A documentary history of recent dissensions in the District Medical Society of the County of Hudson, N.J., Part 3

Author: Culver, J. E. (Joseph Edwin), 1823- compiler
Publication date: 1873
Publisher: New York : Powers, Macgowan & Slipper, printers
Number of Pages:


USA > New Jersey > Hudson County > A documentary history of recent dissensions in the District Medical Society of the County of Hudson, N.J. > Part 3


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Dr. Culver moved that Dr. Forman's motion be laid on the table. Se- conded.


The ayes and nays being called for, Dr. Culver's motion was carried, by the following vote :


Ayes - Drs. Carpenter, Cary, Comfort, Culver, Eddy, McGill, MeLough- lin, Miller, Mitchell, Van Houten and Watson-11. Nays-Drs. Hunt, For- man, Morris, Viers and Vondy -- 5.


ANNUAL MEETING, HUDSON COUNTY DISTRICT MEDICAL SOCIETY, Court House, Jersey City, December 3d, 1872. Members present, Drs. Abernethy, Andrew, Benson, Blake, Bock, Car-


*NOTE .- Dr. Culver remarked that if the expelled gentlemen wish to question the legality of their expulsion, they can do it in a court of competent jurisdiction.


Dr. Hunt, " They will do it."


Dr. Culver, " I cannot believe the gentleman to speak now by authority, or to be aware how supremely sick are those men of supreme courts. They are now proposing to sever their illicit connection and to return voluntarily and obtain re admission in our Society. I hope that course will be followed, and will lead to an end of all our disagreements. I am very sure that the So- ciety has done no wrong in this matter. I cannot endorse the wild fancies of Dr. Hunt. Did the gentleman himself do wrong in voting to arraign thiem before the Comita Minora ?"


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penter, Chabert, Comfort, Culver, Eddy, Everett, Finn, Forman, Gilman, Hunt, MeBride, McLoughlin, MeGill, Miller, Mitchell, Morris, Paul, Payn, Prendergast, Varick, Van Houten, Vondy, Watson and Wilkinson-29. Dr. Benson, the President, in the chair.


Minutes of the previous meeting read and approved.


It was moved by Dr. Watson that the Society open business, under the fourth rule. Carried.


The Society now proceeded to ballot for officers for the ensuing year, and also for the delegates to the State Medical Society.


The election resulted as follows :


President Vice-President. DR. M. A. MILLER. DR. J. D. McGILL. LIENRY MITCHELL.


Secretary Treasurer II. H. ABERNETHY. J. E. CULVER.


Reporter


Comitia Minora {


DR. J. R. VARICK. DR. D. BENSON. DR. B. II. WATSON. DR. F. G. PAYN. DR. J. E. CULVER.


Delegates to N. J. State Medical Society :


DR. J. D. McGILL. DR. II. II. ABERNETHY.


At Large - DR. M. A. MILLER. DR. HENRY MITCHELL.


senting


DR. J. F. FINN. DR. F. G. PAYN. DR. D. BENSON.


Alternates :


DR. B. GILMAN. - Representing


DR. R. F. CHABERT. DR. T. F. MORRIS.


At Large ? DR. S. R. FORMAN. DR. J. II. VONDY.


DR. J. W. VAN HOUTEN. DR. L. A. MCBRIDE. DR. J. W. IlUNT.


NOTE .- Prefatory to the Meeting of January 7th, 1873.


For a time prior to the Annual Meeting, December 3d, 1872, Drs. Hunt, Morris, Vondy, and Forman had contributed to mar the harmony of the District Medical Society ; consequently they were looked upon as unsafe men at this time, and were not elected to any position of trust. Such a ballot, and the near prospect of a re-admission of the expelled members, or, perchance, the thought that then or never was their opportunity to embroil and dismember the Society, may have precipitated their action. They proposed, as the sequel will show, to bring the ex- pelled members by a short cut back into the Society at once, and, with their aid to begin its dis- integration. To aid this plot it was heralded forth that the Comitia Minora had expelled them -had even acted as complain int, jury, and judge-but that the District Society had taken no action in the matter. Indeed, the Comitia Minora was saddled with sins to order, and rattling volleys of righteous indignation were hurled after the scapegoat.


The expelled gentlemen were very easily gathered into the net that was thus spread for them ; and, pro tanto, a few weeks afterwards, Drs. Morris, McDowell and Lutkins were added to the staff of the defunct IJudson County Hospital (Dr. Quimby had been deposed). Here was success worthy of the Artful Dodger ! Several members of the District Medical Society, who had formerly bren arraigned for irregular practices, volunteered under the new banner, and co- operated heartily with Drs. Hunt Morris & Co. Several new members, unawares, were con verted to the new schism by specious statements, the character and animus of which they were unable to discriminate. For days and weeks the chief and his lieutenants furtively patroled the district, and a considerable number of drilled recruits, including four members who do not fre- quent the meetings of the Society, mustered at roll-call of the January (1873) meeting, charged to the muzzle with explosives for the Comitia Minora. The Scientific Session was soon smothered ; the Executive Session was a tornado.


REGULAR MEETING, DISTRICT MEDICAL SOCIETY, COUNTY OF HUDSON. January 7th, 1873. Members present : Drs. Abernethy, Benson, Carpenter, Case, Comfort, Craig, Culver, Everett, Eddy, Field, Forman, Gilman, Hunt, Lutkins, Me-


-


DR. B. A. WATSON.


Repre-


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Bride, McLoughlin, Miller, Morris, O'Callaghan, Paul, Prendergast, Rau, Selnow, Talson, Van Houten, Varick, Viers, Vondy, Watson and McGill- Thirty.


The President, Dr. Miller, in the chair.


The Secretary, Dr. Mitchell, being absent, on motion of Dr. Morris, Dr. McGill was electe i Secretary pro tem.


Scientific Session.


Dr. McGill, the regular monthly essayist for January, read a paper enti- tled " Contused Wounds," for which he received the thanks of the Society.


Dr. Morris moved that the Society now go into Executive Session. Se- conded. Dr. Culver moved that Dr. Morris's motion be laid on the table. Seconded. Ayes and nays being called for the vote resulted in a tie-twelve to twelve. Wherenpon the President decided in the affirmative.


Dr. Morris now moved that " we now close in Scientific Session." Se- conded and carried.


Reports of Committees.


On Dr. Chabert's bill .- The Chairman being absent, Dr. Forman report- ed progress.


On presentation of Claims and Accounts, Dr. McGill presented a bill from the Times Printing Company, $2. Ordered paid.


Unfinished Business.


Dr. Morris moved that Dr. Forman's motion to reconsider the vote by which certain members of the Society were expelled, for violations of the Constitution and Code of Ethics, be now taken from the table. Carried. Dr. Culver* explained his vote in the negative. Remarks by Drs. Hunt, Watson, Morris and Culver.


Dr. Morris moved that Dr. Forman's motion be now acted upon. Se- conded by Dr. Hunt.


The ayes and nays being called, the vote resulted as follows : Ayes-Drs. Carpenter, Case, Craig, Eddy, Everitt, Forman, Hunt, Lutkins, Morris, ()'- Callaghan, Paul, Prendergast, Rau, Selnow, Talson, Van Houten, Viers, Vondy, and Watson-Nineteen. Nays-Drs. Abernethy, Benson, Comfort, Culver, Gilman, McBride, McGill, McLoughlin, Miller, and Varick-Ten.


Dr. Field was excused from voting


Dr. Morris called for the reading of the report of the Comitia Minora on the trial of the reeusant members. Dr. Morris moved that the vote on Dr. Culver's resolution to expel certain members for violation of the Constitution, ete., be now reconsidered. Seconded by Dr. Hunt.


Remarks on this motion by Drs. Varick, Morris, McGill, Culver and Hunt. Dr. Hunt claimed that, according to the last clause of article third of Constitution, this question was not debatable. Dr. Culver, remarking on the question, was called to order by Dr. Morris, but, by permission of the Society, was allowed to finish his remarks. The Chair decided Dr. Culver in order, as the question before the house was on a reconsideration of the vote of ex-


*Dr. Culver said : The gentlemen were expelled for improper association. They have ac- cepted expulsion as an accomplished fact. We are informed that some of them are about to sever their connection with Drs. Quimby, Keirsten, and others, and desire re-admission. I sincerely hope that membership will be accorded to them. Above all things I should like to see good faith and fellowship among all the physicians of our County. I am in favor of remov- ing every obstacle to a fraternization of all conflicting interests-all-Dr. Quimby not excepted.


Sooner than become an insurmountable obstacle to such a union, on account of personal animosities harbored against me, I will even offer to resign my own membership for the benefit of others. Defiant violation of the Code of Ethics I have always opposed ; but I will do my ut- most for lawful conciliations. Mr. President, I fear that this reconsideration menaces new hos- tilities ; and that it the present opportunity be neglected, a whole generation may pass away be- fore a settlement will again be possible. I move that a committee of conference be selected from the different factions to arrange for an amicable settlement of all our difficulties. Not seconded.


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pulsion, and not on any report of the Comitia Minora. Drs. Watson. Hunt, Benson, Abernethy, Morris, Culver, Talson and Vondy also remarked upon the question in point.


Dr. Culver moved to lay the whole matter on the table until the evi- dence upon which the recusant members were convicted by the Society could be produced and re-read. Seconded.


Upon the vote being taken the result was a tie. The Chair then decided in the affirmative.


Dr. Morris moved to take Dr. Culver's motion from the table. Seconded. (Query-What motion ?)


The Chair said that, inasmuch as the Society had just decided to lay the whole matter on the table until the evidence of the guilt of the recusant members could be produced and re-read before the Society, that he would decide Dr. Morris to be out of order.


Dr. Watson moved that the Society now proceed to consider the pending amendments to the Constitution. Seeonded by Dr. Culver.


Dr Morris now appealed from the decision of the Chair in declaring out of order his motion to take from the table Dr. Culver's motion. The Chair again decided Dr. Morris to be out of order in his appeal.


Dr. Morris appealed again, demanding that the ayes and nays be called. On the ayes and nays being called, the vote resulted as follows: Ayes-Drs. Abernethy, Benson, Comfort, Culver, Field. Gilman, MeBride, McGill, Me- Longhilin, Miller, Paul, Rau, Varick, and Watson-Fourteen. Nays-Drs. Carpenter, Case, Craig, Everitt, Eddy, Forman, Hunt, Lutkins, Morris, ()'- Callaghan, Prendergast, Selnow, Talson, Van Houten, Viers, and Vondy- Sixteen. The Chair was thus not sustained in its decision.


Dr. Morris then moved that we now vote on the acceptance or rejection of Dr. Culver's resolution, as it appears in the minutes. Seconded.


Dr. Culver moved that " we do now adjourn." Seconded. Ayes, fifteen ; nays, fifteen. Lost. (Chair voting in affirmative.)


Dr. Morris repeated his motion to take from the table Dr. Culver's motion. Seconded. (Query. What motion of Dr. Culver's was tabled ?) Dr. Morris was declared out of order by the Chair.


Dr. Morris appealed from the decision of the Chair, calling for the ayes and nays. Ayes, thirteen ; nays, sixteen. Chair not sustained.


Dr. Culver moved that the Society adjourn. Seconded. Motion lost. Ayes, fifteen ; nays, fifteen. (President voting.)


NOTE. At this stage confusion and insult reigned supreme, and many left the undignified scene in disgust.


Dr. Morris demanded that the vote be taken on Dr. Culver's resolution, expelling certain delinquent members from the Society, for a violation of the Constitution and Medical Ethics. Seconded by Dr. Forman. On the ayes and nays being called the vote resulted as follows : Ayes-none ; nays- Drs. Carpenter, Case, CRAIG, Eddy, Everitt, Forman, Hunt, LUTKINS, Morris, O'CALLAGHAN, Prendergast, SELNOW, Van Houten, Viers and Vondy-fif- teen.


NOTE .- The expulsion vote could only be reached by reconsideration, and it was too late for that.


Dr. Morris's amendment to expunge the words Comitia Minora, etc., from the Constitution, was adopted by the following vote : Ayes-Drs. Car- peuter, Case, Craig, Eddy, Forman, Hunt, Lutkins, Morris, O'Callaghan, Prendergast, Selnow, Van Houten, Viers and Vondy-fourteen. Nays-Drs. McGill and Miller -- two.


Dr. Everitt was excused from voting.


Dr. Hunt's amendment to article second of the Constitution was adopted by the following vote : Ayes-Drs. Carpenter, Case, Craig, Eddy, Everitt,


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Forman, Hunt, Lutkins, Morris, O'Callaghan, Prendergast. Selnow, Van Houten, Viers and Vondy-fifteen. Nays-Drs. McGill and Miller-two.


Dr. Hunt's amendment to article fourth of the Constitution was adopted by the following vote : Ayes-Drs. Case, Craig, Eddy, Everitt, Forman, Hunt, Lntkins, Morris, O'Callaghan, Prendergast, Selnow, Van Houten, Viers and Vondy-fourteen. Nays-Drs. Carpenter, McGill and Miller-three.


Dr. Morris moved that the Secretary be notified to inform the re-admitted members of the result of the vote, and also to notify them of the next meet- ing of the Society. Seconded and carried.


Dr. Morris moved that a committee of three be appointed by the Society, consisting of Drs. Vondy, Hunt and Forman, to take charge of the " Consti- tutions and By-Laws," with power to take out and put in what they may think proper, and have the same printed. Seconded. Dr. Morris modified his motion at the suggestion of several members, so far that the committee should report to the Society the alterations they should make, before having the books printed, and submit the same for its consideration. Seconded as amended.


Dr. Prendergast said that he considered three too small a number -- five would be better-and offered this as an amendment, "The committee to con- sist of five members." Dr. Morris accepted Dr. Prendergast's amendment and further amended the motion by moving that Drs. Eddy and Prendergast be added to the committee. The motion, as amended, was carried. Ayes- fifteen ; nays -- one.


A vote of re-consideration was then taken on all the amendments to the Constitution passed, and lost.


On motion, the Society adjourned.


J. D. McGILL, Secretary, protem.


NOTE .- Prefatory to meeting of February 4th, 1873.


Immediately after January 7th, 1873, Drs. Hunt, Morris & Co., evidenced great anxiety to get possession of the minutes. They applied to the Secretary for them. The Secretary, too obsequious to their wishes, made haste to demand them of the Secretary pro tem. The Secretary pro tem. suspected, from their haste, their unscrupulousness, their manner, and their remarks, that they now sought to supplement the minutes with something which had inadvertently been left undone, and therefore refused to give up his minutes until approved by the Society It transpired afterwards that it was the " Forman motion, ' whose fate excited so much solicitude. They began to reflect that they had acted upon too many of Dr. Morris's motions instead. Not- witlistanding this qualm they came to the February 4th meeting, flushed with their recent vic- tory, full of hope, and reinforced with the attendance of three of the expelled gentlemen, anx- ious to do their will.


REGULAR MEETING, DISTRICT MEDICAL SOCIETY OF HUDSON COUNTY, N. J. February 4th, 1873.


Members present : Drs. Varick, Culver, Vondy, Reeve. Chabert, Buck, Lutkins, Morris. Buffet, Payne, Hunt, Craig, Watson, Talson, Miller, Benson, Hardenburg, Selnow, Wolf, Case, Viers, Prendergast, Gilman, Geisler, Bird, Avery, Abernethy, Mitchell, Morgan, McGill, MeLoughlin, Paul, McBride, Eddy, and Carpenter -- thirty-five.


Dr. Miller, the President, in the chair. P


The meeting was called to order by the chair, and the Secretary proceeded to call the roll, but was interrupted by the President, who objected to the call- ing of the first name on the roll, viz., Dr. Cornelison. The ground of the objection was, that Dr. Cornelison was one of the twelve recently-expelled mem- bers. P


The objection of Dr. Miller was met by a protest from Dr. Morris, who insisted upon having the name of Dr. Cornelison called, stating that the ex- pelled members referred to were reinstated by the passage of a motion, offered by Dr. Forman, at the regular meeting in Junuury, and that the Secretary was thereby OBLIGED to include the names objected to. P


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P Power of the President to dictate how the roll should be called .*


P Dr. Morris moved that the names objected to by the President be called.t


The chair having decided that the names of the twelve recently-expelled members should not be called, Dr. Morris tappealed from the decision of the chair. Seconded by Dr. Vondy.


The chair refused to entertain the appeal, declaring it " out of order." After some discussion between Dr. Morris and others, the chair finally stated the point of order, which was that Dr. Morris should have MOVED to appeal, instead of saying, " I appeal." Dr. Morris now MOVED to appeal from the decision of the chair, declaring that the names of Dr. Cornelison and others should not be called in the roll. Seconded by Dr. Vondy. A very excited de- bate here took place between Drs. Watson, Morris, Vondy, Culver and others, all order being lost.


Dr. Morris MOVED to suspend the by-law requiring the calling of the roll, and thus expedite business. Seconded by Dr. Vondy. Objected to by Dr. Culver. A vote being taken on this motion, it was lost .¿ P


Dr. Morris moved to go into a committee of the whole. Seconded. Re- marks by Drs. Watson, Culver, Morris and Vondy. The motion was finally withdrawn.


Dr. Morris moved that the Secretary call the roll as it stands on the min- ute-book. Carried.


The roll was now called, in compliance with the last motion, when the names of Drs. McDowell, Kudlick, Geisler tand + Lowenthal were objected to for non-payment of dnes.


The names of 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 were objected to by Dr. McGill, who wished his objection noted.§


The minutes of the previous meeting were now called for, when the Se- cretary stated that they were not in his possession, nor had they ever been. The Secretary pro tem. of the January meeting being called on for the minutes produced them and, by the direction of the President, proceeded to read them. Dr. Vondy objected to the minutes being read by Dr. McGill. Dr. Morris objected to the minutes, and requested that they be re-read in order that they might be corrected in detail. The chair declined to grant the request.| Dr. Watson moved that they be re-read in so far as they relate to the motion of Dr. Forman. Seconded and carried.


They were then re-read in part by Dr. McGill. + +


Dr. Morris moved that the minutes be corrected in detail. Seconded and carried.


+ Dr. Morris mored to correct the minutes, so that it shall be stated in them that " business was transacted between the laying on the table of Dr. Forman's motion, by the motion of Dr. Culver, and the motion to ' take from the table Dr. Forman's motion," which was declared out of order by the chair, on the ground that no business had been transacted. Dr. Vondy seconded the motion to so correct them, and, on a vote being taken, the motion was carried.+ +


Dr. McGill now continued the reading of the minutes. Dr. Watson here explained his views in regard to the action of the Society at its last meeting, especially in reference to its action upon the Forman motion. Dr. Morris objected to Dr. Watson's remarks, as being foreign to the subject under consideration, ¿. e., correction of minutes.


The chair decided Dr. Watson "in order," and Dr. Morris then appealed


* Underneath a small paster.


+ Covered with blank paster, which has been raised.


NOTE. All this is a paster, with four small pasters over it.


NOTE. That they were not members.


| A misstatement.


NOTE .- This motion was made, but was not carried. It is erased by cross scratchings.


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from the decision of the chair. The ayes and nays being taken on the appeal, it was lost and the chair sustained. Aves, nineteen ; nays, eleven, as follows : Ayes-Varick, Culver, Chabert, Payn, Watson, Talson, Miller, Benson, Wolfe, Viers, Gilman, Abernethy, Mitchell, MeGill, MeLonghlin, Paul, McBride, Eddy and Carpenter-nineteen. Nays-Vondy, Reeve, Lutkins, Morris, Craig, Hardenburg, Selnow, Case, Prendergast, Avery and Morgan-eleven.


Dr. Watson now continned his remarks, criticizing the Forman motion, strongly condemning it, and expressing himself most earnestly in opposition to it; quoting varions authorities to support his position. Ile also reviewed other acts of the Society at the January meeting. (The following is Dr. Wat- son's argument, in part :


Mr. President :


* * *


I desire to call your attention to the following facts : First. The motion of reconsideration is in violation of the Constitution of this Society, and, therefore, ought never to have been entertained. The moment the motion of expulsion was passed, and that fact declared by the Chair, the gentlemen to whom it referred ceased to be members. It now follows as a necessity that they must comply with Article V. of the Constitution, if they desire to be re-admitted ; as this is the only article in the whole Constitution relating to the mode in which membership can be obtained. The article reads as fol- lows :-


Article Five.


" Any practitioner of medicine and surgery, of acceptable moral and pro- fessional reputation, who is a graduate of a medical college, or a licentiate of a medical organization, either in affiliation with the American Medical Asso- ciation, or by them recognized as qualified to grant medical diplomas, shall be eligible to membership in this Society. Every proposal for membership accepted, shall be referred to a committee of three members, appointed by the President, that shall forthwith proceed to examine the eligibility of the candidate, and shall report thereupon at a subsequent meeting. The report received, an election by ballot shall be held, and a concurrence of three-fourths of all the members present will be required to admit such candidate. Upon admission, each member shall subscribe his name to the Constitution and By- Laws, and pay an admission fee of five dollars into the treasury ; he shall also pay twenty-five cents per month thereafter."


Gentlemen, at the last regular meeting of this Society, not only was the Constitution openly violated ; but parliamentary law suffered the same fate. It is true, Dr. Vondy has recently informed us, that we have nothing to do with parliamentary law. I regret sincerely to hear the gentleman give utter- ance to such sentiments at this time, especially as he, and those now acting with him, were formerly not only advocates, but sticklers on this subject. Why have we such a declaration now ? What does it mean ? Are we to un- derstand that in the future we are to be governed by mob law ? I trust not ! Permit me here to say that Parliamentary law is as binding on this Society as a body as is the common law of the land upon us as individuals. Have we an individual in our organization who would assert that the common law of the land is not binding on him ?


I think not, and I hope all may be found equally ready to render obe- dience to those laws governing societies, among the civilized nations of earth. 1 will now read to yon from Cushing's Law and Practice of Legislative As- semblies, page 508, paragraph 1276, the following law binding on this ques- tion of reconsideration : "It is a general principle, also, with regard to this matter, that there can be no reconsideration of an order, the execution of which has already commenced."


The motion of expulsion which you have pretended to reconsider was passed at a regular meeting of the Society, held October 1st, 1872, and the names of the expelled were published to the members of the Society within a


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few days of that time. The publication of the names ended the execution of the order ; it therefore follows there could be no reconsideration in this case. The motion of reconsideration was not made until the first Tuesday in No- vember, 1872, and failed to be acted on until the first Tuesday of January, 1873, when it was taken from the table ; whereupon Dr. Morris moved that Dr. Forman's motion be now aeted on. Carried.


Permit ine here to call your attention to this fact, that, although Dr. Morris's motion was carried, Dr. Forman's was not aeted on. I am willing to admit that Dr. Forman's motion should have been called up immediately after the preliminary motion was passed ; but here is a vital omission. The question may arise whether this preliminary one was in order or not. In an- swer to this I will read to yon from Jefferson's Manual, page 136, paragraph 5 : "When any motion or proposition is made, the question, ' Will the house now consider it ?' shall not be put, unless it is demanded by some member, or is deemed necessary by the speaker." Dr. Culver moved " to lay the whole matter on the table until the evidence on which the reensant members were expelled could be produced and re-read." Carried.


This was, the same day, taken from the table by a motion of Dr. Morris, in violation of parliamentary law. The first violation here consisted in at- tempting to do what we had just agreed by vote to leave undone until certain conditions could be complied with ; and this was done without a reconsidera- tion of Dr. Culver's motion.




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