USA > New Jersey > Hudson County > A documentary history of recent dissensions in the District Medical Society of the County of Hudson, N.J. > Part 2
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Mr. President : We ask your permission to recommend to the careful consideration of the members of our Society the following enactments : Ar- ticle 1st of the Constitution, which points out the objects for the attainment of which this Society exists, and defines the chief duties of membership; Article 5th, which requires the obligations of membership to be self-imposed -it also describes the qualifications of those who are fit to become members; Article 5th, which declares who are unfit to continue in fellowship. This Society has adopted as its own the entire Code of Ethics of the American Medical Association. Article 5th of the Code of Ethics affirms, that " physi- cians should found their expectations of practice upon the extent of their quali- cations, not on intrigue and artifice." Article 4th of the Code of Ethics provides that every one who is not in good moral and professional standing (i.e., amongst the regular profession) in the place in which he resides, shall be ex- cluded from fellowship, and his aid refused in consultation, even when it is requested by the patient. At the twentieth annual meeting of the American Medical Association, May 5th, 1869, it was "resolved that the proper con- struction of Art. 4th, Code of Ethics, American Medical Association, having been called for relative to consultation withi irregular practitioners who are graduates of regular schools ; therefore, resolved that Article 4th, Section Ist, Code of Ethics, excludes all mal-practitioners from recognition by the regular profession."
Therefore is disobedience to the laws of the Hudson Co. Dist. Med. Soc. a crime that not only forfeits membership ; but if we, as a society, fellowship the guilty and unworthy, we verily compound the crime with them, share their dishonor, and so exclude ourselves, one and all, from all claims to recog- nition by the regular profession. Furthermore, if we allow such fellowship to be forced upon us, we not only suffer this debasement but we stultify our- selves besides ; for then we do not ourselves what we have already required of others.
Article 6th of the Constitution seems to be ill-adapted or clumsily appro- priate to the dealings of the Society with its refractory members. It requires a charge of "immoral and improfessional behavior." We have complied with the technicality while referring only to acts against the good fellowship and existence of the Society. We submit that it is immoral for a member
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to violate rules to which he has, of his own free act, subscribed ; and that it is unprofessional to court and foster such association as is forbidden by the Code of Ethics of the medical profession of our country.
Pursuant to the obligations enjoined upon your Committee, and in view of the testimony which will be more fully brought before the Society at the proper time,
WE CHARGE-
NOTE .- Here follow the charges and specifications, which are omitted in the context to avoid repitition and save space.
Dr. Hunt moved that Dr. J. M. Cornelison be summoned to appear be- fore the Society at the next regular meeting, to answer. Carried.
MEETING, September 6th, 1870.
Dr. Culver, Chairman of a Special Committee, continued report of the Committee, preferring charges against Drs. Bird, Buffett, Burdett, and Noble. Report received, and Committee continued.
NOTE .- Dr. Cornelison was not present at this meeting.
MEETING, October 4th, 1870.
The President in the Chair.
It was moved and seconded that all charges against accused members should be read. Carried.
Charges were then read against Drs. Cornelison, Buffett, Noble, and Bird. It was moved and seconded that charges against Dr. Bird should be first considered. Carried.
The prosecution and defence having been heard on Specification first against Dr. Bird, the vote was called for, and the Specification declared proven by the following vote : Affirmative-Drs. Varick, Vondy. Morris, Ilunt, Watson, Miller, Hardenburg, Chabert, Benson, Talson, Comfort. ('ulver, Viers, Payn, Prendergast, Wolfe, Gardiner, Gilman, and Freeman -- 19. In the negative-Drs. Corneilison, MeDowell, Lutkins, Noble, Buf- fett, Burdett, Buck, Andrew, Elder, Bock, and Avery-11; three members being excused from voting.
The specification reads as follows :
We charge Dr. J. Q. Bird, a member of this Society, with immoral and unprofessional behavior, in the following particular. Specification : Ile obtained membership in this Society, on a special pledge of fidelity to the Code of Ethics, and to all rules adopted by this Society for the government of its members; which pledge, his subsequent association with the Hudson County Hospital staff, has dishonored.
Dr. Hunt moved that the Society adjonrn until Tuesday, October 11th, at 3 P. M. Carried. The Society then adjourned.
M. A. MILLER, Secretary.
ADJOURNED MEETING, October 11th, 1870.
Unfinished business.
Dr. Culver moved, that the Society proceed to investigate Specification 2nd, in the charges against Dr. J. Q. Bird. Carried.
The Specification reads as follows : Violation of the Code of Ethics. Professional association with a physician who is not in good moral an ! pro- fessional standing in the place in which he resides.
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Dr. Bird declining to plead, it was moved and seconded that Dr. McDowell be appointed to act as Dr. Bird's advocate. Carried.
Testimony being called for, the Secretary was directed to read a notice from the New York Medical Record, dated September 15th, 1870. Dr. Elder being called upon to say who were on the staff of the Hudson County Hospital, he assented to what had been read from the Record.
The Secretary was called upon to read from the Minutes of the Society extracts concerning Dr. Quimby.
Dr. Forman offered the following Resolution: That the record of the Minutes of this Society, relative to Dr. Quimby, be considered as establisli- ing his professional status. Seconded and carried. Twenty-one Yeas ; thir- teen Nays.
Dr. McDowell, as advocate, made an appeal to the Society in behalf of Dr. Bird.
Dr. Morris moved for the vote of the Society upon Specification 2nd, against Dr. Bird. Carried.
The vote on the Specification declared it proven by the following vote :
Yeas : Drs. Varick, Vondy, Morris, Hunt, Miller, Watson, Hardenburg, Reeve, Chabert, Benson, Talson, Comfort, Culver, Hammond, Forman, Payn, Prendergast, Wolfe, Case, Gilman, Abernethy, and Mitchell-Twenty- two. Nays : Drs. Cornelison, McDowell, Lutkins, Kudlich, Noble, Buffett, Burdett, Buck, Avery, Elder, and Bock-11.
The Society then adjourned to Wednesday, October 19th, to continue trial.
M. A. MILLER,
Secretary.
ADJOURNED MEETING, October 19th, 1870.
Unfinished business.
Dr. Culver moved that sentence be postponed in the case of Dr. J. Q. Bird until the guilt or innocence of those other members charged with cognate crimes shall have been established. Seconded and carried.
Dr. Morris now moved that the Society proceed to investigate the charges against Dr. E. P. Buffett. Seconded and carried.
To Specification 1st, against Dr. Buffett; he admits association, but pleads not guilty to the charge. The prosecution presented testimony, and Dr. Buffett read his defense.
The vote being called for on Specification, it was declared proven by the following vote : Ayes-Drs. Morris, Vondy, Hunt, Miller, Watson, Har- denburg, Benson, Culver, Prendergast, Wolfe, Gardiner, Gilman, Abernethy, Mitchell, and Freeman-Fifteen. Nays . Drs. Stout, Burdett, Avery, Bird, and Bock-Five ; one excused.
The Specification reads as follows : We charge Dr. E. P. Buffett, a member of this Society, with immoral and unprofessional behavior, in the following particulars. Specification : Professional association, on the Hudson County Hospital staff, with a physician who is not in good moral and pro- fessional standing in the place in which he resides.
Dr. Morris moved that the Society proceed to investigate Charges and Specifications against Dr. J. B. Burdett. Seconded and carried.
The vote of the Society being called for. the Specification was proven by fourteen Ayes, four Nays, and one excused.
ADJOURNED MEETING, October 26th, 1870.
Unfinished business.
Dr. Culver moved that sentence be postponed in the case of Dr. E. P. Buffett and in the case of Dr. J. B. Burdett until the guilt or innocence of those other members charged with cognate crimes, shall have been estab- lished. Seconded and carried.
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Dr. Morris moved that the Society proceed to investigate charges and specifications against Dr. J. M. Cornelison. Seconded and carried. On vote, Specification Ist was not sustained; 2nd and 3rd proven by vote of eleven affirmative ; no negative, and two members excused from voting.
Dr. Culver moved that sentence be postponed in the case of Dr. J. M. Cornelison until the guilt or innocence of those other members charged with cognate crimes shall have been established. Seconded and carried.
REGULAR MEETING, November 1st, 1870.
Executive Session.
The Chairman of a Special Committee of this Society further reported charges against L. W. Elder and Dr. John Kudlick. Report received and ordered to take the usual course.
The Secretary was ordered to notify the members accused.
NOTE .- Dr. Kudlich stated that he had not accepted his appointment on the Hudson County Hospital staff ; and the charges against him were withdrawn.
ANNUAL MEETING, HUDSON COUNTY MEDICAL SOCIETY, December 6th, 1870.
Dr. Culver moved that the Society proceed to the trial of Dr. L. W. Elder. Carried. The charges were then read against Dr. Elder, as follows:
We charge Dr. L. W. Elder, a member of this Society, with immoral and unprofessional behavior in the following particulars :
Specification 1st .- He is, of his own choice. associated on the Hudson County Hospital staff with a physician who is not in good moral and professional standing in the place where he resides.
Dr. Elder pleaded not guilty, and denied that this Society had the right to try him. He then read his reply.
Dr. Cornelison being called upon to say who were on the staff of the Hudson County Hospital, named Drs. Elder, Buffett, Burdett, Noble, Julien, and Quimby.
Dr. Culver moved that the Ayes and Nays be called on the question : Is Dr. L W. Elder guilty of the charge ?- which was carried. Ayes, eighteen ; Nays, seven, and two excused.
The charge was then declared proven.
REGULAR MEETING, January 3rd, 1871.
Unfinished business.
The charges against Dr. Noble were then considered.
The Secretary read the charge and specification, as follows .
We charge Dr. F. E. Noble, a member of this Society, with immoral and unprofessional behavior, in the following particular :
Specification .- Professional association, on the IIndson County Hospital staff with a physician who is not in good moral and professional standing in the place in which he resides.
Dr. Noble pleade I not guilty, and denied the right of the Society to try him.
Dr. (' ulver offered in evidence, and had read, a printed copy of Board of Regents, Consulting Staff, Attending Staff, etc., of the Hudson County Hos- pital ; Dr. Noble's name appearing on the Attending Staff. In reply to question from the President, admitted his acceptance of said appoint- ment.
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Dr. Culver then moved, that we proceed to vote on question : Is Dr. Noble guilty of the charge, as read ? Seconded by Dr. Buffett, and carried.
The same was declared proven by vote of twelve in the affirmative and hree in the negative, and two excused.
Dr. Noble's vote in the negative was objected to by many, but permitted by the President, though Dr. Morris wished his objection noted.
Certiorari papers were here received.
NOTE .- At this stage of the proceedings, Dr. Morris rose excitedly, and demanded that the certiorari papers be not received, and that they who have sought to serve them be at once expelled ; and made a motion to this effect. Dr. Watson, the President, declared the motion not in order, since it involved contempt of the Supreme Court of New Jersey, and was most impolitic, as well as unlawful.
ADJOURNED MEETING, Held January 10th, 1871.
Dr. Culver, from Committee on Procuring Council, reported that they had engaged Robert Gilchrist. Esq., as conneil.
Dr. Payn moved that report be accepted, and the Committee continued to confer with the council in the case. Carried.
STATED MEETING, August 1, 1871.
The Committee on Charges, through its Chairman, presented the deci- sion of the Supreme Court, on the certiorari of Dr. Elder and others. The case returns to the Society.
NEW JERSEY SUPREME COURT.
JUNE TERM, 1871.
THE STATE. DR. ELDER, Prosecutor,
versus
Certiorari.
THE DISTRICT MEDICAL SOCIETY OF HUDSON COUNTY. 1
Argued at February Term, 1:71, before Justices Scudder and Van Syekel.
Attorney-General, for Defendants.
Mr. Ogden, for Plaintiff.
Van Syckel, Judge. * There is no power in this Court to continue or complete the proceedings which have been instituted in the special tribunal created by positive law. The question to be tried cannot be withdrawn from that forum, nor can it be denied the right to terminate the proceedings which have been initiated before it. *
I find no authority for certifying into this Court for review of the proceed- ings now in question before judgment, and therefore the writ should be quashed.
Justice Scudder concurs.
NOTE I .- The above are extracts from a certified copy of the decision in this case.
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NOTE 2 .-- During our intercourse with counsel, pending the Certiorari, we were informed that Art. VI. of the Constitution of the Hudson County District Medical Society was defective as a Code of Procedure. To render it applicable to offences subversive of the edicts or ex. istence of the Society, it was amended to read as in the last printed edition. Amendment passed, March 5th, 1872.
STATED MEETING, September 5th, 1871.
The Committee on Charges had no report; when, on motion of Dr. Morris, the Committee was discharged.
Dr. Culver moved that Dr. D. L. Reeve be reinstated to membership in this Society, he having paid up back dues. Carried.
Dr. Culver also moved that Dr. J. M. Cornelison be hereby restored to membership, he having paid up back dnes. Carried.
Dr. Hunt moved that all other members may be reinstated to member- ship on payment of dues ; which was carried.
NOTE .- Drs. Hunt and Morris fought hard at this meeting against the readmission of defiant members. But it had always been the custom of the Society to restore such members as had forfeited membership by non-payment of dues whenever they paid their indebtedness ; and the majority scorned to accomplish the expulsion of offending members by any opportune advantage or indirection. Chagrined at the result, Dr. Hunt offered his final motion, with ambiguous purpose, to defeat or to test the sincerity of the majority.
The earliest recognition of the defection of Drs. Hunt and Morris dates from about this time.
ANNUAL MEETING, December 5th, 1871.
Dr. Morris moved that this Society return its Charter to the State Society. Motion seconded.
Dr. Hunt proposed the following amendment :
That a Committee of ten be appointed to return the Charter of this Society to the State Society, together with the books and papers of the Society, and request that a Charter be granted to physicians in good stand- ing in HIndson County, and that all funds remaining in the Treasury, after paying necessary expenses of Committee, be transmitted to the medical sufferers from the late fire in Chicago.
Dr. Morris accepted the amendment.
NOTE .- Dr. Hunt claimed that members disobey and defy the Society-that we dare not expel them-that they had beaten us in the Supreme Court -- that we do wrong to fellowship them -- that his was a feasible plan to get rid of them.
ADJOURNED MEETING, December 12, 1871.
The President, Dr. Watson, in Chair.
The Society opened under new business. Dr. Abernethy moved that Dr. Morris' motion be laid on the table until more members arrive ; which was carried.
Subsequently, it was moved and carried, that Dr. Morris' motion be taken from the table. Motion was read by the Secretary.
Drs. Hunt, Morris, and Vondy spoke in favor of the motion; and Drs. Abernethy, Culver, and Varick against it. On question being called, the Ayes and Nays were taken, with the following result :
Ayes-Drs. Gardner, Hunt, Morris, and Vondy .- (Four).
Nays-Drs. Abernethy, Andrew, Benson, Chabert, Comfort, Culver. Gillian, Hayes, McGill, MeLoughlin, Miller, Mitchell, Morgan, Talson, Varick, and Watson .- (Sixteen).
Motion to return Charter, lost : four to sixteen.
Affirmative vote-Drs. Gardner, Hunt, Morris, and Vondy.
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NOTE .- Drs. Abernethy, Varick, Watson, and Culver declared that the proposed surren- der of the Charter was an indirection, unworthy to be considered ; that it would be, more- over, a legal impossibility without the consent of all the members; and that, in disciplining members, we ought to meet the issue squarely and honorably,
Drs. Hunt and Morris had canvassed for their motion, and had come to this meeting with a counted majority-they were sorely disappointed.
REGULAR MEETING, March 5th, 1872.
An amendment to Art. VI. of the Constitution was adopted. (See printed copy of Constitution.)
REGULAR MEETING, July 2d, 1872.
An amendment to Art. III. of the Constitution was adopted, creating a Comitia Minora ; and defining its powers and duties.
SPECIAL MEETING, March 23d, 1872.
Dr. Watson stated the object of the meeting, viz. : The formation of an anatomical class, under the auspices of the Hudson County District Medical Society.
Dr. McGill moved, that a Committee of three be elected by the Society to undertake the formation of a class, for the purpose of pursuing the study of anatomy, etc .; also that Dr. Watson be Chairman. Seconded and carried.
The Committee appointed were Drs. Watson, Hunt, and McGill.
Dr. Culver offered the following Resolution :
Resolved : "That Drs. Watson, Hunt, and McGill, be hereby appointed and authorized to form a class or sub-organization of this Society, with power to procure a room, material, etc. ; and to make all requisite arrange- ments for scientific investigation, as authorized by an 'Aet to promote Medical Science in Hudson County,' passed March 11th, 1872 ; and that said sub-organization be hereby empowered to hold official meetings, and fix the time and place thereof; to appoint a President, Secretary, and Treasurer, annually or pro. tem. ; to determine a quorum ; to admit to membership any acceptible graduate or student of medicine, and to perform all duties whichi may of right devolve upon them in prosecuting the investigation aforesaid." Seconded and carried.
NOTE .- The following paper was signed by fifteen or sixteen members, among whom were Drs. Hunt, Morris, Prendergast, and Reeve, etc. ; who, after a room had been procured and fitted up, managed to defeat and break up the class, and never offered to pay their share of tlie expense :
' We, the undersigned, agree to join a class for the purpose of pursuing the study of anatomy and to bear our proportion of the expense incurred thereby."
(Here follow the signatures).
SPECIAL MEETING, September loth, 1872.
Dr. Varick moved that allmembers of the Society, in connection with an association called the Hudson County Pathologieal Society, having been re- ported to be guilty of violating and dishonoring the constitution and code of ethics and rulings of this society, therefore
Resolved : That they be summoned to appear before the Comitia Minora to explain said conduct. Carried unanimously. Members present: Drs. Ben- son, Culver, Gilman, Hunt, Mitchell, Morris. Payn, Pettigrew, Variek. Wat- son & McGill.
NOTE .- The Hudson County Pathological Society was chartered and established ostensibly as a rival to the District Medical Society. It received into membership irregular practitioners,
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and those inimical to the District Society. It was indeed an asylum of antipathies, into which were welcomed rejected candidates and code-offending members who became voluntary fugitives from the District Medical Society
These facts were clearly asserted in the evidence given before the Comitia Minora.
REGULAR MEETING, October 1st, 1872.
Report of Comitia Minora.
Whereas, Drs. A. G. Avery, J. B. Burdett, E. P. Buffett, J. Q. Bird, J. M. Cornelison, L. W. Elder, F. Geisler, J. H. MeDowell, E. J. Lowenthal, J. F. Morgan and F. E. Noble, have violated and dishonered the constitution and rulings of the District Medical Society of the County of Hudson, and the code of ethics of the American Medical Association, which has been adopted by the District Medical Society of the County of Hudson, and to- gether have associated with an individual whose professional standing is not good in the place in which he lives ;
Therefore, we, the members of the Comitia Minora , would unanimously recommend to the District Medical Society of the County of Hudson the fol- lowing resolution :
Resolved : That the members aforesaid be, and hereby are, unanimously expelled from the District Medical Society of the Connty of Hudson.
Report of the Comitia Minora accepted, thirteen to seven
The Secretary then read a summary of the evidence of the guilt in respect to the charges for which they were tried, given on the part of the delinquent members before the Comitia Minora.
After we had heard and considered this evidence, Dr. Culver offered the following resolution : That
Whereas, it has been satisfactorily proved to the members of this Society that Drs. A. G. Avery, J. B. Burdett, E. P. Buffett, J. Q. Bird, JJ. M. Cornel- ison, L. W. Elder, F. Geisler, J. H. McDowell, E. J. Lowenthal, J. F. Morgan and F. E. Noble, have violated and contumaciously dishonored the rulings and code of ethics of this Society, therefore, be it
Resolved, That the aforesaid members be, and hereby are, summarily expelled from the District Medical Society of the County of Hudson, N. J. Seconded.
Ayes and nays being called, the resolution was passed, fifteen to five.
The members of the Society were apprised of the expulsions and the ex- pelled were no longer notified of the meetings.
N. B .- Drs. Hunt and Morris voted in the negative.
THE RETRIEVAL.
SKIRMISHING OF HUNT, MORRIS & CO.
REGULAR MEETING, DISTRICT MEDICAL SOCIETY, October 1st, 1872.
Numerous amendments to the Constitution were offered by Drs. Hunt, Foreman and Morris, making radical changes, especially in articles Third and Sixtlı.
The chair decided that unless the amendments were regularly received by vote of Society they could not go on the minutes, not coming properly before the Society.
Dr. Hunt called for the decision of the chair in reference to article eighth of Constitution, in reference to the amendments.
The chair decided as before.
Drs. Hunt and Culver indulged in an animated debate concern-
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ing the amendments, when the remarks of Dr. Hunt becoming rather personal, Dr. Culver was obliged to insist on Dr. Hunt being called to order.
Moved by Dr. Hunt and seconded by Dr. Morris that a copy of Cushing's Manual be purchased by the Society and placed on the President's table, to be kept there so as to be convenient for reference.
This motion was lost.
N. B .- This last motion was intended as a satirical fling at the ruling of the President.
REGULAR MEETING, November 5th, 1872.
Dr. Morris offered the following amendment to the Constitution, that the words " Comitia Minora " be expunged from each and every section of the Constitution in which they occur, and all that may relate to such Com- inittec.
Dr. Hunt offered an amendment to article sixth of the Constitution, the last clause to be stricken out, and " but shall be amenable to discipline the same as other members " substituted.
Dr. Hunt also offered the following amendment to article second of Con- stitution, last clause, "Twelve members shall constitute a quorum."
Dr. Forman moved that the vote to expel certain members of the Society found guilty of a violation of the Constitution and Medical Ethics be recon- sidered. Seconded.
Dr. Benson said that Dr. Elder had informed him that he was ready to resign from the Hudson County Pathological Society, together with Drs. Lowenthal and Geisler, and that Dr. Kudlich, a member of that Society, would also resign, if they could be assured of admission into the District Medical Society.
Dr. Hunt said that in his opinion the expelled members never had a fair trial, not being tried in accordance with the Constitution. He considered the Society to have acted wrongly, and now the best way it could atone for its fault would be to rescind its erroneous action.
Dr. Culver spoke in answer to the remarks of Dr. Hunt, defending the action of the Society, which he considered to have acted in perfect accord- ance with the Constitution. The trial of these members, the Doctor said, had been conducted with the utmost propriety, with strict impartialty, and with a due regard to legality. * Dr. Culver, in concluding, remarked on what he called Dr. Hunt's wild fancies, and was peremptorily called to order by Dr. Hunt for personality.
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