><printpgno>59</printpgno></pageinfo>Medical Society continuously from 1876 to 1890, with the exception of two years.  He was president of the Michigan State Medical Society in 1876.  He was secretary of the American Medical Association in 1857 and received the highest honor in the gift of the American Medical Association, namely, its presidency, in 1886.</p>
<p>Dr. Brodie was the first surgeon to volunteer from Detroit for service in the Civil War, where he was commissioned surgeon of the first regiment of the Michigan volunteers.  He took charge of the wounded at the first battle of Bull Run.  Dr. Brodie practiced surgery long before the era of antiseptics, yet his patients in large numbers recovered despite the lack of knowledge of antisepsis.  This has been explained by the fact that Dr. Brodie was naturally clean, not only neat and clean about his person, but extraordinary clean with his instruments.</p>
<p>He was at one time editor of the 

<hi rend="italics">Peninsula Journal of Medicine and Surgery,</hi>
 and also of the 

<hi rend="italics">Therapeutic Gazette.</hi>
  He had for a long time been identified with the Detroit Board of Health and was at one time an alderman of Detroit.  He was also at one time a professor in the Michigan College of Medicine as well as its successor, the Detroit College of Medicine.  Dr. Brodie is the author of many scientific papers on both surgical and medical subjects.</p>
<p>He is described as being five feet, ten inches tall, as having reddish grey hair and closely cut whiskers, perhaps the so-called Van Dyke beard.  He was of medium weight and possessed a nervous and energetic temperament.  He was a man who deemed principle worth fighting for.  Several obituary notices in medical journals of 1890 independently emphasize this features of Dr. Brodie&apos;s character, namely, loyalty to conviction.  In November 1851 he married Jane Whitfield, who survived him at the time of his death, July 30, 1890.  The family consisted of one daughter and two sons, one son, Benjamin, having followed his father&apos;s profession.  Dr. Brodie was chief medical officer of the Grand Trunk Railway in the State of Michigan.

<superscript>10</superscript></p>
<p>In his address as president of the State Medical Society in 1876 Dr. Brodie touches upon a variety of subjects, all of interest; among them he urges that the members &ldquo;be not diverted by outside issues from the straight way that leads to unity, harmony and strength in all and every matter pertaining to the great and noble profession of legitimate medicine.&rdquo;  By the hypercritical this may not be regarded an altogether consistent attitude in view of his aptitude for wordy warfare&mdash;but &ldquo;consistency&rdquo; is a word without practical significance anyhow.</p>
<p>He deplores the fact that the medical field is opened &ldquo;to any and every person whether educated or ignorant, qualified or unqualified to practice the healing art&rdquo; and that the state is &ldquo;overrun with all varieties and grades of medical impostors.&rdquo;  He advocates&mdash;and this is the important point in view of the much later movement in this direction&mdash;&ldquo;a full three years&apos; graded course of study&rdquo; and that the requirements for admission (to the 

<pageinfo><controlpgno entity="i1995b068">068</controlpgno><printpgno>60</printpgno></pageinfo>medical department) he made equal to those necessary for entrance to the scientific.  He makes an admirable recommendation that the systematic study of insanity be incorporated in the medical college curriculum.
<anchor id="n068-01">&dagger;</anchor>
  With the then current pessimism, however, he admitted that &ldquo; it is a hard thing to confess the fallibility of science in the care of a diseased mind, yet the fact nevertheless remains.&rdquo;</p>
<note anchor.ids="n068-01" place="bottom">&dagger; Everyone in the submerged &ldquo;mental disease&rdquo; specialty of that period&mdash;&ldquo;psychiatry&rdquo; was in the womb of the far distant future&mdash;will recall the contemptuous, almost universal expressions of physicians, &ldquo;I know nothing about insanity.&rdquo;  This was worn as a badge, the implication apparently being that the speaker had assembled adequate information on every other subject.</note>
<p>And as to specialism in general he quotes Dr. Robert Barnes in the 

<hi rend="italics">London Lancet</hi>
 thus&mdash;&ldquo;I have recently been honored by a lady of typical modern intelligence who consulted me about a fibroid tumor of the uterus; and lest I should stray beyond my business she was careful to tell me that Dr. BrownS&eacute;quard had charge of her nervous system, that Dr. Williams attended to her lungs, that her abdominal organs were entrusted to Sir William Gull, that Mr. Spencer Wells looked after her rectum, and that Dr. Walsh had her heart.  If some adventurous doctor should determine to start a new specialty and open an institution for diseases of the umbilicus&mdash;the only region which as my colleague, Mr. Simon, says is unappropriated&mdash;I think I can promise him more than one patient.&rdquo;</p>
<p>Away with the quips about the sense of humor being non-existent in the British Empire.</p>
<p>Dr. James H. Jerome of Saginaw, an outstanding figure in the most interesting of all medical controversies that have ever arisen in Michigan, died in the seventy-first year of his age, in Saginaw, August 8, 1883, of inflammation of the liver.</p>
<p>Recount his biographers, Dr. Geo. E. Ranney and Dr. H. B. Baker, &ldquo;He was of vigorous intellect, keen perceptions, retentive memory, and independent character, and his manners of mingled courtesy and dignity marked him an old-school gentleman, alive to the issues and important questions of the day and age in which he lived.</p>
<p>&ldquo;He helped to organize in 1866 the Michigan State Medical Society, did much to shape its policy, was twice elected its president and did as much as any other member to promote its interests.</p>
<p>&ldquo;His sense of honor, especially among his professional brethren, and his stout opposition to every infringement of the code of medical ethics both in the society and out of it, made him an enemy to pretenders of every description.&rdquo;

<superscript>9</superscript></p>
<p>Dr. Jerome had a fine literary style.  In a letter to Dr. O. C. Comstock, president of the Michigan Pioneer Society, he writes gracefully as follows:</p>
<p>&ldquo;For many years of my life I have experienced much of the care and adjustment of fragmentary humanity in its evil hour, while to me it has been reserved to my seventieth year to know just how it was myself...</p>
<p>&ldquo;It is a common understanding that as one&apos;s years advance the days and 

<pageinfo><controlpgno entity="i1995b069">069</controlpgno><printpgno>61</printpgno></pageinfo>nights follow each other in more rapid succession than in the springtime of our life.  Such has not been quite my experience for the period above mentioned.  In early life our pleasures are in prospect, in later years they are mainly in retrospect.</p>
<p>&ldquo;I can scarcely call to mind a period of greater satisfaction than the one enjoyed at the last meeting of the society in Lansing.  The occasion partakes more of the nature and interests of our Methodist love feasts...</p>
<p>&ldquo;The privation to me gathers force from the consideration that we have less assurance of opportunities beyond the present.  In spirit I am with you and earnestly hope that at your next gathering I may be present, a bodily presence.  Until then, please accept my filial regard for such as are more favored than myself.&rdquo;

<superscript>9</superscript></p>
<p>From the transactions of the Michigan State Medical Society, 1884, it is learned that he was born at Cochecton, Wayne County, Pennsylvania, September 28, 1812, and removed to Michigan with his parents when a lad of about 15 years.  His father died, leaving him, at the age of 18 years, to battle with life comparatively alone.  He attended district school and had one year&apos;s tuition at the Ovid Academy.  He served an apprenticenship as a hatter and followed that business until 1834, when he commenced the study of medicine and surgery with Dr. Moses Tompkins, near Hector, New York, attending the Geneva Medical College in the winter of 1834-1835.  He attracted the attention and friendship of Dr. Willard Parker, professor of anatomy and physiology, by his talent in these branches.</p>
<p>Returning to Michigan, where his family had preceded him, he was employed in the land office at Detroit as a clerk under Major John Biddle, and subsequently under Michael Hoffman, and became very expert in the business of the office.</p>
<p>He finished lectures at Geneva College in the winter of 1837, received his diploma from the Board of State Censors, and commenced practice at Trumansburg, New York, where he soon acquired an excellent reputation as a physician and surgeon, and filled various honorable positions in medical societies.  In 1855 he received the honorary degree of M.D. from Hobart Free College, and in July of the same year was elected professor of anatomy and physiology to his 

<hi rend="italics">Alma Mater.</hi>
  In 1858 he was appointed physician-in-chief of the marine hospital at the port of New York; terminated his labors at Geneva College in 1859, and entered on his new duties in May of that year.  He soon after resigned on account of differences with the commissioners of immigration, and returned to Trumansburg.</p>
<p>In 1865 he removed to Saginaw, Michigan.  There he engaged in agriculture and lumbering quite extensively, and as these interests gradually absorbed his attention he ceased active practice, but never lost his interest in his loved profession and his regard for the society of his brothers in the practice of the healing art.</p>
<p>His domestic relations were characterized by deep affection, and his 

<pageinfo><controlpgno entity="i1995b070">070</controlpgno><printpgno>62</printpgno></pageinfo>genial smile was the sunlight of the household, where his loss is most keenly felt.  His intercourse among his friends was of the most cordial character, his hospitability ample, and his friendship deep and lasting.  Quick to oppose what he thought wrong in a friend, as in others, he reminds us of the proverb, &ldquo;Faithful are the wounds of a friend, but the kisses of an enemy are deceitful.&rdquo;</p>
<p>Dr. Jerome was president of the Board of Counselors of the Detroit Medical College at the time of his death, and had been a member since its organization.</p>
<p>Papers by Dr. Jerome included &ldquo;The Treatment of the Michigan Insane,&rdquo; which appears in the Transactions of Michigan State Medical Society, Volume I, and &ldquo;Domestic Sanitation,&rdquo; published in the Transactions of Michigan State Board of Health, 1881.</p>
<p>Dr. Jerome entered upon the duties of president of the State Medical Society, 1868, &ldquo;with no ordinary emotion.&rdquo;  He was reminiscent and mentioned landing at the City of the Straits forty years before.  There he soon knew each inhabitant by name.</p>
<p>Of physicians Drs. Henry, Hendry, Chapin, Hurd, Brown, Hall, Clark and Whiting, the latter two were then living.  He mentions feelingly a &ldquo;convivial occasion&rdquo; one year before when Dr. Whiting gave early reminiscences.</p>
<p>Concerning schools, hospitals, infirmaries and asylums of Michigan, he inquires, &ldquo;Is there anything more Godlike in this world than the erection and full equipment of institutions where the sick, the lame, the palsied, the blind, the deaf, the speechless, or the bereft of reason may find a home and a shelter from the pitiless awards of individual charity?&rdquo;  Who &ldquo;would covet a greater honor than a recognized agency in the establishment and endowment of institutions of this character?&rdquo;  &ldquo;Is it arrogance in me to claim,&rdquo; he asks, &ldquo;with unpretending confidence that foremost in the creation, maintenance and perpetuity of these institutions were the members of the medical profession in this state?&rdquo;</p>
<p>Discussing &ldquo;vitalism and organism, humanism, and mechanicalism, elcleticism and galvanism, beside a multitude of minor &lsquo;isms&rsquo;,&rdquo; he inquires, &ldquo;Are they dead brethen, or do they sleep?&rdquo;  And answers, &ldquo;They are not dead, but are like the caterpillar of today that coils himself in some nook or cranny to await the coming of the new year, when his successor on gilded wing shall come forth far more beautiful and attractive than the original worm.&rdquo;</p>
<p>He takes a hand in the University muddle.  When it, &ldquo;as a whole,&rdquo; he says, demands enlargement for the better accomodation of its growing patronage, and the maintenance of its prestige, requiring aid beyond the limits of its original endowment, and an application is made to the state legislature for such purpose, they are met at the threshold with the seducter&apos;s proposition that if the only self-sustaining department in the entire institution, with the single exception of the law, will doff its chastity, prostitute its virtue, lay aside its distinctive characteristics, and cohabit with the 

<pageinfo><controlpgno entity="i1995b071">071</controlpgno><printpgno>63</printpgno></pageinfo>merest tissue of fanciful speculation that ever issued from the brain of a pretended philosopher, and give tone and character to a more than half extinct dogma, the sugar-plum of their debasement shall be meted out.  A proposition more monstous, who can conceive? </p>
<p>&ldquo;To the honor of the Board of Regents it may be said that the legislative proposition was so repugnant to their sense of injustice and propriety as to cause them to repel with just indignation the proferred aid, pregnant with such humiliating conditions, and for a time the friends of the University, reposing confidence in the virtue and stability of these guardians of a sacred trust, felt no concern for its safety or welfare.  Such tempting bait, however, could not long remain on any conditions within their grasp without producing its usual effect.</p>
<p>&ldquo;And the solution of the difficult problem was undertaken upon a purely financial basis, and after a year&apos;s delay and a habit of familiarizing the mind with the subject once so abhorrent to their better sense, and the interposition of Divine Providence in the removal of an honored member of their board, with most unfortunate substitution, the obstacles once so formidable were so far modified that this legislative bantling might be led by some circuitous and unfrequented route to the rear portals of this temple of science, and introduced to fellowship.&rdquo;</p>
<p>Dr. Jerome then quotes Pope&apos;s &ldquo;Vice is a monster,&rdquo; etc., and declares that &ldquo;this much having been accomplished by the regents of the University, left no alternative for the professors of the medical department other than to retire from the field of their long and cherished labors in obedience to the behests of those who had the legal right to cotrol its destinies...</p>
<p>&ldquo;And if we may not cherish, we are not forbidden to let it alone.  And this I trust will be the only method of antagonism adopted by the State Society.&rdquo;

<superscript>3</superscript></p>
<p>Dr. Jerome answers his own query, &ldquo;Do the Exigencies of the Case Require that Physicians and Lawyers Should be Educated in Their Professions by the Taxable Inhabitants of the State?&rdquo; as the reader will doubtless infer from what has gone before.  The 

<hi rend="italics">Detroit Lancet</hi>
 &ldquo;while admitting the above question to a free discussion&rdquo; in its pages, very wisely warns, &ldquo;We wish it distinctly understood that we will publish no personalities.&rdquo;</p>
<p>Resolutions protesting against the action of the Board of Regents proposed by Dr. E.P. Christian came up for discussion in 1868 through the report of the Committee on Resolutions.  A recommendation was made in the second resolution that for the present the professors should retain their chairs &ldquo;but should such changes in the curriculum be accomplished as would directly affect such curriculum, we believe that, in honor to themselves, the profession to which they belong, and whose sympathies thay receive, they could not consistently remain, and their resignations should be respectfully submitted.&rdquo;  This report was signed by Drs. Wm. Brodie, I.H. Bartholomew, C.T. Southworth, Wm. H. DeCamp, and Hamilton E. Smith.</p>

<pageinfo><controlpgno entity="i1995b072">072</controlpgno><printpgno>64</printpgno></pageinfo><p>Dr. P. Klein &ldquo;heartily agreed with the spirit of the report, and in this respect he begged humbly to dissent from the views expressed the previous day in the president&apos;s report to let the matter alone ... He was proud to say that there is yet a living nucleus in the University who hold on, and he trusted that the State Society would not only sustain those men, but would also counsel those who had resigned to retract their resignations.  He perceived that some of the latter had accepted a position in connection with a new enterprise projected in this city, which course he regretted, because he had doubts of its success, though he had the utmost confidence in the ability and honor of the gentlemen who had projected the new enterprise.&rdquo;  The doctor continued to enlarge upon the merits and demerits of the new project, until Dr. Jenks rose and called the speaker to order, as the Detroit school was not under discussion.</p>
<p>&ldquo;Dr. Palmer, one of the ex-professors of the Michigan University, said he was aware that remarks he might make would be liable to be understood [sic].  He felt deeply on the subject.  The best part of his life had been spent in the University.  He could not think thereon without emotion.  [At this period the veteran professor was compelled by emotion to cease speaking, for which he apologized to the society.]  He believed that their action in resigning had been generally sustained by the profession of the state.  He would not question the motives of the Board of Regents.  They needed the money, and accepted it, he believed, without any love of homeopathy ... he indicted his resignation in strong terms.  .. Uncertain as to the action of the Board of Regents, he had accepted a position in a new enterprise, which he believed would succeed.  In this Detroit School of Medicine, where instruction of a clinical character will be given, he had consented to give instruction on a certain subject not treated of in the Michigan University.</p>
<p>&ldquo;The report was unanimously accepted.&rdquo;

<superscript>3</superscript></p>
<p>At the meeting of the State Medical Society in 1877 Dr. Jerome moved that the Committee on Medical Legislation be discontinued and in support of the motion made the following facetious remarks:</p>
<p>&ldquo;During all the years of the existence of this society an effort has been put forth in good faith to establish and maintain a friendly and fraternal relation with the legislature of our state believing that mutual good would be derived from comity of action.  But I may safely say that instead of like kindly sentiment being reflected from that body, no opportunity has been lost to calumniate and humiliate the profession of medicine by the legislature of Michigan.</p>
<p>&ldquo;The usual method and opportunity of this display has been on the application of the regents of the University for money to meet the annual wants of that institution for educational purposes&mdash;not medical&mdash;as that department was self-supporting.  The constitution of our state has wisely prohibited the legislature from any governing influence over the University, 

<pageinfo><controlpgno entity="i1995b073">073</controlpgno><printpgno>65</printpgno></pageinfo>committing it to the care and guardianship of a Board of Regents, selected from men of high educational attainment, who are supposed to better understand the wants of a higher grade of culture than the common school, with which our solons were left to grapple at will.  If we pass over former legislatures and come to consider the present one, we find an unique body, not inaptly denominated by the little breezy 

<hi rend="italics">Evening News,</hi>
 the &lsquo;Lansing Grammar and Spelling Schools.&rsquo;</p>
<p>&ldquo;The head-center of the spelling school, as far relates to our profession, is one C. B. Mills, whom I understood to be one of the &lsquo;hardshell,&rsquo; itinerating clerical persuasion, with a short-hand medical attachment from Tuscola, with whom to know less than all the world beside would be a mortal sin.</p>
<p>&ldquo;In his report to the spelling school on medical matters, he descants thus, as we find in the 

<hi rend="italics">Legislative Journal</hi>
 of March 10:  &lsquo;And when it is considered that the great majority of the members of these associations that are not interested in other rival institutions, are men whose medical culture bears no comparison with that provided for in the University, the significance of this opposition is apparent.&rsquo;  Having delivered himself of this gorgeous proposition, as if to tone down a little and even up with the University, lest they might put on some additional airs, he very kindly makes mention of the arrangements made by the doctors of the University, for the care and general management of the hospital under their charge, and particularly relative to their nurses; that if &lsquo;none can be found who can be trusted among Americans, it is respectfully suggested that Chinamen be employed, or Hottentots might be imported for that service.&rsquo;  The talent of this mixed body is so diversified, however that they need not confine their labours exclusively to the higher development in medical literature, consequently have found leisure to grapple with the great question of Sabbath desecration, so frequently indulged in by the poorer classes, and more particularly by our German population, who have attempted surreptitiously to economize their time by getting married on the Sabbath day, and now find to their utter consternation that such a thing could not be done at all.  Poor things!  Happily, however, for this class, the bill of rights adopted by the grammar and spelling schools does not specify whether the Christian or the hardshell Sabbath is the one intended.</p>
<p>&ldquo;We now find the &lsquo;head center&rsquo; on a bull-dozing mission to the regents of the University, whose total subserviency is demanded, endorsed by eighty-three members of the Lansing mixed schools, the results of which are to be known hereafter.</p>
<p>&ldquo;In one of the particular moods of this august body, it was discovered that in some way for cousins to get married begat idiots; upon which practice they deemed it their duty to affix their great seal of condemnation.  On this branch of their duty the 

<hi rend="italics">New York Times</hi>
 of April 25 [1877] has commented quite to our liking, which we beg leave to read:</p>

<pageinfo><controlpgno entity="i1995b074">074</controlpgno><printpgno>66</printpgno></pageinfo><p>&ldquo;&lsquo;MICHIGAN COUSINS&rsquo;</p>
<p>&ldquo;&lsquo;There may be an exceptional desire on the part of the people of Michigan to marry their cousins, but the introduction of a law into the legislature of that state prohibiting the marriage of cousins does not prove that such is the case.  All the old fashioned Bibles&mdash;those six inches in thickness which were used to raise the youngest child to the level of the family dinner table&mdash;expressly forbid a man to marry his grandmother; but it is notorious that at no time since the beginning of the Christian era has there been any general desire on the part of grandchildren to marry their grandparents.  The true meaning of the Michigan bill undoubtedly is, that some rich legislator, with a willful daughter and a worthless nephew, desires to have a legal pretext to prevent the young people from wasting his kerosene by sitting up till midnight in his front parlor.</p>
<p>&ldquo;The argument that cousins should not marry is based upon the alleged fact that the offspring&mdash;which is a delicate way of alluding to children&mdash;of such marriages are universally idiots, with deaf, dumb and blind attachments.  The statistics of our various asylums show that among the patients whose minds and senses are not in good running order, are frequently found the offspring of cousins.  Of course, if cousins intend to act in this inexcusable way, they ought not to be allowed to marry.  The argument is an excellent one, were it only based on facts; but, as it is not so based, it is rather more worthless than the theories as to Brooklyn slums and the imaginary confessions which the 

<hi rend="italics">World</hi>
 delights to publish.</p>
<p>&ldquo;Of course there are a certain number of professional idiots whose parents are cousins.  So, too, we find in our idiot asylums patients who owe their origin to marriages between Presbyterians and Methodists.  It is clear that, if the former fact justifies a law against the intermarriage of cousins, the latter requires a law forbidding marriage between two opposite and probably equally excellent sects.  Moreover, idiots have been produced in quantities far in excess of the demand by parents having no natural or religious affinity.  If the Michigan legislature really wants to strike an irresistible blow at idiots, it should forbid marriage entirely.  Surreptitious idiots would, of course, from time to time make their appearance within the borders of the state, but the regular sources of supply would be cut off, and the people would have to import their legislators from other states.</p>
<p>&ldquo;&lsquo;If the cousins of Michigan are wise they will collect statistics showing that not one of the members of the Michigan legislature is the offspring of cousins, after which the legislature can no longer with any consistency maintain the preposterous theory that idiots are the results of cousinly intermarriage.&rsquo;</p>
<p>&ldquo;For these and kindred reasons, Mr. President and Gentlemen of the Society, I think that self-respect demands that we discontinue our efforts to fraternize with the legislature, and therefore hope the resolution will prevail.&rdquo;</p>
<p>Elsewhere in this history under the heading &ldquo;Malpractice Litigation and the Physician as a Witness&rdquo; there appears the presidential address of Dr. Foster Pratt which is every word enjoyable.  He was a fluent speaker and his phraseology often approached the poetic.  (

<hi rend="italics">See</hi>
 memorial of Dr. Abram Sager.) He was a surgeon in the Civil War and afterward practitioner of medicine in Kalamazoo.  He was a sometime highly influential member of the Board of Trustees of the (then) Michigan Asylum for the Insane, and was the author of a paper on &ldquo;Increase of Insanity in the United States&rdquo; read before the American Public Health Association in Detroit, November 15, 1883.  He also wrote an &ldquo;Historical Sketch of Early Masonry in Michigan.&rdquo;  (Transactions of Masonic Grand Lodge of Michigan.)</p>
<p>&ldquo;Sanitary Rules 

<hi rend="italics">versus</hi>
 Theories&rdquo; is the title of a paper read by Dr. Pratt at the Sanitary Convention in Battle Creek in 1881.</p>
<p>Dr. Alfred I.  Sawyer was born in Huron County, Ohio, in 1828, one of a family of eleven.  &ldquo;Every obstacles was thrown in his way&rdquo; of receiving 

<pageinfo><controlpgno entity="i1995b075">075</controlpgno><printpgno>67</printpgno></pageinfo>an education, declares his biographer, &ldquo;till be hard work, teaching school in winter, and attending the Norwalk Academy in the spring and fall, and by studying while others slept, he succeeded in acquiring an average academical education and had made arrangements with one of his brothers to take a classical course.&rdquo;

<superscript>9</superscript></p>
<p>He was graduated at the Homeopathic Hospital College, Cleveland, in 1854; attended the medical department of New York University in the winter of 1856 and 1857; &ldquo;became somewhat disgusted with general practice&rdquo; and &ldquo;proposed to pursue some specialty,&rdquo; but after fitting himself for this, &ldquo;sources of revenue unexpectedly failed him,&rdquo; and he was obliged to leave New York, where he had planned to carry on.</p>
<p>He came to Monroe in 1857 and speedily acquired commanding influence in political, educational and Masonic circles, but &ldquo;even so he has shone if anything with far more brilliancy in his chosen profession, and among his learned colleagues.  There is no man who has done more for the advancement of medical science than has Dr. A. I.  Sawyer of Monroe.&rdquo;

<superscript>9</superscript></p>
<p>&ldquo;The homeopathic department of the University of Michigan owes its life and sustenance to him.&rdquo;</p>
<p>The early efforts in 1853 and 1855 to secure recognition of homeopathy in the medical department of the University were unsuccessful&mdash;among alleged reasons being non-action on the part of the Supreme Court upon a writ of mandamus directed to the regents, a &ldquo;farce&rdquo; which &ldquo;cost Sawyer $155.00 for attorneys&apos; fees alone, not to mention what he paid for a person to remain in Lansing and lobby for the passage of a bill during the entire session, or his own personal expenses there and elsewhere in the interest of the cause.&rdquo;

<superscript>9</superscript></p>
<p>&ldquo;In 1869 the regents agreed to comply with the law of 1855 providing the friends of homeopathy would secure a repeal of the obnoxious law of 1867&rdquo; which &ldquo;attacked the very fountain head of the University&rdquo; by amending the mill tax law and making revenue from this contingent upon complaisance on the part of the regents.  They agreed but &ldquo;acted in bad faith and undertook to both comply with, and evade the law by appointing Dr. Charles Hempel professor of theory and practice of medicine, and proposed to locate him in Detroit instead of Ann Arbor,&rdquo; but the &ldquo;duplicity of the board was rewarded by the Auditor General of the State refusing to honor the warrant of the University because the law of 1855 had not been complied with.&rdquo;

<superscript>9</superscript></p>
<p>Compromise was offered by the regents and some of the &ldquo;discouraged&rdquo; of the homeopathic fraternity were disposed to accept a proposition of conciliation on the basis of creating a branch school outside of Ann Arbor&mdash;not so Dr. Sawyer.  As chairman of the committee to whom the matter was referred he reported as follows:
<lb>

<hi rend="blockindent">&ldquo;RESOLVED, That when the same rights, benefits and privileges that are now enjoyed by the old school doctors shall have been accorded to homeopaths on the University campus, we will be satisfied and not before.&rdquo;</hi></p>

<pageinfo><controlpgno entity="i1995b076">076</controlpgno><printpgno>68</printpgno></pageinfo><p>Through session after session of the legislature from this time until 1875 when the regents organized the homeopathic department Dr. Sawyer fought valiantly.  He was often thwarted but never put down&mdash;was &ldquo;in attendance more or less during every session of the legislation since 1867 and for ten years nearly every session of the Board of Regents.&rdquo;  In June, 1877, he had at commencement exercises &ldquo;the proud satisfaction of occupying the same platform with the old school faculty, with the president of the University of Michigan, and witnessing the graduation of the first class from the homeopathic department.&rdquo;</p>
<p>&ldquo;A great and influential school of medicine had placed him at its head.&rdquo;  In 1889 he was elected president of the National Institute of Homeopathy.  &ldquo;He was justly proud of the homage of the act, and his townsmen were pleased at the laurels won by one of their number.&rdquo;</p>
<p>His death from apoplexy occurred in May, 1891.  Among the floral offerings was &ldquo;a cross four feet in height&rdquo; of &ldquo;calla and ascension lilies,&rdquo; a gates ajar, &ldquo;beautiful in every detail,&rdquo; and &ldquo;rare flowers in exquisite designs.&rdquo;</p>
<p>Dr. Sawyer&apos;s correspondence (

<hi rend="italics">See</hi>
 Page 14) bulks large in the controversy concerning the appointment of the medical superintendent of the Northern Michigan Asylum (now Traverse City State Hospital) in 1885.  The trustees &ldquo;may&rdquo;&mdash;so reads the law&mdash;appoint a superintendent from the homeopathic school of medicine.</p>
<p>The trustees chose to regard this as permissive&mdash;not mandatory&mdash;and elected to the position Dr. James D. Munson, theretofore assistant medical superintendent of the (then) Eastern Michigan Asylum at Pontiac.  There was a bubbling of unavailing protest over the matter but nobody&apos;s serenity other than that of Dr. Sawyer was seriously disturbed.</p>
<p>Dr. Isaac N. Eldrige of Flint, one of Dr. Sawyer&apos;s supporters, who died January, 1893, had been a successful practitioner of homeopathy for forty years.</p>
<p>He was born August 5, 1818, at Bergen, New York.  &ldquo;To his efforts probably more than to any other one influence was due the establishment of the school of homeopathy as a branch of the Michigan State University and for years he was connected with the school as a member of the Board of Examiners or in some other capacity.&rdquo;</p>
<p>He was a &ldquo;close student&rdquo; and had &ldquo;the courage of his convictions.&rdquo;  &ldquo;In conversation he often expressed himself so frankly that it sometimes gave him the appearance of being inconsiderate of others&apos; feelings, but such was never the case.&rdquo;  &ldquo;He enjoyed the respect of the community and the faith reposed in him by most of his patients was something remarkable.&rdquo;  He &ldquo;was a member of the Court Street Methodist Church.&rdquo;

<superscript>9</superscript></p>
<p>Dr. George E. Ranney of Lansing was for many years secretary of the State Medical Society.  He was a veteran of the Civil War and a thoroughly competent surgeon.  Candor compels the statement that he was not 

<pageinfo><controlpgno entity="i1995b077">077</controlpgno><printpgno>69</printpgno></pageinfo>imbued with idealistic altruism, and that &ldquo;competition&rdquo; in his bright lexicon was synonymous with &ldquo;rivalry.&rdquo;  He asked no quarter, accorded none, and if he ever presented the &ldquo;other cheek&rdquo; to one who had taken liberties with the reverse side, this episode did not occur in the presence of the writer, who knew him well and highly respected his medical and surgical accomplishments.  He wrote forcefully and artistically as the following extracts from &ldquo;Achievements in Medicine&mdash;Incentives to its Scientific Study&rdquo; read before the Lansing City Medical Society, July 7, 1876, furnish excellent evidence:</p>
<p>&ldquo;We admit that we have not found the philosopher&apos;s stone, the veritable elixir of life, or the El Dorado of perpetual youth; but we have controlled the plague and the leprosy through quarantine and hygienic measures, instead of resorting to the futile effort to drive them away by putting up prayers in the churches or trusting to the prayers of the priests for deliverance.  I will mention briefly a few of the important things which have recently been done by our profession for the good of mankind.  As we view our medical temple, and walk through its galleries, and behold the work of its master builders, what an array of illustrious names greet our memory.</p>
<p>
<hi rend="blockindent">&lsquo;In this fair niche, by countless billows laved,
<lb>
Trace the deep lines that Sydenham engraved;
<lb>
On you broad front, that breasts the changing swells,
<lb>
Mark where the ponderous sledge of Hunter fell;
<lb>
By the square buttress look where Velpeau stands,
<lb>
The stone yet warm from his uplifted hands.&rsquo;</hi></p>
<p>&ldquo;We behold the statue of Jenner, who only seventy-eight years ago announced his discovery of vaccination, which has nearly banished a disease from the land which in England alone claimed 45,000 victims annually and disfigured as many more.  Smallpox attacked young and old alike, and nearly all were expected sooner or later to have it.  Those not disfigured were exceptions to the rule.
<anchor id="n077-01">&dagger;</anchor></p>
<note anchor.ids="n077-01" place="bottom">&dagger; Quackenbos.</note>
<p>&ldquo;We have passed the statues of Hippocrates, Galen, Ambroise Par&eacute; and others, and now linger for a moment near the bust of Laennec, with the stethoscope in hand.  The chest had its language that no human ear could understand until Laennec, applying the principles of acoustics, took a cedar tube, and, putting it to his ear, asked the chest a thousand questions, which were correctly answered through the vibrations of the air in the lungs, and the heart murmured in his ear its long-hidden secrets.  His discovery has rendered it possible to diagnose with wonderful accuracy the diseases of the heart and lungs, and enables us to determine upon their rational treatment.</p>
<p>&ldquo;Passing along, we see the bust of Sanctoria, and are reminded of the thermometer, and the wonderful story that it tells us at the bedside of our patients.  Among those who have placed the word under obligation to them, and whose portraits we might expect to find, are the Hunters, Bells, Cooper, Abernethy, Bright, Forbes, Simpson, Syme, Pereira, Ferguson, Erichsen, Paget, Wells, Bowman, of Great Britain; Lobstein, Bouillaud, Broussais, Richerand, Cloquet, Cruveilhier, Desmarres, Sichel, Dupuytren, Bichat, of France; Hebra, Gruber, Rokitansky, Virchow, Langenbeck, of Germany, and those of many Americans who occupy conspicuous places.</p>
<p>&ldquo;Anesthetics have uncrowned &lsquo;old King Pain&rsquo; and the patient afflicted with tumor, necrosed bone, or lacerated limb, by it is wrapped in unconsciousness, while the surgeon, with knife, scalpel, and saw, does the work which is to make him well.  When the patient emerges from the vale of Lethe he can hardly realize that the operation has been performed, as he had experienced no anguish or pain; and if Esmarch&apos;s bandage and the ligature have been used, he may look in vain for evidences which blood might reveal, for during his sleep a important though painless and bloodless operation has been performed with a deliberation and confidence unknown to the surgeons of the eighteenth century.</p>
<p>&ldquo;Through the delicate needle of the hypodermic syringe we convey to the very seat of pain, the torture of disease, an appropriate antidote.  The ophthalmoscope reveals to us the internal chambers of the eye, the mote, enlarged blood vessel, fiber, or opacity that obstructs the vision.  The laryngoscope enables us to see and touch and put in tune the vocal cords.  With the aspirator we enter the pleural cavity, the abdomen, the bladder, the liver, and even the heart, with safety, and empty them of morbid effusions or retained secretions.</p>
<p>&ldquo;By transplanting skin to parts extensively denuded of integument, we have rendered 

<pageinfo><controlpgno entity="i1995b078">078</controlpgno><printpgno>70</printpgno></pageinfo>it possible to make them sound, and avoid the contraction and deformity that would come from an otherwise extensive cicatrix.  Ingenious instruments and the wonderful skill of the surgeon have made man a toy in his hands.  We have not been able to arrest &ldquo;Old Time&rdquo; and make him retrace his steps, but we have dulled his scythe and impeded his destructive march, and added new spaces to the dial of man&apos;s chronometer of life.  During fifty years ending in 1844 we decreased his harvest of death twenty-two per cent in certain parts of England, and wherever statistics have been kept, equally gratifying results have followed in other places during and since that time.  There was fifty per cent less mortality in London during the same years of the nineteenth century than during similar years of the seventeenth century&mdash;the difference being as great as the difference between an ordinary year and a year of the cholera.</p>
<p>&ldquo;Typhoid fever is now considered a preventable and under the control of sanitary laws.  Scurvy has been nearly driven from the ocean, and the wilds of India have been reclaimed.  The etiology of cutaneous diseases has been studied and classified, and in the treatment of most of them we have achieved a triumphant success.  We cannot always, as desired by Macbeth, &lsquo;minister to a mind diseases, and pluck from the memory a rooted sorrow, but we can often attack those diseases once deemed incurable and bid the leper be clean.</p>
<p>&ldquo;Among the manifold sufferings with which man is threatened in consequence of the tenderness of his nature, irritation of the mind is one of the saddest; but thanks to the efforts of our profession and the munificent co&dagger;peration of state and municipal governments, asylums have been established for these unfortunates, where, under scientific management and treatment, from 70 to 80 per cent are restored to health.  In the United States alone 26,433 insane persons are receiving treatment in state asylums, and 2,008 receive accommodations in private institutions.  Aware of the molecular change that trains of thought and moral influence may produce in the brain, and regarding the pathology as taking place in the brain itself, the treatment has rationally resolved itself into psychical and medical.  The various forms of insanity are without doubt as old as the human race.  Our knowledge of them reaches back into the dusty past where its history is blended with mythology; to a time when insanity was looked upon as coming from an evil or divine spirit, and insane patients were accordingly treated cruelly or leniently, but always with a pious fear.&rdquo;</p>
<p>&ldquo;To the recruit the campaign is still an unrealized achievement.  The rigors of battle[s] that must be fought are unseen in the roseate lights of the victory&mdash;unconquerable youth must be his.  But to us veterans even the joys of having fought our good fight do not dim our remembrance of the heights we have climbed and the foes we have met,&rdquo; writes Dr. Ranney in a &ldquo;Retrospect of the Early History of the Michigan State Medical Society.&rdquo;

<superscript>6</superscript>
  Dr. Pratt he calls &ldquo;the diplomat and parliamentarian.&rdquo;  Parliamentarian he was, magnificently, but for diplomacy except in a restricted sense he never displayed, in my opinion (C. B. B.) exaggerated regard.  As to his estimates of other controversialists, Dr. Ranney&apos;s opinions and those of the writer are in accord.  &ldquo;William Brodie, the born leader; Jerome, the witty and ready talker; Homer O. Hitchcock with his ponderous sledgehammer blows; the eminent physicians and surgeons Frothingham and Maclean; Dr. Rynd, the fluent and forceful orator.&rdquo;  And it should not be forgotten that at the time of these mellow reminiscences (1915), the battle-smoke of the seventies had rolled away.</p></div>
<div>
<head>Who Was the Operator?&mdash;A Question of Ethics and Precedence</head>
<p>In the early days of laparotomy when Michigan bellies were reasonably safe from invasion, and surgical enterprise, augmenting by leaps and bounds in recent years, was in the primitive stage of evolution, an interesting controversy arose between two of the representative men in the profession.  One, relatively experienced in abdominal attack, was called in consultation 

<pageinfo><controlpgno entity="i1995b079">079</controlpgno><printpgno>71</printpgno></pageinfo>to assist another, living in the &ldquo;outlying districts&rdquo; and not fully familiar with the current technic of operating.  The &ldquo;assistant&rdquo; was either invited, or himself requested, to make the initial incision.  This, under the ethical standards then prevailing, affixed the seal of operator in the case, although subsequent cutting and the elimination of whatever was found unneighborly in the abdomen were carried on mainly, if not wholly, by the complacent principal who had invited assistance on the part of the expert.  The results were published by the latter and whatever credit appeared was claimed by the consultant, who declared apropos this and other invasion of his field of endeavor that &ldquo;everybody nowadays is trenching upon the domain of abdominal surgery.&rdquo;  Acrimony, hot conversation, appeals for justice and fairness resulted, and for the moment the age-old question as to who landed one on the jaw of Billy Patterson was relegated to the discard.</p>
<p>The operator&apos;s (?) thanks are extended in an article in a medical journal of the time to Dr. &mdash;&mdash; who had intelligently cared for the patient after &ldquo;a covey&rdquo; or &ldquo;brood&rdquo; of &ldquo;ignorant homeopathic practitioners, such as afflict most of the towns of our beautiful state&rdquo; had treated her for &ldquo;dropsy,&rdquo; to Dr. &mdash;&mdash; of &mdash;&mdash; and especially to Dr. &mdash;&mdash;(the expert) and to Dr.&mdash;&mdash; (his own partner).</p>
<p>The operation was successful.</p>
<p>Here it is again&mdash;this time reported by the &ldquo;Expert.&rdquo;</p>
<p>&ldquo;Dr. &mdash;&mdash; of &mdash;&mdash;, assisted by Drs. &mdash;&mdash;and &mdash;&mdash; of &mdash;&mdash;and &mdash;&mdash;, and &mdash;&mdash; of &mdash;&mdash;, removed from a patient at the latter place on the 8th inst., an ovarian tumor weighing 95 pounds.  This was, probably, the largest tumor ever removed in this state.  The case was furthermore a remarkable one from the facts that the cyst had ruptured several days prior to the operation, and that there was present in consequence a well-defined peritonitis.  The growth was of six years&apos; duration, and the walls of the cyst were so friable that they readily broke, under the manipulation necessary to its removal.  The contents, which were of a gelatinous nature, were thus freely discharged into the abdominal cavity and the time required for their complete removal, together with the extensive adhesions of the cyst walls, caused the operation to be prolonged to three hours.  The woman at this writing, sixteen days after the operation, is doing well, and is practically convalescent.  The case will go upon record as one of the most remarkable which has been encountered, and Dr. &mdash;&mdash;&apos;s detailed report of it will be awaited with interest by all practitioners of any experience in this branch of surgery.&rdquo;</p>
<p>As is obvious from the foregoing it was the intention of the present writer to conceal in anonymity the participants in this melodrama but the discovery is made in reviewing the 

<hi rend="italics">Medical Age,</hi>
 Vol. III, that Mulheron had no such inhibitions.  Here is his version:</p>
<p>&ldquo;We have received a copy of &lsquo;An Open Letter of Dr. N. S. Davis, editor of the 

<hi rend="italics">Journal of the American Medical Association,</hi>
 from Dr. E. W. Jenks, of Detroit.&rsquo;  This is the latest phase of the controversy which 

<pageinfo><controlpgno entity="i1995b080">080</controlpgno><printpgno>72</printpgno></pageinfo>we unwittingly precipitated by our notice of a certain ovariotomy performed at Grand Ledge, in this stat, on the eight of last October, at which an unusually large tumor, weighing 95 pounds, was successfully removed.  It may be remembered that we mentioned as a fact that Dr. E. W. Jenks, of this city, was the operator, and that Drs. Ranney, Post, Davis and Wright were his assistants.  Dr. Ranney, objecting to the statement that Dr. Jenks performed the operation, wrote a letter to the 

<hi rend="italics">Journal of the American Medical Association</hi>
 giving his version of the matter.  This was replied to by Dr. Jenks in a subsequent number of the 

<hi rend="italics">Journal,</hi>
 in a very explicit statement.  Dr. Ranney returns to the attack through the same medium, and in a letter containing many personalities reiterates his claim to having been the operator.  He had now got in two blows to Dr. Jenks&apos; one, when the editor of the 

<hi rend="italics">Journal</hi>
 concluded to close his columns to further articles from either side.  Dr. Jenks quite naturally desired to counter on Dr. Ranney&apos;s somewhat vicious assault, but Dr. Davis, the editor, was obdurate.  And this is the 

<hi rend="italics">raison d&apos;etre</hi>
 of the open letter before us.  The pamphlet is a very scathing arraignment, yet dignified withal, of Dr. Davis for his refusal to allow the writer to reply to the attack made on him, and contains a number of certificates from local physicians and citizens of Grand Ledge in support of Dr. Jenks&apos; claim to having performed the operation.  Such controversies are quite unfortunate, but Dr. Jenks can scarcely be blamed for his desire for justice, and we cannot but think that the editor of the 

<hi rend="italics">Journal of the American Medical Association</hi>
 should have allowed him space to reply to Dr. Ranney&apos;s attack.&rdquo;

<superscript>2</superscript></p></div>
<div>
<head>In Lighter Vein</head>
<p>At the meeting in 1878 it was &ldquo;moved that the selection of the two members (to appear before the judicial council of the American Medical Association to answer charges against the Michigan State Medical Society for &ldquo;irregular and unethical conduct&rdquo;) &ldquo;be referred to the nominating committee.&rdquo;</p>
<p>Dr. Brodie said he did not think that was the way.</p>
<p>The president saw &ldquo;no reason in the world why the aforesaid committee could not function in the matter.&rdquo;</p>
<p>A member moved that Dr. Brodie be appointed chairman of the committee.</p>
<p>The president thought that it would be as well to trust the election of counsel to the delegates.</p>
<p>Dr. Bartholomew moved as an amendment that Dr. Brodie be appointed chairman of the committee, which motion prevailed.  Dr. Brodie moved that Dr. Hitchcock be appointed the other.  Dr. Jerome moved as a substitute that Dr. Brodie be authorized to select his own associate counsel.</p>
<p>Dr. Shank:  &ldquo;From the doctor&apos;s indication in the matter I second the motion.&rdquo;</p>
<p>The motion was carried.</p>

<pageinfo><controlpgno entity="i1995b081">081</controlpgno><printpgno>73</printpgno></pageinfo><p>&ldquo;What action will the society take upon the original motion as now amended?&rdquo;  inquired the president.</p>
<p>A member moved that it lay (

<hi rend="italics">sic</hi>
) on the table.</p>
<p>It will please the reader of these extracts to know that the last motion was greeted with &ldquo;laughter.&rdquo;  It wasn&apos;t so deadly serious after all.</p>
<p>And further indication that the sense of humor was not extinct appears immediately thereafter.</p>
<p>Dr. Twiss then read the following:</p>
<p>To the officers and members of the Michigan State Medical Society:</p>
<p>I hereby charge the following named members of the Michigan State Medical Society, viz., Alonzo B. Palmer, Professor of Pathology; Donald Maclean, Professor of Surgery; Edward S. Dunster, Professor of Obstetrics, and W. J. Herdman, Demonstrator of Anatomy, now occupying these several positions in the medical department of the Michigan University, with disregard and violation of a resolution passed by the American Medical Association which reads as follows:  &ldquo;That the members of the medical profession who in any way aid or abet the graduation of medical students in irregular or exclusive systems of medicine are deemed thereby to violate the spirit of ethics of the American Medical Association.&rdquo;
<lb>
E. 

<hi rend="smallcaps">Twiss.</hi></p>
<p>Dr. Parmenter suggested that the words &ldquo;you bet&rdquo; be substituted for &ldquo;aid and abet.&rdquo;</p>
<p>A resolution being under consideration to extend thanks to the State Board of Health &ldquo;for the successful manner in which they have discharged their duties,&rdquo; Dr. Shank was moved to remark, &ldquo;I hope this motion will not prevail.  I hope you will not compliment the State Board of Health for saving life on any occasion, for just as sure as you do the next legislature will repeal the law.  Saving lives is not in their direction.&rdquo;</p></div>
<div>
<head>Dr. Eugene Smith and Dr. Brodie&mdash;A Passage at Arms</head>
<p>Eugene Smith:  &ldquo;I move that a nominating committee of five be appointed.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I move as a substitute that we proceed to the election of officers.&rdquo;</p>
<p>Dr. Smith:  &ldquo;I think that there are some papers to read and time can be saved by putting the nomination of the officers in the hands of a nominating committee.&rdquo;</p>
<p>Dr. Brodie:  &ldquo;I move that we go on with the regular order of business.&rdquo;</p>
<p>Dr. Hitchcock:  &ldquo;It would be better to have a committee appointed so they can be doing business.&rdquo;</p>
<p>The motion to proceed to the reading of papers was lost.</p>
<p>The motion to appoint a nominating committee was carried.</p>
<p>Dr. Brodie moved that Dr. Hitchcock be chairman of that committee.</p>
<p>Eugene Smith:  &ldquo;I am most happy to endorse the motion of Dr. Brodie.  It is sharp political dodge of the doctor&apos;s&mdash;no more, no less, and I appreciate it, in so far as it has been customary to nominate the man who makes the motion.  I, however, most heartily endorse his suggestion.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b082">082</controlpgno><printpgno>74</printpgno></pageinfo><p>The Chair was authorized to appoint a committee and named Dr. Smith chairman.  He asked to be excused on the ground that he had a paper to read, but was not excused.</p>
<p>It will be noticed that the designation &ldquo;Dr.&rdquo; twice fails to appear before the name of Eugene Smith but in the opinion of the reviewer no slight was here intended by the secretary.  Both Smith and Ranney (secretary were among the &ldquo;yeas&rdquo; on the homeopathic question.</p></div>
<div>
<head>Minor Matters of Contention</head>
<p>When other matters for disagreement among the profession were lacking the acceptance of invitations to entertainment supplied the deficiency.</p>
<p>Dr. Kedzie moved at the seventh annual meeting (Saginaw) in 1873 that the invitation to partake in the colloquial banquet at the Taylor House be accepted.</p>
<p>Dr. Inglis moved to amend by accepting both this and the invitation to the steamboat excursion.</p>
<p>&ldquo;Considerable discussion took place on this question, it being apparent that two entertainments could not both be attended on the same evening by the society.  Several of the members argued that the report of the Executive Committee be accepted and that the members be at liberty to go to Bay City or attend the banquet at the Taylor House.  Some of the members thought that all the physicians present should attend one entertainment. Dr. Brodie thought that this whole matter should be referred back to the Executive Committee.  After much discussion Dr. Parmenter moved the previous question which was sustained by a vote of the society.</p>
<p>&ldquo;The president ruled that no further remarks wer in order and put to vote the amendment of Dr. Inglis, which carried.  The original motion was then put and lost.&rdquo;</p>
<p>It becoming evident eventually that both indications were &ldquo;the result of a sincere desire to extend courtesy and hospitality to members,&rdquo; and that these &ldquo;should be left to follow individual preferences&rdquo; a motion to accept both invitations prevailed, but Dr. Jerome at a subsequent session rising to a question of privilege and to &ldquo;avoid conflict&rdquo; withdrew the invitation to the Taylor House &ldquo;colloquial.&rdquo;</p>
<p>Therefore the 

<hi rend="italics">Daniel Ball</hi>
 provided &ldquo;with eatables, drinkables and the little et ceteras&rdquo; was boarded and the party numbering over 200 gaily steamed down the Saginaw &ldquo;with colors flying, band playing and everybody hilarious.&rdquo;</p>
<p>At the Frazer House, Bay City, however, it was discovered that edibles were inadequate.  Provision had been made for only one third the number and nearly 300 persons crowded into the dining room.  The affair &ldquo;passed off pleasantly&rdquo; although &ldquo;the dishes were out of proportion to the guests&rdquo; (or 

<hi rend="italics">vice versa.</hi>
 C. B. B.), and the audience compelled to stand while taking supper.&rdquo;  Did they forego the after-dinner speeches?  &ldquo;The audience could not think of 

<pageinfo><controlpgno entity="i1995b083">083</controlpgno><printpgno>75</printpgno></pageinfo>leaving,&rdquo; and Dr. A. B. Palmer, president, Drs. E. W. Jenks, Foster Pratt, H. O. Hitchcock and J. B. Book responded to toasts.</p>
<p>The party reached Saginaw at &ldquo;about 1 o&apos;clock A.M.&rdquo;  On the way resolutions were adopted thanking the &ldquo;Bay County Medical Society, the proprietor of the Frazer House, and the captain and officers of the 

<hi rend="italics">Daniel Ball</hi>
 for courtesies extended the State Society.&rdquo;</p>
<p>Before adjournment the citizens of Saginaw Valley were also thanked by resolution for their hospitality.  In passing it may be of interest to remark that &ldquo;brotherly love&rdquo; was at this time a merely conventional formula as applied to Bay City and the Saginaws.  In this entertainment business the Bay City contingent evidently put one over.</p>
<p>&ldquo;The only point of special criticism we have to make here and now,&rdquo; writes Dr. Connor, &ldquo;lies in the meager attendance of the physicians of the Saginaw Valley.  .. Those that were with us were so perfect specimens of manly physicians that we wanted all the rest.&rdquo;

<superscript>2</superscript></p>
<p>This meeting was held in Bay City eight years later (1881).</p></div>
<div>
<head>Smallpox and Chickenpox</head>
<p>The following excerpt was reprinted in the 

<hi rend="italics">Bulletin of the Wayne County Medical Society</hi>
 from the 

<hi rend="italics">Journal of the American Medical Association</hi>
 of August 27, 1927:</p>
<p>&ldquo;The difficulty of differential diagnosis of smallpox and chickenpox has increased in recent years, because widespread vaccination of the population has reduced the opportunity to see cases of smallpox.  Suggestions to aid in such differential diagnosis, and recorded in 

<hi rend="italics">The Journal</hi>
 recently, are those of Hulshoff Pol, Jaksch-Wartenhorst, Sahli and Painton.  J. W. Toomb, chief sanitary officer of the Asansol Mines board of health, Bengal, India, has noted that the time interval between the date of onset of fever and the date of outbreak of eruption is dependably significant.  In the mining settlement of Asansol the colliery doctor babus were reporting all cases of sickness with vesicular eruption as chickenpox, although it was known that for many years smallpox had caused severe economic loss in the province.  To remedy the resulting inaccuracy, an order was issued to report all cases of sickness with vesicular eruption as &lsquo;smallpox,&rsquo; and to give, in addition, the dates of onset of fever and of outbreak of eruption.  Analyses of many hundreds of such reports showed that in chickenpox the time interval between the onset of fever and the beginning of the eruption never exceeded twenty-four hours, while in smallpox this period always exceeded forty-eight hours.  Proof that this distinction is important was obtained in 1925-1926, when smallpox was epidemic in Bengal.  At that time 65,795 of the inhabitants of Asansol were revaccinated, with success in 77 per cent.  Ninety-four persons who had had chickenpox, as diagnosed by the time interval method, were also revaccinated, with success in 75 per cent.  In the cases of 108 persons who had suffered from a disease diagnosed also by the time interval method as smallpox, revaccination was unsuccessful.  This method of diagnosis would not be dependable in that alleged form of mild smallpox called alastrim, in which a vesicular eruption occurs without fever or malaise.  However, as Toomb points out, if such cases do occur they are without importance in public health work as they do not cause either morbidity or mortality.  In his hands, differential diagnosis by the method outlined has proved &lsquo;simple, accurate and unambiguous.&rsquo;&rdquo;</p>
<p>&ldquo;Increased in recent years?&rdquo;  Probably.  But with more people in the world, more &ldquo;cases&rdquo; of different kinds, and more doctors, disagreements are less obvious than in by-gone days.  In the eighties acrimonious discussions as to the diagnosis between chickenpox and smallpox diverted public occasionally if carried on, as unfortunately they often were, between professional men of standing who permitted themselves to entertain 

<pageinfo><controlpgno entity="i1995b084">084</controlpgno><printpgno>76</printpgno></pageinfo>only the fraction of a grain of tolerance and never under any circumstances could be accused of super-saturation with &ldquo;brotherly love.&rdquo;  Such a situation was present in...</p>
<p>In the winter of 181 there arose a controversy among several, all esstimable and accomplished physicians, over local health activities.  The episode left an indelible impression upon a callow youth at tat time of less than three year&apos;s experience in practice.  So snappy and personal was it, that during the intervening period of forty-six years he has not once heard mention of smallpox and chickenpox without thought harking back to the &ldquo;chickens&rdquo; and the &ldquo;old he.&rdquo;  Indeed a resurgence of the old feeling of amusement led him to seek out the dog-eared files of a newspaper of the period, and copy the correspondence which follows:</p>
<p>April 19, 1881.</p>
<p>To the Editor:</p>
<p>Inasmuch as there has been an attempt on the part of Doctor &mdash;&mdash; to work up a &ldquo;boom&rdquo; on scarlet fever for the purpose of getting up an excitement in reference to the prevalence of that disease and then fix the cause of the prevalance of scarlet fever onus with the view of creating a feeling in the minds of the people detrimental to our interests, we feel it but justice to ourselves that the public should be let into the facts.</p>
<p>To start with, there has been no epidemic of scarlet fever in &mdash;&mdash; this winter.  It is true there has been prevalent a rash which in some particulars and to a superficial observer such as our expert health office is, has some of the appearance of scarlet fever, but in fact is not.  It is a comparatively new disease in this country called R&ouml;theln.  Hitherto this disease has prevailed principally in Germany and is sometimes called German measles.  It is a disease entirely free from danger, and in most instances the children affected with it declare, though they are covered with a rash, that they are not in the least sick.  In other instances it will be attended by a slight feverishness for a day or two.  In has no swquel&aelig; following it as have scarlet fever and measles.  This is the disease that the health officer calls scarlet fever.</p>
<p>This health officer has also labored hard to make the public believe that he was only performing his duty when he made a complaint against Drs. E &mdash;&mdash;, L &mdash;&mdash; and myself, that there was some new law requiring these reports and that he was driven to the course he adopted by the members of the local board of health and by the officers of the State Board of Health, all of which is untrue.  The law has been upon the statute books for the past thirty-five years; was revised and slightly changed in 1871, since which time it has been just as it now is.  The other members of the board of health assure me that they have had nothing to with forcing our arrest, but on the contrary tried to persuade the health officer to desist from aiding what they could see was simply a doctor&apos;s fight and would be sure to get the health office into trouble.  The complaint which he made, sworn to before Justice &mdash;&mdash; alleges that I attended scarlet fever in a certain family in &mdash;&mdash; about the first of December, 1880.  It seems to me that in a matter of so great importance he was slow in performing his duty, but large bodies move slowly [the health officer was a corpulent subject], hence probably, his delay.</p>
<p>There is possibly another object in the health officer being so active and determined to enforce an old law &mdash;&mdash;.</p>
<p>His object is this.  Just now an epidemic is in frightful progress in and about &mdash;&mdash;.  There have been within the last four weeks at least five cases of smallpox where there has been only one case of scarlet fever during the past four months.  Human life has been sacrificed; a panic exists in the surrounding country; people will not come to town; trade and business of all kinds except doctoring is paralyzed; a large bill of expense is being incurred in providing for and taking care of those afflicted by this disease [and the health office comes in for his share of the spoils], for all of which the health officer is particularly responsible&mdash;&mdash;.</p>
<p>What people are interested in knowing is why the pest house was not properly disinfected, and the clothing and other articles disposed of as the law directs.  If the health officer in his report to the common council on April 

<pageinfo><controlpgno entity="i1995b085">085</controlpgno><printpgno>77</printpgno></pageinfo>5th instead of straining the truth as he did when he said that an epidemic of scarlet fever was prevailing in the city&mdash;had told us the origin and cause of the present epidemic of smallpox and how when he visited the D&mdash;&mdash; family on March 19 and called their sickness smallpox, he came to change his opinion on the 20th and called it chickenpox, it would have made the report interesting.  &ldquo;Grave responsibilities&rdquo; rest with those who assume to know what they do not, and by their inexcusable ignorance endanger the lives of whole communities.
<lb>
Yours respectfully,
<lb>
&mdash;&mdash;&mdash;</p>
<p>April 20, 1881.</p>
<p>Mr. Editor:</p>
<p>Dear Sir:</p>
<p>You, no doubt, ere this, have heard of the arrest of Drs. &mdash;&mdash; and &mdash;&mdash;, on complaint of &mdash;&apos;s efficient health officer who writes his name, &mdash;&mdash;, for not reporting cases of scarlet fever (and not cases of smallpox, as has been reported) which wee claimed to have been treated by us.</p>
<p>We deny the charge.  In a report of the Board of Health of April 5, 1881, it says:  &ldquo;There is at present prevailing an epidemic of scarlet fever, which the Board of Health does not hold itself responsible for.&rdquo; We would ask any intelligent community if they ever knew of an epidemic of scarlet fever without being attended with a very great degree of mortality, and we challenge the citation of one fatal case in consequence of it.  The facts are these:  We have not an epidemic of scarlet fever, but we have an epidemic of smallpox prevailing among us.  In this report it goes on to say &ldquo;the Board considers the law in reference thereto wise and beneficial.&rdquo;  And so does our Prosecuting Attorney, who has promptly had our efficient health officer arrested for not reporting his cases, and there is no doubt but that he will find &ldquo;grave responsibilities&rdquo; resting upon him; yes, and the &ldquo;grave&rdquo; to yearn for the victims arising from his incompetency, gross negligence, or double distilled laziness.</p>
<p>If he had looked after the infected clothing which was left at the pest house after the death of young C&mdash;&mdash; (last fall), everything would have been lovely with us today, but as he failed to perform his duty, the clothing being left there, reeking with smallpox infection for some miscreant to steal, a portion of the bedding finding its way to the house of the D&mdash;&mdash;&apos;s, and a suit of clothes allowed to go perambulating through our streets on the person of Jack T&mdash;&mdash;, or as he is sometimes called, Royal Oak Jack; and it is through that source that we have our smallpox epidemic.  And to this Royal Jack and his infected clothing we can trace our last two cases, B&mdash;&mdash; and W&mdash;&mdash;, two young men from Canada, who are now cooped on Mrs. Henry W&mdash;&mdash;&apos;s farm.</p>
<p>The first case that cam down with the disease was about Feb. 20th.  Dr. S&mdash;&mdash; was called, and he pronounced the disease to be chickenpox; and from that date until th 28th day of March we had chickens hatching out on our maim street.  It is a wonder our market has not been glutted with spring chickens.  On or about the 19th day of March, Frank C&mdash;&mdash; had occasion to go to the house of the D&mdash;&mdash;&apos;s in search of a man to cut some wood for him, and upon opening the door he exclaimed, &ldquo;Good God, you&apos;ve all got the smallpox.&rdquo;  So straightway he went to find the city marshall, and straightway the city marshal&apos;s wife went after Doctor E&mdash;&mdash;, the health officer, who was forthcoming, who visited the den of contagion, and called it smallpox.  A little farther along in his report on the 5th he says:  &ldquo;Epidemic can be prevented or controlled by prompt and efficient action in their early stages.&rdquo;  Why did he not take prompt and efficient action on the 19th day of March, which was the day he visited the den of contagion and called it smallpox?  But unfortunately it went by that name only a few hours, for upon the following day he gave it its first Christian name, chickenpox.  If, on the 19th, he was suspicious that it was anything of a contagious nature, why did he not take every precaution to guard our people against its contagious influences?</p>
<p>Did he do it?  Judging from the number of chickens scattered around the county, we don&apos;t think he did.</p>
<p>On the fatal day,the 20th, the day that he substituted &ldquo;chicken&rdquo; for &ldquo;small, (by the way, when you read this article don&apos;t make a mistake and call it small chicken for it was not;&mdash;it was a regular old Shanghai), we notice in his report that two more broods of chickens were peeping in their shells, and it is supposed 

<pageinfo><controlpgno entity="i1995b086">086</controlpgno><printpgno>78</printpgno></pageinfo>that there were so many of these little innocent birds hovering around him that he became bewildered, and he might have been heard to exclaim.  &ldquo;How can it be possible that I was so mistaken on yesterday as to give you that vile name, smallpox?&rdquo;  And it was proclaimed to our people that in that den of smallpox contagion there were only a few broods of innocent chickens.  And so the propagation of chickens went on until the 27th day of March, when by mere accident the true nature of the disease was found out.  Dr. S&mdash;&mdash;, the attending physician, gleaned from the family these facts, that they were using bedding which has been stolen from the pest house, and upon the information he based his diagnosis as smallpox, and immediately reported it to Dr. E&mdash;&mdash; as such, who for the first time, took proper steps to guard our people against exposure; and upon the night of the 28th the whole family of chickens were removed to the pest house, being fifteen in number, including the old hen.</p>
<p>Why would it not be a wise suggestion to our Common Council to have Frank C&mdash;&mdash; appointed health officer of the city of &mdash;&mdash;, and to send the present incumbent out West to look after smallpox cases among the aborigines, for there his knowledge as an expert upon that disease would not be put to the severe test that it has been here of late, as it has been stated upon good authority, that they do not have any chickens running at large off there.</p>
<p>So much for our efficient health officer, who has been so solicitous in reference to our public health, and has been so extremely anxious to enforce the law thereto, and who has rendered such valuable services to the citizens of &mdash;&mdash; and vicinity.
<lb>
(Signed) &mdash;&mdash;</p>
<p>April 13, 1881.</p>
<p>A CARD</p>
<p>Interested and maliciously disposed persons have industriously circulated the report throughout the city and surrounding county that I am constantly in attendance upon the cases of smallpox confined in the pest house, and also that both of my children have had smallpox and been kept quietly at home, while I attended to my other patients and went about the streets as usual.  All of this is without the slightest foundation in fact, as I have not seen or visited any person sick of smallpox or varioloid since two weeks ago last Sabbath day, nor have either of my children been sick for a moment since with any disease except the effects of vaccination.  To-day (Tuesday) is the 16th day since the cases were reported to the Board of Health, and so far as I have been able to learn only one person living within the limits of the City of &mdash;&mdash; and outside the pest house, is suffering from the efforts of smallpox poison in any form.
<lb>
(Signed) &mdash;&mdash;</p>
<p>April 20, 1881.</p>
<p>A CARD</p>
<p>To the Public:</p>
<p>A complaint has been made against me by Dr. E&mdash;&mdash;, health officer of the Board of Health of the city of &mdash;&mdash;.  Said oath or complaint is that I willfully refused to report certain cases of scarlet fever which I attended in the family of J&mdash;&mdash; V&mdash;&mdash;.  The accusation is not true, for the following reasons.  First, I never have refused to report any disease dangerous to the public health which I have attended, and did report said cases to Dr. E&mdash;&mdash;, and am informed by a member of the Board of Health that the records show the fact.  I did so as soon as I could procure the blanks, as I had none in my possession at the time.  The Board of Health had neglected to leave them at my office, as has been the custom before this, and a duty urged upon them to do by the State Board of Health, perhaps intentionally neglected by the health officer.  Hence, I believe the complaint to have been brought on the part of Dr. E&mdash;&mdash; in malice, and without the knowledge or consent of the Board of Health.
<lb>
(Signed) &mdash;&mdash;</p>
<p>&ldquo;While the log-raising was progressing, a son of Mr. Roorabeck, a lad about nine years of age, came out from their tent and sat on a log near to where the men were at work, having what appeared to be an eruptive disease ... the family called it chickenpox.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b087">087</controlpgno><printpgno>79</printpgno></pageinfo><p>Diagnosis of smallpox was made by a physician a few days later.  Thereafter were quite a number of cases, three fatal.  The infection was acquired on a boat on Lake Erie.  This was in 1835.

<superscript>5</superscript></p></div>
<div>
<head>A Setting Right</head>
<p>There is no record of medical brethren in the good old days taking their punishment lying down, and differences of opinion were invariably proclaimed in the open.</p>
<p>Drs. A. B. Palmer and Moses Gunn and Mr. Frederick Stearns, in assuming control and editorial responsibility for the new (merge) 

<hi rend="italics">Peninsular and Independent Medical Journal,</hi>
 announced, &ldquo;By an agreement made between the editors it is specified, that &lsquo;both in the production of their own pens, and in the contributions and selections they will guard with vigilance against the indulgence of any partisan feeling or practices; that they will guard against the revival of past controversies connected with the history of the former journals,&rdquo; ect.</p>
<p>In &ldquo;A Setting Right&mdash;Not a Criticism&rdquo; the author declares that &ldquo;our plain common sense criticism&rdquo; in a former number (of the same journal) &ldquo;had very much disturbed the equilibrium, if, indeed, he ever had any, of the author; and we somewhat fear the approach of eclampsia (commonly called fits).  .. We exceedingly regret that a man of such calibre and of such world-wide reputation as a physician and author, as he would have us think his references would seem to indicate ... should be so easily thrown off his balance ... indulge in the low ridicule ... literally to empty himself as if by the action of a violent emetic, of so many undignified and unbecoming appellations with which his puerile production seems only to abound.&rdquo;

<superscript>11</superscript></p>
<p>How could this have escaped the composite vigilant eye of the triumvirate who promised reform for themselves and safeguarding the reader from the unpleasantly controversial?  The truth seems to be they didn&apos;t go far enough and include &ldquo;personal&rdquo; with &ldquo;partisan feeling or practices.&rdquo;</p>
<p>Just here the reviewer, like the sheriff of Nottingham, finds himself for the first time in error.  The editors themselves discovered what might be considered an inconsistency and in the same number of the 

<hi rend="italics">Journal</hi>
 on a later page &ldquo;apologize for an article in the original department of this number.&rdquo;  Disputants are begged in future to &ldquo;confine themselves to the real issue; so shall science and politeness at once be served.&rdquo;</p></div>
<div>
<head>Damages, My Lord&mdash;Heavy Damages</head>
<p>&ldquo;In an editorial article in the March number of the above journal [

<hi rend="italics">Cincinnati Lancet and Observer</hi>
] among much other personal abuse of less consequence the following statement is made:</p>
<p>&ldquo;&lsquo;Dr. P. although he appends the title of A.M. to his name, has no such title from any college or university; and the same we believe is true of Dr. Sager.&rsquo;</p>

<pageinfo><controlpgno entity="i1995b088">088</controlpgno><printpgno>80</printpgno></pageinfo><p>&ldquo;As this is an accusation calculated to vitally affect our honor, we cannot let it pass as we shall the rest of the abuse from the same source.</p>
<p>&ldquo;All we have to say at present is, that if the editors, Edward B. Stevens, M.D., and John A. Murphy, M.D., do not retract the statement and apologize for the same&mdash;giving the retraction as extended a circulation as the slander, it will be necessary to publish them to the Profession as Common Libellers and Defamers, besides considering such other means of justice ad redress as may be necessary to restrain a vicious license of the Press.  A. B. P.&rdquo;

<superscript>11</superscript></p>
<p>A retraction having followed and the information which the 

<hi rend="italics">Lancet and Observer</hi>
 received traced to correspondence 

<hi rend="italics">unsolicited,</hi>
 Dr. Palmer writes, &ldquo;We have now done with the 

<hi rend="italics">Lancet and Observer,</hi>
 and are inclined to think, also, with its 

<hi rend="italics">unsolicited</hi>
 correspondent.  To the latter, if in the future he will but keep out of our path, we can afford to say as Uncle Toby said of the troublesome fly which he caught, and which most others would have crushed, &lsquo;Go, poor devil, get thee gone&mdash;this world is surely wide enough to hold both thee and me.&rsquo;&rdquo;

<superscript>11</superscript></p></div>
<div>
<head>Rynd vs. Brodie</head>
<p>Charles Rynd while yet a medical student crossed swords with Dr. William Brodie (an extra-hazardous undertaking) on a paper of the latter on &ldquo;Simple Abscess of Bone with Enlargement.&rdquo;  He (Brodie) says, quotes Rynd, &ldquo;&lsquo;We have recorded the above cases that the observation of others may be called out.&rsquo;  We answer, &lsquo;The observation after which he so anxiously seeks might easily have been found in the library of any respectable practitioner.&rsquo;  We trust that Dr. Brodie will be more guarded when he next attempts to enlighten the profession on a subject of which he had never &lsquo;even heard of&rsquo; previous to the summer of 1854.&rdquo;

<superscript>11</superscript></p></div>
<div>
<head>Brodie vs. Palmer</head>
<p>Extreme conscientiousness and search for light marked the correspondence of Dr. William Brodie with the 

<hi rend="italics">Detroit Review of Medicine and Pharmacy</hi>
 (1873) and comment thereon, anent an address of Dr. A. B. Palmer.  The deadly parallel column was employed, a critical article from the 

<hi rend="italics">Adrian Times and Expositor</hi>
 quoted, and then (very gently), &ldquo;We make no charge against Dr. Palmer.  We only point out the queer coincidence.  Possibly Dr. Palmer wrote his lecture before Mr. Murphy wrote his essays, possibly Murphy is the plagiarist.  If so, Dr. Palmer has only to say so.  When he does we may refer to the subject again.&rdquo;

<superscript>3</superscript></p>
<p>&ldquo;Faithful are the wounds of a friend.&rdquo;  The animadversions were taken up with spirit by Dr. Palmer, who writes, &ldquo;Standing as we are said to do upon the shoulders of our predecessors, constantly making use of the accumulated knowledge of the past, it is impossible to present any subject of science without expressing at least some ideas similar to those that have 

<pageinfo><controlpgno entity="i1995b089">089</controlpgno><printpgno>81</printpgno></pageinfo>been expressed before.  If one cannot in a public address legitimately announce a principle or make a statement similar to one which may be found in the works of those who have written on the same subject, without tracing such principle or statement to its original source and giving credit for it, then there is an end to legitimate, efficient and instructive public addresses.</p>
<p>&ldquo;Had the member of the State Medical Society who made this remarkable discovery of parallelism in the above quoted passages, ever himself delivered an address in which a series of the laws of nature was correctly announced, I cannot doubt but that it might have been found that some one else had mentioned some of those laws before; but, unfortunately, no means of tracing such a resemblance are at hand.  Had he been president of the State Medical Society, he might have had such an opportunity.&rdquo;

<superscript>3</superscript></p></div>
<div>
<head>Smith vs. Robinson</head>
<p>Dr. L. G. Robinson reported in the 

<hi rend="italics">Peninsular Journal of Medicine</hi>
 for August, 1853, a case of &ldquo;Amputation at the Hipjoint&rdquo; made by Dr. E. M. Clark.  Dr. Isaac S. Smith of Detroit lost no time in making the inquiry, &ldquo;Was there any hope of recovery in the case reported by Dr. Robinson&mdash;the pulse 100, the patient emaciated, having a cough, and poorly provided with the necessaries of life, and was it prudent under such circumstances to amputate?  Experience tells us NO!&rdquo;</p>
<p>&mdash;&mdash; 

<hi rend="italics">vs.</hi>
 &mdash;&mdash;</p>
<p>Commenting upon the report of a surgical operation in the lay press, a medical editor of the Victorian Age of accuracy and tolerance writes, &ldquo;The prescience and omniscience of the reporter are also remarkable, for of course he was not present at the operation&mdash;the code of ethics forbids that, and the minuteness of the details and the knowledge of what will yet be necessary to make the operation a complete success must have come to him in some supernatural manner.&rdquo;</p>
<p>The inference is scarcely plausible.  Evidently there had been painstaking research on the part of the reporter who had discovered that &ldquo;the operation above described has been performed a number of times in this country, but all the cases of which (he) could find any record resulted in death.&rdquo;</p>
<p>At all events the present reviewer justifies himself in withholding the source of the quotations because of adherence to materialistic philosophy and deference to the shades of eminent surgeons.</p></div>
<div>
<head>Homeopathic vs. Scientific Surgery</head>
<p>The above is discussed freely and with the usual amenities of the period in the 

<hi rend="italics">Michigan Medical News,</hi>
 Vol. I, 1878.  The participants were propagandists of the respective &ldquo;schools.&rdquo;  Dr. Gilchrist representing the first, Dr. Maclean the second, while Dr. Parmenter lent his aid to procuring affidavits 

<pageinfo><controlpgno entity="i1995b090">090</controlpgno><printpgno>82</printpgno></pageinfo>affidavits and verifying or disproving allegations on the part of the subjects of clinical activities.</p>
<p>In the language of the &ldquo;flapper,&rdquo; it was &ldquo;grand&rdquo; and the present generation it is not destined to look upon its like.</p>
<p>&ldquo;At Professor Maclean&apos;s request a committee was appointed by the Board of Regents at its late meeting to investigate the Sheriff controversy, which committee determined (1) that Professor Gilchrist had dismissed Sheriff as incurable; (2) that Professor Maclean did not seduce Sheriff or any other patient from the homeopathic clinic; (3) that Professor Maclean completely cured Sheriff of his obliteration of the uretha.  These impartial conclusions vindicate effectually Professor Maclean&apos;s public conduct in the matter of the University hospital, as they also do his personal veracity which as been publicly called in question.&rdquo;

<superscript>8</superscript></p></div>
<div>
<head>Joy to the (Medical) World</head>
<p>Dr. D. A. Joy, assistant in the laboratory, University of Michigan, had manufactured an electric belt and several members of the faculty had certified, so to speak, to its moral character.  Dr. Joy sold the right to manufacture to one M. V. Wagner of Marshall, by whom the belt was &ldquo;extensively advertised&mdash;after the manner of quack medicines.&rdquo;

<superscript>8</superscript>
  Joy was held responsible by some of the physicians for misuse of the certificates and Drs. Frothingham, Maclean and Palmer were opposed to his continuing in the medical department.  Dr. Frothingham submitted to the regents a complaint against him and asked for his removal.  His defense was that he had secured discontinuance of the advertisements as soon as they came to his notice.  Drs. Dunster and Langley favored him.  Drs. Ford and Prescott were outwardly at least neutral&mdash;if there&apos;s any such animal.</p>
<p>At a meeting of the Board of Regents an attentive ear was lent to the young man (so writes Dr. Mulheron) and there as administered &ldquo;to his accuser all the snubbing implied in a complete exoneration of the accused.&rdquo;

<superscript>8</superscript></p>
<p>&ldquo;Our connection with the affair was simply that of a journalist who owes it to the profession to expose deflection of the nature implied in the conduct of &mdash;&mdash;etc., etc.  We are accused of envy (save the mark), spite, animus, and sundry other motives, and our charges, subsequently made, were pronounced to be the baseless figment of a perverted imagination.</p>
<p>&ldquo;We deprecate the personal references which were first willfully introduced by...&rdquo;</p>
<p>But why continue&rdquo; A public weal purpose was accomplished, and the reader is liberty to fill out remaining lines as he (or she) wills.</p>
<p>&ldquo;Thus ends the Joy Electric Device (with scrotal attachment) affair.&rdquo;</p>
<p>However, contrary to this happy assurance, the end was not yet.  Confronted with the resignations of Drs. Maclean and Frothingham, the Board of Regents discovered new light &ldquo;and thought differently, at least we shall be charitable enough to suppose they did,&rdquo; and gave Dr. Joy &ldquo;the alternative of resigning or to have his chair knocked from under him.&rdquo;  He refused, 

<pageinfo><controlpgno entity="i1995b091">091</controlpgno><printpgno>83</printpgno></pageinfo>believing the University could not &ldquo;in the long run profit by thus sacrificing principle to expediency.&rdquo;

<superscript>8</superscript></p>
<p>What was due to arrive, therefore, arrived.</p>
<p>And apropos the &ldquo;Electric Device&rdquo; matter:  &ldquo;Rida Ollapood, M.D.&rdquo; furnishes

<superscript>8</superscript>
 fanciful certificates which at this remote period of time in complete detachment, and without disrespect to the shades of the meritorious and lovable professors whose feet slipped, may be introduced as a contribution to the gaiety of nations.  One was from a druggist in Texas, whose wife was cured of sterility through &ldquo;a full set&rdquo; (of the devices), &ldquo;and one for himself.&rdquo;  The tangible evidence of this was the production of triplets.  Another in Illinois who was relieved of a chronic disease after &ldquo;twenty different kinds of roots&rdquo; boiled down in a wash-boiler had been ineffectual&mdash;a boiler lasting her but a week and her husband tired of digging&mdash;was out of bed and able to do a washing soon after the application.</p>
<p>A farmer, in Ontario, whose wife&apos;s heels were like to two chunks of ice and who used to stick them against his stomach of nights, procured heel devices that &ldquo;fitted her to a &lsquo;T&rsquo;&rdquo; and records that she is &ldquo;now well, for which he is glad.&rdquo;</p>
<p>A doctor, also living in Illinois, esteemed &ldquo;your &lsquo;devices&rsquo; as one of the grandest inventions of the age:&rdquo;  quite naturally, he having been &ldquo;called to see two men a few days ago who had been fighting, and had chewed each other up very badly.&rdquo;  He &ldquo;got their noses and ears on all right,&rdquo; but was afraid he &ldquo;got their testicles mixed.&rdquo;  He applied the scrotal devices, likewise the nasal and the anal&mdash;and the result is that you would hardly know the two men now.&rdquo;</p>
<p>However, &ldquo;The Michigan College of Medicine, Dr. E. Halsey Wood and the editor of the 

<hi rend="italics">Detroit Lancet</hi>
 are included&rdquo; in a &ldquo;sacred&rdquo; directed to the 

<hi rend="italics">Medical News</hi>
 by Dr. Frothingham, &ldquo;and are severally touched up in Dr. F.&rsquo;s happy style,&rdquo; but Mulheron finds it difficult to see &ldquo;what either of these has to do with the question of Dr. Joy&apos;s Electrical Devices (with scrotal attachment).&rdquo;

<superscript>8</superscript></p></div>
<div>
<head>A Testimonial</head>
<p>At the same time the electric-device-with-sundry-attachments controversy was going forward, a Detroit physician found himself in contention with the manufacturer of a copyrighted pharmaceutical preparation owing to the publication of a personal letter to other physicians recommending it as used successfully.  His indignation was extreme and he evidently thought it the part of wisdom to placate the caustic Mulheron by revealing the facts to the 

<hi rend="italics">Michigan Medical News.</hi>
  This expedient was tactful, timely and successful.</p>
<p>Mental anguish was acute and wide-spread at this period, and no one knew what a day might bring forth.</p>
<p>And Dr. Connor and Dr. Mulheron were, for the nonce, in complete accord in this matter.  Summing up, the former writes, &ldquo;Let us by common consent drop all certificate writing, whether of medicines, mineral waters, 

<pageinfo><controlpgno entity="i1995b092">092</controlpgno><printpgno>84</printpgno></pageinfo>surgical instruments, etc., etc.  Let quacks and outsiders occupy this field exclusively.&rdquo;

<superscript>2</superscript></p></div>
<div>
<head>Batwell vs. McGraw</head>
<p>Before the Washtenaw County Medical Society in 1882, Dr. Edward Batwell of Ypsilanti discussed the &ldquo;Relative Merit of Circular and Flap Amputations.&rdquo;</p>
<p>And in the same number of 

<hi rend="italics">The Clinic</hi>
 he reluctantly criticizes Dr. McGraw for &ldquo;using an Esmarch bandage above the seat of disease,&rdquo; and decidedly differing with him &ldquo;where he directs the attention of his students to the ligature of veins.&rdquo;  (

<hi rend="italics">See</hi>
 Volume I, Page 515.)</p>
<p>&ldquo;Filling a wound with extra ligatures and drain tubes or any extraneous substance to prevent primary union,&rdquo; Dr. Batwell continues, &ldquo;we look to as decidedly questionable.&rdquo;  And in his opinion &ldquo;the graphic description given by Professor McGraw of &lsquo;drawing your patient off the table&rsquo; so as to complete your operation savors so much of the absurd that we cannot entertain the idea that anything but a joke was meant.&rdquo;</p>
<p>Certainly Dr. Batwell lived well up to his name.</p>
<p>&ldquo;The following clipping is from the 

<hi rend="italics">Detroit Post and Tribune</hi>
 of March 7, 1882:</p>
<p>RESIGNED FOR THE SAKE OF HARMONY</p>
<p>&ldquo;Medical politics in this city are 

<hi rend="italics">sui generis.</hi>
  It will be extraordinary if the following letter from Dr. Brown, a lecturer in the Detroit Medical College, who recently sent it to its address, does not provoke some sort of comment.  The retiring professor has been a member of the Detroit faculty only since last September.  The letter reads thus:&rdquo;
<lb>
251 Woodward Avenue,
<lb>
Detroit, Sat. Eve, March 4, 1882
<lb>
Hon. Philo Parsons, Secretary of Trustees,
<lb>
Detroit Medical College.</p>
<p>Dear Sir:  With all due regard for the honor shown me by your board of trustees in appointing me lecturer on physiology, I hereby tender my resignation.  The feeling that harmony, unity, and freedom from jealousies should exist with the college faculty, to make your school a success, has prompted this action.
<lb>
Respectfully yours,
<lb>
I. E. 

<hi rend="smallcaps">Brown,</hi>
 M.D.,
<lb>
Lecturer on Physiology.

<superscript>2</superscript></p>
<p>The first part of a maxim much later enunciate by an admirable President, &ldquo;Tread softly,&rdquo; etc., was not in vogue in the eighties.</p>
<p>&ldquo;If instead of holding these charges, dated December 19, 1877, in his own hands until the meeting of the State Society on the 15th inst.,&rdquo; writes Dr. R. C. Hutton, &ldquo;Dr. Beebe had presented them personally at either of the two meetings of the Livingston County Society, held since the date of these charges, it would have addressed itself to my judgment as the more appropriate course, and would have relieved all concerned in the transaction, of a too apparent want of ingenuousness.&rdquo;

<superscript>2</superscript></p>

<pageinfo><controlpgno entity="i1995b093">093</controlpgno><printpgno>85</printpgno></pageinfo><p>At a period where rocks and missiles filled the air such stylistic writing is noteworthy.</p>
<p>In the discussion of a paper on &ldquo;The Symptoms and Diagnosis of Typhoid Fever&rdquo; read at the meeting of the Michigan State Medical Society in 1896, Dr. George Dock found himself under fire from various parts of the room.</p>
<p>He defended the cold bath and said &ldquo;a patient who is put on the cold bath treatment is not dropped in a tub of cold water which freezes him or frightens him to death, but he is allowed to walk into the tub of water or is placed there.  As soon as he gets in the tub he rubs himself and is rubbed by the attendant over the arms and legs and over the thorax so that at the time he comes out of the bath, so far from being pale and having a washer-woman&apos;s skin or looking as if the bath had been to much for him, he comes out with a skin looking more like that of a man training for a prize fight, and at the end of three or four weeks&apos; treatment the man will have a skin more like that of an athlete than that of a patient who had been very sick.  The internal congestion does not take place at all.  It is entirely imaginary.&rdquo;</p>
<p>Replying to the criticism that the bath is laborious, he said, &ldquo;There are very few houses where there are not people who have sense enough to carry out the cold bath in typhoid fever.  I have known it to be carried out by persons who might be called ignorant.  Whenever a patient is sick with typhoid fever in a private house a great deal of work is thrown on the people in the house ... and the patient is certainly not so much disturbed as when he has to swallow drugs, and unpleasant drugs at that, every fifteen minutes.&rdquo;</p>
<p>Dr. George Duffield said:  &ldquo;In listening to the remarks upon the treatment of typhoid fever by Dr. Dock of Ann Arbor, we are impressed with the fact that he is condemning a treatment that he has never tried and upholding one that we have all tried, and I may say many times have found wanting.  For a number of years I tried the Brand method and gave plunge baths whenever the patient&apos;s temperature rose to 102.5&deg; I was not fortunate enough to have as many strong patients as Dr. Dock had in the college hospital, that were able to walk to and from the bath room, but they were so weak they had to be lifted in a sheet into the tub at the side of the bed and lifted out in the same way.  We had not the use of students 

<hi rend="italics">ad libitum</hi>
 to give these baths, but a limited number of trained male and female nurses, and the task was a laborious one.&rdquo;</p>
<p>Dr. J. H. Kellogg said he had been using the cold bath in typhoid fever for twenty years and had had very good success.  &ldquo;Some nineteen years ago I had an epidemic of typhoid fever with forty cases.  All covered with simply the cold bath treatment.&rdquo;</p>
<p>Dr. Wright of Unionville was worried over death certificates.  &ldquo;Then those patients die?&rdquo; inquired Dr. Dock.  To which Dr. Wright replied, &ldquo;Two patients have died out of about 125 cases.  We have treated about two hundred cases.&rdquo;  In answer to Dr. Dock&apos;s inquiry, &ldquo;What do you give as the cause of death?&rdquo;  Dr. Wright replied, &ldquo;We have many and various causes 

<pageinfo><controlpgno entity="i1995b094">094</controlpgno><printpgno>86</printpgno></pageinfo>that might be given.  We call it malarial broken down constitution that cannot stand the run of these fevers.&rdquo;</p>
<p>Dr. Dock said it was far from him to make a diagnosis of two hundred cases he never saw, but he had &ldquo;seen such cases before and a large majority of them turned out to be typhoid fever.&rdquo;</p>
<p>Interrogated again by Dr. Dock as to what he gave as the cause of death in certain cases, Dr. Wright replied &ldquo;extreme prostration or broken down system,&rdquo; whereupon Dr. Dock asked, &ldquo;Is that a legitimate cause of death?&rdquo;</p>
<p>The discussion was lengthy, and near the conclusion Dr. Wright did not wish to discuss the matter further, only to say, &ldquo;I have Spencer, Loomis, Flint, Osler, and as far as quinine is concerned, Osler gives as many as 48 grains of quinine in twelve hours.&rdquo;</p>
<p>Dr. Dock:  &ldquo;He does not recommend such a dose, though, Doctor.&rdquo;</p>
<p>In a symposium on tuberculosis at the meeting of the State Medical Society in 1894 Dr. Heneage Gibbes of the University divided consumptives into bacillary and non-bacillary cases and declared that the nature of the latter cases should be decided, &ldquo;as it will be a very serious matter if all bacillary cases are isolated in some special hospital and yet these non-bacillary cases, which are capable of spreading the disease, as has been clearly shown by experiments on susceptible animals, should be allowed to remain at large to inflect the community.&rdquo;

<superscript>13</superscript></p>
<p>&ldquo;Unguided by science or art,&rdquo; said Dr. D. W. C. Wade of Holly, &ldquo;tuberculosis of the lungs sooner or later destroys life.  Spontaneous cure has been remarked in the dissecting room, but not outside of it that I am aware of.</p>
<p>&ldquo;Bryant in his &lsquo;Ode to Consumption&rsquo; written many years ago, says in relation to the prognosis&mdash;
<lb>

<hi rend="blockindent">&lsquo;The fields for three have no medical leaf
<lb>
And the vexed ore no mineral of power.&rsquo;</hi>
Until recent times the truth of this statement had not been disputed; today we are not willing to admit it.&rdquo;</p>
<p>Dr. E. L. Shurly recommended among other medicinal remedies in treatment &ldquo;iodine and chloride of gold and sodium,&rdquo; and felt that if iodine could be used hypodermically without pain &ldquo;we could relieve a much larger number of cases.  That seems to me the 

<hi rend="italics">one</hi>
 great drawback to its quite universal adoption.</p>
<p>&ldquo;The habits of the patient are to be well looked after, especially the habit of walking or otherwise trying too much exercise when the body temperature is up to, say, 102&deg; or 103&deg;.&rdquo;</p>
<p>With some patients &ldquo;hydrochlorate of quinine by hypodermic injection&rdquo; is useful in the control of pyrexia.</p>
<p>Dr. Wilkins of Eaton Rapids, himself a sufferer from the disease, thought &ldquo;that every person afflicted with pulmonary trouble is better out of 

<pageinfo><controlpgno entity="i1995b095">095</controlpgno><printpgno>87</printpgno></pageinfo>doors.  He should be out as much as possible.  I am myself out every day and have been during the past winter.&rdquo;</p>
<p>Dr. Conrad Georg of Ann Arbor came there &ldquo;thinking that the etiology of tuberculosis was considered a settled fact.  At least, in the entire literature of Europe, especially of Germany, which I read mostly, tuberculosis, in all its manifold forms, is today regarded as due to the tubercle bacillus, discovered by Dr. Koch about twelve years ago.&rdquo;  He marvels that &ldquo;a pathologist of know repute, known throughout Europe, known as a competent man, honored by his government, proclaims here that there is a form of tuberculosis, distinct in type, in which the tubercle bacillus cannot be found by any means ...  I think that this is a question that challenges today the pathologists of the world...&rdquo;</p>
<p>Dr. Georg had used hypodermically both the cantharidate of potassium and the cantharidate of sodium and in one of his cases in the city of Chicago, the attending physician had such an effusion of serum into the glottis, that he (Georg) &ldquo;came near making a similar report to that of a fatal case which I made years ago, here in Lansing, when we had the gas treatment.&rdquo;</p>
<p>Dr. Gibbes, replying to Dr. Georg, appealed to Drs. Shurly and Duffield who replied, as one, &ldquo;Yes&rdquo; to the question whether the case of Lizzie S. was remembered, where &ldquo;I think, Dr. Duffield, you examined [the sputa] and found no bacilli there.  I examined the sputa in that case myself, and we have never, in that case, found one single bacillus during life, or in the lungs after death.&rdquo;</p>
<p>He had, notwithstanding this, inoculated guinea pigs from the sputum &ldquo;which killed those guinea pigs in the usual way.&rdquo;</p>
<p>Dr. Vaughan inquired whether there &ldquo;were any bacilli in those guinea-pigs; anywhere in those guinea-pigs, when they died of tuberculosis.&rdquo;  To this Dr. Gibbes could not reply &ldquo;offhand.&rdquo;</p>
<p>Dr. Frederick G. Novy of the University in a paper at this meeting on &ldquo;Communicability and Prevention&rdquo; said, &ldquo;There is only one rational explanation of this concordance of results; only one logical deduction that can be drawn, and that is that tuberculosis is communicable disease.&rdquo;</p>
<p>It has been &ldquo;shown to be a communicable infectious disease due to the presence, growth and multiplication of the tubercle bacillus.&rdquo;  The modes of infection &ldquo;are not theoretical, but have been demonstrated experimentally with pure cultures of the tubercle bacillus, as well as with tubercular tissue.&rdquo;</p>
<p>That milk (from tuberculous cows) &ldquo;may be infectious, is clearly demonstrated.&rdquo;  It should not be understood that this is invariably the case.</p>
<p>Next came a paper by Dr. Henry B. Baker of Lansing, secretary of the State Board of Health, on &ldquo;The Relation of the State to Tuberculosis.&rdquo;</p>
<p>&ldquo;The State Board of Health believes that consumption is a dangerous communicable disease.  It has so declared by resolution.&rdquo;</p>
<p>Dr. Baker requests the co&ouml;peration of the profession in the notification program.</p>
<p>Came then the discussion of the last two papers, and Dr. Shurly lifted 

<pageinfo><controlpgno entity="i1995b096">096</controlpgno><printpgno>88</printpgno></pageinfo>up his voice.  &ldquo;It is taken for granted,&rdquo; he said, &ldquo;by these gentlemen that these are 

<hi rend="italics">all</hi>
 communicable through the inhalation of the tubercle bacillus emanating from dried sputum.  It is taken for granted.  I say.  And one of the gentlemen, Dr. Baker, says that 3,000 cases occur in the State of Michigan 

<hi rend="italics">through contagion</hi>
 every year.  But he does not give us any statistics to show how many of these cases have been actually acquired by personal communication.  I therefore challenge the statement.  I appeal to any practitioner in this room who has had ten or more years of practice, to decide whether three thousand cases have all arisen through the inhalation of sputum, or by contact with other consumptives.  .. Far better would it be for the State Board of Health and the legislature to formulate some plan by which church and state would prevent those unholy marriages which bring forth such weaklings.&rdquo;  (Applause.)</p>
<p>Dr. Green said, &ldquo;I understand the doctor to say he does not believe in the communicability of tuberculosis by milk.  .. Now I would like to ask the doctor, if the would be willing to use such milk in his own family or advise it to be used among the children of his patients.&rdquo;</p>
<p>To which Dr. Shurly replied, &ldquo;I would not use the milk from any very sick animal, but I would not refuse to use milk from any cow because the injection of tuberculin showed reactionary fever.&rdquo;</p>
<p>Dr. S. Bell of Detroit after mentioning climate, residence, food, etc., said, &ldquo;A state hospital is not what is most desired or needed, neither can the tuberculous patients classed and treated the same as subjects of well-known communicable diseases.  It is practicable and should be done in every case, 

<hi rend="italics">viz.:</hi>
  the preservation and destruction of the sputa.&rdquo;</p>
<p>Dr. Vaughan thought the logic employed in the discussion was bad.  He granted for the sake of argument that climate, hereditary taint, etc., were influential, but supposing all these conditions must be present in the individual before he can develop tuberculosis, he pertinently inquired whether it was practicable &ldquo;to change the climate for everybody,&rdquo; and said &ldquo;the only possibility of controlling the spread of consumption consists in the destruction of the bacillus.&rdquo;  He expressed himself &ldquo;surprised to find that some still have doubts the relation of the tubercle bacillus to tuberculosis.&rdquo;</p>
<p>Apropos the construction of a state hospital for tuberculous patients, Dr. Georg of Ann Arbor declared that &ldquo;too much of a paternalistic government is not conductive to republicanism&rdquo; and later, that in thickly settled European countries patients are required to &ldquo;carry a spittoon in their pockets and use that.&rdquo;</p>
<p>But you do not believe in paternalism,&rdquo; quoth Vaughan, to which the reply promptly came, &ldquo;Well, that is not paternalism, that is legalism.&rdquo;</p>
<p>Dr. Wright of Unionville thought that &ldquo;whether it is communicated by the tuberculosis germ&rdquo; or otherwise, the public should be circularized and educated.</p>
<p>Dr. Gibbes, among other points, gave &ldquo;now another&rdquo; which was that &ldquo;it is all very well to talk about the tubercle bacillus but there is something else 

<pageinfo><controlpgno entity="i1995b097">097</controlpgno><printpgno>89</printpgno></pageinfo>besides the tubercle bacillus,&rdquo; and mentioned that he had millions &ldquo;that are as fat and healthy as they can be, and that are growing well.&rdquo;  He had inoculated a number of genuine pigs in March, 1893, and killed them in August, &ldquo;and there wasn&apos;t a trace of the inoculation or anything else.&rdquo;  They (the bacilli) &ldquo;have been separated from the poison that set up the disease.&rdquo;</p>
<p>Comparing with leprosy in China he said, &ldquo;You could buy a virgin for about fifty dollars.&rdquo;  Girls are &ldquo;rather good looking&rdquo; at the age of twelve, &ldquo;but when they are about fourteen they begin to develop it.&rdquo;  We &ldquo;want to know something more about this bacillus of consumption,&rdquo; he declares and he doesn&apos;t &ldquo;want to see things taken for granted that are not proved.&rdquo;</p>
<p>Dr. Dock said that &ldquo;the fact that bacilli are very few, or that they cannot be found at all sometimes, of course does not prove they are not there,&rdquo; but he contributed a little dash of oil to the troubled waters by the statement that &ldquo;all pathologists admit there are cases of non-bacillary consumption.&rdquo;  He declines &ldquo;to believe they are very common.&rdquo;</p>
<p>Dr. Cope of Ionia believed that when reports are all in, the 3,000 cases recorded &ldquo;will be more than doubled,&rdquo; that &ldquo;we will find more deaths from consumption than we have known formerly just as we find now that appendicitis is the cause of inflammation of the bowels.&rdquo;</p>
<p>In the lengthy closing by Dr. Novy in which objections, criticisms, theories and fallacies are laid low, he said, &ldquo;It is no longer a question of the &lsquo;germ theory&rsquo; of disease.  Germs are the causes of certain diseases.&rdquo;  There seems to be, a said, &ldquo;a merciful tendency to spare the tubercle bacillus the odium of being the cause of tuberculosis.&rdquo;</p>
<p>At the meeting of the State Medical Society in 1886 &ldquo;charges were preferred against Dr. J. H. Kellogg for violation of the code of ethics, which on motion were referred to the judicial council, who reported that the secretary of the society transmit a copy of said &ldquo;charges to Dr. Kellogg, also to notify all parties interested to appear before the judicial council at ten o&apos;clock of the first day&apos;s session of the society at Lancing, 1887.&rdquo;

<superscript>13</superscript></p>
<p>The judicial council of the State Medical Society reported in 1887 that the complainants had made a full and unconditional withdrawal of the charges.

<superscript>13</superscript></p>
<p>In this connection the action of the Calhoun County Medical Society in a similar matter (

<hi rend="italics">See</hi>
 article by Dr. Haughey) is of no little interest.</p></div>
<div>
<head>Jenks vs. Carstens</head>
<p>Dr. J. H. Carsten thought &ldquo;the removal of the uterine appendages is indicate if there is disease of these parts which causes suffering so severe as to make life unbearable.&rdquo;</p>
<p>Such position would seem even at this distant date quite reasonable.  Still Dr. Jenks &ldquo;regretted his convictions would not permit him to agree wholly with [his] remarks and said he would confine to the discussion 

<pageinfo><controlpgno entity="i1995b098">098</controlpgno><printpgno>90</printpgno></pageinfo>of the paper.&rdquo;  This was by Dr. Post of Lansing who &ldquo;while giving us in many respects an able paper, has ... failed to support his argument ... and has not given us the result of a single examination.&rdquo;  There was, Dr. Jenks continued, in the American Gynecological Association &ldquo;by no means an unanimity of opinion among skillful operators concerning the necessity of the frequent performance of either Battey&apos;s or Tait&apos;s operations.&rdquo;</p>
<p>In closing Dr. Post definitely ranged himself among the radicals.  He ignored Dr. Jenks, but declared Dr. Carstens and Dr. Manton &ldquo;do not believe any more firmly in the necessity for an accurate diagnosis than I do,&rdquo; but a &ldquo;diagnosis can not be made in all cases that will be satisfactory.&rdquo;  He was &ldquo;especially sure that the appendages should be removed in many cases where menstrual difficulties have existed for a long time, even though the cause of the trouble is not apparent.&rdquo;  Dr. Ranney had, he said, &ldquo;from his personal acquaintance with Dr. Battey, placed a high estimate upon his method of operation.&rdquo;</p>
<p>A case of &ldquo;hystero-epilepsy&rdquo; was among those included in Dr. Post&apos;s paper.

<superscript>13</superscript></p></div>
<div>
<head>Detroit Medical Society vs. Dr. J. Adams Allen</head>
<p>At a meeting of the Detroit Medical Society, December 29, 1853, resolutions were adopted reciting &ldquo;pride and sources of hope to the medical profession&rdquo; which the University afforded, and which remained unshaken &ldquo;until a lecture or &lsquo;Medical Platform&rsquo; by J. Adams Allen, M.D.&rdquo; And then&mdash;</p>
<p>&ldquo;Believing that the opinions embodied in the aforesaid lecture, which seems only to have been sanctioned by the authority of a single name, if suffered to go abroad as the sentiments of the college faculty, will seriously impair the confidence ... etc., etc.</p>
<p>&ldquo;RESOLVED:  That the faculty of medicine in the University of Michigan be requested to state whether, and to what extent 

<hi rend="italics">as a body</hi>
 they entertain, approve or sanction the expression and dissemination of the dogmas or doctrines, paradoxes or opinions contained in said lecture.&rdquo;
<lb>

<hi rend="smallcaps">Morse Stewart,</hi>
 President.
<lb>

<hi rend="smallcaps">Edward Batwell,</hi>
 Secretary.</p>
<p>Yeas: Drs. Brodie, Klein, Christian, Kiefer, Spence, Inglis, Batwell and Stewart.</p>
<p>Nays:  Drs. Gunn, Brown, Davenport, Robinson, Johnson.

<superscript>12</superscript></p>
<p>Some months later, the regents, as appears from minutes of the board, &ldquo;sat on the &lsquo;platform&rsquo;,&rdquo; so to speak.</p>
<p>University of Michigan, Library
<lb>
May 4th, 1854.</p>
<p>On motion, the members of the faculties of medicine and arts were invited to be present in order to consult on some matters relating to the interest of the University, which invitation was in consequence of the following resolution:</p>
<p>&ldquo;&lsquo;RESOLVED, that in consequence of certain rumors of difficulties existing in the University, the president and professors be inquired of whether they know of any such difficulties.&rsquo;&rdquo;</p>
<p>In answer to the above the following reply was received:</p>
<p>&ldquo;The undersigned professors and instructors in the University of Michigan beg leave to express to the Honorable board of Regents of the same, in answer to their inquiries, 

<pageinfo><controlpgno entity="i1995b099">099</controlpgno><printpgno>91</printpgno></pageinfo>that they are deliberately of the opinion that the prosperity of the medical college and the general welfare and harmony of the University are seriously affected by the connection of Dr. J. Adams Allen with the institution as a professor.</p>
<list type="simple">
<item>
<p>
<hi rend="smallcaps">Henry P. Tappan</hi>
 (President)</p></item>
<item>
<p>
<hi rend="smallcaps">George A. Williams</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Abram Sager</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Silas H. Douglas</hi></p></item>
<item>
<p>
<hi rend="smallcaps">L. Fasquelle</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Samuel Denton</hi></p></item>
<item>
<p>
<hi rend="smallcaps">E. O. Haven</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Edmund Andrews</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Chas. Fox</hi></p></item>
<item>
<p>
<hi rend="smallcaps">A. Winchell</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Z. Pitcher</hi></p></item>
<item>
<p>
<hi rend="smallcaps">Jas R. Boise.&rdquo;</hi></p></item></list>
<p>This is certainly a formidable array of names from both the literary and medical departments, all of Dr. Allen&apos;s confreres in the faculty of the latter being represented except Dr. Gunn.  (C. B. B.)</p>
<p>&ldquo;On motion:</p>
<p>&ldquo;&lsquo;RESOLVED, that the term of office of the president professor of physiology and pathology, acting as professor of therapeutics, materia medica, physiology in the medical department of the University of Michigan, terminate and expire on the 30th of June, 1854, and that said professor be notified of this resolution.&rsquo;</p>
<p>&ldquo;On motion:</p>
<p>&ldquo;&lsquo;RESOLVED, that Regents Upjohn and Patterson in connection with the President, Professors Denton, Douglas, Sager, and Gunn, on the part of the medical faculty, be and they are hereby appointed a committee to fill the vacancy to occur on the 30th June next in the chair occupied by Professor Allen; and also to notify Professor Palmer that his service will be required at the University at the beginning of the next medical term in the chair of anatomy, or in such other professorship as may be designated by said committee with the consent of said Professor A. B. Palmer; and also to rearrange the duties of the different medical professors, if necessary, for the best interests of the University.
<lb>

<hi rend="smallcaps">William Upjohn,</hi>
 Secretary 

<hi rend="italics">pro tempore</hi>
.&rsquo;&rdquo;</p>
<p>An outgrowth of this action was that charges of &ldquo;nepotism&rdquo; and &ldquo;corruption&rdquo; were made concerning Dr. Allen&apos;s removal and the appointment of Dr. A. B. Palmer, &ldquo;to make room for a relative of one of the regents.&rdquo;  Dr. M. A. Patterson of Tecumseh, the &ldquo;relative&rdquo; to whom reference was made, defends the course of himself and Dr. Upjohn, committee of the regents, who appointed Drs. Ford and Andrews to fill the vacant professorships and re-arrange the duties thereof.  The &ldquo;relationship&rdquo; between Drs. Patterson and Palmer consisted in this, that the latter married the former&apos;s sister.

<superscript>11</superscript></p>
<p>Dr. Allen&apos;s career did not &ldquo;terminate and expire&rdquo; along with the resignation.  He entered practice in Kalamazoo, where he introduced into the world&mdash;among many others, doubtless&mdash;a sparkling woman friend, near age at present, of the writer, which speaks volumes for his discernment and beneficence.  Confirmation of the adage that &ldquo;all things come to him who waits&rdquo; appears six years later when Dr. Gunn himself, then in editorial relation to the 

<hi rend="italics">Peninsular 

<hi rend="underscore">and Independent</hi>
 Medical Journal</hi>
 had the opportunity to vindicate his position.  He is found fulsomely congratulating Rush Medical College on Dr. Allen&apos;s appointment to the professorship of theory and practice.  &ldquo;Large classes will be likely to convene annually under the droppings of an institution which adopts the celebrated Rush as its patron saint. 

<pageinfo><controlpgno entity="i1995b100">100</controlpgno><printpgno>92</printpgno></pageinfo>Professor Allen was identified with the organization of the medical department of the University of Michigan, and for four years continued his labors in that institution.  As a scientific lecturer, he is, in our judgment, unsurpassed ...  We can but commend the sagacity which secures his services, and express our sincerest wishes for his personal welfare.&rdquo;

<superscript>11</superscript></p>
<p>How the &ldquo;medical platform&rdquo; was built and what became of it eventually, deponent is unaware.  It has been sought in vain.  It apparently held strong or was successfully repaired during the six years, 1854-1860.</p>
<p>Since the publication of Volume I a bit of pathetic history has been received apropos the 

<hi rend="italics">Bulletin of the Wayne County Medical Society,</hi>
 which has failed of mention in Dr. Dutchess&apos; admirable and otherwise comprehensive article.  (

<hi rend="italics">See</hi>
 Volume I, Pages 654 and 655.)</p>
<p>The establishment of this periodical occurred during the presidency of Dr. F. B. Tibbals, in the first year of the reorganized Wayne County Medical Society, a consolidation, in 1902 (July 25), of the Society pre&euml;xisting under that name and the Detroit Medical Society.  It seems this was &ldquo;a part of the active program developed with the idea of keeping the two factions previously existing too busy to fight.&rdquo;  This is to the mind of the compiler a revelation so shocking that the authorship of the above quotation must, expediently, be concealed.  A record of the outwardly amicable amalgamation may be found in the editorials from the 

<hi rend="italics">Detroit Medical Journal</hi>
 reproduced in Chapter VIII of this volume in the account of the Wayne County Medical Society.</p></div>
<div>
<head>References</head>
<list type="simple">
<item>
<p>1.  Detroit Clinic.</p></item>
<item>
<p>2.  Detroit Lancet.</p></item>
<item>
<p>3.  Detroit Review of Medicine and Pharmacy.</p></item>
<item>
<p>4.  History of Grand Rapids.</p></item>
<item>
<p>5.  History of Washtenaw County.</p></item>
<item>
<p>6.  Journal Michigan State Medical Society.</p></item>
<item>
<p>7.  Medical Age.</p></item>
<item>
<p>8.  Michigan Medical News.</p></item>
<item>
<p>9.  Michigan Pioneer and Historical Collections.</p></item>
<item>
<p>10.  National Cyclopedia of American Biography.</p></item>
<item>
<p>11.  Peninsular and Independent Medical Journal.</p></item>
<item>
<p>12.  Peninsular Journal of Medicine.</p></item>
<item>
<p>13.  Transactions Michigan State Medical Society.</p></item></list></div></div></div>

<pageinfo><controlpgno entity="i1995b101">101</controlpgno><printpgno></printpgno></pageinfo><div>
<head>Chapter II
<lb>
Malpractice, Litigation, and the
<lb>
Physician as a Witness</head>

<pageinfo><controlpgno entity="i1995b102">102</controlpgno><printpgno></printpgno></pageinfo><p>
<hi rend="italics">&ldquo;Conceal yersel&apos; as weels&apos; ye can frae Critical Dissection.&rdquo;</hi>
<lb>
&mdash;

<hi rend="smallcaps">Burns.</hi></p>
<p>
<hi rend="italics">&ldquo;As in times past we were sicke of Offenses
<lb>
So now are we of lawes.&rdquo;</hi>
<lb>
&mdash;

<hi rend="smallcaps">Montaigne.</hi></p>

<pageinfo><controlpgno entity="i1995b103">103</controlpgno><printpgno>95</printpgno></pageinfo><div>
<head>CHAPTER II
<lb>
Malpractice, Litigation, and the
<lb>
Physician as a Witness
<lb>
By. C. B. Burr, M. D., Flint, Michigan</head>
<p>
<hi rend="other">The</hi>
 following extract is from an editorial discussion of two unusual cases illustrating &ldquo;Doctors&apos; Dangers&rdquo; in 

<hi rend="italics">Michigan Medical News.</hi></p>
<p>&ldquo;There is a 

<hi rend="italics">genus homo</hi>
 (we will be pardoned for the unintentional slur on the race), a sort of human vampire, who initiates and encourages actions of this nature,&rdquo; and who &ldquo;justify their doing so on the plea that they are lawyers, and it is therefore their privilege to levy this species of blackmail.&rdquo;</p>
<p>Dr. Foster Pratt of Kalamazoo had a striking personality; he was a forceful speaker, his diction was unexceptionable and he was highly influential in the Michigan State Medical Society of which he was in 1878, the president.</p>
<p>&ldquo;One of us&rdquo; was deeply impressed by his presidential address and has often reflected upon it as indicating how little, uplifters and hearteners to the contrary notwithstanding, men are the architects of their own fortunes.  The one mentioned had been a students at that period when &ldquo;specialists&rdquo; were evolved, not manufactured from raw material, and had the any especial penchant it was, in common with students generally speaking, towards surgery as being most spectacular and, potentially, remunerative.  His acquaintance with the insane was limited to neighborhood experiences in the city of his residence.  Psychiatry was wholly disregarded in the schools, and for many years after his entry upon this specialty it was said with a shrug and almost boastfully by the general practitioner that he knew &ldquo;nothing of the subject.&rdquo;  The writer&apos;s conception of the care of the mentally ill was that current generally&mdash;that it was a question of the custodial, and its functioning mainly a matter of concern to police and peace officers.  When, therefore, the scholarly address of Dr. Pratt, the first medical talk he had heard since emergence from the lecture room, reached his auditory centers, the impression was profound.  The subject matter was wholly convincing, and hearing it was an important factor in determining a life&apos;s work.</p>
<p>The address dealt with the Newcomer-Van Deusen case, a suit for false imprisonment directed against Dr. Van Deusen by a sometime patient in the (then) Michigan Asylum for the Insane, at Kalamazoo.  Dr. Pratt dwelt, naturally, upon the medical aspects of the case, pointed out the in-justice 

<pageinfo><controlpgno entity="i1995b104">104</controlpgno><printpgno>96</printpgno></pageinfo>justice of the suit and its disagreeable outcome, paid tribute to Dr. Van Deusen as a physician of high standing, devoted to his patients and never sparing effort looking to their betterment.  It is a glowing appreciation of an excellent medical official of a state hospital, it is a categorical denial of then current aspersions upon institutional care, it is a caustic commentary on medico-legal court procedure, it points warnings to medical men, and it is a logical presentation of a subject of deep concern to society.  It is hoped that its publication in full in this history may have some part in the preservation of a veritable medical classic.</p>
<p>&ldquo;Ladies and Gentlemen:</p>
<p>&ldquo;Medical jurisprudence is the joint product of medical and legal knowledge and reason.  Its seminal principle is medical&mdash;its form is legal&mdash;and its purpose is justice.  As the stereoscope gives body and bold relief to a surface of lights and shadows, so the binocular observation, by the two professions, of many questions in jurisprudence, gives due shape and definite proportion to the legal result.  But differences of professional vision and disagreements in professional impression, often defeat all efforts to harmonize our dual observations of the same object.  To obtain a harmonious and satisfactory legal result from our professional stereoscopes, three things at least are essential:  first, a clear, distinct and definite mental photograph of the subject; second, equal power in the professional lenses; and third, an accurate and equal adjustment of their focal axes.  If, under such conditions, medico-legal jurists study their subjects in the clear, bright light of reason, the result is efficacious for good and rarely productive of evil.</p>
<div>
<head>PROFESSIONAL DIFFERENCES</head>
<p>&ldquo;But there are differences in the nature and purposes of the two professions which seem to impose essential and necessary differences&mdash;if not antagonisms&mdash;in our relative attitude towards many questions of common interest.  Thus, law seeks for rules and precise definitions safely applicable to 

<hi rend="italics">all</hi>
 or a majority of cases; medicine neither has such rules nor tolerates them, because in medicine they are not only absurd, but dangerous; hence, on question of forensic medicine, lawyers and doctors are often at variance&mdash;the lawyer is content if he bring his case or its facts within an established rule&mdash;the doctor, disregarding the rule, is content if he establish the essential fact.  In medicine the pathological fact or condition is judged with sole reference to its effect on the 

<hi rend="italics">individual:</hi>
  in law the same fact is judged with reference to its effect on the individual as a 

<hi rend="italics">social unit.</hi>
  The doctor observes a fact with reference to the 

<hi rend="italics">health</hi>
 of the man&mdash;the lawyer observes the same fact with reference to the 

<hi rend="italics">mental capacity</hi>
 or the 

<hi rend="italics">moral responsibility</hi>
 of the man.  The doctor aims to benefit the 

<hi rend="italics">man</hi>
&mdash;the lawyer to benefit 

<hi rend="italics">society.</hi>
  The doctor judges of men sick of the same disease, by 

<hi rend="italics">unlike</hi>
 rules, because men are physiologically unlike&mdash;but the lawyer judges men by 

<hi rend="italics">like</hi>
 rules, because before the law all men are 

<hi rend="italics">equal</hi>
 if not alike.  In law, certain precise, perhaps arbitrary, distinctions are possible and necessary and wise that in medicine are neither possible nor necessary nor wise.  For example:  puberty by law is inferred or declared to exist at the age of fourteen years.  In medical physiology such a rule is not necessary, nor is it by any means true.  Again in law one who is 7,649 days old is an infant, a boy, a minor; while one who is 7,650 days old is a man&mdash;a distinction which in medicine is neither necessary nor useful.</p>
<p>&ldquo;And so it seems to be a necessity, growing out of the nature of the two professions, that the medical idea must be mainly special, while the legal idea must be mainly general; and the two standpoints, 

<hi rend="italics">from</hi>
 which the two purposes 

<hi rend="italics">for</hi>
 which the two professions observe the same facts, seem to impose a necessary difference in many of their conclusions,&mdash;a difference that too often becomes the occasion of wide disagreements and unseemly disputes.  These can be avoided, if each will study the points from which and the purposes for which the other observes and judges the matter in controversy.</p></div>
<div>
<head>INSANITY THE CHIEF TOPIC OF MEDICAL JURISPRUDENCE</head>
<p>&ldquo;Chief among the questions that lie within the domain of medical jurisprudence,&mdash;chief in its importance and chief in its intrinsic difficulties,&mdash;is the great question of 

<hi rend="italics">insanity.</hi>
  It is an important question, because it signifies the destruction, more or less complete, not only of that grand attribute of reason which is man&apos;s chief glory and the guide of his individual life, but also because it is the destruction of that moral accountability by which, as a member of the social compact, his irrational infractions of human law must be measured, 

<pageinfo><controlpgno entity="i1995b105">105</controlpgno><printpgno>97</printpgno></pageinfo>and judged.  It is difficult question, primarily and mainly, because, as a malady of the mind, it is an almost inexplicable disturbance of an utterly inexplicable attribute of human nature.</p></div>
<div>
<head>THE ESSENCE OF MIND UNDEFINABLE</head>
<p>&ldquo;That the undefined and undefinable, but positive and essential human attribute that we call mind or soul, though carefully studied in all ages, has hitherto successfully concealed its essence and the nature of its physical union in him, who holds it as his highest endowment and chief glory.  Though he date its advent at the birth and its exit at the death of the body, he cannot, of himself, tell &lsquo;whence it cometh or whither it goeth.&rsquo;  Scalpels, chemical tests and microscopes alike fail to disclose the &lsquo;vital spark,&rsquo; whether they question &lsquo;the quick or the dead&rsquo;; for in the dead it is absent; and if these curious intruders invade its living home, it is only to find the house warm, but the tenant gone.  Though from the beginning it has had, in &lsquo;these clay tenements&rsquo;, a &lsquo;local habitation and a name&rsquo;, the tenant has never, in all the ages, been compelled to disclose its tenure or to defend its possession.  Though spirit and flesh, as tenant and tenement, have often struggled with each other to the death, they have never yet stood face to face, for judgment, before any earthly tribunal.  Though the tenant often stands, in spiritual grandeur and triumph, upon the very wrecks of its fleshly habitation, all attempted revenges, by the crazy tenement, on its viewless tenant, only debase its own godlike functions into those of a gibbering ghoul or a dancing satyr.  How presumptuous is dogmatism, and how becoming is humility in such a presence!  The thoughtful observer of such mental phenomena, however curious and anxious he may be to penetrate their mysteries, like the ancient lawgiver, beside the bush, that burned and was not consumed, will reverently hear and obey the voice of hidden power:  &lsquo;Put off thy shoes from off thy feet, for the place whereon thou standest is holy ground!&rsquo;</p></div>
<div>
<head>REASON CAN BE INVESTIGATED ONLY BY REASON</head>
<p>&ldquo;But though we be ignorant of the essence of mind, even as we are ignorant of the essence of wind, of sunlight, and of the thunderbolt, it is permitted us, by reason, to investigate reason and to learn some of its laws of action and of physical association; and though the soul jealously evade the physical eye, even when armed with microscopic power, it coyly but kindly reveals that laws of its operations to the introspective eye of the mind, armed and aided only by reason.  Though it never permits the withdrawal of the curtain from that marriage bed where matter weds with spirit, it does permit the ideal or intellectual children of that marriage to move in stately phalanx of reason, or with the sportive graces of imagination, before the scrutinizing &lsquo;mind&apos;s eye&rsquo; of every Hamlet and Horatio.  And if, among these ideal children of the mind, some are deformed, or crippled, or unwholesome, or uncanny, or unhappy, we are permitted to know, at least in part, the parent causes of their deficiency or defect.  And so it is&mdash;mind being intangible, its derangements and diseases are not known to us (figuratively speaking) as distinct forms of definite substances, but, as it were, 

<hi rend="italics">by the shadows they cast</hi>
 across the life, and in this consists the chief difficulty of acquiring accurate knowledge and of forming just judgments of those various diseases of the mind that, grouped together, we call insanity.</p></div>
<div>
<head>THE GENERAL MEDICO-LEGAL RELATIONS OF INSANITY</head>
<p>&ldquo;It is not possible within the time proper for such an address to discuss the general medico-legal relations of insanity, nor if it were possible, would it be profitable to such an audience.  Many text-books, by medical and legal authors, treat fully and ably of the whole subject, and are accessible to all who wish to become familiar with its details.</p>
<p>&ldquo;On the general jurisprudence of insanity it is enough for me to say that the law views the insane person in a three-fold relation,&mdash;in relation to his disease, to his property, and to his conduct.  While the real and legal peculiarities of each of these relations are distinct, they are also more or less mixed, occasionally, by the nature of the case and of the circumstances surrounding it.  As medical men, we perform unlike functions towards those legal relations of insane persons, for, while in the 

<hi rend="italics">first</hi>
 we are physicians 

<hi rend="italics">treating a disease,</hi>
 in the second and third we act (if we act at all) only as experts, expressing our opinion respecting the 

<hi rend="italics">existence</hi>
 or the 

<hi rend="italics">effect</hi>
 of the disease.</p></div>
<div>
<head>THE RELATION OF PHYSICIANS AND FRIENDS TO THE INSANE</head>
<p>&ldquo;While the law, suspicious of our agency as experts (like a jealous lover, not able to live with us, nor&mdash;very well&mdash;without us), has very clearly defined our position and rights as expert witnesses in cases involving insanity, it has been quite careless about our rights and immunities 

<hi rend="italics">while treating insanity as practicing physicians,</hi>
 and equally careless in 

<pageinfo><controlpgno entity="i1995b106">106</controlpgno><printpgno>98</printpgno></pageinfo>regard to the right and interests of relatives and others having the care and custody of the insane during medical treatment.</p>
<p>&ldquo;It is to this latter branch of medical jurisprudence, full of importance to us as medical men, as well as to the insane, to their friends, to society, and to the state, that I ask your special attention.  It is a topic on which the people seem to be profoundly ignorant; a topic on which even legal and medical knowledge is lamentably deficient; a topic, too, strangely slighted by the text-books; but a topic lying at the very 

<hi rend="italics">threshold</hi>
 of our professional relations to insanity.</p>
<p>&ldquo;Our relations to it are neither fanciful nor ideal&mdash;they are real and practical.  The medical management of insanity is imposed on us a duty, not only by our confidential and professional relations as family physicians, but by the great law of humanity.  It is laid upon us as a necessity&mdash;a 

<hi rend="italics">necessity,</hi>
 I say (unless we be recreant to all claims of duty and of human kindness), that we detect and determine the existence of insanity, and that we advise and act in the management or treatment of it 

<hi rend="italics">as a disease.</hi>
  Before&mdash;sometimes long before&mdash;it furnishes a proper occasion for police interference to restrain the violence, and prevent the danger caused by insanity, we have had occasion to deal with it as a malady; nor do our functions end when the law has taken the case into its own hands.  Our remedial agency follows it and often becomes concurrent with it in the curative and controlling effort.</p>
<p>&ldquo;But recent events have demonstrated that, in the exercise of some of our highest functions and most delicate duties to insane patients, 

<hi rend="italics">we are in danger</hi>
&mdash;in danger from ignorant prejudices (a law to themselves when empaneled in the jury box) and in still greater danger from legal utterances recently applied to us by a court.  It behooves us, therefore, to carefully examine our legal relations to insane patients.</p>
<p>&ldquo;The question thus thrust upon us is this:  What are the legal rights, liabilities, and immunities of medical men who treat insanity as a disease, and of others who care for insane patients?  Somewhat more tersely stated, my topic is&mdash;</p></div>
<div>
<head>THE LEGAL RELATIONS OF INSANE PATIENTS</head>
<p>&ldquo;Fortunately for the human race, sanity is the normal or natural condition of its reason or intellect.  The sane, whether regarded from a medical or a legal standpoint, constitute the overwhelmingly majority of mankind.  Varying in different races and under different physical and moral conditions, we find the number of insane stands, in proportion to the total population, as one to eighth hundred, one to one thousand, or one to twelve hundred, as the case may be.  By the census of 1870 it was shown that, in the United States, the total number of insane (exclusive of idiots) was 37,432, which was a practical average of one in one thousand.</p></div>
<div>
<head>INSANITY A SYMPTOM OF DISEASE</head>
<p>&ldquo;Sanity, therefore, being manifestly the normal condition of the human reason, we can safely assume that insanity is abnormal; and, furthermore, under the light of modern science, there is now a substantial agreement that it is a disease; or, to speak still more definitely and accurately, it is 

<hi rend="italics">not</hi>
 a disease, but a symptom of many diseases or pathological disturbances; as, for example, in acute mania and in melancholia we have insanity as a symptom or a result of widely differing causes or conditions.</p></div>
<div>
<head>DEFINITION OF INSANITY</head>
<p>&ldquo;There may be some, perhaps, who demand a more precise 

<hi rend="italics">definition</hi>
 of insanity.  Here it will be proper to remark that the doctor&apos;s definition of insanity, 

<hi rend="italics">for the practical purposes of his profession,</hi>
 will, and perhaps must differ from the definition given by the courts for legal purposes.  Be this as it may, the two professions have never agreed, as yet, on a definition of insanity.</p>
<p>&ldquo;The old legal definition of insanity declared it to be &lsquo;an inability to distinguish between right and wrong.&rsquo;  This was shown, by the doctors, to be insufficient; because many who were insane on 

<hi rend="italics">one</hi>
 subject were perfectly sane and knew right from wrong on every other subject.  Driven from this, the courts next defined insanity to be or to consist in 

<hi rend="italics">delusion.</hi>
  This was a close approximation to the truth; but we followed this with a demonstration, that even when there is 

<hi rend="italics">no</hi>
 delusion there may be and there often is an 

<hi rend="italics">insane</hi>
 impulse overpowering the will and compelling an act known to be wrong and against which the reason revolts, but which the will cannot resist, and because it cannot resist it, the man cannot, justly, be held responsible for it.  And now (so far as is known to the speaker), the courts are at sea, but endeavoring to discover a definition of insanity on which they can safely build a legal superstructure for the proper legal accommodation of all classes of 

<hi rend="italics">non compotes.</hi></p>
<p>&ldquo;The law, of necessity, includes among its 

<hi rend="italics">non compotes</hi>
 the idiotic, the infantile, and 

<pageinfo><controlpgno entity="i1995b107">107</controlpgno><printpgno>99</printpgno></pageinfo>the senile.  These can never be included in a medical definition of insanity, because their mental condition, in the main, is due to physiological or natural causes.  The medical profession, on the other hand, must include, in its definition of insanity, those afflicted by the vagaries of hysteria, the delirium of fever, and other temporary disturbances of the nervous system caused by disease.  But though these disturbances are destructive of intelligent and moral responsibility&mdash;

<hi rend="italics">while they last</hi>
&mdash;they are so brief and so little or so seldom dependent on inherent insane tendencies, that it would be not only unwise but unjust to include them in a general legal definition of insanity.</p>
<p>&ldquo;Excluding, therefore, the idiotic, the infantile and the senile, medical ideas and purposes, in regard to insanity, are fulfilled by saying that&mdash;</p>
<p>
<hi rend="italics">&ldquo;Insanity is an impairment of the natural judgment or will, caused by physical defect, disease or injury, and causing irrational conduct.</hi></p>
<p>&ldquo;By this definition we derive insanity from defect, disease or injury requiring treatment; it is a disease that impairs 

<hi rend="italics">judgment</hi>
&mdash;a term that includes memory and the mental and moral perceptions by which man is made an intelligent master of his own action and capable of distinguishing right from wrong&mdash;delusion from fact; it is a disease, too, that impairs the 

<hi rend="italics">will</hi>
 by which (while it is free) man is made morally responsible for his acts; but however clear may be his intellectual and moral perceptions, if his 

<hi rend="italics">will</hi>
 be impaired or overpowered by 

<hi rend="italics">insane impulse,</hi>
 the foundation of his moral responsibility is gone.  By this definition, the impairment of a man&apos;s mind and volition is ascertained by comparing him 

<hi rend="italics">sick</hi>
 with himself 

<hi rend="italics">well</hi>
&mdash;his 

<hi rend="italics">diseased</hi>
 with his former 

<hi rend="italics">natural</hi>
 condition; it does not compare him, mentally weak by nature, with the average mental strength of mankind, nor does it compare him, naturally eccentric, with the average symmetry of mental development.  As from the disease we infer treatment, so from the known nature of the disease, as well as from the irrational conduct, we infer 

<hi rend="italics">restraint</hi>
 as a part&mdash;a necessary part&mdash;of the 

<hi rend="italics">treatment,</hi>
 and also as a police precaution, the extent of which will be measured by the danger to person or property.</p>
<p>&ldquo;This definition, I repeat, will serve medical ideas and purposes, but may not serve a just legal purpose, because it includes many classes of temporary mental aberration that the law does not and should not call insanity nor treat as such.  It is nevertheless true that if, while in one of these brief aberrations, a person should do violence or injury, should make contracts or a will, the courts, on proper evidence, would undoubtedly treat it as a case of temporary insanity.</p>
<p>&ldquo;Having thus defined insanity in its medical sense, we are prepared to consider our professional relations to it as a 

<hi rend="italics">disease requiring treatment.</hi></p></div>
<div>
<head>THE MEDICAL AND POLICE TREATMENT OF INSANITY</head>
<p>&ldquo;The treatment of the disease (whatever it may be that 

<hi rend="italics">causes</hi>
 the insanity) may require moral, hygienic, or medicinal measures&mdash;all at once, or one at one time and another at another.  The irrational conduct, also, (without regard to its danger) will require restraint as a part of the 

<hi rend="italics">treatment.</hi>
  The degree of restraint will differ in different cases and at different times in the same case; but it must be constantly borne in mind that, whatever the degree, at some time, in some way and in some degree, physical or moral restraint belongs to the 

<hi rend="italics">purely professional treatment</hi>
 of the case.  Restraint, therefore, serves two purposes&mdash;it is a remedy for the 

<hi rend="italics">cure</hi>
 of the disease, as well as a prudent preventive of dangerous conduct 

<hi rend="italics">caused</hi>
 by the disease.  But the two purposes for which the restraint is used, are, in their nature, as wide asunder as the poles&mdash;and that, too, notwithstanding the fact that it may be used for both purposes, in the same person, at the same time.  As a part of the therapeutic treatment of the disease, it performs the noble and loyal purpose of assisting to restore kingly reason to its native throne; while as a preventive of dangerous conduct, it becomes the vulgar though useful precaution of a legal police:  it will not be equally curative, but it is equally applicable to the drunken brute as to the gentle Ophelia&mdash;to the degraded criminal as to the queenly Carlotta.  Intelligent natural affection, medical science, and common humanity kindly conspire to demand the restraint even of the gentle lunatic for 

<hi rend="italics">his</hi>
 benefit; but society, selfishly though properly, demands it (if he be violent) mainly for 

<hi rend="italics">its own</hi>
 benefit; and the law, humane as well as just, should as sedulously protect the proper use of it when purely remedial as it enforces it for its own protection, whether remedial or not.</p></div>
<div>
<head>THE USES OF RESTRAINT AS A REMEDY</head>
<p>&ldquo;To guard against misconception or misunderstanding of the purely medical meaning and uses of restraint in the treatment of insanity, it may be well to remark that it does not mean dungeons, nor handcuffs, nor gyves, nor straight-jackets; still less does it mean whipping, or scourging, or starving, or shower-baths, or any other manner or form of torture; 

<pageinfo><controlpgno entity="i1995b108">108</controlpgno><printpgno>100</printpgno></pageinfo>but it is a restraint which makes medical, and moral, and hygienic treatment possible&mdash;it is a restraint which secures for the patient perfect &lsquo;rest and seclusion from all that is harassing or vexing,&rsquo;&mdash;a restraint upon his freedom of action, such that the relaxation of it, in the direction of liberty to walk or ride out, &lsquo;to visit places of amusement, to have money at command, to choose his own recreation; in green-houses or in flower-gardens, in games of ball, croquet, or billiards, or in a social dance, becomes an incentive to efforts in self-control; because, it is as he succeeds in this that his liberty of action is gradually restored&mdash;and fully restored when he is found to be able, without &lsquo;surveillance or watching&rsquo;, to control himself in all things.  It is, therefore, a means of cultivation and re-establishing complete self-control, by making 

<hi rend="italics">fuller</hi>
 self-control the reward of 

<hi rend="italics">some</hi>
 self-control&mdash;by which the complete self-control of a rational man is made, to the insane man, the highest prize of rational action and of good conduct.  &lsquo;This it is, and nothing more; and this, essential as it is in the treatment of the disease, is impossible without the asylum or its equivalent.</p></div>
<div>
<head>WHO OPPOSE THE RESTRAINT</head>
<p>&ldquo;I have thus emphasized the distinctions between the double or twofold functions of restraint in the treatment of insanity and in the management of the insane, for the reason that it is right here and because of the common failure to distinguish between the therapeutical and the police uses of restraint, that the medical profession who advise or those of our number who conduct the treatment of insanity, find themselves confronted by &lsquo;a world in arms.&rsquo;</p>
<p>&ldquo;First, but hardest of all to meet, come the relatives and friends with quivering lips and tearful protests against restraint; following them, come the ignorant rabble, armed with scowling suspicions engendered by musty traditions of an ancient bedlam and by fresh recollections of a county poor-house, who demand humane treatment of the insane; and last of all we encounter courts and lawyers and their heavy artillery of magna chartas, federal and state constitutions, and bills of arms of statutory and common law&mdash;and all, as it seems, to impress on the perverse or the obtuse medical mind the truly grand but not very novel idea that &lsquo;no person shall be deprived of liberty unless by due process of law.&rsquo;</p>
<p>&ldquo;Now all these protests, from all these classes, evidently spring from the natural impulses of humane hearts that, misdirected though they may be, do credit to human nature if not to the general intelligence.  Even the humane physician who is the object of the ignorant suspicion cannot but respect the primal impulse that sets all this machinery at work, even though it be based on the mistaken assumption that he is a brute or a fiend.</p></div>
<div>
<head>UNFOUNDED SUSPICIONS</head>
<p>&ldquo;But against whom is all this array?  Bad men there may be in our profession, as in what profession are there not?  But do your governors and your senates appoint such men to manage the humane institutions of your state?  Or are we all brutes and villains that these demonstrations of &lsquo;swords and staves&rsquo; are made against us?  Are we, of all men, the only ones who lack those sweet humanities that &lsquo;make the whole world kin&rsquo;, that we are the especial objects of suspicion and distrust?</p>
<p>&ldquo;Who, pray, led the world in practicing humanity to its reason-bereft children?  Who taught the world that insanity was not a crime, nor the necessary consequence of sin, nor a special visitation of divine wrath for iniquity, nor a possession of the devil?  Who taught the world that insanity was a disease to be treated and to be cured?  Who opened their dungeon doors and let lunatics out into God&apos;s free air and sunshine?  Who struck off their manacles?  Who demonstrated that they were human beings and not brutes?  Whose study and labor taught mankind how to cure a large majority of these pitiful and previously hopeless objects?  Who inspired states with the desire to aid in restoring reason to its citizens?  Who taught states how to accomplish this laudable desire?  And who, after achieving all this, have directed the construction and the management of your asylums, and have so managed them as to send back to home and friends and useful employment thousands upon thousands of these stricken ones?  Who, outside of the medical profession?  What one man in any other profession in any part of the world dare stand up and say that 

<hi rend="italics">his</hi>
 head or 

<hi rend="italics">his</hi>
 hand was conspicuous in this humane revolution?  And as against medical men, who have so successfully preached,&mdash;preached?&mdash;aye, and practiced this humane gospel&mdash;as against us, I say, what set or body of men can now successfully &lsquo;arrogate to themselves, as if by a heaven-born right, the duty of protecting the interests of society&rsquo; especially with the &lsquo;implication that we are not to be considered?&rsquo;</p></div>
<div>
<head>HURTFUL SUSPICIONS</head>
<p>&ldquo;I do not assume, by any means, that doctors are better than other men,&mdash;I certainly shall not admit that they are worse,&mdash;but I thus accentuate these demonstrations of 

<pageinfo><controlpgno entity="i1995b109">109</controlpgno><printpgno>101</printpgno></pageinfo>suspicion against many who are among the best of our number for the purpose of attracting your attention to the cause of them, which, so far as it relates to the insane, I believe to spring from the popular suspicion of the nature and purpose of the restraint and the seclusion medicinally used in the asylum or elsewhere.  Although the restraint and the seclusion are necessary features of asylum treatment of this disease, it is important that all should know and remember that the asylum is not a prison where men and women are confined for crime&mdash;no more a prison than the hospital in which small-pox patients are confined until their going at large will do no harm.  This widespread suspicion of our professional relations to the insane is doing harm&mdash;harm to the recent insane, whose treatment is thereby delayed until it is too late to cure,&mdash;harm to the friends of those already under treatment,&mdash;harm to the institution,&mdash;harm to the state; and this tide of suspicion can be stemmed only by the three great departments of our state government, each acting wisely and justly in its own sphere.  If more safeguards are needed let the legislature throw them around these poor unfortunates by additional legislation; if better inspection and stricter surveillance by state officers of the asylums be required, let it be immediately given; if judicial action be required to punish any thing found wrong, let the punishment be fearlessly inflicted.  We do not propose or desire that the wrong done by medical men shall go unpunished; but if legal countenance and support to medical men, in the scientific, conscientious, and humane performance of their professional duties to the insane be demanded, we expect to get it.  Let us know, too, just what our rights and immunities and duties shall be in this respect.  Meanwhile what is the legal situation?</p></div>
<div>
<head>LEGAL OBSTACLES TO TREATMENT</head>
<p>&ldquo;We have been recently judicially informed by one of our state courts that &lsquo;in the legislation&rsquo;, providing for the admission of 

<hi rend="italics">private</hi>
 into the asylum, &lsquo;

<hi rend="italics">a great blank has been left.</hi>
&lsquo;  After twenty years of successful working under that law in this state, some forty years of similar success in eastern states, and about fifty of equal success in England, we are startled by the judicial announcement that the sick should not be restrained without their consent or a 

<hi rend="italics">judicial proceeding</hi>
 to determine its necessity.  It is further suggested by the court that if the sickness be insanity, the appointment of a guardian, under the decision of a commission 

<hi rend="italics">de lunatico inquirendo,</hi>
 would be appropriate as a condition precedent to restraint,&mdash;and even a necessary precedent in such cases, unless parties are willing to risk liability to prosecution for depriving a citizen of liberty without due process of law.&rsquo;  It is admitted by the court that if the person&apos;s insanity be such as to make him dangerous to himself or to others, and (in case of suit for false imprisonment) if this degree of danger is proven by the defendants, it is a legal justification of the confinement.  With this police idea of confinement we have little to do; our question is 

<hi rend="italics">this:</hi>
  is the restraint necessary to the proper medical care and treatment and cure of an insane person, such a deprivation of liberty that, unless authorized by &lsquo;due process of law,&rsquo; 

<hi rend="italics">there is no legal justification for it?</hi>
  If the final answer be &lsquo;yes,&rsquo; we wish to know it; if &lsquo;no,&rsquo; we also wish to know it.</p></div>
<div>
<head>DUE PROCESS OF LAW</head>
<p>&ldquo;What is this &lsquo;due process of law&rsquo;?  Is it always and of necessity a trial by jury; or in the case of one insane, is it by a commission 

<hi rend="italics">de lunatico inquirendo?</hi>
  Is it even a purely judicial proceeding?  Is it, of necessity, the proverbial &lsquo;day in court&rsquo;?  Our Supreme Court&mdash;other courts, also&mdash;say:  &lsquo;Temporary deprivations of liberty must often take place through the action of ministerial or executive officers or functionaries, or even of private parties, where is has never been supposed that the common law would afford redress.&rsquo;  (30 Mich., p. 211.)  All the courts declare that if a person&apos;s conduct be dangerous to himself or others, anybody, whether an official or not, is authorized to confine.  This doctrine makes no distinctions or discriminations between the various causes of the dangerous conduct.  It puts the debauchee on the same plane with the respected citizen bereft of reason,
<lb>

<hi rend="blockindent">&lsquo;Upon whose pathway shone
<lb>
All stars of Heaven, except the guiding one.&rsquo;</hi></p></div>
<div>
<head>COMMON LAW RULINGS</head>
<p>&ldquo;In the case of Josiah Oakes&mdash;the first case in the United States involving the natural right of relatives to care for their insane at home or in an asylum&mdash;Chief Justice Shaw of the Supreme Court of Massachusetts, in his decision affirming the right, bases it on &lsquo;the great law of humanity which makes it necessary to confine those whose going at large would be dangerous to themselves or others.  And the necessity which creates the law creates the limitation of the law,&rsquo; and on the question of the duration of the restraint, he makes this important addition:  &lsquo;His restraint should last as long as is necessary for the 

<pageinfo><controlpgno entity="i1995b110">110</controlpgno><printpgno>102</printpgno></pageinfo>safety of himself, and of others, and 

<hi rend="italics">until he experiences relief from his disease of mind.&rsquo;</hi>
  He further says:  &lsquo;A man may be restrained in his own house (by his family or friends), or in a suitable asylum, but under the foregoing rules and limitations.&rsquo;</p>
<p>&ldquo;Judge Burnside of the Supreme Court of Pennsylvania, in the Hinchman case, holds this doctrine even more emphatically:  &lsquo;if the relations and friends conscientiously believe one of their number to be insane, it presents a case in which the patient may be placed by them in an asylum or hospital, 

<hi rend="italics">for the purpose of restoring him to health.</hi>
&lsquo;  Again he says, &lsquo;Insanity is a justification of arrest and of the confinement, 

<hi rend="italics">so long as it is necessary for the health and improvement of the insane person.&rsquo;</hi></p></div>
<div>
<head>NATURAL LAW</head>
<p>&ldquo;I do not profess, of course, to be an expert in law&mdash;diffidence here is becoming in me&mdash;especially in that department of it which is said to be &lsquo;the perfection of human reason;&rsquo; but reason teaches me that the right of the sick to care, and of their friends to give it, is inherent and reciprocal in them under the great law of human nature.  It is a law paramount to Magna Charta, and all constitutions and bills of rights, because it is both an 

<hi rend="italics">older</hi>
 and a 

<hi rend="italics">higher law.</hi>
  Bills of rights 

<hi rend="italics">create no rights</hi>
&mdash;they declare some rights that 

<hi rend="italics">exist.</hi>
  Such 

<hi rend="italics">rights,</hi>
 however, do not exist by virtue of any written law, and this 

<hi rend="italics">right,</hi>
 as well as the reciprocal 

<hi rend="italics">duty</hi>
 of friends and relatives to care for each other in sickness, becomes no more their right when declared than when undeclared by statute.  If this be true, then that &lsquo;great blank in our law&rsquo; which consists merely of an omission of the statute to declare a great natural right or the precise mode of exercising it, becomes a matter of small consequence.  I do not doubt the sufficiency of the law to punish any abuse that may be practiced under this natural right; but I deny the validity of any law that attempts to abrogate or abridge it, except for cause, and by &lsquo;due process of law&rsquo;&mdash;whatever that may be.</p>
<p>&ldquo;Having thus vindicated, as best I could, my individual opinions upon the natural right of relatives to care for sick relatives and friends, in 

<hi rend="italics">their own homes,</hi>
 I wish to add another thought.</p></div>
<div>
<head>THE NECESSITY OF AN ASYLUM</head>
<p>&ldquo;Insanity differs from all other forms of disease in this:  In ordinary sickness, the patient, with friends to care for him, is better off and more likely to recover 

<hi rend="italics">at home</hi>
 than anywhere else; while of the insane patient the reverse is true,&mdash;he is better off and much more likely to recover in an asylum or hospital.  This being true, is it not evident that the friends who place a patient in an asylum, that he may receive this greater benefit, do but exercise, in the asylum and through its officers as their recognized agents, those rights which, when exercised at home, no reasonable person will question, unless the care be clearly inadequate or the right be abused?  What necessity, therefore, that the right to thus utilize an asylum (furnished by the state for just such use), should be declared by law, or that the law should make any provision about it except so far as it may be necessary to secure the state from an illegal pecuniary burden?  This provision our statute makes, and this, as it seems to me, is all that is required by the necessities of the case.</p></div>
<div>
<head>WHO DECIDES THAT INSANITY EXISTS?</head>
<p>&ldquo;But who shall determine the existence of insanity?  This is a practical question sometimes full of difficulties to courts, lawyers, and doctors, as well as others; and if some of the legal doctrines now commented on shall prevail, it is a question that is full of danger to physicians and to all who deal with insane as patients.</p>
<p>&ldquo;Chief Justice Shaw (before quoted) on this question, in its relation to police regulation, says:  &lsquo;An insane person has no will of his own, hence the duty of others to provide for his safety and their own.&rsquo;  &lsquo;Whose duty?&rsquo; he asks, and answers by saying:  &lsquo;Relatives if he have any&mdash;the nearer the better&mdash;strangers if necessary.&rsquo;  The duties of magistrates and police officers in this respect are prescribed by statute.  The right to restrain involves the right (but only for the time being) to determine the cause and the necessity of the restraint.  But this doctrine of the common law devolves on the defendant the possible necessity of proving not only the insanity but the danger from it, in justification of the restraint.  Insanity, under this doctrine, is no justification unless the danger be proved.  Proving the danger by the injury 

<hi rend="italics">done,</hi>
 is too much like &lsquo;locking the stable after the horse is gone&rsquo; to be either wise or prudent.  If this proof must be made before an ordinary jury, it will often fail to convince.  If one, like Shakespeare&apos;s Ophelia, were before a jury, it might not be difficult to establish the 

<hi rend="italics">insanity;</hi>
 but in the absence of over acts to prove danger would the jury admit the 

<hi rend="italics">danger</hi>
?  Experience teaches us to doubt the verdict:  but the danger&mdash;the imminent danger&mdash;would nevertheless exist.  Medical experience and observation, now tabulated, demonstrate that danger from insanity exists in so large a majority of cases that there is no safety in any position which does not 

<hi rend="italics">assume the danger 

<pageinfo><controlpgno entity="i1995b111">111</controlpgno><printpgno>103</printpgno></pageinfo>from the insanity.</hi>
  This is proved to be so uniformly true of recent cases of the disease that it is safe to declare as a general truth that the 

<hi rend="italics">onset of insanity is the beginning of danger.</hi>
  When the courts can be convinced by the facts that this is true and will so declare it&mdash;or if the legislature, by a statutory enactment, will so declare it, an important step in advance will have been taken&mdash;a step which will do infinite good to the insane, and to their friends, and to all others who are compelled to deal with them as patients.</p>
<p>&ldquo;The duty of declaring the existence of insanity for purposes of restraint or treatment, so far as prescribed by our statute, is definitely devolved:
<lb>

<list type="ordered">
<item>
<p>&ldquo;1.  

<hi rend="italics">As to paupers,</hi>
 on the superintendents of the poor and a reputable physician.</p></item>
<item>
<p>&ldquo;2.  

<hi rend="italics">As to indigent persons,</hi>
 on judges of probate.</p></item>
<item>
<p>&ldquo;3.  

<hi rend="italics">As to private patients,</hi>
 it is left to their friends or other persons of certified responsibility and a reputable physician.</p></item></list></p></div>
<div>
<head>COURTS THE FINAL ARBITER</head>
<p>&ldquo;But the exercise of this power under these circumstances, and for these purposes, and by the persons or officials named, is necessarily subject to review by the courts, if for no other reasons, to prevent abuses of the power by wicked, or irresponsible, or ignorant persons.</p>
<p>&ldquo;The power to declare a person 

<hi rend="italics">non compos mentis,</hi>
 by which he is relieved of moral responsibility for his acts, or deprived of the control of his property, being lodged by law with the courts, they, in the exercise of this power may, and sometimes must, review all preceding acts of those dealing with the insane persons under consideration.  So that, in various ways, the temporary determination of insanity, for temporary purposes, is ultimately brought into the courts.</p></div>
<div>
<head>POLICY OF ENGLAND TOWARDS INSANITY</head>
<p>&ldquo;Without attempting to enumerate, much less discuss, any of the many questions which arise here, except such as affect the rights and liabilities of physicians and of others who deal with the insane patients, I beg to call your attention, in this connection, to the policy of England towards her insane and her insane asylums.  It is a policy with her, older than our government, and one that has worked so well and for so long time that it is deserving of careful consideration.  It is particularly interesting and important on the question of judicial interference in the treatment of the insane as patients which was raised recently by one of our courts.  This policy is so clearly and so admirably expressed by Sir William Blackstone that I use his words.  He says:</p>
<p>&ldquo;&lsquo;On the first attack of lunacy, or other occasional insanity, while there may be hope of a speedy restitution of reason, it is usual to confine the unhappy objects in private custody, under the direction of their nearest friends and relatives; and the legislature, to prevent all abuses incident to such private custody, hath thought proper to interpose its authority 

<hi rend="italics">for regulating private mad-houses.&rsquo;</hi>
  (It will be borne in mind there were no public asylums in his day.)  &lsquo;But,&rsquo; he continues, when the disorder is grown 

<hi rend="italics">permanent,</hi>
 it is proper to apply for royal authority to warrant a lasting confinement.&rsquo;  (By the theory of English law, the king is the natural guardian of idiots and lunatics&mdash;a function assumed, under our form of government, by the state, and&mdash;in all cases requiring judicial action&mdash;exercised by it through the courts.)</p>
<p>&ldquo;Applying this statement of a sound and humane policy&mdash;

<hi rend="italics">mutalis mutandis</hi>
&mdash;to our own times and conditions, what does it mean?</p>
<p>&ldquo;In Blackstone&apos;s time the cure of insanity was unknown&mdash;indeed was not supposed to be possible; but insanity 

<hi rend="italics">was</hi>
 known to be, in some cases, 

<hi rend="italics">of short duration;</hi>
 but now a large majority are cured.  An insane patient, therefore, while he is supposed to be curable or while medical treatment offers hope of recovery, is left, under this policy, to the care of his friends in the asylum, subject 

<hi rend="italics">to the rules and surveillance,</hi>
 while in the asylum, 

<hi rend="italics">of his natural or constitutional guardian</hi>
&mdash;

<hi rend="italics">the state.</hi>
  Extraordinary cases alone excepted, the courts, while the insane person is under medical treatment, take no cognizance of him, nor is their action in his case or affairs advisable until his malady has become permanent or there is little hope of recovery.</p></div>
<div>
<head>BETTER TO PREVENT THAN TO CURE ABUSES</head>
<p>&ldquo;There is practical wisdom in the old adage that &lsquo;an ounce of prevention is better than a pound of cure.&rsquo;  The &lsquo;cure&rsquo; to which I now allude is not the cure of insanity, but that cure of fictitious wrong supposed to be found in asylums which is relieved by six-thousand-dollar.  If it be better to prevent a theft than to recover the stolen property and punish the thief, if it be better to prevent a bruise than to cure it with expensive plasters, then, if mistakes 

<hi rend="italics">are</hi>
 made in the admission of patients at the asylum (I will not even assume the existence there of deliberate abuses), if, I say, mistakes occur, it is better to prevent or correct them at once than to persist in them for months and 

<pageinfo><controlpgno entity="i1995b112">112</controlpgno><printpgno>104</printpgno></pageinfo>years.  While I shall not deny the possibility of mistakes of judgment in regard to a disease so difficult of diagnosis as sanity sometimes is, I do not hesitate to express my belief that the number of mistakes made is infinitesimally small; but, I should still more earnestly insist that it is better to prevent the mistake (or, it you please, the wrong) as far as possible by state surveillance, than to cure it afterward; and infinitely better than to require (as suggested by the court in the late Van Deusen case) judicial permission to place an insane person in the asylum for treatment; for, it is not apparent why it should be necessary to have &lsquo;a day in court&rsquo; to prove this, any more than any other sickness; while it is apparent that, in recent insanity, the judicial proceeding will be repugnant to the feelings of friends and injurious, if not fatal, to the patient.</p>
<p>&ldquo;Having thus challenged your attention to a policy of state surveillance of our asylums, it may be asked, how can it be accomplished?  I answer, it is 

<hi rend="italics">already accomplished;</hi>
 it has been in use ever since the first opening of our asylum in 1859; but like all other regulations relating to the internal affairs of the asylum, it is not made conspicuous or demonstrative to quiet the apprehensions of the ignorant and the suspicious.  What are the details of the plan in use?</p></div>
<div>
<head>THE POLICY OF MICHIGAN</head>
<p>&ldquo;Each of the two asylums, in this state, is governed by a board of six trustees, appointed by the governor and approved by the senate, from the intelligent and reputable citizens of the state, and representing, as equitably as possible, all sections of the state.  The boards are required to hold quarterly meetings at the asylum under their charge, and in addition to these meetings, some or all of the trustees are required to visit each institution monthly, at which times it is made their duty to carefully examine all parts and departments of the institutions under their charge, and to make a monthly record of their approval or disapproval of its management and workings.  At these meetings all cases of insanity recently admitted to the asylum are reported, and any questions regarding the mode or propriety of any admission are at once decided.</p>
<p>&ldquo;We have also a board of state charities, clothed with power to make, at any time, careful examination of, and to exercise supervision over, the asylums for the insane, including the power to inquire into alleged abuses and to recommend what further legislation, if any, is needed to increase their efficiency or prevent abuse.</p>
<p>&ldquo;Whenever the legislature meets, its committees visit and inspect the asylum, its records and departments, and report to the legislature the results of their observation.  Many other provisions subsidiary to these main features, but too numerous to mention, express the anxiety of the state to fulfill its duties as the guardian of its feeble-minded citizens.</p>
<p>&ldquo;If this be not enough to give the requisite guaranty of good faith and good management on the part of asylum officers, the legislature, in the exercise of its wisdom, can and will make the surveillance even more rigid (but not more conspicuous) by clothing existing boards with additional powers, or by the creation of a commission in lunacy, to be a body separate and distinct from the managing boards.  But in doing this, if indeed it be necessary to do anything more, they should be very careful not to impair the usefulness of the institutions to the nine hundred and ninety properly and profitably there for the mere sake of preventing a question about the doubtful 

<hi rend="italics">one.</hi></p>
<p>&ldquo;I am fully of the belief that the present system is ample to provide for all real necessities and to prevent all real dangers to the rights of person or of property; but I do not believe that the present or any other system will altogether prevent suspicion and prejudice, especially when instigated and fomented by interest or malice.  But if something must be done to give greater security, in the name of humanity let it be almost anything except a judicial decision to determined the necessity for asylum treatment.  The reasons for this position are too numerous and too weighty and too obvious to need mention among medical men.</p></div>
<div>
<head>NEWCOMER vs. VAN DEUSEN</head>
<p>&ldquo;I now take occasion to say that the topic of this address was suggested by a suit recently tried in the circuit court of Kalamazoo County of this state&mdash;entitled Newcomer vs. Van Deusen&mdash;in an action (as technically defined by the court) &lsquo;for false imprisonment and assault and battery&rsquo;, the plaintiff having been a patient in the insane asylum at Kalamazoo, and the defendant, Dr. Van Deusen, having been, as you all know, its medical superintendent.</p>
<p>&ldquo;The plaintiff claimed that she was sane and was illegally confined in the asylum; and therefore, Dr. Van Deusen was charged in the trial, not only with technical false imprisonment and assault and battery, but was also charged with conspiracy to confine and with damages for malpractice and maltreatment by him or his responsible agents.  By a ruling of the court declaring a technical defect in the mode of admitting her into the institution, 

<pageinfo><controlpgno entity="i1995b113">113</controlpgno><printpgno>105</printpgno></pageinfo>testimony was admitted tending to show damages to her from malpractice and maltreatment while thus under the alleged illegal duress.</p>
<p>&ldquo;The defense denied the sanity of the plaintiff, denied the conspiracy, denied the false imprisonment, and denied the malpractice and maltreatment.</p>
<p>&ldquo;With all due respect to court and jury, I claim the right, as an individual citizen, to declare my belief (based on a full knowledge of the case as made) that the evidence, by an overwhelming preponderance, proved the plaintiff&apos;s insanity&mdash;proved that she was placed in the institution at the request and with the permission or approval of her nearest relatives&mdash;proved that there was neither conspiracy to confine, nor malpractice nor maltreatment during her confinement&mdash;proved that, instead of being injured, mentally or physically, by her confinement and treatment, her life, in all human probability, was thereby saved, and proved, furthermore, that when she was discharged (at the request of her friends by whose request she was placed there) her health and reason were both greatly improved.</p>
<p>&ldquo;But a verdict was rendered by the jury, assessing plaintiff&apos;s damages against the defendant at the sum of $6,000.</p>
<p>&ldquo;The question naturally arises, if the evidence in the case proved the facts to have been as now claimed, how, or on what grounds, was such a vindictive verdict obtained?</p>
<p>&ldquo;To say nothing of the fact that the plaintiff was a woman and the defendant was a man and a state officer; to omit all discussion of the popular inability to determine, in most cases, the existence&mdash;especially, to determine from evidence, the 

<hi rend="italics">past</hi>
 existence&mdash;of insanity; to refrain from all detail of the popular ignorance, and consequent prejudice (partly a consequence of former barbarism) regarding the asylum custody of the insane, inflamed, too, as it has been of late years and for mercenary purposes, by highly wrought fiction, sensational literature and an unscrupulous press; to ignore the effect of untruthful statements, scattered broadcast over the state by patients discharged from the asylum half cured; to say nothing of that other class of falsehoods told by discharged and malicious or spiteful employes of the institution:  refraining, I say, from all discussion or estimation of the effect of one, or any, or all of these several causes of prejudice or erroneous belief in the popular mind, including jurymen unconsciously biased by them before taking their seats in the jury box; and without undertaking to say (especially as I do not know) what influenced the jury in this case to render such a verdict, I will say for 

<hi rend="italics">myself</hi>
 as an individual, that the only reasons I can find in the case, for any verdict adverse to defendant, even for a verdict of nominal damages, are two-fold:
<lb>

<list type="ordered">
<item>
<p>&ldquo;1.  A technical statutory defect in the order of commitment; and</p></item>
<item>
<p>&ldquo;2.  Certain legal and, as I believe, erroneous doctrines inculcated by the court in the admission of evidence and in its charge to the jury.</p></item></list></p>
<p>&ldquo;To explain what I mean by a technical statutory defect in the order of commitment, it is necessary to say that the statute organizing the asylum and prescribing the mode of admitting patients divides those that may be admitted into three classes, viz.:
<lb>

<list type="ordered">
<item>
<p>&ldquo;1.  Pauper insane who are admitted on the order of the county superintendents of the poor and at the expense of the county of which the pauper is a resident, and on a certificate of a physician that the pauper is insane:</p></item>
<item>
<p>&ldquo;2.  

<hi rend="italics">Indigent insane</hi>
 admitted on the certificate of the judge of probate for the county of which the insane person is a resident, made after an investigation by him to determine, on the evidence of two reputable physicians, the fact or the probable existence of the insanity, and, on other competent evidence, the further fact (manifestly the main purpose of his inquiry) that the estate of the insane person or of his responsible friends is not sufficient to defray the entire expense of his board and care in the asylum:</p></item>
<item>
<p>&ldquo;3.  

<hi rend="italics">Private Insane</hi>
 whose entire expense for board and care in the institution is defrayed from the estate or by the friends of the insane person, and who, by a by-law, of the Board of Trustees made pursuant to the statute, may be admitted to the asylum on the certificate of a reputable physician declaring the person insane and a bon obligating the payment of expenses given by two persons of certified responsibility.</p></item></list></p>
<p>&ldquo;The statute in force in 1874, when the plaintiff in this case was admitted into the asylum, provided that the expense for the board of pauper and indigent patients should be charged to the counties at the same rate for both classes, but that private patients should pay $1.50 per week more than this uniform rate for those wholly or partly a county charge.  This statutory difference in the expense of county and of private patients had developed throughout the state a practice which, though embarrassing to the institution, its officers were powerless to prevent.  The practice was this:  the friends of private patients abundantly able to defray their own expense, having the first made an arrangement with the county superintendents by which the county should be fully reimbursed, permitted their relative to be sent to the asylum as a 

<hi rend="italics">pauper</hi>
 and a nominal county charge, on the order of the superintendents of the poor, by which arrangement the county lost nothing, and the friends saved a dollar and a half a week.  If the person so brought to the asylum, in 

<hi rend="italics">forma pauperis,</hi>
 was, in the judgment of a reputable physician, an insane person, 

<pageinfo><controlpgno entity="i1995b114">114</controlpgno><printpgno>106</printpgno></pageinfo>such an order from the county superintendents of the poor was, under the statute, conclusive as to the right to admit, and mandatory as to the amount to be charged for the board and care of the insane person so admitted.</p>
<p>&ldquo;Mrs. Newcomer, the plaintiff in this case, had, it seems, property sufficient to maintain her as a private patient in the institution; but she was brought to the asylum by a superintendent of the poor for Calhoun County, as a pauper, her friends having guaranteed the county against expense on her account.  Her removal to the institution was also asked by her mother, sister, daughter, and son-in-law, and her insanity was certified by a reputable physician; so that the law of the institution was complied with in case she should be entered as a 

<hi rend="italics">private</hi>
 patient; but she was admitted, in fact, as a pauper, on the written order of the superintendent of the poor for Calhoun County; but this order was signed by only one superintendent, while the law requires the signature of two, or a majority of the superintendents for that county.</p>
<p>&ldquo;It was personally but unofficially known to the medical superintendent of the asylum that 

<hi rend="italics">all three</hi>
 of the superintendents for that county consented to and desired her admission as a nominal county charge; but, as before stated, the order for her admission was signed by one only, and by him after he had reached the asylum with his charge.  The fact that the order was signed by one was held by the court to make the authority defective, and her confinement under it was also held to be 

<hi rend="italics">prima facie,</hi>
 a wrongful detention of the plaintiff; and the confinement, being thus held to be unlawful, testimony was admitted in an effort to show damages for conspiracy, for false imprisonment, malpractice, and maltreatment by defendant or his agents.</p>
<p>&ldquo;It will be observed that had she been presented and received, as a 

<hi rend="italics">private patient,</hi>
 the evidence of her insanity, as well as the right to receive her as a patient, was, under the asylum rules, full and conclusive.</p>
<p>&ldquo;It will be further observed that offered and received as she was, as a pauper patient, the 

<hi rend="italics">form</hi>
 in which she was received determined nothing but the cost of her maintenance</p>
<p>&ldquo;It will be observed, yet again, that no evidence was received or offered even tending to show bad faith, bad or improper conduct of any kind on the part of Dr. Van Deusen, but as the order admitting Mrs. Newcomer into the asylum was signed by one of the superintendents of the poor, the others consenting but not present to sign, we were left to conclude that the verdict of $6,000 damages against Dr. Van Deusen was based on technical and not on substantial grounds.</p>
<p>&ldquo;On the questions relating to the ground and to the extent of damage in this case, I also venture to express, as an individual opinion, another thought:</p>
<p>&ldquo;Assuming that her friends had the right to care for her in sickness and had the right to care for her at a hospital as well as at their home; and assuming further that restraint is an essential and necessary part of the medical treatment, whether given at home or in the hospital, Dr. Van Deusen was liable, if liable at all, not for false imprisonment as the medical superintendent of the asylum, but for malpractice as the responsible physician of the 

<hi rend="italics">hospital;</hi>
 and if, in her treatment, he and his medical assistants had ordinary knowledge and skill in the treatment of insanity and used the necessary diligence in the application of it, he was the liable for 

<hi rend="italics">any</hi>
 damage, especially as no damage was proved.</p>
<p>&ldquo;If this view of the case be valid it makes the verdict a clear violation of all principles of justice.</p></div>
<div>
<head>UNFOUNDED SUSPICIONS</head>
<p>&ldquo;I have no doubt that the injustice, so apparent in the verdict given in this case, grew largely out of the fact that &lsquo;there is a popular impression just now, that 

<hi rend="italics">sane</hi>
 persons are not infrequently shut up in hospitals under pretense of 

<hi rend="italics">insanity</hi>
 by their family or relatives, in order that they may be the better able to perpetrate some wrong,&mdash;the officers and authorities of the hospitals, of course, aiding and abetting in the measure.&rsquo;  One might suppose from the prevalence of this idea and the excitement caused by it, that a large part of the time and labors of asylum officers were expended in this nefarious business.  On the practicability or possibility of a successful prosecution of such villainy, Dr. Ray, the distinguished author of the &lsquo;Jurisprudence of Insanity,&rsquo; says:  &lsquo;The idea that the confinement of the 

<hi rend="italics">sane</hi>
 in hospitals for the 

<hi rend="italics">insane</hi>
 is a common occurrence, implies only gross credulity and the profoundest ignorance respecting these institutions; for however much it might serve the purposes of the parties concerned, it would be fatal to the interests of the hospital.&rsquo;  A legislative inquiry into this matter, a few years ago, developed the fact that of 5,796 persons admitted into the Pennsylvania hospital for the insane, &lsquo;not one was sane.&rsquo;  Similar evidence was also obtained relative to the other asylums of the United States.  The Earl of Shaftesbury, for many years president of the English lunacy commission, testified before Parliament, that &lsquo;the notion of improper admissions 

<pageinfo><controlpgno entity="i1995b115">115</controlpgno><printpgno>107</printpgno></pageinfo>missions or detentions is essentially wrong.&rsquo;  The chief French in lunacy also says:  &lsquo;J have never known a single instance of arbitrary sequestration.&rsquo;</p></div>
<div>
<head>ASYLUM ABUSES ALMOST UNKNOWN</head>
<p>&ldquo;But if such outrages are as frequent as popular thought and feeling seem to indicate, why are there no more cases to be found in the records of our courts?  It would seem that the law books should be full of them.  I invite the attention of all members of the legal profession, who do me honor by their presence, to the fact that, with access to several large law libraries, I have, for months, as I had leisure, searched the available common-law records of all the states in the Union and their references, and I find but four cases, all told, in which such alleged illegal coonfinement in an asylum was the basis of suit; and in 

<hi rend="italics">not a single instance,</hi>
 even in these four cases, 

<hi rend="italics">has a medical officer of a hospital for the insane been found in the slightest degree culpable!</hi>
 So far, therefore, as I have been able to find, the circuit court of Kalamazoo County in the State of Michigan, has the distinction of being the first court and the only court in the United States, to express, by a fine of $6,000 or any other amount, the popular indignation against medical officers of hospitals for the insane!  This distinction, too, seems to have been achieved (as stated by the judge when refusing a new trial) &lsquo;without the imputation of any intentional wrong on the part of the defendant (Dr. Van Deusen) and none was claimed on the trial!&rsquo;  Such a result, under such circumstances, may not seem strange to our brethren of the legal profession, but to us simple-minded doctors, it is as puzzling as a case of mysterious death to a coroner&apos;s jury.</p></div>
<div>
<head>WHO IS Dr. VAN DEUSEN?</head>
<p>&ldquo;And who is the victim? Who is it that, &lsquo;without the imputation of any intentional wrong,&rsquo; stands, to-day, before the American medical profession and the American people as the first and only victim of the popular vengeance against these asylum tyrants?</p>
<p>&ldquo;While yet very young, he was found standing in the very front ranks of asylum experts in the East.  He was nominated by your governor and confirmed by your senate as the medical superintendent of the Michigan Asylum for the Insane at Kalamazoo.  He made the plans for the buildings, he supervised much of their construction, and in 1859 he put the institution in operation; and how, after twenty years of self-sacrificing, self-denying labor, without a suspicion of cruelty, without a taint of unworthy or unkind action upon his official skirts; proved to be pure in impulse, pure in thought, and pure in action; tender and sensitive as a woman in the presence of affliction, though cool and brave as a man in action; admirable as an organizer; brilliantly, successful in administration; distinguished by his scientific attainments and his many virtues of head and heart; now, and above all else (in his retirement from labors that nearly cost his life), he is blessed, and with heart-felt blessings, by the thousands who have been restored through his agency to home, to friends, to usefulness, and to reason.  Such is the man, such the physician, and such the state officer, and such the philanthropist who, having passed through the fiery furnace of twenty years of official life without so much as the &lsquo;smell of fire on his garments&rsquo; and without intentional fault or the imputation of it, now becomes the first victim in this enlightened country of a vulgar prejudice against asylums, and of the misapplication of the grand doctrine&mdash;originally promulgated to 

<hi rend="italics">defend</hi>
 and not to 

<hi rend="italics">punish</hi>
 the good&mdash;the grand doctrine that &lsquo;no person shall be deprived of liberty unless by due process of law.&rsquo;</p></div>
<div>
<head>DANGERS TO MEDICAL MEN</head>
<p>&ldquo;Gentlemen of the State Medical Society:  Is it not time we studied our legal relations to our insane patients?  Is it not time that all of us who make affidavit to an indigent person&apos;s insanity before a judge of probate; all of us who certify to the insanity of a private patient; all of us who accompany a patient to an asylum; is it not time that we were informed whether by so doing we make ourselves liable to a suit and to damages for 

<hi rend="italics">conspiracy to imprison?</hi>
 Is it not time that the relatives and friends of an insane person whom they place under asylum care and treatment were definitely informed of their liability to suits for 

<hi rend="italics">false imprisonment</hi>
 and to suits for 

<hi rend="italics">conspiracy?</hi>
  If the patient, whom they have cared for ever so kindly, should for any reason be set at liberty half cured, and be fully possessed (as they generally are) with the idea that he is sane and always has been sane and is the victim of injustice and outrage, the suit is liable to come, provided you or they have any estate to be plucked or plundered.</p></div>
<div>
<head>WHAT SHALL THE LAW BE?</head>
<p>&ldquo;Is it too soon to appeal to the two great co&ouml;rdinate law powers of the state,&mdash;the powers that make and construe law,&mdash;to consider the effect that such a state of things will have on the welfare of the people and on two of the great humane institutions of the 

<pageinfo><controlpgno entity="i1995b116">116</controlpgno><printpgno>108</printpgno></pageinfo>state?  In the language of Chief Justice Cockburn of England, may we not ask them &lsquo;to consider these cases, not only with reference to the insane individuals committed to the care of medical men, but also with a view to their interests in another sense&mdash;taking care not to impair or neutralize the energy or usefulness of medical assistance, by exposing medical men, unjustly, to vexations and harassing actions?&rsquo; While they remember the patient and others who must become patients, let them not forget society nor those who must care for the patient.&rdquo;

<superscript>13</superscript></p>
<p>Not long after hearing this address, the writer &ldquo;enjoying&rdquo; (to use a discountable expression) an extremely 

<hi rend="italics">private</hi>
 practice, was so fortunate as to receive from Dr. Hurd, the newly appointed medical superintendent of the Eastern Michigan Asylum (now Pontiac State Hospital), the offer of an assistant physicianship.  The erudite address of Dr. Pratt emphasizing the medical side, particularly the favorable prognosis from early treatment of the insane, was extremely influential in bringing about prompt acceptance, a step never since for a moment regretted; and so far as discoverable, apart from the lawyers, this writer is the only direct beneficiary of all this expensive litigation.  Indirectly, of course, numerous (?) readers of this history will find improvement of their literary style a result of the masterful production.</p>
<p>The trial of the Newcomer case continued for two weeks, the testimony covered 12,000 folios and the total expense reached many thousands of dollars.  After appeal from the original verdict &ldquo;of $6,000 for the plaintiff&rdquo; a new trial was ordered by the Supreme Court and &ldquo;the charge and opinion of Judge Shipman in this case is spoken of as a model of judicial literature.&rdquo;  He instructed the jury to render a decision of &ldquo;no cause of action.&rdquo;</p>
<p>&ldquo;Another important factor in the guidance of public opinion was the unblemished character and quite and manly bearing of Dr. Van Deusen.&rdquo;

<superscript>6</superscript></p>
<p>&ldquo;A noted malpractice case&rdquo; was tried in Kalamazoo in 1884.

<superscript>11</superscript></p>
<p>Dr. N. M. Thomas had treated the daughter of one Beals for a fracture.  Plaintiff claimed it &ldquo;was only a dislocation at the &ldquo;elbow&rdquo; and brought suit to recover damages.  &ldquo;The jury was an unusually intelligent one,&rdquo; the advocate often them in tears and the sturdy old pioneer clergyman, Rev. &mdash;&mdash; ,one of the jurors, &ldquo;cried like a child.&rdquo;  The court and crowd paid &ldquo;breathless attention, and it seemed when he had finished there were no higher forensic honors in his profession for him to win.&rdquo;  He won, of course.  A notable array of witnesses gave testimony, among them Dr. Zina Pitcher, &ldquo;the learned and erratic Dr. Lamborn&rdquo; and President Brainard of Rush Medical College, Chicago.</p>
<p>Pity the plight of the plastic and perturbed parson dissolved in tears.  Up with the impressive symbol of the &ldquo;Law&rdquo;&mdash;a &ldquo;link.&rdquo;  Someone&mdash;a fundamentalist, no doubt&mdash;likened the &ldquo;Law&rdquo; to &ldquo;a golden link in the chain that binds the universe to the throne of God.&rdquo;  If a golden one isn&apos;t available any other sort would answer.</p>
<p>Research in the court records of Kalamazoo County which Dr. Jackson inspired developed the following:</p>

<pageinfo><controlpgno entity="i1995b117">117</controlpgno><printpgno>109</printpgno></pageinfo><p>Dear Brother:</p>
<p>Concerning the matter of Beals 

<hi rend="italics">vs.</hi>
 Thomas, will say that this case was started by the Plaintiff through his attorneys, Stuart and Miller, in the Fall of 1844.  The Defendant appeared and defended the case by Clark and Balch, his attorneys.</p>
<p>The case was tried in June, 1845, and on June 17th the jury returned a verdict in favor of the plaintiff for $300.00.  On August 9th following, the verdict was set aside by Judge Ransom and a new trial was ordered on payment of costs by the Plaintiff which were paid on September 4, 1845.  Subsequently, and on June 8, 1846, an agreement to arbitrate was entered into between the parties.  One of the arbitrators, namely, Z. Pitcher, was from Detroit, and the other one, D. Brainerd, was from Chicago.</p>
<p>This case appears in Docket 4, Page 186, of the Circuit Court Records for this County.</p>
<p>I am enclosing herewith on a separate sheet, copy of the report of the arbitrators, which is particularly interesting.
<lb>
Very sincerely yours,
<lb>
(Unsigned)</p>
<p>The undersigned to whom was submitted the matter in difference between John Beals and Nathan M. Thomas, having carefully examined the injured limb of Daphne Beals, and heard the testimony adduced in relation to the injury and its treatment, and the arguments of council [

<hi rend="italics">sic</hi>
] in this cause; respectfully report to the Honorable Chief Justice of the State of Michigan presiding over the Circuit Court of Kalamazoo County.</p>
<p>That they agree in the opinion that the said injury was a dislocation of the upper end of the radius forwards, not detected at the time of the occurrence; and that the defendant is therefore liable to the imputation of Mal Practice from defective anatomical knowledge.</p>
<p>Taking into consideration that this dislocation is one of the rare occurrence and has in several cases been found to be incapable of reduction, and that it was not in this instance attended by the usual distinguishing signs and was obscured by considerable swelling.</p>
<p>Considering further, that the study of Anatomy, essential to the proper treatment of such cases, is, by the laws of the State of Michigan, a penatentiary [

<hi rend="italics">sic</hi>
] offence; together with the fact that the limb is still highly useful and may, in our opinion, be essentially improved by judicious treatment, we award that the defendant in this case is not justly liable to any damages and that (if it belongs to the board to decide this question) we further award that each party shall pay his own costs.
<lb>

<hi rend="smallcaps">Z. Pitcher
<lb>
D. Brainerd.</hi></p>
<p>Dated Kalamazoo, June 13, 1846.</p>
<p>Dr. Rush McNair of Kalamazoo in ringing words lays low the decomposed remains of that poor old legal fiction, &ldquo;The Truth, the whole Truth and nothing but the Truth.&rdquo;

<superscript>7</superscript>
  Would that they might be interred, decently or indecently, but to this end the co&ouml;peration of those of the &ldquo;golden link&rdquo; would be necessary and therefore impracticable.  Courts will continue throughout time and, conjecturally, eternity to use the stultifying and common-sense disregarding formula.</p>
<p>Dr. McNair writes, &ldquo;Before he begins his testimony the doctor, with right hand uplifted to heaven, and with the Creator of the Universe and all the world for witness, swears to tell &lsquo;the truth, the whole truth and nothing but the truth, so help me, God.&rsquo;</p>
<p>&ldquo;Sooner or later, having finished or been finished, the doctor steps down.</p>
<p>&ldquo;He is willing to swear now that he tried to tell me truth, but is not so sure that what he uttered was the truth he tried to tell.  And as for telling nothing but the truth, he is not sure but that he told anything but the truth. 

<pageinfo><controlpgno entity="i1995b118">118</controlpgno><printpgno>110</printpgno></pageinfo>And as for telling the whole truth, were it not to him so tragic, it would be to laugh.</p>
<p>&ldquo;The plaintiff, nor the defendant, nor the court&mdash;honorable judge presiding&mdash;nor the intelligent jury, asked for the whole truth.</p>
<p>&ldquo;All that either of the contendents wanted were certain statements that would help to develop his theory of attack or defense.&rdquo;</p>
<p>Dr. McNair discusses &ldquo;the pitfalls dug for and the blandishments intended to mislead and tangle the witness and the covert insults in cross examination.&rdquo;  It is a luminous revelation of court procedure and withal a sorry spectacle, viewed in relation to the attainment of so-called &ldquo;justice,&rdquo; a word defined in the prospectus of the recently constituted &ldquo;federation&rdquo; thereof as &ldquo;rendering to every man his due.&rdquo;</p>
<p>Dr. McNair&apos;s article deserves high appreciation and a more lengthy transcription than it seems practicable to give in this history.</p></div>
<div>
<head>A Celebrated Case</head>
<p>&ldquo;Assyria had its celebrated case in 1848, when not only the township, but the county, was much agitated over the stealing of the body of Joseph S. Blaisdell from the South Assyria cemetery and the subsequent sensational trial of persons charged with the robbery.  Mr. Blaisdell died March 10, 1848, and two days after his burial his grave was found to have been opened and his body stolen.  A prompt investigation led to the conclusion that certain medical men of Battle Creek and neighboring places were concerned in the affair, and Mr. Blaisdell&apos;s friends accordingly caused the arrest of three persons charged with having participated in the theft.</p>
<p>&ldquo;The case came on for a preliminary examination before G. W. Knapp, a justice of the peace of Assyria, and so large was the attendance that he adjourned the case to the schoolhouse, and even that building failed to accommodate half the people who came to the trial.  Judge Abner Pratt, of Marshall, appeared as attorney for the prosecution, and John Van Arnam for the defense.  A host of witnesses was examined, and a remarkably sharp display of legal learning was vouchsafed to the spectators.  After two days&apos; proceedings the prosecution, having failed to make a case, retired from the field defeated.  The prisoners were set free, and, although continued efforts were put forth in search of the true offenders and of the dead man&apos;s remains, nothing further was ever discovered.&rdquo;

<superscript>5</superscript></p>
<p>At the meeting of the State Medical Society in 1886, Dr. Flemming Carrow, later to be appointed professor of ophthalmology in the University of Michigan, read a paper on &ldquo;Foreign Bodies in and Injuries to the Eyeball.&rdquo;</p>
<p>Concerning this paper Dr. Noyes remarked that with regard to injuries to the eye and resulting harm therefrom the paper so admirably described these and their management that &ldquo;there appeared nothing more to be added.&rdquo;  However, he mentioned a case of medico-legal interest showing the relation of ophthalmic to forensic medicine, occurring twenty years before which was, he believed, the first instance &ldquo;of practical ophthalmoscopy in a court of law.&rdquo;</p>

<pageinfo><controlpgno entity="i1995b119">119</controlpgno><printpgno>111</printpgno></pageinfo><p>In discussing &ldquo;Prophylaxis of Malpractice Suits,&rdquo; Dr. Mulheron arraigned the medical colleges that &ldquo;exercise no discrimination in their selection of those on whom in two, or at most, three brief years, they confer their degree,&rdquo; and averred that in the present (1884) over-crowded condition of the profession there is &ldquo;too much incentive to the ... detraction of rivals.&rdquo;

<superscript>9</superscript></p>
<p>&ldquo;The Prophylaxis of Suits for Malpractice&rdquo; is featured time and again in 

<hi rend="italics">The Medical Age</hi>
 of that year.</p>
<p>&ldquo;The following from a newspaper report of a recent trial in this city is quite interesting.&rdquo;  The physician in this case was Dr. William Brodie, president of the American Medical Association.</p>
<p>&ldquo;Little Nellie Keevan had sued the Barnum Wire Works for being run over by one of the company&apos;s trucks.  The doctor testified in behalf of the company, that the girl&apos;s injuries were very trifling, and that she would recover the use of the crushed foot.</p>
<p>&ldquo; &lsquo;You may be mistaken, may you not?  asked the plaintiff&apos;s attorney.</p>
<p>&ldquo; &lsquo;Possibly.&rsquo;</p>
<p>&ldquo; &lsquo;Doctors make mistakes, don&apos;t they?</p>
<p>&ldquo; &lsquo;Certainly, just like lawyers.&rsquo;</p>
<p>&ldquo; &lsquo;And sometimes try to cover them up, don&apos;t they?</p>
<p>&ldquo; &lsquo;Oh, no; the undertaker covers up doctors&apos; mistakes.&rsquo;</p>
<p>&ldquo; &lsquo;Oh!  Well, are doctors ever disappointed in their calculations?</p>
<p>&ldquo; &lsquo;Very seldom.  The public are the ones that get disappointed in the calculations.&rsquo;</p>
<p>&ldquo;The lawyer was somewhat disconcerted by this repartee, but pulled himself together and went on another tack:</p>
<p>&ldquo; &lsquo;You say this injury was a mere trifle, doctor.  Then your bill will probably be a mere trifle; about $10?</p>
<p>&ldquo; &lsquo;Well, what kind of a doctor do you take me for anyway?</p>
<p>&ldquo; &lsquo;State what your bill will be for this trifle.&rsquo;</p>
<p>&ldquo; &lsquo;Oh, somewhere about $100.&rsquo;</p>
<p>&ldquo; &lsquo;Isn&apos;t that considerable for a trifle?</p>
<p>&ldquo; &lsquo;Well, it wouldn&apos;t be so much if I was going to charge the girl, but, you see, the company&apos;s going to pay, so it will be about $100.&rsquo;</p>
<p>&ldquo;The doctor&apos;s candor convulsed the judge, jury and spectators.  Miss Keevan secured a verdict of $1,000 against the company.&rdquo;

<superscript>9</superscript></p></div>
<div>
<head>The Making of a Lawyer</head>
<p>A woman was indicted in Hillsdale, in 1842, for attempting to poison her husband who testified that she has given poison to him and that one grain of it was a fatal dose.</p>
<p>The only chemist within three hundred miles was summoned and taken to a bakery by a smart attorney&mdash;a &ldquo;great criminal lawyer.&rdquo;  Two grains of the poison were baked in a cake.  The attorney are it and afterward addressed 

<pageinfo><controlpgno entity="i1995b120">120</controlpgno><printpgno>112</printpgno></pageinfo>the jury for three hours.  He called their attention to the fact that he was not dead.  &ldquo;How did you account for your escape?&rdquo; asked a reporter.  &ldquo;Oh,&rdquo; laughed the jolly Colonel, &ldquo;at that time I was used to eating from six to seven grains of arsenic without feeling the worse for it.&rdquo;</p>
<p>This was the &ldquo;making of .........&rdquo;</p>
<p>Thus are lawyers made and thus is justice assured, we are told.</p></div>
<div>
<head>Malpractice</head>
<p>At the meeting of the State Medical Society in 1887, the following resolution by the Kalamazoo Medical Society was offered through Dr. H. O. Hitchcock of Kalamazoo:
<lb>

<hi rend="blockindent">RESOLVED, That it is inconsistent with the spirit of our code of ethics for a member of our profession acting as expert assistant to a lawyer, to work up a case of malpractice against an honorable and reputable member thereof, or voluntarily to give expert testimony against such member, who may have been defendant in such a suit.</hi></p>
<p>Dr. Brodie of Detroit moved that the resolution be referred to the judicial council.</p>
<p>Dr. Hitchcock hoped the resolution would not go to a committee.  &ldquo;The Kalamazoo society desired an expression of opinion on this matter from the State Society at regular open session.  It sometimes happened that an epidemic of malpractice suits sprung up and swept over some section of the country.  Such an epidemic was now raging in Kalamazoo.  As the result of a recent suit in that village three suits for malpractice were pending in their county court.  Great wrongs had been committed, and greater wrongs might follow; no one was safe; it was time that the society put its stamp on such practices.&rdquo;</p>
<p>The original motion, after debate, was sanctioned by the society and referred to the judicial council.  This action followed an amendment by Dr. Jerome.</p>
<p>At the meeting in the following year the matter was again brought to the notice of the society by Dr. H. B. Shank of Lansing.  He considered the subject extremely important and felt that &ldquo;the frequency of malpractice suits that come up against our members, and the unholy direction that they seemed to take, and the proneness of jurors to decide against us that we [should] have some plan or pledge by which w e may assist&mdash;stand by our brothers who are suffering in these persecutions.&rdquo;  He &ldquo;would like to see something of this kind, that when a member of this institution here is prosecuted for a malpractice suit that he be authorized in substance to report the fact to the president of our society, and that the president of our society shall call upon and direct our judicial council to enquire into the facts of the case, and if they are satisfied that our brother is not guilty of any malpractice or any professional wrong, that he be directed to assess upon every member of the society a certain sum of money, to be pooled in for the defense of that suit and the fighting of it to the bitter end.&rdquo;

<superscript>13</superscript></p>
<p>Dr. Jerome said, &ldquo;We have been subjects of grave suspicion of 

<pageinfo><controlpgno entity="i1995b121">121</controlpgno><printpgno>113</printpgno></pageinfo>conspiracy against the rights of others.  Now I apprehend, Mr. President, that if we form a conspiracy here to defraud some poor body that has had the misfortune to break his leg, and he has not had a better leg made for him than he had before, after the doctor had set it, we would be amenable to pretty heavy damages.&rdquo;  He was evidently serious&mdash;although the allusion to the &ldquo;better leg&rdquo; was distinctly ironic&mdash;and advocated caution.  He had been, he said, &ldquo;several times chosen defendant.&rdquo;</p>
<p>Dr. Hitchcock with accustomed sagacity declared that &ldquo;the greatest desideratum is to protect the honor of the profession.  If a man is accused, don&apos;t have other physicians run to hum
<anchor id="n121-01">&dagger;</anchor>
 [sic] and say, &lsquo;Well, I don&apos;t know; they would not say so much about it without there was some truth in it.  I guess he has been higher estimated than he ought to have been.&rsquo;&rdquo;  &ldquo;Let every man,&rdquo; he said, &ldquo;stand up and not say a word derogatory, but say &lsquo;let the truth come, and let him stand on the truth just what it is.&rsquo;&rdquo;  And then he continued, &ldquo;When the doctors are called as witnesses, don&apos;t let them prevaricate.&rdquo;  He alluded to a case where suit against him has been threatened, but after a heart-to-heart talk with the injured one, he had settled for two pennies, taking &ldquo;a receipt in full for all damages,&rdquo; and the lawyer had to pay the costs.  Dr. Hitchcock knew &ldquo;that suit was brought by a doctor smelling around.  Did you ever see a decayed piece of beef?  Did you ever see it partly covered with earth?  Look at it; see it wiggle; look at it sharply.  There are some stink-bugs under there, wiggling and digging around under it.  Now you go and get an injured hip; do you see it wiggle:  look sharply, there are some stink-bugs of doctors around there wiggling.&rsquo;</p>
<note anchor.ids="n121-01" place="bottom">&dagger; The accuser?</note>
<p>Was this discussion the first-skirmish in the later battle won for &ldquo;Medical Defense&rdquo;?</p>
<p>&ldquo;The life history of Homer O. Hitchcock, of Kalamazoo, was closed December 7, 1888, and we mourn him today with a peculiar sorrow, inasmuch as he would have been in part our host, having been the one who at the last meeting of the society voiced the invitation given by the members of the association resident at Kalamazoo to meet with them this year.  Dr. Hitchcock was born in Westminster West, Vermont, January 28, 1827.  He was the youngest son of Mr. and Mrs. David Hitchcock, from whom he inherited not only a sturdy physical nature, but mental qualities of the highest order, and a moral character which enable him, during the many trying experiences of a physician&apos;s life, to bear himself with an honesty of purpose and action which stamped him unequivocally as an upright, Christian gentleman as well as an honorable physician.  Studious by nature, he availed himself of all possible opportunities to acquire a thorough English and classical education, and was graduated with honor from Dartmouth College in 1851, being chosen to deliver one of the orations.  This honor and responsibility he accepted, undeterred by his unfortunate habit of stammering, and before a large audience successfully acquitted himself of his duty.  This was but a type of his character. 

<pageinfo><controlpgno entity="i1995b122">122</controlpgno><printpgno>114</printpgno></pageinfo>Whenever he conceived anything to be a duty, its performance was to him a necessity.  There was apparently never a thought of shrinking, nor an attempt to persuade himself that he could avoid it.  To do his duty was his creed and the groundwork of his life.</p>
<p>&ldquo;Dr. Hitchcock early began the study of medicine under the direction of his brother, the late Dr. Alfred O. Hitchcock, of Fitchburg, Massachusetts, and subsequently became a pupil of Dr. Peaslee, of New York City, finally being graduated at the College of Physicians and Surgeons, New York, in 1855.  But his conscientious and ambitious nature was not satisfied.  He felt that for the responsibilities which he was taking upon himself he must have as through a preparation as possible.  To this end he remained in New York, taking special instruction in various branches, particularly surgery, and finally entered Bellevue Hospital as a member of the resident surgical staff.</p>
<p>&ldquo;In the fall of 1856, soon after leaving Bellevue, he was married to Miss Fidelia Wellman, of Cornish, New Hampshire, who was in every sense a companion till 1874, when she was removed by death, leaving two sons and one daughter.  Some time later he married his second wife, Miss Kate B. Wilcox, of Orford, who, with their son, Edward H., still survives.  Immediately after his first marriage, in 1856, he located in Kalamazoo, and with the exception of the years that he spent in the army during the late war, his entire professional life has been passed here.  His self-reliant and fearless character, his honesty and fairness, his unusual natural talents, cultivated as they were by the preparatory and college study and discipline, and finally crowed with such thorough professional preparation, of necessity at once brought him to the front rank, so that he not only rapidly acquired a large local business, but his advice was sought in counsel for miles around.  He was a broad man, a man of unusual general culture, but also broad in his profession.  He developed symmetrically, being a good diagnostician, an excellent practitioner, and above all a successful, bold and careful surgeon.  He was a man of growth, keeping abreast of the profession, so that at the time when he was seized by his last illness, he was doing some of the best work of his life.  He was a man who necessarily attracted attention by reason of his marked ability, so that he was constantly being called upon to fill public offices.</p>
<p>&ldquo;He was an active and efficient member of the Board of Education and a trustee in Olivet College.  He was elected a member of the American Medical Association in 1863, and was appointed delegate to the British Medical Association in 1886.  He was chosen by the governor in 1873 to organize the State Board of Health, and remained a member of that body till 1880, being its president the first four years.  He was elected a member of the State Medical Society in 1870, and at once took a great and active interest in it.  This could not be otherwise, inasmuch as his was a nature that could not be passively content.  He was ever seeking for knowledge and striving for intellectual and professional growth.  That he was at once recognized as a leader among leaders was evidenced by his election to the presidency of the 

<pageinfo><controlpgno entity="i1995b123">123</controlpgno><printpgno>115</printpgno></pageinfo>society in the year following his admission.  He infused his own courage and vitality into the society, harmonized inharmonious elements and inspired all with a portion of his own professional ambition, so that the year of his presiding witnessed the largest and most successful meeting that the society had thus far enjoyed.  Since that time he had been an interested and very constant attendant on its meetings, an active worker, and a valued counselor, serving on committees with efficiency and faithfulness, taking part in the discussions, and performing whatever duty fell to his lot promptly and thoroughly.  With always a friendly word to the younger men, a hearty greeting to his older comrades, and a kindly interest in all, he filled a place which few or us can ever hope to reach and which none of us need ever expect to pass.</p>
<p>&ldquo;His life and death were the embodiment of the thought so well expressed by Bryant:
<lb>

<hi rend="blockindent">&ldquo;So live that when thy summons come join
<lb>
The innumerable caravan which moves
<lb>
To that mysterious realm where each shall take
<lb>
His chamber in the silent halls of death,
<lb>
Thou go, not like the quarry slave at night,
<lb>
Scourged to his dungeon, but sustained and soothed
<lb>
By an unfaltering trust, approach thy grave
<lb>
Like one who wraps the drapery of his couch
<lb>
About him and lies down to pleasant dreams.&rdquo;

<superscript>13</superscript></hi></p>
<p>A suit for slander in Wayne County, reported in the 

<hi rend="italics">Peninsular Journal of Medicine,</hi>
 February, 1856, resulted in the assessment of three hundred dollars damages against the defendant who, it was alleged, had charged that the plaintiff, passing under the name of Dr. Rudolph, had caused the death of a woman in childbirth.  Comment of the editor upon this, made after review of the testimony, reveals &ldquo;the difficulty, if not the absolute impossibility of so constituting a jury as to secure to a physician in his professional capacity a trial by his peers.&rdquo;  As to the main figure in the case, the plaintiff &ldquo;is one of those hybrids, extruded from the architypical [

<hi rend="italics">sic</hi>
] standard of normal existences, which, without awaiting the period of natural development by the process of gestation, spring full grown into being, on the illicit conjunction of two bi-sexuous [

<hi rend="italics">sic</hi>
] hermaphrodites, as hydropathy and homeopathy.  The first known of him here was during the blighting influence of cholera, when he emerged from a wine and beer hall, a full length homeohydropath, making very good headway before a wet sheet, filled with a divine affairs, from the spirit of old Hahnemann.&rdquo;  &ldquo;The defendant is an honorable member of the profession, admired for his intelligence, respected for his social amenity and esteemed by his medical associates for the frankness and uprightness of his deportment.&rdquo;

<superscript>12</superscript></p>
<p>It will scarcely be contended in view of this, that anti-saloon activities have not resulted in some good to the profession.  No possibility of a similar emergence as that of Dr. Rudolph exists at the present time.  Slinking out or a blind-pig or speak-easy would nowadays be no passport to prestige.  The 

<pageinfo><controlpgno entity="i1995b124">124</controlpgno><printpgno>116</printpgno></pageinfo>anti-alcohol propaganda of Dr. N. S. Davis contained in the same journal seems, therefore, timely, and editor is in full agreement &ldquo;with most of the conclusions.&rdquo;

<superscript>12</superscript></p>
<p>&ldquo;Such have always been attorneys&apos; tactics in court,&rdquo; wrote Dr. Samuel P. Duffield, in 1870, in &ldquo;Medical Evidence.&rdquo;  &ldquo;Just in proportion as the testimony of the expert is of value, and has a bearing upon one or more other side of the case, and becomes lucid and forceful evidence, will the cross-examination be severe, confusing and vexatious; and when all other means have been tried to overthrow him and failed, the gentlemanly (?) advocate will make some uncourteous remark or sarcastic insinuation.&rdquo;

<superscript>17</superscript></p>
<p>Under the frequently trying circumstances connected with medico-legal affairs it is a source of satisfaction to reprint the following letter to Honorable J. G. Sutherland, Circuit Judge of Saginaw County:</p>
<p>Sir:</p>
<p>We, have the undersigned, physicians and surgeons of the Saginaw, believing that the legal relationship existing between members of our profession and their patrons are not sufficient well understood to save parties, not only from medical, but also from 

<hi rend="italics">legal</hi>
 empiricism, are of the opinion that the charge of the court to the jury in the recent case of Bernhard Hesse, Appellee 

<hi rend="italics">vs</hi>
 Charles Knippel, Appellant, if brought to the general notice, would serve a valuable purpose, not only in the prevention of vexatious and costly litigation, but also to preserve a better relation between patients and practitioners.
<lb>
(Signed)
<hsep>

<hi rend="smallcaps">J. H. Jerome,</hi>
<lb>

<hi rend="smallcaps">George A. Lathrop,</hi>
<lb>

<hi rend="smallcaps">C. B. Fraser,</hi>
<lb>

<hi rend="smallcaps">D. S. Hall,</hi>
<lb>

<hi rend="smallcaps">Benj. B. Ross,</hi>
<lb>

<hi rend="smallcaps">L. W. Bliss.</hi>

<superscript>4</superscript></p></div>
<div>
<head>A Will Case</head>
<p>Experiences as respondent to one habeas corpus process, in testimony given as to questions of fact, or as expert in mental cases, have not been eminently satisfactory to the writer, or such as to call forth exalted appreciation of legal procedure in its relation to the administration of so-called &ldquo;justice.&rdquo;  Two noteworthy exceptions to this, however, deserve comment.  Both occurred in &ldquo;lower&rdquo; courts&mdash;courts of equity are thus classed, I believe&mdash;and are of interest from more than one angle.</p>
<p>A very much demented patient was removed from a hospital in which he had been placed, mainly for custodial care and nursing attention, to his home.  While there he made a will.  His death occurring not long afterward, the will was contested by interested persons more or less remotely related.  He was a bachelor and left no legitimate dependents.</p>
<p>Very reluctantly, with another physician also familiar with the case, and resident of the hospital, I responded to a subp&aelig;na to give testimony as to the mental condition of the patient and presumable incompetency to make a will.  Such testimony was given, disclosing the fact that he was regarded entirely dependent upon others as far as physical needs were concerned, that he was incapable of conversation, and that it was doubtful whether he understood simple interrogations.  On the other hand, testimony was introduced to the effect that he understood the contents of the will and 

<pageinfo><controlpgno entity="i1995b125">125</controlpgno><printpgno>117</printpgno></pageinfo>that its provisions were made in accordance with his wishes.  That the latter statement was true is obvious, but that in his mental condition he could have expressed himself upon its provisions I gravely questioned then, and am still doubting.</p>
<p>Much to my satisfaction, notwithstanding that our medical testimony was completely disregarded, the will was sustained. This was just and fair.  The bulk, if not all of the estate, was bequeathed to a sometime, and still devoted, mistress, and to a son by her of his begetting.  This court-mill conducted by a judge famed for his common sense and flair for that which was reasonable and expedient, ground in this case with its usual efficiency.</p></div>
<div>
<head>Alleged Insanity</head>
<p>The second case, the outcome of which was in accordance with principles of justice and the public weal, also occurred in a probate court.</p>
<p>I was called to examine an alleged insane person whom I had known from boyhood and who, though living in another city, was sufficiently familiar with my career and the field of medical work in which I was engaged.  I told her I had been asked to investigate her condition and acquaint myself with it.  She was completely responsive, poured her delusional troubles into my ear and displayed to me the &ldquo;evidences&rdquo; (cutlery and other domestic implements which had been concealed as potentially dangerous) of persecution which she was undergoing.</p>
<p>I occupied the witness stand for hours&mdash;until the judge showed evidence of fatigue, and the stenographer made a gesture of impatience&mdash;and the cross-questioning droned on.  Questions were answered concerning my name, birthplace, acquaintance with the young woman, preparation for the work in which I was engaged, and the degree of success therein, what I had accomplished or thought I had accomplished, my sinister designs upon the one whose mental condition was the subject of determination&mdash;all very cynical and punctuated by significant shrugs of the shoulders and glances about the court room, indicating self-appreciation and glowing enthusiasm over the prospect of eventually exterminating the chirping canary in the witness cage.</p>
<p>&ldquo;You saw Miss&mdash;&mdash;?  &ldquo;Yes.&rdquo;  &ldquo;Examined her?&rdquo;  &ldquo;Yes.&rdquo;  &ldquo;She told you all this?&rdquo;  &ldquo;Yes.&rdquo;  &ldquo;How did she come to tell you?&rdquo;  &ldquo;Through questioning, or voluntarily.&rdquo;  &ldquo;She didn&apos;t know you were a spy, did she?&rdquo;  &ldquo;She knew me&mdash;we have been acquainted since boyhood and girlhood, and she knew the work I was doing.&rdquo;  &ldquo;But she didn&apos;t know you were a s&mdash;p&mdash;y&rdquo; (Because of the combustibility of paper, the fire and contempt here implied should not be reduced to words, were this possible.)  &ldquo;Your definition of spy is evidently different from my own.  I have never heard of a spy revealing his attentions in advance.&rdquo;</p>
<p>A grunt, a shrug, and the mill continued to grind.  Questions and answers all more or less futile and then something like this:</p>
<p>&ldquo;You run a sanitarium?&rdquo;  &ldquo;Yes.&rdquo;  &ldquo;What kind of cases do you 

<pageinfo><controlpgno entity="i1995b126">126</controlpgno><printpgno>118</printpgno></pageinfo>t&mdash;r&mdash;e&mdash;a&mdash;t?&rdquo;  Answered.  &ldquo;How much do you charge?&rdquo;  Answered.  &ldquo;How many patients are there?&rdquo;  &ldquo;Usually about fifty.&rdquo;  &ldquo;Does any patient ever leave there?&rdquo;  &ldquo;Our daily population changes constantly.  We treat three times as many as the average in the course of a year.&rdquo;  &ldquo;What becomes of &lsquo;em?&rdquo;  &ldquo;Some recover, some are improved, there is an occasional death, some remain for months or years.&rdquo;  &ldquo;You don&apos;t 

<hi rend="italics">cure</hi>
 anybody?  Do you?&rdquo;  &ldquo;Some get well and not a few, in my opinion, owe recovery to hospital care.&rdquo;  &ldquo;But you don&apos;t 

<hi rend="italics">cure</hi>
 anybody, do you?&rdquo;  &ldquo;That&apos;s a word I do not use.  It reminds me of hams and bacon.&rdquo;</p>
<p>Subsistence&mdash;and then a considerable wait while a devastating question is being formulated with the help of a homeopathic counselor.  The lengthy, if not luminous, interrogation is shot forth.  &ldquo;Will the stenographer please repeat the question?&rdquo;  I timidly ask.  He reads, and I shake my head.  He repeats the reading at my plaintive request and then, &ldquo;I can&apos;t answer.&rdquo;</p>
<p>
<hi rend="italics">&ldquo;Why can&apos;t you answer?&rdquo;</hi>
 is stormed out.  &ldquo;Because the question has no meaning whatever; no meaning to me and would have no meaning to any soul on earth who knew anything about the mind in health or disease.&rdquo;</p>
<p>Supper time near.  Court adjourned.  I was not recalled.  The young woman was adjudged insane.</p></div>
<div>
<head>An Aborted Suit</head>
<p>A somewhat amusing case in which nobody got into court because of an arrested movement in that direction was this:</p>
<p>Ten menstrual months almost to a day from the time a returned patient was removed for a visit, she gave birth in a state hospital to a child.  The patient&apos;s husband showed no disposition to co&ouml;perate in furnishing garments for the &ldquo;little stranger&rdquo; or to remove him to home&apos;s sacred precincts.  It was no surprise, therefore, to hear from an attorney that he would visit the hospital on a certain day.  I wired that I had an engagement out of town but would see him on the day following.  He came.</p>
<p>The usher announced, &ldquo;A gentleman has called and would like to see you.&rdquo;  &ldquo;Show him into the office.&rdquo; I replied.  He entered, apparently disconcerted to see three members of the medical staff besides myself and two stenographers with notebooks and pencils&mdash;all for the moment unoccupied and attentive.  I rose and cordially grasped his hand.  &ldquo;I would like to see you alone,&rdquo; he murmured.  To this I replied, &ldquo;These men are all in my confidence.  It is quite as if we were alone.  What is it you wish to talk about?&rdquo;</p>
<p>&ldquo;It&apos;s about the baby,&rdquo; he said.  &ldquo;Oh, yes, ad what about the baby?  Did you come to take him home?&rdquo;  &ldquo;No, you see my client&mdash;&mdash;.&rdquo;  &ldquo;Yes,&rdquo; I said, encouragingly, &ldquo;proceed.&rdquo;  &ldquo;You see my client comes of a good family &mdash;&mdash;his people, his brother are excellent citizens.&rdquo;  &ldquo;Yes, go on.&rdquo;  &ldquo;You see my client&apos;s family are well-to-do people.&rdquo;  &ldquo;No doubt,&rdquo; I replied, &ldquo;but what has that to do with the matter?&rdquo;  &ldquo;My client is&mdash;&mdash;&rdquo; &ldquo;Oh yes,&rdquo; I broke in, &ldquo;a d&mdash;&mdash;scoundrel, isn&apos;t he?  You will please inform him that clothes are 

<pageinfo><controlpgno entity="i1995b127">127</controlpgno><printpgno>119</printpgno></pageinfo>needed for the baby and that the baby should be removed from the hospital at once.&rdquo;</p>
<p>The light dawned.  He rose and essayed to leave, then turning back from the door, &ldquo;Oh by the way, I owe you twenty-five cents for telegraphing.&rdquo;  &ldquo;Not at all,&rdquo; I suavely answered.  &ldquo;I wired for my own convenience, purely.  The telegram was a legitimate hospital expense.&rdquo;  &ldquo;But I should like to pay it.&rdquo;  &ldquo;Oh, very well.  The amount may be placed to the patient&apos;s &lsquo;personal expense&rsquo; credit and used for baby clothes.&rdquo;</p>
<p>Those in the office resumed their wonted activities, tension was over and, in the language of a sometime patient, &ldquo;the wintry wind blew cold, and fast, and pleasant, and agreeable, and soft and nice.&rdquo;</p></div>
<div>
<head>The Physician as a Witness</head>
<p>The attempt was made and very unjustly to place upon a hospital the responsibility for fractured ribs, the date of the injury being determined by the appearance of callus upon the ribs of one whose remains had been disinterred and subjected to post-mortem examination about two weeks following death.</p>
<p>A physician presided at an official inquiry made by a state board of which he was a member.  Whatever motive may have animated him is not clear, but he pestered a witness called by the hospital in its defense&mdash;Dr. H. O. Walker&mdash;almost to the breaking point.  The questions were subtle and manifestly unfair, and the examination was unnecessarily continued beyond the time of departure of a train which the interrogator knew Dr. Walker was anxious to board in order to keep an engagement at home.</p>
<p>The attitude of the questioner greatly annoyed and angered Dr. Frank W. Brown of Detroit, a pathologist, and, like Walker, called by the hospital to combat the &ldquo;callus&rdquo; theory.  During a recess, the chairman and Frank met in a head-on collision.  &ldquo;What in &mdash;&mdash; do you mean, Doctor &mdash;&mdash; [name of the offender], by asking Walker all those stupid questions?  Nobody could answer them.  You couldn&apos;t answer them yourself.  You know you couldn&apos;t.  We&apos;re on to you &mdash;&mdash;; you&apos;d better look out.&rdquo;</p>
<p>It is perhaps unnecessary to add that when Frank himself took the stand he was treated with distinguished consideration.</p>
<p>&ldquo;W. J. Herdman read the following resolution upholding the management and the physicians of the Eastern Insane Asylum at Pontiac, for the purpose of restoring confidence in the minds of the laity, because of sensational accounts that have recently been published in the newspapers.  It was carried by nearly a unanimous vote&mdash;H. C. Wyman alone voting no.&rdquo;

<superscript>13</superscript>
  (Followed the resolutions.)</p></div>
<div>
<head>An Insane Criminal</head>
<p>The prosecuting attorney of one of the counties in northern Michigan requested the writer to investigate the condition of a prisoner charged with murder.  There was a widespread feeling of indignation against him, and in 

<pageinfo><controlpgno entity="i1995b128">128</controlpgno><printpgno>120</printpgno></pageinfo>case of trial, a change of venue or an extra jury panel would be inevitable, necessitating large expense.  On a bitter cold morning in midwinter, I alighted from the train and was carried a mile or more in a cutter.  After an inadequate breakfast at the local inn, the jail was visited and the prisoner examined.  There was room for no doubt whatever that he was the victim of paretic dementia.  Treatment at Traverse City State Hospital was advised and testimony given before the probate court.  His death occurred at the hospital less than two years later, an event which was predicted probable.</p>
<p>Two days, practically, were needed for this errand.  A modest bill of $50.00 was presented.  An allowance of $5.00 and ten cents per mile for travelling expenses was made.  The remainder of the bill was referred to the Board of Supervisors.  Was it allowed?  Your guess is correct.</p></div>
<div>
<head>Liberality of Boards of Supervisors</head>
<p>The circuit judge of Genesee County 

<hi rend="italics">ordered</hi>
 another physician and myself to examine a boy charged with piling obstructions upon a railroad track.  The duty was conscientiously performed.  Visits were made to the parochial school at which he had been a pupil, and his teachers were interviewed, the parents and others were questioned, the jailers interrogated, the boy carefully examined.  Hours during several days were consumed in this, and an elaborate, written report was submitted.</p>
<p>My bill for fifty dollars was allowed by the Board of Supervisors at ten dollars.  On notice of this I wrote that I refused the pusillanimous compensation and directed that the amount be placed in the poor fund to purchase tobacco for the inmates of the County Infirmary who had found difficulty in obtaining this luxury.  My request was respected.</p>
<p>At that time there was no appeal from the decision of the Board of Supervisors&mdash;a lamentably unjust provision rectified in the later revision of the constitution.</p></div>
<div>
<head>Habeas Corpus</head>
<p>I have had to appear in but one habeas corpus case.  Here the 

<hi rend="italics">n</hi>
th degree in legal technicalities was reached by aspiring counsel.</p>
<p>When summoned, I was greatly surprised and sought at once the attorney initiating the process and laid my cards frankly on the table before him.  I told him the patient had several times been adjudged insane, was under conservatorship in another state, that her case had been passed upon by the local probate court, that she had been for years, and continued to be, &ldquo;very insane.&rdquo;  When he questioned that opinion, as he immediately did, I said, among other things, &ldquo;Do you think, even were I utterly self-seeking and sordid, that there is any inducement on earth, besides my sense of duty and obligation, which would influence me to keep in a crowded hospital a patient in the last stages of tuberculosis who, through the habit of expectorating, is a menace to the lives of others?&rdquo;  I thought this would be convincing, but it made no apparent impression.</p>
<p>The hearing was staged.  I had always theretofore supposed that, 

<pageinfo><controlpgno entity="i1995b129">129</controlpgno><printpgno>121</printpgno></pageinfo>sponding to a writ of this sort, one was expected to reveal why the &ldquo;body&rdquo; was held, but this was not permitted.</p>
<p>The court order and certificates were read, and upon one of them hangs a microscopically tiny and preposterous technicality hereafter mentioned.  The law governing the case reads in substance as follows:
<lb>

<hi rend="blockindent">No person shall be admitted or held in any institution, public or private or in any hospital, home or retreat for the care and treatment of the insane except&mdash;[upon certain conditions specified].  The person shall have the right to be present in court unless it shall be made to appear to the court through the certificate of the superintendent of such institution that his appearance there would be improper and unsafe.</hi></p>
<p>I was absent from home at the time of the probate hearing, but Dr. H. E. Clarke&apos;s certificate was tremendously strong.  He recited several cogent and convincing reasons why her appearing in court would be &ldquo;improper and unsafe,&rdquo; but did not use these words.  (As a matter of fact, she refused to appear, and it probably would have been necessary to convey her there by force.)</p>
<p>Observe the above expression &ldquo;made to appear to the court through the certificate of the superintendent.&rdquo;  Obviously the certificate made it thus to appear.  Evidence of this is plain in the granting of the order, but the judge hearing the habeas corpus case ruled that the certificate lacking the words &ldquo;improper and unsafe&rdquo; was invalid, and he released the patient from the hospital, which action was very much against the wish of her devoted nephew and conservator.</p>
<p>Immediately after the decision the judge said to me, &ldquo;Now make a legal application to the court [probate] for her re-commitment.&rdquo;  To this I replied, &ldquo;My responsibility in the case ceases.  They have made their bed and may lie on it.  I wash my hands of the whole matter.&rdquo;</p>
<p>I failed to discover any reason for entering into possibly prolonged, annoying and expensive litigation to achieve something not desired.</p>
<p>The patient, removed to surroundings more than inferior to those of the hospital, died within two or three weeks.</p>
<p>Piddling technicalities and hair-splitting, discredit legal procedure and should be deposited in the garbage can.  The intent of a law, though crude in construction, is, as a rule, plain enough and requires only fair-minded &ldquo;interpretation.&rdquo;  Statutes that are trifling, futile and contradictory should be repealed.</p></div>
<div>
<head>A Case of Suspected Poisoning</head>
<p>Concerning a case of suspected poisoning, the following is quoted from Dr. Vaughan&apos;s &ldquo;Memories,&rdquo; Page 292:</p>
<p>&ldquo;During the months that elapsed before the second trial, Doctor Kedzie and I severe busy in both the laboratory and the library.  We wished to make a demonstration of the post-mortem imbibition of arsenic that would convince all.  Dr. Kedzie tested the matter out on animals.  I took a human body, dead only a few hours, and on this carried out exactly the procedure claimed to have been practiced by Millard and this brother.  Having first demonstrated that the body did not contain any arsenic, a suspended a teaspoonful of white arsenic in a teacupful of water and made the 

<pageinfo><controlpgno entity="i1995b130">130</controlpgno><printpgno>122</printpgno></pageinfo>injections into the mouth and rectum and buried the body and finally tested every organ in it.  Arsenic was found in every tissue.  These results were published and later were confirmed by Witthaus of New York, Rees of Philadelphia, the American editor of the latest edition of Taylor, and others in this country and abroad.</p>
<p>&ldquo;Doctor Prescott watched the progress of my investigations and was as glad as I when the question, which we had interpreted differently through so many months, had been answered by scientific demonstration.  During this prolonged controversy Doctor Prescott remained my respected master and I his beloved student.  Our personal relations were never in the slightest degree disturbed.  I have often wondered if I should have been as honest about it as he was had the final verdict been different.  The second Millard trial was short.  There was no difference among the experts, and it ended in acquittal.  I am told that Millard still lives as a humble but law-abiding citizen.  Where he, aided by his brother, made an injection as they testified, I do not know.  The question asked me on the witness-stand assumed that they did.  My search among the old tomes in the library resulted in a real surprise&mdash;indeed quite a shock.  I found that the post-mortem imbibition of arsenic had been recognized and taught by the great French toxicologist, Orfila, many years ago, and that it had been practically demonstrated by an Irishman, Kidd by name, some years later.</p>
<p>&ldquo;This is not the only one of my scientific discoveries whose halo has been dissipated in a similar way, as I shall have occasion to relate elsewhere.  How many recent discoveries in science have a like ancient prototype I will not attempt to estimate.  That there is in the realm of knowledge &lsquo;nothing new under the sun&rsquo; may be too broad a generalization, but that many facts have been discovered, lost and afterwards found, is certain while the number of those lost and not yet found is uncertain.

<superscript>1</superscript></p></div>
<div>
<head>Murder Trials</head>
<p>Quoting further from Dr. Vaughan&apos;s &ldquo;Memories:&rdquo;</p>
<p>&ldquo;I watched the faces about me, and I began to realize that my testimony which I had not considered of importance was deciding the fate of the accused.  At this stage I allayed my fear and consoled myself by the thought that the cross-examination would relieve my direct testimony of the exaggerated significance being attached to it.  The chief attorney for the defense had more than a local reputation as a criminal lawyer and to him I confidently looked for relief.  It was with pleasure that I heard the prosecutor say:  &lsquo;Take the witness.&rsquo;  To my horror I was asked a few irrelevant questions:  then, &lsquo;That&apos;s all.&rsquo;  I sat rooted to the chair.  The defense repeated.  &lsquo;That&apos;s all.&rsquo;  The prosecutor said, &lsquo;That&apos;s all, Doctor.&rsquo;  Still I sat benumbed.  The judge leaned forward and gently said, &lsquo;Doctor, do you understand that they are through with you?&rsquo; Then my tongue was loosened and turning to the judge I said:  &lsquo;Your Honor, may I make a statement before I leave the stand?&rsquo;  Then I told of the examination of thirty other samples of paints sold in that county.  However, even this did not apparently interest the defense.  The prosecutor was, I suppose, justly furious but had no more questions.  Hughes was convicted, but served only a short time when he was pardoned.  I do not know how much weight was given to my testimony by either judge or jury.  Possibly it was not a determining factor in the verdict and that I magnified its effect.  Had it been a civil case involving only property loss, I would have kept silent, leaving the lawyer to protect his client as is his duty, but in a murder case I could not do so.  Whether my action lay within the legal limit allowed an expert witness I do not know.  What the judge, a most esteemed personal friend, thought of it, I never learned.  It certainly did not help Hughes in the verdict, though it may have done so in the pardon.  This is not the only time when, as a witness, I have thrown a helping line to the other side, generally more adroitly; sometimes it has been eagerly seized, while in other instances it has been wholly disregarded or thrown back with a snarl.&rdquo;</p>
<p>&ldquo;Several humorous incident,&rdquo; writes Dr. Vaughan (&ldquo;Memories,&rdquo; Page 287), &ldquo;occurred at the trial&rdquo; of Dr. Hall, of Holly, who was suspected of poisoning his wife:</p>
<p>&ldquo;The chief counsel for the prosecution, Judge Baldwin, and I were warm friends and our contest in this case did not lessen our friendship.  One day while we were lunching he remarked, &lsquo;I understand that you are to come on the witness stand this afternoon and I tell you now that I have a question that will leave you without a foot to stand on.  I will tell you now what it is, since I know that there, is but one answer to it.  The body of this woman was found in a sitting posture in the barrel 

<pageinfo><controlpgno entity="i1995b131">131</controlpgno><printpgno>123</printpgno></pageinfo>where it had been during the greater part of the time since her death.  Admitting that the undertaker did wipe her chest, abdomen and limbs with a towel soaked in an arsenic fluid, how could traces of the poison get to the brain?  How could arsenic violate the laws of gravity and go up instead of down?  I am going to ask you if you can mention a substance which thus violates the law of gravity?&rsquo;  I replied:  &lsquo;Langley is to precede me on the stand; knock him down with that question first and then I will take my turn.&rsquo;</p>
<p>&ldquo;I did not tell Langley of the misfortune which was to come to him.  The kerosene lamps lighting the courtroom were burning and Langley was on the stand.  I could see Judge Baldwin preparing to deal the blow.  It came.  Langley&apos;s quiet features were not perturbed as he promptly answered:  &lsquo;Yes, the kerosene goes up the wick.&rsquo;  I did not have to answer the question, and Doctor Hall was acquitted.  I entirely lost sight of Hall&apos;s guilt or innocence in the bigger question of the post-mortem imbibition of arsenic.  If not guilty, Hall was certainly insane; he may have been both.  It was known that he was a morphin addict and he died, a few years after his acquittal, in an insane asylum.  However, the Hall case did not finally and fully settle the question of the post-mortem imbibition of arsenic.&rdquo;</p>
<p>Johnston B. Kennedy, M.D. (1858-1927), &ldquo;son of Johnston and Annie (Little) Kennedy, was born near Brampton, Peel county, Ontario.  Obtaining a substantial education in the public schools and the Brampton grammar school, Dr. Kennedy entered Ontario College of Pharmacy in 1876, from which he was graduated in 1879, and in that year opened a drug store at Brampton, the firm taking the name of Bannister &amp; Kennedy.  The business was continued until 1881 when Dr. Kennedy sold his interest and entered Trinity College, Toronto, where he studied three years.  He removed to Boston, Massachusetts, remaining there a few months, and then came to Detroit, where he entered Detroit College of Medicine, completing his medical course and graduating in the spring of 1885.  Soon after entering private practice Dr. Kennedy was appointed surgeon for the Michigan Peninsular Car Company, retaining that position ever since.  In 1894 he was appointed county physician for a term of two years, performing excellent service and giving expert testimony in several celebrated murder trials; since that time he has frequently been called to give expert testimony in celebrated cases before the courts.  Dr. Kennedy is medical director for the Preferred Accident Association of Detroit; medical representative for the Employers&apos; Liability Assurance Corporation of London, England; director of the Home Building and Loan Association; director of the Brilliant City Brewing Company, of Findlay, Ohio; and president of the Wayne County Board of U. S. Pension Examining Surgeons.  He is a member and past master of Corinthian Lodge, F. &amp; A. M.; a member of Damascus Commandery, Knights Templar; and medical examiner for the A. O. U. W. June 3, 1885, he married Jessie Young of Vittoria, Ontario, and they have three children:  Charles S., William Y. and Frederick U.&rdquo;

<superscript>8</superscript></p></div>
<div>
<head>Ununited Fractures</head>
<p>A paper on the &ldquo;Legal Responsibility of Surgeons for Ununited Fractures&rdquo; read at the meeting of the State Medical Society in 1882, is interesting as a study of the constitutional conditions probably contributory to the causation of non-union of fractures as well as the temperamental states of 

<pageinfo><controlpgno entity="i1995b132">132</controlpgno><printpgno>124</printpgno></pageinfo>the ununited among the auditors of the incisive Dr. Foster Pratt, its author.</p>
<p>He stands not upon the order of plunging 

<hi rend="italics">in medias res.</hi></p>
<p>&ldquo;Damages to the amount of $2,700, and heavy costs of trial, were recently given in one of our circuit courts, by the verdict of a jury, against a doctor who treated a fractured humerus which did not unite.  Plaintiff&apos;s declaration charged, in substance, that the non-union was caused by the doctor&apos;s &lsquo;careless and negligent treatment.&rsquo;  He was not alleged to have been &ldquo;unqualified&rdquo; as a surgeon, but &lsquo;careless and negligent.&rsquo;  The alleged malpractice consisted in the kind of dressing used by the doctor defendant, and in his general management of the case.  These were pronounced, by Professor Maclean of the University, an expert witness in the case, to have been &lsquo;bad surgery,&rsquo; &lsquo;meddlesome surgery,&rdquo; and measures that did not &lsquo;give a good chance for union.&rsquo;  Upon expert opinion, of this general character, given by Dr. Maclean and others, the verdict was based.&rdquo;&mdash;&mdash;&mdash;&mdash;&mdash;</p>
<p>&ldquo;On May third, four months and thirteen days after the fracture, Burgert went to work in a paint shop at Three Rivers where he earned fair wages, for the work done, for three weeks.  He used the brush with his right hand and carried his paint pot in the left.  One morning, 

<hi rend="italics">about the last of may,</hi>
 while lying in bed, he discovered that his injured arm was not straight&mdash;or, rather that it would bend at the point of fracture.</p>
<p>&ldquo;June second, five and a half months after the injury, Burgert presented himself at Ann Arbor, was examined by Professor Maclean and exhibited by him to the class.  Dr. Maclean testified that he found the bones &lsquo;very freely movable at the seat of fracture&rsquo; and that there &lsquo;did not seem to have been any attempt at union.&rsquo;  The operation of resection was performed on Burgert, in the usual way, by Dr. Maclean, the ends of the bone having been sawed off and the arm placed in a plaster cast.  Burgert remained in the hospital at Ann Arbor, under Dr. Maclean&apos;s care, some four or five weeks, and when discharged 

<hi rend="italics">there was no bony union.</hi></p>
<p>&ldquo;The testimony given by Dr. Maclean, on the trial, as to the condition of the ends of the fractured bones when he cut down on them, is highly significant and important.  The ends of the bones, he says, &lsquo;were not very far apart,&rsquo; &lsquo;they were smaller than they ought to have been&rsquo; ... &lsquo;there seemed to have been some absorption of the bone ... &lsquo;

<hi rend="italics">each bone tapered to its end</hi>
&lsquo; ... and each end was covered with &lsquo;cartilage.&rsquo;  &lsquo;There was a small scar on the inside of the arm which looked as though the bone had stuck through some time or other.&rsquo;</p>
<p>&ldquo;It is true&mdash;fortunately for the doctor defendant&mdash;the verdict against him was set aside by the judge and a new trial was granted.  His Honor, Judge Pealer, in his opinion setting aside the verdict of the jury, ably points out the deficiencies of plaintiff&apos;s evidence from a legal standpoint, and with singular clearness, he also points out its deficiencies from the surgical standpoint.  Without attempting to quote the entire opinion, passages form it will be found to be wholesome reading.  He recapitulates certain facts as follows:</p>
<p>&ldquo;&lsquo;The freedom of plaintiff from all pain from the time defendant produced the extension and dressed the fracture on the second day until several weeks after defendant discharged the patient, ... the fact that at the time the arm was bared, measured, and compared with the other, in the presence of others, the non-union was not discovered by the surgeon, patient, or friends, and that several weeks after the defendant quit treating plaintiff, the plaintiff was taken with pain at one time, and that of this he says, &lsquo;that he had no positive recollection of hurting it,&rsquo; &lsquo;and the further fact, that he did not, until after this and after he had worked for some time in the manner stated by him, discover or learn that it was ununited.&rsquo;</p>
<p>&ldquo;&lsquo;But,&rsquo; he continues, &lsquo;the question to my mind in this cause is, was there sufficient evidence, in the case, to show that defendant&apos;s acts 

<hi rend="italics">caused</hi>
 the non-union?  And if so, were they acts for which defendant&apos;s is chargeable?  That the defendant was attentive and manifested great interest in the case, and kindness toward the plaintiff, there is no question.  There was no negligence, in the general sense, claimed, and it is not alleged that he lacked qualification.  His error, as alleged, if any, was one of judgment, it would seem.&rsquo;</p>
<p>&ldquo;&lsquo;I believe it was admitted by plaintiff&apos;s witnesses [possibly Maclean can be claimed as an exception] that removing the dressing would do no harm if care was used and the arm carefully handled; and no one testifies to any want of care in removing or placing the dressings, or that any evil results followed, at any time, in consequence, such as pain, etc., and defendant testifies he did use care.&rdquo;</p>
<p>He goes into the literature of the condition and sums up by quoting Dr. Frank Hamilton: 

<hi rend="italics">&ldquo;So often, indeed, does non-union occur after the most 

<pageinfo><controlpgno entity="i1995b133">133</controlpgno><printpgno>125</printpgno></pageinfo>regular treatment, that we should be cautious in ever attributing this state of things to any fault of the surgeon.&rdquo;</hi>

<superscript>13</superscript></p>
<p>The paper was fully discussed by Dr. Whelan, Dr. Cox, Dr. Breakey, Dr. Bennett and Dr. Tupper, after which &ldquo;Dr. Maclean said that he felt called upon to say something upon the subject.  He said that he felt strange in standing before this society to defend himself against what perhaps might be regarded as the accusation of encouraging suits for malpractice, a thing that he never did, and as regarded the answers to the hypothetical question put to him in the case referred to in Dr. Pratt&apos;s paper, he answered, as he believed, correctly, according to the facts and as he was bound to answer.  He said that he did not hold that surgeons should be held responsible for non-union of fractures, when properly treated, as there are various causes to prevent union aside from bad treatment.  He knew nothing of the treatment of Burgert, but if treated as indicated in the hypothetical question he had to say that it was bad.  He was not in when Dr. Pratt read his paper, and did not know as it made any accusation against him, but had heard before the paper was read that Dr. Pratt was going to &lsquo;vivisect&rsquo; him.</p>
<p>&ldquo;Dr. Pratt said that he had made no charges against Dr. Maclean.</p>
<p>&ldquo;Dr. Hitchcock remarked in regard to the rather positive opinion quoted in Dr. Pratt&apos;s paper, as given by Professor Maclean, as to the cause of the non-union of the fracture in this case, that it would seem that such an opinion should have been given quite guardedly, and have been modified in view of the failure of Professor Maclean to secure union of the bone after a skillful resection and careful treatment by all the appliances of the hospital.  He thought that the failure to secure union at Ann Arbor under the best of treatment should at least have raised the question as to the possibility of some constitutional defect in the man&apos;s organization, which might explain it, and also the possibility of there having existed the same defect in the man at the time of treatment for the original fracture.  What might be a sufficient reason for the last failure might possibly have been such for the first failure; so that an opinion given as to the reason of the failure might and should have been so modified as to give the accused man the benefit of the doubt, and the &lsquo;pathy&rsquo; of the accused man should not have forfeited the benefit of the doubt.&rdquo;

<superscript>13</superscript></p></div>
<div>
<head>The Professional Witness</head>
<p>Dr. J. G. R. Manwaring of Flint writes:</p>
<p>Dear Dr. Burr:</p>
<p>Your reminder came about five minutes ago.  I promised to give you some notes on Dr. &mdash;&mdash;, a professional witness.  If you can use any of them it will be all right.</p>
<p>Dr. &mdash;&mdash; was in the habit of lecturing, turning directly to the jury and talking at length in answer to any question.  Sometimes he would give a regular lecture in explanation and would bring in things very remotely related lecture to his subject.  He was impressive and it seemed to take well with the juries.  The judge was a old chum (Judge Wisner), and when the judge would interrupt him and request that he confine himself directly to the question, he would assure his honor with a smile that that 

<pageinfo><controlpgno entity="i1995b134">134</controlpgno><printpgno>126</printpgno></pageinfo>was exactly what he was doing, and go serenely on with his oration.  It became so they seldom tried to stop him.  It was said by some of the lawyers that he was a good man to make a case, so that if their client&apos;s position was weak, they were sure to employ him.</p>
<p>I remember two or three bits of his testimony.  At one time he was testifying regarding a knee injury and the word &ldquo;ligaments&rdquo; was used.  The witness was asked to explain to the jury what ligaments were.  The doctor turned to the jury and said about as follows:</p>
<p>&ldquo;I notice that most of you men are farmers or have been.  You probably have all dressed hogs.  Now you know after you cut the hog&apos;s throat you have to fix him so that you can hang him up.  You cut the back of his leg just above the foot and you pull out some very strong cords under which you push a stick.  Them&apos;s ligaments.&rdquo;</p>
<p>No one questioned the statement.  Of course, technically they were tendons and not ligaments at all.</p>
<p>In another case an old man was injured in an elevator accident.  He claimed that something hit against his abdomen and injured him so that he was unable to work afterwards.  The doctor testified in that case at the first trial, that the blow had torn a hole in his large bowel near the spleen, and that the blood the man had occasionally passed in his stools came from this opening.  When asked why the bowel contents did not leak out and give him peritonitis, he explained that it was fortunate that this injury was so near the spleen, for it had plugged the opening and no leakage occurred.</p>
<p>At the next trial three years later he testified to the fact that further observation had convinced him that the man had traumatic cancer of the colon, a frequent occurrence, and then he based his diagnosis on the history of injury and the history of passage of blood from the bowels.  The man had brought to him and other physicians pieces of blood-stained toilet paper.  The doctor further testified that he had examined the man carefully through a long tube introduced through the rectum into the colon and that he had used direct sunlight to illuminate the interior.  He said that he had made the examination in his office which was located in his home.  He also later testified that this office was on the north side of the house, and only had a north window.  When asked how he could use direct sunlight in such a location, he insisted it was easily done, he had had no trouble at all, that the sun shone directly through this window.</p>
<p>As a result of his testimony the man got one of the largest judgments ever given in our local court up to this time.  The man is living yet, and that was some time before the war, and Dr. &mdash;&mdash; is gone.</p>
<p>There is a further interesting thing in this particular trial.  The man was nearly seventy years old and twenty-eight years previously he had lost a leg in a railroad accident.  He had diseased eyelids, with ectropia, and was a pitiful looking figure.  He testified that he was unable to do any work, not even to carry a pail of water for his wife.  They showed by the testimony of neighbors that he did carry water frequently from a well nearby, and the he had, notwithstanding his artificial leg, climbed a ladder and repaired the roof of his house.  He had done other work also.</p>
<p>On cross examination the opposing attorney mixed him up very badly and had the man contradicting himself and lying like a gentleman.  His own attorney, who had much poorer eyesight than the man, saw no chance of straightening him out on re-examination, so he, instead, walked up to the witness chair and told the old man he must be terribly tired and he would help him to his seat, which he proceeded to do.  That little plea for sympathy no doubt influenced the jury far more than the rough cross examination give him by the opposing counsel.</p>
<p>The accomplished surgeon, scholar, bibliophile, expert in acquaintance with the historic and recondite, in addition to highly technical skill with which the compiler has convincing personal acquaintance, has, as the above indicates, a subtle and saving sense of humor.</p>
<p>&ldquo;We took occasion in our last,&rdquo; appears in a leader in the 

<hi rend="italics">Michigan Medical News,</hi>
 &ldquo;in referring to the Hayes-Maclean malpractice suit to express our satisfaction with the result&mdash;a disagreement of the jury.  ... The case 

<pageinfo><controlpgno entity="i1995b135">135</controlpgno><printpgno>127</printpgno></pageinfo>has been flooded with an issue of the 

<hi rend="italics">Ann Arbor Register,</hi>
 a secular journal in which the late case is reviewed and in which the experts called by the plaintiff are treated in a manner but poorly calculated to lead to amicable relations.  ... We cannot conceive what good was contemplated by the writer (whose ear-marks are unmistakable).  ... Failing to discover the 

<hi rend="italics">cui bono,</hi>
 we are forced to the conclusion that the gratification of a personal feeling was the incentive.&rdquo;</p>
<p>The leader writer knows there are &ldquo;among the gentleman&apos;s University colleagues those who deprecate with the full force of a well-bred nature these unseemly displays.&rdquo;</p>
<p>In a later leader, &ldquo;the unseemly criticisms in which the University penny whistle and its secular ally have seen fit to indulge&rdquo; are deeply deplored.

<superscript>10</superscript></p>
<p>Dr. J. L. Valade of Newport writes in &ldquo;Studies on Anatomy,&rdquo; &ldquo;Here is a sentence of death where the judge says that the guilty one shall be conducted from the prison to the place of execution and there shall be hanged by the neck until he is dead, and afterward the body shall be dissected and anatomized for the benefit of medical students.&rdquo;

<superscript>3</superscript></p>
<p>Jesse Pomeroy, recently (1928) released from prison after a &ldquo;life&rdquo; sentence, might have been useful to the students of &apos;76 instead of an expense and liability on society for fifty-two years.</p>
<p>
<hi rend="italics">&ldquo;He who is hanged is not corrected but others by him.&rdquo;</hi>
&mdash;

<hi rend="smallcaps">Montaigne.</hi></p>
<p>&ldquo;The estimate placed upon human life is too low,&rdquo; writes Dr. Connor in 1882, and, &ldquo;Again while it is admitted that Guiteau was in a sense insane, it by no means follows that he was not accountable and responsible for his acts.  ... It seems to us that the protection of society demands that Guiteau be hanged.  ... There are lots of persons as insane as Guiteau roaming our streets to whom the acquittal of Guiteau would be an encouragement to do as he has done.&rdquo;

<superscript>3</superscript></p>
<p>Yea, verily, wise words these, and worthy of their accomplished writer.</p>
<p>Dr. Mulheron wrote in 1885, &ldquo;With the interests of society (which are paramount to speculative scientific deductions) in view, this question must be answered in the negative, and extreme wickedness and reckless depravity must not be held as evidence of such mental unsoundness as relieves the unfortunate individual from responsibility for his acts.  Any other view favors the gross abuse of the plea of insanity.&rdquo;

<superscript>9</superscript></p>
<p>Wise words these, also, apropos the Garfield murder by Guiteau: &ldquo;With but these two alternatives before him, viz., the extreme penalty of the law, or a life-imprisonment in a criminal lunatic asylum, we apprehend the person with murder in his thought would be less likely, than under the existing chances of escape, to destroy human life.  ... The feasibility of regulating the penalty by the degree of responsibility may be questioned, but undoubtedly the tendency of legislation and medico-legal thought should be in this direction.&rdquo;

<superscript>10</superscript></p>
<p>What a vain hope expressed by the 

<hi rend="italics">Michigan Medical News,</hi>
 of which 

<pageinfo><controlpgno entity="i1995b136">136</controlpgno><printpgno>128</printpgno></pageinfo>the erudite editor was Dr. J. J. Mulheron, &ldquo;But great as the sacrifice has been, if the death of James A. Garfield shall prove to have resulted in the shattering of the plea of insanity, on which justice has so often of late years been cheated of its desserts, it will scarcely have been too costly.&rdquo;</p>
<p>&ldquo;Shattering,&rdquo; indeed.  Who wrote &ldquo;Truth crushed to earth shall rise again,&rdquo; and &ldquo;While 

<hi rend="italics">Error</hi>
 wounded writhes in pain&rdquo;?  And wasn&apos;t he tangled as to the resurrected subject?</p>
<p>&ldquo;There may be a time in the future,&rdquo; writes Dr. Mulheron concerning the alleged insanity of Guiteau, &ldquo;when alienist will be able to draw the line between crime and insanity, but until that time comes, we shall advocate the belief that the individual who can discriminate between right and wrong, and who can deliberately plan a crime and prepare a way for escape from the penalty which attaches to it, should be held to strict legal accountability.&rdquo;

<superscript>10</superscript></p>
<p>Notwithstanding pseudo-philanthropic prattle and legal jugglery, that time has not arrived.  Society, to be saved from fragmentation, must play safe with gory criminals and (theoretic) sadistic detectives.  This is the deliberate opinion of the writer, a sometime so-called &ldquo;psychiatrist.&rdquo;</p>
<p>Expert testimony has always had a hard time getting itself endorsed by the medical profession.  This is as true of the &lsquo;eighties as of these degenerate&mdash; or &ldquo;progressive,&rdquo; as please&mdash;days.  Mulheron&apos;s editorial on the subject reveals that &ldquo;there are too few general practitioners with sufficient moral courage to say they &lsquo;don&apos;t know.&rsquo;&rdquo;  He has &ldquo;heard the recent graduate of a two-term school give 

<hi rend="italics">ex cathedra</hi>
 opinions from the witness stand on the question of the sanity of a decedent which would have turned a Tuke or Maudsley green with envy.&rdquo;

<superscript>10</superscript></p>
<p>However, like his fellow men, the doctor is &ldquo;human&rdquo; and &ldquo;as a general rule is entrapped into the anomalous position which he occupies on the stand as an expert.&rdquo;</p>
<p>Who entraps him?  The attorney, who by a &ldquo;delicate 

<hi rend="italics">morceau</hi>
 of flattery prepares the way.&rdquo;</p>
<p>To intelligent readers like those to whom this history appeals, it is unnecessary to point the moral of the above.</p>
<p>Idealistic, but regrettably unattainable, is the necessity pointed out by Dr. Mulheron, &ldquo;that there should be an absence of prejudice against either party in the suit.&rdquo;

<superscript>10</superscript></p>
<p>This occurs in an editorial review of an action brought &ldquo;some weeks ago&rdquo; against Professor Donald Maclean &ldquo;to recover a fee for an operation&rdquo; on the grounds that it had been &ldquo;ill-advised,&rdquo; etc., etc.</p>
<p>It is highly probable that strict impartiality is never present among witnesses in any important matter.  Nor can jurists escape a slant based upon momentary impressions of testimony, or previous acquaintance with one or other party to any suit at law.  A near approach to sublime &ldquo;justice&rdquo; is the best attainable goal, and &ldquo;neutrality&rdquo; will in vain be looked for, during the progress of war, a law-suit, a neighborhood quarrel or a dog-fight, so long 

<pageinfo><controlpgno entity="i1995b137">137</controlpgno><printpgno>129</printpgno></pageinfo>as susceptibility to impressions in lively.  Judgments may shift from day to day in response to emotional reactions.  These cannot be stilled, and, conscious of swaying therethrough, the dispenser of justice 

<hi rend="italics">may</hi>
 bend over backward in resistance.</p>
<p>The following letter addressed to a local roentgenologist was received by the Wayne County Medical Society:</p>
<p>December 27, 1928.</p>
<p>Gentleman:</p>
<p>I am enclosing herewith my checks for $10.00 to cover x-ray plates taken preliminary to a tonsilectomy on my son.  These plates were ordered at the instance of Mrs. Cohen and myself, prior to the operation, because of our knowledge of the claim made by surgeons that when an anesthetic is administered to a subject having a persistent thymus gland, death is almost sure to follow.</p>
<p>The outstanding and favorite defense by doctors in cases of &ldquo;Anesthetic Deaths&rdquo; has been the mysterious thymus gland.  the profession admits knowing very little about the thymus gland, what function it performs, when it atrophies.  Yet it has always been the scapegoat in concealing some grievous mistake of judgment.</p>
<p>It therefore follows that if death his so sure to result from a persistent thymus gland when an anesthetic is administered, it certainly is negligence on the part of the surgeon who does not order x-rays in any case where there has been any history or suspicion of an abnormal thymus, gland.</p>
<p>In view of the frequency with which the &ldquo;Thymic Death&rdquo; theory if used as a defense, it should no longer be permissible for the surgeon to hide behind it.</p>
<p>In questioning several surgeons why this precaution was not taken where there was any suspicion of a persistent thymus gland, the uniform answer has been that &ldquo;most people would not stand for the extra $5.00 or $10.00 for plates.&rdquo;</p>
<p>This matter should be called to the attention of your profession through its local spokesman, the Wayne County Medical Association.  If you have any hesitancy in doing so, or feel that it would be indelicate on your part, I would be very glad to do so.</p>
<p>I call this to your attention and to the attention of your profession as a matter of professional courtesy, and I am sure that if the foregoing suggestion is followed, that much good will result.
<lb>
Yours very truly,
<lb>

<hi rend="smallcaps">Harry Cohen.</hi></p>
<p>The answer:</p>
<p>December 28, 1928.</p>
<p>My Dear Mr. Cohen:</p>
<p>I beg to acknowledge receipt of copy of letter addressed to your roentgenologist discussing persistent thymus from a legal angle.</p>
<p>The information contained in your letter of course is not new.  As a matter of fact, your statement that very little is known about the thymus covers the subject fairly well from a medical angle.  As far as using the presence of a persistent thymus as an excuse for an anesthetic death, such a statement requires support by autopsy.  Anesthetic deaths are comparatively rare from all causes and the profession is by no means agreed that persistent thymus necessarily must cause death during anesthesia.  It is my impression that your opinion is based by some misinformation and perhaps contact either directly or indirectly with a few cases, the nature of which you cite.  You must remember that we usually have our defense worked up through attorneys, yet such defense, though used, is not necessarily to be taken as the gospel truth.</p>
<p>This is an interesting subject, Mr. Cohen, and a debatable one and in no sense have I attempted to categorically deny the truth of your statements.  We are most appreciative of the interest which has prompted you to write the letter and assure you that it will prompt a full exposition of 

<pageinfo><controlpgno entity="i1995b138">138</controlpgno><printpgno>130</printpgno></pageinfo>the subject from its several angles in our Bulletin, a copy of which I hope to send you.</p>
<p>I am,
<lb>
Most sincerely yours,
<lb>

<hi rend="smallcaps">E. G. Martin,</hi>
 

<hi rend="italics">President,</hi>
<lb>
Wayne County Medical Society.

<superscript>2</superscript></p>
<p>Question (by defendant&apos;s counsel):  &ldquo;If the leg of a healthy man in middle age should be bandaged not immoderately tight, and the bandage left on as long as in the case 

<hi rend="italics">hypothecated,</hi>
<anchor id="n138-01">&dagger;</anchor>
 what would be the probable effect on the limb?&rdquo;</p>
<note anchor.ids="n138-01" place="bottom">&dagger; Italics are the reviewer&apos;s.</note>
<p>Answer:  &ldquo;The leg would swell, the bandage being left on would strangulate or impede the circulation.&rdquo;

<superscript>3</superscript></p>
<p>To the reader:  Would you answer the question as did the witness?  Would you answer it otherwise, or would you refer it to your banker?</p>
<p>Dr. Cox of Battle Creek in discussing &ldquo;Our Relations says, &ldquo;Lawyers are always anxious to secure the services of medical witnesses, and their interests are antagonistical to ours. ... Their influence would be abridged if the public had to pay the great number of medical experts they sometimes keep around the court, for if we had our just dues the courts would see that fewer experts were employed.&rdquo;

<superscript>3</superscript></p>
<p>&ldquo;A medical witness is reported to have testified before a coroner&apos;s jury in a Michigan town, that in his opinion the deceased was not conscious of his death.&rdquo;

<superscript>9</superscript></p></div>
<div>
<head>References</head>
<list type="ordered">
<item>
<p>1.  &ldquo;A Doctor&apos;s Memories,&rdquo; Vaughan.  Bobbs-Merrill Co.</p></item>
<item>
<p>2.  Bulletin Wayne County Medical Society.</p></item>
<item>
<p>3.  Detroit Lancet.</p></item>
<item>
<p>4.  Detroit Review of Medicine and Pharmacy.</p></item>
<item>
<p>5.  History of Allegan and Barry Counties.</p></item>
<item>
<p>6.  History of Kalamazoo County.</p></item>
<item>
<p>7.  Journal Michigan State Medical Society.</p></item>
<item>
<p>8.  Landmarks of Wayne County and Detroit.  Ross &amp; Catlin.</p></item>
<item>
<p>9.  Medical Age.</p></item>
<item>
<p>10.  Michigan Medical News.</p></item>
<item>
<p>11.  Michigan Pioneer and Historical Collections.</p></item>
<item>
<p>12.  Peninsular Journal of Medicine.</p></item>
<item>
<p>13.  Transactions Michigan State Medical Society.</p></item></list></div></div></div>

<pageinfo><controlpgno entity="i1995b139">139</controlpgno><printpgno></printpgno></pageinfo><div>
<head>Chapter III
<lb>
Medical Defense</head>

<pageinfo><controlpgno entity="i1995b140">140</controlpgno><printpgno></printpgno></pageinfo><p>
<hi rend="italics">&ldquo;Fear God and take your own part.&rdquo;</hi>
<lb>
&mdash;

<hi rend="smallcaps">Roosevelt.</hi></p>

<pageinfo><controlpgno entity="i1995b141">141</controlpgno><printpgno>133</printpgno></pageinfo><div>
<head>CHAPTER III
<lb>
Medical Defense
<lb>
By Frank Burr Tibbals, M.D., Detroit, Michigan</head>
<p>
<hi rend="other">On a stormy</hi>
 winter day about twenty-five years ago, I was called to see a former patient and found her critically ill.  The history, symptoms and clinical evidence made the diagnosis unmistakable.  She had a pelvic peritonitis, with an abscess pointing in the vaginal cul-de-sac, resultant from the rupture of a tubal pregnancy some weeks before.  I sent her in to Harper Hospital, opened the cul-de-sac, and drained a large quantity of broken down blood and pus.  The ruptured tube, with its ovary, floated down also, so I ligated at the base and removed them.  She did well for a day or two, then developed a general peritonitis.  When it became evident that she could not recover, I asked the hall supervisor to tell the husband that the outlook was bad.  He at once sought the &ldquo;Cup that Cheers&rdquo; and reasoned that another doctor could save her, since I could not.  He found one who came to see her for a day or two, without my knowledge, then got the husband to order her removal to Grace Hospital, where she died the next day.  He then made an autopsy.</p>
<p>The only knowledge I had of all this, was regarding the removal of the patient from Harper Hospital.  I was foolish enough to try to collect $100.00 for my services.</p>
<p>We had two jury trials in justice court, each lasting two days.  All through both trials, Dr. &ldquo;Wildcat&rdquo; was present, coaching the opposing attorney.  He testified that he had never diagnosed or treated a case of tubal pregnancy but had seen two operations, both through the abdomen; therefore, my treatment for the condition present was improper.  He also testified that semen was a &ldquo;liquid fluid.&rdquo;  The jury disagreed the first time.</p>
<p>At the second trial, the jury unanimously answered &ldquo;yes,&rdquo; in writing, to the three questions asked them by the judge:  &ldquo;Do you find Dr. Tibbals&apos; diagnosis correct, his treatment proper and his fee reasonable?&rdquo; and I had my verdict for $100,00 plus interest, though I never collected a nickel of it.</p>
<p>The next development was a malpractice suit for $25,000 against me in which I had to defend myself, although I had paid three premiums of $20.00 each to the insurance company.  The Statute of Limitations was then three years, and the cause of action arose a few weeks before I took the insurance policy.</p>
<p>In preparing my defense, I sent a mutual friend to Dr. &ldquo;Wildcat&rdquo; to 

<pageinfo><controlpgno entity="i1995b142">142</controlpgno><printpgno>134</printpgno></pageinfo>ask why he was fighting me, and learned that he was paying off a grudge because I cared for a patient who discharged him.  My medical friend pointed out to him that he was not only fighting me, but the entire medical profession of Detroit, and thus depriving himself of all professional support should he himself be used.  This argument so impressed him that he sent word to me that he would testify for me at the trial.</p>
<p>The case was thrown out of court without trial on the principle of 

<hi rend="italics">res adjudicata,</hi>
 for every Supreme Court which has passed on the matter has decided that a doctor cannot be tried 

<hi rend="italics">twice</hi>
 for malpractice, and my jury trial against a defense of malpractice closed the matter.</p>
<p>Dear readers, you have now witnessed the conception of the Medico-Legal Committee of the Michigan State Medical Society, a real uterine implantation, however, which eventuated in a lusty offspring in which the accoucheur takes just pride.</p>
<p>It hurt me to write a check for the very reasonable fee of my attorney because I had thought myself insured against any such expense.  It set me thinking that if one must carry an insurance policy over three years to be protected against suit by an adult, and for almost twenty-four years to be protected against for services rendered an infant, certainly some supplementary protection was needed.  After talking the matter over with many Detroit physicians as I happened to meet them, we organized the Defense League of the Wayne County Medical Society, and one hundred of us paid in $5.00 each, the first year, one hundred and twenty-five of us the second year, one hundred and fifty the third year, with subsequent increase in numbers until we became financially so strong that during Dr. J. H. Carstens&apos; presidency of the Wayne County Medical County Society, we made it an integral part of the society with $1.50 paid the league from the annual dues of each member.</p>
<p>By this organization we accomplished two things:  (1) We protected a man when he needed it, as often his insurance policy did not; (2) we made the profession individuality interested in the menace of malpractice suits and in the defense of any doctor sued.  The result was an awakened professional conscience plus a new-born self-interest which kept doctors from testifying against other doctors, hence made defense much easier.  There were no successful suits during this period and when this organization was succeeded by a similar one, covering the entire state, we turned over to the Wayne County Medical Society nearly $2,000.00.</p>
<p>Our first attorney was Samuel T. Douglas, and his firm has continued to represent the State Medical Society.  An experience of approximately twenty-five years in this kind of litigation makes them unusually competent and resourceful.</p>
<p>At the 1909 meeting of the State Medical Society, the House of Delegates considered and adopted a carefully drawn plan for making medical defense a part of the work of the society.  Other state societies were already working in this field, notably New York and Illinois, and many other 

<pageinfo><controlpgno entity="i1995b143">143</controlpgno><printpgno>135</printpgno></pageinfo>states have since taken up the work.  The Michigan plan differed from all others in that it provided full defense for every member in good standing, placed the executive control in the hands of an executive board of five, with the chairman as executive officer drawing a small salary, this executive board being appointed by the Council and controlled by them rather than by the House of Delegates.  The reason for this arrangement was that the Council is a semi-permanent board of directors not likely to be influenced by petty politics such as may sway an unstable changing body like the House of Delegates.</p>
<p>The rest of the Medico-Legal Committee consists of one member from each county society, annually elected by his society.  This gives the Executive Board a representative in each constituent society who may be taught some of the fundamentals of medical defense and called upon to aid in ascertaining the facts and framing of defense of any member of his society in trouble.  This feature has proved of great value and two men, Dr. J. A. McBride of Kent County and Dr. E. C. Taylor of Jackson County, have rendered invaluable aid since the inception of the work.  The adopted plan was first made optional by counties, and a year later made obligatory, as each county society had voted for it.  The only real opposition was in Jackson County, where a couple of young men got the idea that the profession might deprive the dear people of their inherent right to make trouble, by organizing to protect itself.</p>
<p>These agitators made much noise and, having access to one of the two Jackson papers, spread their ideas broadcast among the laity.  Nevertheless the plan was adopted by Jackson County by a vote of about 25 to 1.  It was a singular fact that the only suit defended in Jackson County during the first ten years was against one of the agitators.  He had no hesitancy in asking our assistance, and we took much pleasure in demonstrating our indifference to the &ldquo;rights of the dear people&rdquo; by successfully defending him.</p>
<p>A much debated point at the beginning of our work was, who shall be entitled to defense?  It was suggested that no man guilty of malpractice should be protected by the profession, hence he should first be tried by a committee of medical men and on their decision be defended or refused defense.  Aside from the fact that in some communities it might in some cases have been difficult to obtain an impartial committee, the injustice lies in the fact that the condemnation would most certainly become known and deprive him of what rights he might otherwise have in court.</p>
<p>This point is well illustrated by a case in Northern Michigan.  In this community there existed two rival medical and surgical camps.  The king of one camp had the only X-ray machine in the community, and one Sunday he got his technician to open the office and ray the fractured hip of a stout woman.  This picture proving unsatisfactory, she was rayed again the following day.  Very extensive and severe burns resulted which apparently caused her death.</p>
<p>The technician told me that she did not protect the adjacent parts and 

<pageinfo><controlpgno entity="i1995b144">144</controlpgno><printpgno>136</printpgno></pageinfo>that the exposure time was one-half hour the first day and somewhat longer the second day.  I wrote the manufacturers of the X-ray machine, who replied that they could suggest no defense for such a gross misuse of their apparatus.  I talked with Dr. Hickey and other local radiographers and none of them could suggest any possible defense.  I then wrote the doctor that since neither the maker nor other users of his machine could see any defense for him, he would be wise to let his insurance company settle the case without trial.  He replied that he &ldquo;would be damned&rdquo; if he would, that they &ldquo;couldn&apos;t get a jury in that county to convict&rdquo; him, and he proved to be right.</p>
<p>Although the Medico-Legal Committee took no part in the doctor&apos;s court defense, it materially aided his acquittal for I wrote the king of the other camp, who was councillor from that district, that an adverse verdict in an X-ray case would be a calamity to every man in the state using a machine, and here&apos;s what happened.</p>
<p>He and two of his friends had made the autopsy on this woman.  They testified to the extensive burns, but when asked as to the cause of death, had no opinion whatsoever, inasmuch as none of them had seen her during life.</p>
<p>There being no proof that the burns caused death, a friendly jury brought in a verdict &ldquo;no cause for action.&rdquo;</p>
<p>This is the one case in my twenty years as chairman of the Medico-Legal Committee which seems to have been 

<hi rend="italics">malpractice.</hi>
  But let us analyze it.  The doctor himself did not do this:  it was his office girl.  Doubtless he thought he had sufficiently instructed her in technic and dangers.  Was he to blame for what she did on her own responsibility?  Legally, yes, she was his agent, but morally&mdash;I have my doubts.  The surgeon is legally responsible for the sponge count, the needle count, the instrument count, the hotwater bag applied by the nurse, the hypodermic given by her, and many other things which cannot occur under his personal observation.  This is law, but not, I think, justice.</p>
<p>Hence, I am pleased at the outcome of the above case, both for the sake of the defendant and for the sake of the other X-ray men of the state.  These men run some personal hazard for there have been many radiographers crippled by the rays&mdash;hence, it may be assumed that practically every man using the ray is familiar with the danger thereof, and uses due caution in protecting the patient.  Nevertheless, burns occur not infrequently, due, I believe, to an idiosyncrasy of the patient.</p>
<p>The X-ray is too dangerous for a plaything, and no man should install it in his office until he has thoroughly learned its dangers and its careful technic.  He who cannot show all safety precautions and a standard technic has trouble coming.  The ray is so invaluable in the diagnosis of suspected fractures that it should be used in all injury cases where fracture is possible, and some day the Michigan Supreme Court is likely to make this obligatory.  We passed up an opportunity this year [1929] to obtain such 

<pageinfo><controlpgno entity="i1995b145">145</controlpgno><printpgno>137</printpgno></pageinfo>a ruling by refusing to appeal a verdict of $900.00 in a Colles&apos; fracture, where the case went to the jury, solely on the testimony of two doctors that the defendant did not have an X-ray take, hence was negligent.  Was he?  Well, these two doctors thought so.</p>
<p>Two other cases tried this year have involved the same thing.  In one, no X-ray was taken for ten days, though suggested early.  There was loss of function attributed to a ruptured annular ligament.  If this is so, no X-ray would have shown it, nor any treatment corrected it.  But the delay in X-ray diagnosis gave credence to the claim of negligence, and our attorney, Mr. Barbour, thought it wise to have the insurance company pay $750.00 and not let the case go to a jury.</p>
<p>The third case was of a large hematoma of the elbow, treated for ten days or so without a radiograph or immobilization.  The doctor first wrote that he told me patient he could have an X-ray if he wanted to pay $10.00 for it.  He later wrote that he had ordered an X-ray before the patient left him and that his office girl could prove it, but that she was in Arizona.  &ldquo;Get her,&rdquo; said I, &ldquo;or you&apos;re stung.&rdquo;  &ldquo;I can&apos;t,&rdquo; said he.  &ldquo;We quarrelled.&rdquo;  &ldquo;kiss and make up or you&apos;re stung,&rdquo; said I.  A deposition from her at the trial triumphantly acquitted him.</p>
<p>The fact that we have defended three cases in one year, based on failure to have an X-ray taken, shows how frequent this alleged negligence must be; also the attitude of the layman regarding it.  Years ago we could fall back on the law requiring each doctor to display the average degree of knowledge and skill prevailing in the community in which he lived.  Then we could put the rest of the country doctors on to testify that an X-ray was not the custom in that community.  One of our early cases involved just this point and had this way out if used.  It occurred before we had adopted the policy of sending our attorney, Mr. Barbour, to every trial.</p>
<p>We had a country doctor to defend for a fracture of forearm treated without an X-ray with unsatisfactory anatomical result.  An X-ray man from an adjacent city was present, showed his pictures and said that he though any doctor negligent who did not have a radiograph in every fracture case.  We had retained supposedly the best attorney in Western Michigan.  He needed no legal advice or assistance, he said.  He was so upset by the damaging testimony of the X-ray expert that he went after him &ldquo;with hammer and tongs.&rdquo;  &ldquo;Do you mean to say,&rdquo; thundered he, and waving the splints used, &ldquo;that this broken arm wasn&apos;t properly treated by these splints?&rdquo;  &ldquo;If those are the splints,&rdquo; replied the expert, &ldquo;they are too short.&rdquo;  The balloon had gone up, and the Supreme Court refused to reserve the $3,000.00 verdict.</p>
<p>Had Mr. Barbour tried that case I am sure he would have treated the expert with entire courtesy, hurried him from the stand to catch an early train for home, then put on the other doctors of that vicinity to testify that &ldquo;that was a fine line of &lsquo;bull&rsquo; from a city expert, making a living from the X-ray&mdash;but it was not the custom in that county.&rdquo;  Since then Mr. Barbour 

<pageinfo><controlpgno entity="i1995b146">146</controlpgno><printpgno>138</printpgno></pageinfo>has tried every one of our state cases.  He is learned in the law, tactful with witnesses, diplomatic in his contacts with the medical profession, and gentle with the knockout when he has his men groggy.</p>
<p>A doctor was sued seven years after a boy received fatal injuries in a fall from a cherry tree.  He had driven 8 or 10 miles into the woods, given the boy some chloroform on a napkin, and reduced and splinted a fractured femur.  Death some twelve hours later was clearly due to injury and not to chloroform.  Nevertheless, the attorney for the plaintiff found two doctors willing to testify that the only proper way to administer chloroform was on an Esmarch mask.</p>
<p>The Judge, jury, attorneys, witnesses and friendly doctors lived for some days at a little country hotel, and some of the doctors tipped Mr.  Barbour off to the medical witnesses for the plaintiff.</p>
<p>The night before the day of their testimony he said to them, &ldquo;If you fellow haven&apos;t got your money for what you are going to do tomorrow, better get it, for we are going to win and them you won&apos;t get paid.&rdquo;  This seemed disinterested advice, and they took it, demanded their fee and got it.</p>
<p>After his testimony Mr. Barbour asked each one, &ldquo;Are you getting paid for this?&rdquo; and made each one show his check to the jury.  A verdict of &ldquo;no cause for action&rdquo; soon followed.</p>
<p>These venal medica; experts for the plaintiff have since become rather rare.  An &ldquo;all-wise Providence&rdquo; has removed one or two who were once active around Saginaw, Bay City and the Thumb,
<anchor id="n146-01">&dagger;</anchor>
 leaving a long felt want in the legal profession, and with their passing has come pease and contentment to the medical profession in that vicinity.  I can forgive the doctor who honestly believes a case has been improperly treated, but have no respect for him who is influenced by a prospective fee to publicly condemn a co-worker.</p>
<note anchor.ids="n146-01" place="bottom">&dagger; See map of Michigan.</note>
<p>Without a medical expert for the plaintiff, no malpractice case can reach a jury.  How clearly, then, is the solution of this menace in the hands of the medical profession.  Any doctor can be subpenaed as a witness for the plaintiff on questions of fact, but there is no law to compel him to testify as an expert.</p>
<p>There are honest differences of opinion and a friendly witness is sometimes tricked into giving his opinion in a way that is damaging to the defendant doctor.</p>
<p>The viewpoint of the Medico-Legal Committee is that guilt in civil malpractice is a matter for the courts to decide, and that each defendant is innocent until legally proven guilty.</p>
<p>An unbiased medical consideration of all the circumstances and the facts generally leads to the conclusion that the defendant should not be held legally responsible for an untoward result.  Let each man think over his own cases, in many of which he has not gotten the results he hoped for, but in few of which will he confess himself blameworthy, and he will be charitable 

<pageinfo><controlpgno entity="i1995b147">147</controlpgno><printpgno>139</printpgno></pageinfo>in his attitude toward the alleged shortcomings of others.  When all of us have made this thoughtful introspection there will be no medical expert witness for the plaintiff in Michigan malpractice suits.  The expert from the home community is the one who impresses the jury far more than the man brought in from outside, although, when the outsider puts his conscience in cold storage before leaving home, he may prove damaging.  Our hardest battle and greatest victory occurred in Allegan, first tried and lost, then retried and won finally:</p>
<p>Two country doctors, father and son, were sued on the claim of improper treatment of a painful toe.  Their story was that the patient had pain in one toe for a long time, persistent and severe.  He decided that he must have a corn and got a neighbor to apply a corn plaster which left a raw sore.  The pain continued, the ulcer did not heal.  This was the condition when the father was consulted.  He made various applications for some time without benefit, but the ulcer would not heal, the severe pain continued.  So father called his son in and together they decided that amputating the toe would remove the ulcer and, with it, the pain.  This was done, but the amputation wound would not heal, and the pain continued.  They kept the wound clean and covered with dry, sterile dressings, but gradually more of the foot became involved.  They had noticed that there was no arterial bleeding at the amputation but had no explanation for this fact.  They thought they were dealing with some obscure infection, which, in spite of their best efforts, went from bad to worse.  Finally the patient went to Chicago where an amputation at the middle of the thigh checked the degenerative process.  When this report reached me I recognized the case as one due to obstructed blood supply, but did not succeed in impressing the real facts strongly enough upon Mr. Barbour and the medical witnesses to win against the infection theory of the plaintiff, and an adverse verdict of some thousands resulted.  A new trial was secured on the plea of new facts.  We, this time, had all the literature on endarteritis obliterans at our tongue&apos;s end, a deposition from Dr. Allen Kanavel, who, we had learned, had diagnosed the condition and made the amputation, and Dr. J. B. Kennedy and myself accompanied Mr. Barbour to the trial.  After selection of the jury the plaintiff&apos;s attorneys secured a motion from the judge to exclude all witnesses, aimed of course at Dr. Kennedy and myself.  So Mr. Barbour decided to have me coach him and Dr. Kennedy testify.  Dr. Robinson of Allegan and Dr. W. T. Dodge of Big Rapids were also witnesses for the defense.</p>
<p>The plaintiff was unable to present any medical witnesses from Michigan but had two chaps present from the Windy City who ran true to form.</p>
<p>It soon developed that they had gotten to our new defense of endarteritis obliterans too late to read up on it.  The old chap had been a whirlwind on the previous trial, had been in practice nearly a half century, treated 200,000 patients of all types, many similar to the plaintiff, and no patient had ever lost even a toe nail, let alone a leg, treated them all with hot, wet 

<pageinfo><controlpgno entity="i1995b148">148</controlpgno><printpgno>140</printpgno></pageinfo>dressings, for the use of sterile, dry dressings was criminal negligence, and apparently his &ldquo;hot air&rdquo; went over with the jury.</p>
<p>On the second trial he was still the world&apos;s wonder, but knew nothing about endarteritis obliterans, didn&apos;t believe there was any &ldquo;such animal,&rdquo; and generally helped us by admitting the rarity of the disease and the obscurity of the early symptoms.  Ignorance, however, did not handicap the other fellow.  He knew all about the subject, &ldquo;had treated hundreds of cases and cured them all,&rdquo; and proceeded to describe arteriosclerosis.  &ldquo;But this case was one of infection, and should have been treated with hot, wet dressings,&rdquo; he said.  It must have been evident even to a layman that these witnesses were not posted on the rare condition we were to picture and demonstrate to them.  Dr. Kanavel&apos;s deposition stated that &ldquo;the disease existed in this patient for weeks before he consulted Dr. Brunson, Senior, that no treatment given him could have prevented or even retarded the inevitable result, that after the amputation he examined the artery and found it occluded from the lower thigh nearly to the ankle,&rdquo; in all a very strong presentation of the entire subject as found in this patient.</p>
<p>The Drs. Brunson admitted frankly that they had never seen a case like this and thought it some obscure infection, but stood pat on their treatment being proper for infections.</p>
<p>Dr. Dodge testified that in a long surgical career he had never seen a case of endarteritis obliterans, until, during the World War, he encountered a case at Camp Sherman.  None of the men who treated this case had ever seen anything like it, and repeated amputations were performed until the last one was above the obstruction.</p>
<p>Dr. Robinson described his one case and demonstrated the autopsy specimen which was a clearly seen occlusion of the internal iliac artery.</p>
<p>We held night school each evening, going over the testimony of the day and trying to anticipate the emergencies of the morrow.  One evening Dr. Robinson was called away, returning shortly with the explanation that a stranger in town had dropped dead.</p>
<p>During most of the several days of this trial, Dr. Kennedy, excluded because a witness, had nothing to do but stroll about town and visit with those with whom he had become acquainted.</p>
<p>The morning after this sudden death, he met one of the local doctors who said he had just been asked to furnish a death certificate.  Dr. Kennedy at once replied, &ldquo;You can&apos;t do that without an autopsy.  Set it for 1 p.m. and Dr. Tibbals and I will be there.&rdquo;  The autopsy disclosed a beautiful specimen of occlusion of the coronary arteries, one in particular having a calcareous deposit against which a probe would strike with a loud click.  Dr. Kennedy asked my opinion about presenting this example of endarteritis obliterans of the heart to the jury, and we decided, with Mr. Barbour&apos;s approval, to do so, first securing the written consent of the wife of the deceased.</p>
<p>In his testimony, Dr. Kennedy demonstrated this specimen as endarteritis 

<pageinfo><controlpgno entity="i1995b149">149</controlpgno><printpgno>141</printpgno></pageinfo>obliterans of the blood vessels of the heart, causing the sudden death of the stranger the evening before, essentially the same condition which cost the plaintiff his leg.</p>
<p>The average juryman does not readily grasp medical terms or medical theories, but these jurymen understood what they could see, and knew that as the cutting off of blood from the heart muscle caused the death of the stranger, so the cutting off of blood from the plaintiff&apos;s leg caused its death.</p>
<p>I have never seen anything more dramatic than Dr. Kennedy&apos;s demonstration and explanation and the absorption of each juryman.  A verdict of &ldquo;no cause of action&rdquo; was soon reached.</p>
<p>The plaintiff, however, appealed to the Supreme Court, and a retrial was ordered on the ground of error, mentioning also that showing specimens of the human body to the jury was outrageously illegal and improper.</p>
<p>At the retrial we presented Dr. Kanavel in person, whose testimony was conclusively convincing, and threw in for good measure a strong deposition from Dr. W. J. Mayo.  The jury promptly acquitted the defendants, and the case was finished.</p>
<p>Mr. Barbour says that the deposition from the great Dr. Mayo is preserved in a special vault in the Allegan County Court House, probably in a fireproof box.</p>
<p>This case illustrates well the opposing viewpoint of the lawman and the medical man.</p>
<p>The sole contention of the plaintiff was of an infection improperly treated, an erroneous hypothesis readily credible, as against the theory of an obscure disease of the arteries which the attending physician had never seen or heard of.</p>
<p>Thus the layman believes that non-union or resultant deformity in a fracture is evidence that the bone was not properly &ldquo;set,&rdquo; that a burn from the X-ray is clear proof of negligence, and that &ldquo;

<hi rend="italics">post hoc ergo propter hoc</hi>
&ldquo; (after, therefore because of) is always true.  Hence the difficulty in defending many malpractice suits lies in the ignorance of court, attorneys, and jury of the medical viewpoint.  It is by no means true that an unsatisfactory result in a fracture is the fault of the doctor, for many fractures cannot be maintained in anatomical reduction without open operation and no court will require the average doctor to subject his patient to the hazards of an operation until the usual treatment has first been tried.</p>
<p>This reminds me of a case tried in Oakland County.  A doctor treated a fracture of the forearm with resultant good union, but some loss of pronation or supination.  The patient tried to work the day after the cast was taken off, found difficulty in using his arm and went to another doctor who at once did an open operation with resultant non-union.  Two subsequent operations failed to secure union.  He then brought suit against the first doctor, but Mr. Barbour won the case.</p>

<pageinfo><controlpgno entity="i1995b150">150</controlpgno><printpgno>142</printpgno></pageinfo><p>I always thought he sued the wrong man.  This has occurred in other cases.</p>
<p>A recent suit against the head of a department at the Ford Hospital resulted in a verdict of $10,000 by the judge.  All this doctor had to do with the case was to consult with an assistant who performed the operation, non-consent for which was claimed, and the Statute of Limitations protects the second doctor.</p>
<p>The Statute of Limitations, formerly three years, was cut down to two years through my efforts at one session of the legislature, but in case of minors runs until two years past the age of 21.  If members would wait until two years have passed before bringing suit for fees many annoying countersuits based on malpractice would be avoided.</p>
<p>If, however, a member then wins judgment for fees, he cannot subsequently be sued for malpractice in this case.</p>
<p>There is hope that the campaign of education, through the extension bureau of the University, and to a limited degree through the press may gradually teach the layman enough of medicine so that a jury in malpractice cases may have at least one or two members with the rudiments of medical knowledge.</p>
<p>The legal phrase &ldquo;tried by a jury of his peers&rdquo; is a joke so far as the doctor is concerned.  No wonder that the attorneys for the defendant always fear the jury.  The average medical witness, testifying, does not talk the same language as the jury, and often they fail to understand him or to believe him.  They mean to be fair, but they can 

<hi rend="italics">see</hi>
 that the beautiful woman weeps as she says her back aches ever since she had her tonsils out; a toxic arthritis means nothing to them, hence a verdict for the plaintiff.</p>
<p>One plaintiff was blind in one eye and got a piece of steel in the other.  After all his fellow workmen failed to remove it, he went to an oculist.  He testified that at the same time the doctor opened a small sty, and 

<hi rend="italics">instantly</hi>
 he could feel the germs from the pus start digging in, and he lost the sight in his remaining eye.  On such impossible stuff as that, coupled with sympathy for a man totally blind, jury after jury gave a large verdict until the defending insurance company finally gave up and settled.</p>
<p>Two of our women members have furnished the comedy.  One sent a patient into the hospital to be curetted for dysmenorrhea, made a careful examination under anesthesia, and, suspecting pregnancy, sent the patient back to her room.  She left the hospital believing her uterus emptied and later threatened to sue the doctor for not aborting her.</p>
<p>The second doctor confined a woman and, at the mother&apos;s request, circumcised the baby.</p>
<p>The father, however, waxed wroth at the mutilation of his son, refused to pay either for the boy or the improvement in his appearance, and threatened suit.</p>
<p>A most puzzling problem arose in Western Michigan with two doctors involved.  The first reported that he started to circumcise a smallboy, 

<pageinfo><controlpgno entity="i1995b151">151</controlpgno><printpgno>143</printpgno></pageinfo>assisted only by the grandmother, who became very sick, hence of no assistance.  So he made only a small slit in the foreskin, found dense adhesions, put a catgut suture in the wound and left the operation undone.  Taken ill himself soon, a little time elapsed before he asked his friend the surgeon to complete the work.</p>
<p>The surgeon sent the child into his small hospital, found no glans penis present.  It was impossible to believe that the first doctor cut it off without knowing it, or, having done so, could have escaped the subsequent knowledge of the fact by the mother.  Nor could I believe that the trained surgeon could be responsible, hence must conclude that a phagedenic ulceration had caused the dense adhesions found by both men and destroyed the glans.  We were prapared to defend along these lines when the case was settled for a small amount.  All the local profession liked the first doctor but many disliked the surgeon and willingly assumed him guilty, with the result that a pitiless criticism drove him from the county society and later from the state.  With his passing, the bird of peace seems now to be hovering over that community, and some years have now elapsed without a malpractice threat, while four or five occurred in the preceding five years.</p>
<p>This menace is active wherever the doctors are fighting each other, and there have been a number of black spots over the state which either no longer exist or are at present quiescent.  I cannot hope to live long enough to see malpractice suits againts the Michigan profession disappear.  Only one of the basic factors, a 

<hi rend="italics">dissatisfied patient, a hungry lawyer,</hi>
 and a 

<hi rend="italics">jealous doctor,</hi>
 is within our control, and even though the jealous doctor entirely disappears as, in fact, he has almost entirely, the other factors remain.</p>
<p>The compensation law is believed responsible for a considerable increase in malpractice suits within the last decade, because it deprives the hungry lawyer of a previously prolific field, and being unable to sue the employer, he sues the doctor for any result not saticfactory to the injured employee.</p>
<p>Lest we think this menace a recent one, I might mention that the presidential address read before this society in 1881 by Dr. J. R. Thomas of Bay City was on &ldquo;Civil Malpractice&rdquo; in which he enumerates the same underlying causes, and criticises the unfairness of jury trials in medical questions.  It was enough of a menace to the profession nearly fifty years ago to inspire a presidential address before this society.</p>
<p>The &ldquo;old timers,&rdquo; some of whom were poorly trained, are about gone, and the educational standard of the Michigan profession was never as high as now.  Hence, the question of incompetence is rarely raised in malpractice trials.  Most plaintiffs claim 

<hi rend="italics">negligence,</hi>
 which is doing something 

<hi rend="italics">improper</hi>
 or leaving the proper thing undone.  For example, leaving foreign bodies in wounds, imperfect reduction of fractures, failure to protect adjacent parts in using the X-ray or radium, or the failure to have suspected fractures X-rayed.  The burden of proof of negligence is on the plaintiff and therein lies the reason why most malpractice suits fail.  The plaintiff 

<pageinfo><controlpgno entity="i1995b152">152</controlpgno><printpgno>144</printpgno></pageinfo>willingly assumes that his damage must be due to negligence, but the courts make him prove it.</p>
<p>Even sponge cases have been successfully defended in Michigan.  Fortunately, the law relieves the surgeon of responsibility when he has operated in a hospital, using the hospital internes and nurses as assistants, for they are the agents of the hospital, not his agents.  We are all too careless, especially surgeons, about securing the consent of patients, before witnesses, for anything we may find it necessary to do, and, in the case of minors, the written consent of parents or guardian.  When we say we will do whatever we think necessary and can prove it, we are protected.  A considerable number of these &ldquo;non-consent&rdquo; cases, which are legally 

<hi rend="italics">assault,</hi>
 have been defended, two of them resulting in large verdicts.</p>
<p>Hospitals, incorporated as charitable institutions, not for individual profit or gain, are exempt from suit.  Does this apply to the private hospital of which the Henry Ford Hospital may be taken as a conspicuous example?  A recent suit involved this hospital and a member of the staff.  The hospital suit was thrown out of court on the showing that Mr. Ford had met a deficit of $250,000 yearly since the institution opened.  If this decision is upheld by the Supreme Court, it will please the owners of other private hospitals who have similar cases pending.</p>
<p>There have been a large number of suits in tonsil cases, none, however, successful, the alleged cause of action ranging all the way from loss of singing voice, postoperative bleeding, destruction of adjacent tissues, to a death from procain, the local anesthetic.</p>
<p>The last case made new law for Michigan.  The patient, a strapping big boy brought in by his mother, was only 19 years old.  His mother ordered a general anesthetic for him.  The following morning he was waiting outside the operating room, his mother and the surgeon being on another floor, and ordered for himself local anesthesia.  He died within five minutes.  The assistant responsible never dreamed that the young fellow was not legally competent to decide for himself, since he was legally a minor.  Judge Alfred J. Murphy tried this case and ruled that since the boy had reached the stature of manhood, he was competent at 19, to decide such matters for himself, and the Supreme Court endorsed his ruling.</p>
<p>Another Supreme Court decision of great importance to us is that governing &ldquo;emergencies.&rdquo; This decision is that in an emergency the doctor is entitled to use his own best judgment regardless of the consent of the patient or parent.</p>
<p>It occurs to me that since other articles are to appear in &ldquo;The Medical History of Michigan&rdquo; I should find some way to terminate this one&mdash;and a good way seems to be to ask and answer &ldquo;What have we accomplished in twenty years?&rdquo;</p>
<list type="ordered">
<item>
<p>1.  Discouraged or successsfully defended nearly all cases, totalling more than 500.</p></item>

<pageinfo><controlpgno entity="i1995b153">153</controlpgno><printpgno>145</printpgno></pageinfo><item>
<p>2.  Accumulated a safe surplus in the medico-legal fund.</p></item>
<item>
<p>3.  Taught some fund fundamentals of their liability to many men.</p></item>
<item>
<p>4.  United the profession along the lines of &ldquo;safety first,&rdquo; until adverse medical witnesses are hard to get.</p></item>
<item>
<p>5.  Proven a most important factor in keeping down the costs of defense to insurance companies, and thus preventing the raise in rates which has occurred in some other states.</p></item></list>
<div>
<head>ADDENDA
<anchor id="n153-01">&dagger;</anchor></head>
<note anchor.ids="n153-01" place="bottom">&dagger; Complied by C. V. Burr, M.D., Flint, Michigan.</note>
<p>Following his introduction by Dr. F. C. Warnshuis at the County Society Secretaries Conference in Detroit in 1928, Dr. Frank Tibbals said, in part:</p>
<p>&ldquo;Dr. Warnshuis tells me I have but five minutes, and that doesn&apos;t even get me started, so I am not going to talk about what I would ordinarily talk about if I had plenty of time to talk about it.  I am going to come before you county secretaries with a personal request.  The occasion for this request arose t