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MINUTES OF THE JUDICIAL COUNCIL.
The Judicial Council met in a room of “ Odd Fellows Hall,” at St. Paul, Minn., at ten o'clock A.M., June 6, 1882.
Present: Drs. BRODIE, COLE, DAVIS, TONER and BARTLETT.
The business first in order, election of officers, resulted as follows: Chairman, Dr. N. S. Davis; Secretary, Dr. J. K. BARTLETT.
The protest against the admission of delegates from the State Medical Society of Nebraska, which was referred to the Council at a late hour during the previous session, was then made the subject of consideration, and the following decision was unanimously adopted :
A careful examination of the documents and subjects involved in the protest of certain members of the Nebraska State Medical Society against the admission of said society to representation in the American Medical Association, shows no proper cause for such protest at the present time, and, consequently, the society is entitled to its full representation by delegates in this Association,
The Council then adjourned to meet again at five o'clock P. M.
June 6, 5 P. M., the Council assembled.
Present: Drs. BRODIE, COLE, DAVIS, STĄPLES, TONER and BARTLETT.
A paper which had been referred (labeled “Document No.1"), preferring charges against Dr. S. P. Collings, of Hot Springs, Arkansas, and protesting against his registration, was taken up, the charges were read, some witnesses were examined, and the subject was then laid upon the table until the defendant could be notified to appear.
The resolution published on page 19 of the Transactions of 1881, and which had been referred to the Judicial Council, was made the subject of consideration.
Decision reserved until the following day.
In the matter of the numerous protests against the action of, and the admission of delegates from, the New York State Medical Society (papers No. 2), which had been referred to the Council, it was decided that we have sufficient documentary evidence before us to warrant action in the case.
Council adjourned to meet at half-past eight o'clock A. M. on Wednesday.
Wednesday, June 7th.—Council met at 8.30 A.M..
Present: Drs. BRODIE, COLE, DAVIS, GRAY, STAPLES, TONER and BARTLETT.
In reference to the referred resolution, considered at the previous session, the following decision was then unanimously adopted:
In regard to the resolution concerning the use of remedies controlled by a patent copy-right, or trade-mark, etc., which was reported from the section on Practice of Medicine, Materia Medica, etc., and referred by the Association to the Judicial Council last year, the Council, after examination, decide that said resolution includes matters not referred to in the Code of Ethics; and, as said code contains all that is necessary for the proper guidance of the medical profession, therefore said resolution should not be adopted by this Association.
The protest of the Nebraska State Medical Society against the admission of Dr. Joseph NEVILLE, of Omaha, as a delegate from the Omaha Medical Society (paper No. 4), was now taken up, and Dr. NEVILLE heard in his own behalf; the subject was then laid upon the table until other witnesses could be examined.
The protests against the action of the New York State Medical Society (documents No. 2) were now taken from the table, and, after full examination and expressions of opinion, the following decision was unanimously adopted: Having carefully examined the Code of Ethics adopted by the New York State Medical Society at its annual meeting in February, 1882 (as furnished by the secretary of said society), the Judicial Council find in said code provisions essentially different from, and in conflict with, the Code of Ethics of this Association; and therefore, in accordance with the provisions of the Ninth Bylaw of the American Medical Association, they unanimously decide that said New York State Medical Society is not entitled to representation by delegates in this Association.
The Council adjourned to meet again at five o'clock P.M.
Wednesday, five o'clock P. M.—The Council assembled. The protest of the Nebraska State Society against the admission of Dr. NEVILLE (paper No. 4) was taken from the table, and the examination of witnesses resumed. The Council, being satisfied with the investigation, decided: That the protest in the case of Dr. Joseph NEVILLE, emanating from the delegates of the Nebraska State Medical Society, is hereby sustained, inasmuch as the evidence proves that he has been dropped from membership by the said State Society, on account of the nonpayment of dues; and is therefore, by the provisions of the fifth section of article second of the Constitution of the American Medical Association, incapacitated for registration until he regains his position in said society.
The charges against Dr. Dwight W. Day, and protest against his admission by registration as a Permanent Member (papers numbered“ 5 "), were then read, witnesses for the prosecution examined, and their papers received and considered. Dr. Day was then summoned, and his defense and explanations heard. The case was continued, to allow the defendant opportunity to introduce further evidence.
Council adjourned to meet at 8.30 A.M., Thursday.
Thursday, June 8th.—Council met at 8.30 A.M. Additional testimony was heard in the case of Dr. Day, and after full examination of the evidence, the Council decided that the first, second, fourth, and sixth charges are fully sustamed, and therefore said Dwight W. Day is no longer entitled to recognition as a member of this Association. The Council also further decided, from the evidence before it, that the Eau Claire Medical Society needs thorough reorganization before it can be justly entitled to representation by delegates in this Association.
The case of Dr. S. P. COLLINGS (paper No. 1) was resumed, other witnesses examined, and the Council decided that, whereas it is fully proved and admitted that Dr. S. P. Collings has been dropped from membership of the society to which he belonged for non-payment of dues, therefore he is not entitled to registration as a Permanent Member in this Association.
An official paper (marked “ No. 6”), from the Secretary of the Allegheny County Medical Society, of Pennsylvania, directed to the Secretary of the American Medical Association, notifying him that Dr. S. N. BENHAM had been suspended from
membership by said society, and which was referred to the Judicial Council, was then taken up, the paper read, and the following resolution adopted:
Resolved, That in conformity with the fifth clause of article second of the constitution of the American Medical Association, we recognize a vacancy in the Judicial Council, occasioned by such suspension, and that the secretary of the Council be instructed to announce the same to the Chairman of the Committee on Nominations.
The Council then decided that in the case of the appeal of Dr. John C. COTTON, of Meadville, from the decision of the Censors of the Crawford County Medical Society, and of the State Medical Society of Pennsylvania, we find no just ground for sustaining the appeal.
In regard to the paper by Dr. CHARLES DENison, which was referred to the Judicial Council, said Council decide that they find nothing in the paper requiring judicial action, and, therefore, refer it back to the Association for its own disposal.
Council adjourned, to meet at half-past eight A. M., Friday.
Friday, June 9th. Council met at half-past eight A. M.
All referred business having been disposed of, the records of the Council during the present session were read and unanimously approved.
The Council then adjourned, to meet, in conformity with its rules, at ten o'clock A. M., on the first day of the session of 1883, at Cleveland, Ohio.
Members of the Judicial Council.
J. K. BARTLETT, M.D.,
Secretary Judicial Council.