The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-10

Progress Of the Medical RevolutiOn---Eur-
ther Proceedings OF the Faculty OF the
rsity Medical school----FutIle ut
tcmpts to control the Press.
The recent extraordinary conduct Of the Faculty
of the University Medical School has excited the
greatest establishment amongst the members OF the
profession and the public insgeneral. Their last
false STEP that of annihlang the Surgical Clsnique,
has aroused the unanimous Indignation OF the stu
dents, who justly complain that they are thus
cheated out Of the principal advantages which they
expected to ENJOY in pursuing their studies here
Numbers OF them think of returning to their homes,
and il requires no great effort of imagination to
conceive the disastrous effect the fortunes OF the
School, which their indignant complaints will pro-
duce throughout the Union. The school has no ia
cilities of hospital instruction under It's CONTROL and
now that the Cinique which in a great measure OBJ
waited this barrier the utility and success OF the
Institution, has been ruthlessly abandoned, we
really cannot but fear the most unfortunate denoue-
ment.
"The Captain Of the deck" has commenced a
legal warfare against the Lancet and in order that the
public may be fully informed of every step in this
extraordinary course, we publish the following
docursents:-
THE PEOPLE THE STATE OF New York, TO JAMES A.
-, We command you. That you personally sp-
pear before our Chancellor in our Court OF
Chanee,y on tn, s;S d,y January S instant
swer bill of complaint exhibited against you in our
said by Valentine Mott and to do further and re-
ceve what said Court shall have considered in that
behalf and this are not to omit under the penalty
of two hundred and fifty dollars.
Witness, REUBEN H. WALwoRrH, Chancellor OF our
said State the city Of New York, the eighth day of
January in the year Of our Lord one thousand eight
nun''e0 Hi HIRAM AM wXLwoRTH, Assistant Register
d. GRAHAM, Jr. Solicitor
Ats Court of Chancery held for the State Of New York.
at the City Of New York. oil the eighth day Of Jan.
uary thousand eight hundred and forty two-Pre.
sent, REUBEN ii. WALwoRTH, Chancellor.
palentne Mott vs. John a. 4o,sston.-On reading and
films Compliments Bill Of Complaint in the above
entitled duly verified together with the certificate
of hurry Hoffman, Esq. Assistant Vice Chancellor al
lowing Injunction to issue according to the prayer
of the said BILL upon the Com ants filing Bond in
the penal Of FIVE hundred dollars duly acknowledged
or proven and duly by Assistant Vice Chan
ceor upon, however, the Complanants Solicitor en-
dorsing upon the Bill that the defendant may
il he SO elect have the in controversy heard be-
fore the bill bill and afdavts on the twelfth
day Of and disposed o. Dy me-
of such election tho Compliments Solicitor on or be.
fore the 10th instant and on filing such consents endor
and execution above prescribed and on motion of Mr.
D. Graham Jr Solicitor for the said Complainant order
ed that Injunction issue to the prayer OF the
said bill.
Assistant Register.
The pxorLK OF THE STATE OF Nsw Yoax, TO JAMES A;
Housror and to printers publishers, sgents and
servants, each and every Of misunderstanding
49, Whereas it has been represented to us, in our
g. Complainant, that he hath lately exhibit ed his
~ Bill Of Complaint in said Court Of Chancery,
Houston, to be relieved touching the matters therein
complained of in which bill it is stated, amongst other
the said The Eaters
forth in the said BILL and that actngs and dongs
in the premises are contrary to equity and good con-
the particular matters in the said bill set forth, do
strictly command you, the said James A. Houston and
the persons before mentioned, and each and every Of
you under the penalty Of ten dollars to be lev
ted lands goods, and chattes to our use that
furnishing or preparing for publication permitting to
be published in the periodic al in the said Dill
called the New York Lancet" or in any other way or
manner any report or reports Of the lectures Of the said
complainant the operations OF surgery, with surgical
nianant between the second day of November ls and
the thirdd of January 1912 and from vending dsPos
ing Of circulating any pOroh 81 s%eh a lee
from parting with or destroying all or any OF me
of the said lectures, now in the possession OF YOU the
said james A. Houston, until the further order OF our
said Court Of Chancery.
Witness, RruBKr II. wALwoRrH, Esq, Chancellor of
said State at the city Of New York. the eighth day
of January, one thousand eight hundred and forytwo
HIRAM SIS WALwoRTH Assistant Register.
d. GRAHAM, Jr. Solicitor.
&c the Captain of the deck and the Faculty
intend to pursue. But will such course be
tolerated1 Is it to be supposed, for one mo-
ment, that any man, or body OF men, shall De
permitted TO institute censorship of the public
press The same game has been played in London
and Dublin, and the press has most signay tr-
umphed Mr. Abernethy, the eminent English sur
geon, instituted legal proceedings against the Lon
Jo,J in IN Il DlbllCatlOn O
balm reports ofhis lectures, but 1t was decided that
public lectures, when delivered, became the proper
ty Of those who purchased, or obtained right TO
hear them, and that persons who thus attended on
them could sell, print, publish or Ia any way dis
nose of their notes of such lectures In Dublin the
same question was tried, in in which the pro-
prietors of the g Medical Press were defendants,
and the result was similar verdict, IN their
favor "The Captain of the deck" In his
Bill which he has filed in the Court OF Chancery,
assumes the ground that he prevent the
Indication of his lectures because they are his
exclusive property. They are no such thing.
Hesells them TO his students twenty dollars head.
His students can take verbatim notes of them, and
sell. print publish, or dispose of them as they
please
| Dr. Houston attended those lectures in two dis
! tinct capacities, the one the agent OF DR.. Mott,
| and the other as a graduate in medicine legally en-
| titled TO attend and make what Use he pleased OF
these public lectures. In the former capacity he full
| filled his engagement until DR.. Mott ordered hun to
desst and so violated his part oil the contract In
the latter, DR.. IL. was fully justified in making
whatever use he pleased Of the lectures, whether OF
reviewing them in public journal or otherwise But
at all events the alleged contract between Drs Mott
and Houston, is a matter entirely distinct from the
publication of his ectures in the Lancet The proprie-
tors of that journal have undoubted right to publish
the lectures of Dr. Mott, those of any other pub
lie teacher. These lectures do not belong TO Dr.
Mo,-they are the property of the public-pald foi