whom charges were being prepared, withdrew before they could be preferred, thus saving himself expulsion. He moved from the county but was subsequently repeatedly arrested, charged with the same crime, and though he several times escaped conviction, he finally served a term in the state prison for causing death by criminal abortion.

The society secured the analysis of numerous much vaunted proprietary medicines and exposed their worthlessness. In this creditable work Doctor Silas H. Douglas, Doctor Albert B. Prescott and Doctor Preston B. Rose were chiefly active. Various scientific investigations -physiologic, pathologic, pharmacologic, and therapeutic were undertaken, and many valuable papers and important contributions to medical literature of the time were presented. Among them, as samples, and quoting from memory, were "Diseases of the Cord and Placenta," *"Case of Simultaneous Intra- and Extrauterine Pregnacy," "Ophthalmia Neonatorum," "Case of Delivery by Ceaserean Section"-one of, if not the first reported in the state, by Doctor Abram B. Sager; papers on "Consumption," "Climate," "Paralysis," and others by Doctor Alonzo B. Palmer; and papers of much interest then on the Climatology of New Mexico, Colorado, and the higher altitudes of the Rocky Mountain range in that latitude, also in North Carolina with discriminative observations of the class of cases benefited, and the need for care in gradual elevations, by Doctor Henry S. Cheever, studied when trying to arrest his own tuberculous disease which proved fatal. Doctor Oakley and Doctor Batwell contributed many interesting and valuable papers practic and helpful to physicians, and both were ingenious in mechanic devices for surgical appliances, a qualification of much value at that time when instrument makers and supplies were not as numerous and near as now. Papers and addresses were also given by Doctors William Warren Greene, Alpheus Crosby, Samuel G. Armor, Frothingham, Maclean, Sewell, Howell, Abel, Dunster, and others.

But valuable as were these contributions of investigation and practice, they were hardly more beneficial to members of the society than was the social commingling, and the opportunities to know and appreciate the individual characteristics of fellow-practicians and to observe that in supporting a brother physician in proper conduct they were supporting the profession of medicine as a whole, and tending to maintain that high professional esprit de corps essential to the success of organized effort.

The more recent work and contributions of living members, the limits of this paper do not afford space to even mention by title. It is no disparagement to any that may be overlooked. Valuable work has been done under the presidencies, in successive order, of Doctors George, Darling, Gibbes, Vaughan, Carrow, Dock, Novy, Huber, Warthin, and Peterson.

Among the practic things accomplished in the direction of securing better fees for public service was the adoption of a scale of fees by the Board of Supervisors of 1874, for postmortem examinations and for *The specimen and history was furnished by Doctor H. B. Landon.

coroner's inquests (excluding chemic analysis for poisons). A committee of the society, consisting of Doctor Webb, Doctor John Kapp, and your historian, went before the Board, representing the importance of correct findings, the responsibility attaching to such examinations, and testimony involving interests of property, personal liberty and life, in addition to risks of infection to operators, and presented a schedule of fees. The fees adopted by the Board were fair and reasonable for the time, ranging from $5 for ordered inspection of cadaver, with reference to testifying as to cause of death; $10 each for section of thorax or abdomen and examination of their viscera; $15 for section of skull and examination of brain; $20 for examination of any two of these cavities; and $25 for all of them. This fee bill for ordinary legal inquests was quite generally copied in different parts of Michigan and other states, but unfortunately after a few years, boards of supervisors-whose rules are not like the laws of the Medes and Persians-declined to be bound by the rules of their official predecessors, and they claimed as a reason for not adhering to this scale of fees, that in so many cases the doctors found it necessary to examine contents of chest, abdomen and skull, and did not always find the cause of death then, but charged the whole schedule of fees. It is not improbable that there was some ground for the action of the Board.

The society has had various stages of prosperity and adversity—of enterprising zeal and decline of energy. Some earnest differences arose that divided its members in positive opposition at the time, and enlisted the sympathies of the profession at large and furnished the laity opportunity to ask "Who shall decide when doctors disagree?" Time has removed most of the actors in the little drama, and in the dim retrospect, the remebrance seems almost amusing in the sidelights cast during the lapse of more than a quarter of a century.

No history of the society would be complete without mention of the break in its ranks on the introduction of homeopathy into the University. As it divided the faculty of the department of medicine and surgery and members of the State Society, it is not strange that the subject should have aroused as great interest in the home society as it did in the profession of the state and throughout the country. The secession of members of the faculty and the formation by them of the Ann Arbor Academy of Medicine followed. The Academy was denied representation in the meeting of the American Medical Association at Buffalo the following year through protest from this society. Later the faculty was glad to make use of the attitude of this society, supported by the State Medical Society, to induce the regents to relieve the department of medicine and surgery of many of the most obnoxious features of the relations at first established. The contention led to bitter feeling at the time, members on both sides no doubt failing to apprehend the real position of those differing, and each claiming to be actuated by highest regard for the good of the profession and the University. Like the shield in the fable, the situation had two sides. Fortunately members of the society were too wise not to recognize established facts, and too

sensible to permit such a situation to destroy the usefulness of the society, and the controversy has long since been a closed incident.

Many of its members have served their communities in public office with fidelity and credit. Doctors Webb, Ewing, and Howell represented their districts and the county in the State Legislature, while others rendered service on the Boards of Education and Public Health. Doctors Batwell, Breakey, Cheever, Dunster, . Ewing, Garigues, Maclean, Oakley, Owen, Palmer, Prescott, Rose and Smith served in the Civil War from 1861 to 1865, and Doctors Bourns, Owen, Nancrede, and Vaughan in the War with Spain.

Its roll of honor of those who have answered the last call and paid the debt of nature, grows larger year by year. Naming them from memory, but not in the order of their departure, I place in this memorial record Doctors Armor, Ashley, Babbit, Batwell, Benn, Bigelow, Cheever, Crosby, Chamberlain, Douglass, Downer, Dunster, Ewing, Fairchild, Frothingham, Garigues, Gates, Greene, Halleck, E. Hall, Daniel Hall, Hawxhurst, Helber, Howell, Kinne, Lewitt, Lyster, Loomis, Oakley, Palmer, Post, Rexford, Root, Sager, W. B. Smith, Elias Smith, Van Tyne, Voorhies, Wells, Webb and Zimmerman.

There may be others who have been overlooked in the preparation of this list.

It is an honor to have known them and to have been associated with them in professional work. Of the charter members I believe only Doctor Prescott and myself survive. The story was told of Thadeus Stevens, when so old and helpless that he had to be carried up the steps. of the Capitol to his seat in Congress, that he asked the two vigorous young men who bore him-"Boys, I wonder who will carry me up when you are dead"? I trust Doctor Prescott will continue in faithful service for many years yet, and while I do not attempt much sprinting on foot, or desire service on standing committees, I hope to be able to share in the history the society will continue to make as long as possible, so

"When I remember all the friends so linked together

I've seen around me fall, like leaves in wintry weather,

I (do not) feel like one who treads alone some banquet hall deserted, Whose lights are fled, whose garlands dead, and all but me departed." For I renew my youth and keep in touch with the procession in the presence of these zealous younger doctors, the infusion of whose young professional blood is to keep up the circulation of the society till they in turn give it over, healthy and prosperous, to their successors. Its opportunities are large to do good for the profession, for its members, and for the public. A society no more than an individual can always secure immediate results of its labors. But its ideas, its opinions and its facts of scientific demonstration can be recorded. It can enter its protests against vice, error and quackery and sometime, soon or late, it will achieve success.

It may not be the province of a historian to comment on events he

records or to prophesy, though I think both is often done. It seems to be assumed that the society is "enjoying poor health." This should not be assumed, much less should it be, nor do I think it is, true. The society should not be anemic with its accessions of energetic young members. It is not suffering from plethora of a financial character at least the treasurer states. It can hardly be overworked nor "run down," nor need the "rest cure." It is a question whether more exercise would not reinvigorate it. I should like to prophesy only good for the society from such treatment, and, if I might venture to prescribetentatively at least-I should say it is a good case for expectant treatment and faith cure, coupled with individual effort of every member, contributing in any practicable way to the nutrition of the society; and then though doctors come and doctors go the society like the river will go on forever.

THE RELATION THE PHYSICIAN SUSTAINS TO THE

LAW.*

BY ROLLIN H. PERSON, LANSING, MICHIGAN.

MEMBER OF THE BAR,

THE relation of the physician to the law is a broad subject. The practice of medicine is of the utmost importance to society. The health of the community, to a large degree, is in his keeping and, naturally, the law reaches out and touches his profession at many points.

'In the first place, no one can be a physician without the consent of the law. The people, acting through their organized agent, the legislature, have sought to protect themselves against quacks and impostors. It is a learned profession and society requires that its members be learned. The lives of patients should be dealt with honestly, and the law requires physicians to be honest. The relation of physician and patient involves a trust imposed on the physician; he comes into posession, by virtue of his profession, of secrets most delicate and important to those who place themselves within his care, and the law seals the mouths of practicians from the exposure of these secrets; even the tribunal of justice cannot extort from the doctor's lips those things which have come to him in the course of his professional duty.

As I have said, the physician belongs to a learned profession, and by representing himself as a member of that profession, he guarantees to the world that he possesses the skill ordinarily belonging to its members. If that skill is not his and a patient suffers because it is wanting, the physician is liable to damages. The skill required is not necessarily of the highest degree, nor is a physician in a coun try town called upon to possess the attainments of a practician in some other and more favored locality. The rule is that each physician is expected to rank fairly in knowledge and skill with average physicians in his immediate locality; and the law requires him not only * Read before the INGHAM COUNTY (Michigan) MEDICAL SOCIETY.

to be skillful, but to be careful and attentive to his patients. Negligence is as dangerous from the point of view of the law, as ignorance. A doctor who is negligent in the performance of his duties is liable. to an action for malpractice if injury results from such negligence. And not only may he be liable to an action for damages, but if his ignorance or negligence be gross and death ensues because of it, he may find himself facing the criminal law and under indictment for manslaughter or murder. The profession is a great one and its legal responsibilities are equal to its importance.

In fact the law is like the atmosphere which leaves one to move with freedom, but, nevertheless, envelops him everywhere. It would, therefore, be impossible in the time given me to mention all the situations in which a physician may find himself amenable to the law, and for this reason I will restrict my remarks to that particular relation which has had considerable interest to the members of this society.

The laws of this state provide for a local board of health in every township, village and city, and to these local boards the state has confided most of the executive power provided by the state for the protection of the public health. These boards are but agents of the state, and, like other agents, have only such authority as the principal has seen fit to give them. The powers of different agents greatly vary; one may be an agent for a single specific purpose, and if his authority is restricted to that single thing, he cannot bind his principal by anything he may say or do as to other things; or an agent may be given so much power that he represents his principal in most of the affairs of life and becomes, in fact, a viceprincipal. The degrees of power given may range anywhere between these two extremes, and the board of health, like any other agent, has such powers and such only as the principal has given. If you commission. someone to buy you a horse, he has no authority to buy for you a herd of cattle.

In townships, boards of health are made up of the members of the township boards; in villages, the common council is usually the board of health; in cities, boards of health are variously constituted." In Lansing, by the charter of the city, the senior aldermen, acting together, constitute the board of health; and at this juncture I wish to call your attention to an important matter. The members of the board of health, taken separately and individually, are not the board of health. The members of the board of health must act together as a board to become a board of health, and very little of the power given by the state is invested in the members of the board separately and individually, but is given mostly to the board sitting as a body. It is a board acing as a board that has authoriy to make most of the rules, pass most of the resolutions, and audit accounts. The legislature has given authority to the board as a board, and whenever any physician is required to act in a matter of public health, he should see that the board of health, acting in its collective capacity as a board, passes upon all those qeustions which the law has submitted to the board.