New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-11-13
REMODELING THE MEDICAL LAHS

INDIGNATION AROUSED AGAINST THR ABoR-
TIONISTs AND DIPLOMA MANUFACTURER
PLANS FOR OBTAINING NEW LAWS PUEIsH-
ING BOTH CLASSES OF CRIMINALs-vIEWS
OF LEGAL AND MEDICAL AUTHORITIES.
The recent exposures of the terrible preva-
nce Of the crime Of abortion have at last awakened the
proper persons O Of their duty to the public In
the matter Of insututing legislation to remedy the evil
Although highly honorable class, legitimate medical
professors extremely slow to take any action against
those claiming 10 be Of the profession Aroused
by the appalling disclosures of THE TRIBUNE
which have recently agitated tho community
few leading physicians have, however, lately
had the subject under consideration and by the advice
of Judges Bedford Hacket have concluded to urge
the passing new laws at the next session Of the Legs
ature When the subject first discussed In con-
necton it'll the Rosenzweig affair, agreement could
be reac Cd either among tho physicians or the lawyers
as to the to pursue the differences OF opinion
being upon the ACCESSIBILITY Of constituting the crime Of
abortion murder and rendering the perpetrator liable TO
capital punishment At the last session Of the Legisla
ture bill making the ofcnse felony, punishable by
Imprisonment for term Of not ess than seven years.
defeated that the increase Of the penalty to CAPT
tai punishment seemed more unlikely Of attain
On the other hand 1t alleged before the Med
icoLega Society Of this city that the defeat OF the bill
owing to obnoxious section which provided for
punishment OF the newspapers which published the
advertise ments OF the aborOnsts After mature DELHI
Grafton, no Scver, the association referred TO has
determined again to press the passage of q similar
law, leaving tho crime as mansaughter In
the second degree, and rendering it punish
able by Imprisonment for not less than four years. The
term of punishment will thus by the proposed law be
left to the discretion of the court that in asgTa
waited case, the offender may be sentenced for life.
To ascertain the views Of the legal gentlemen who have
been acting inYconnecton with the MedcoLegal So
cety, reporter Of THE TRIBUNE called at the Dis
trct- Attorneys Office. Judge Garvin, upon learn
ing the object Of the visit, emphaticauy affirmed his
opinion that the crime OF abortion should be constituted
murder In this opinion he not supported by his
sistant COL Fellows who believed that the Ofense
not legally murder, Icing committed with the consent
and cooperation Of tic IN the second place Col
Fellows was Of the opinion that to so constitute tie
crime by law would defeat the OF justice BY render
ing conviction in such practically impossible. Tie
thought that jury could be brought to agree upon
such where the capital punishment OF the Offender
Judge Bedford contends that the circumstances de-
mand strong action and that his influence would always
be cast favor of Furnishing the abOrhOnis with great
severity In his judicial declaration however, which
to the I'm aat he was IN s yos pHs
sion than he had intended for the purpose Of terrifying
eS meetings. the dice eceey Of which
he was member and was in favor Of the Law PropS
were attendant and mitigating circumstances n IN
der the death penalty unjust while acgrittal
Judge would If the penalty left indefinite as in the
proposed law, he permitted 10 make distinction be-
beginner in the horrible profession and ono
hardened the abOminabe practice He did not tn ink
Zweg, and therefore OF the opinion that extreme
should be enacted Dr. Rogers President OF the
MedicOLngal Society, informed THE TRIBUNE reporter
that no definite action of the Association had YET been
taken in regard TO the matter although the law as stated
above, had been agreed upon.
| In connection with the same matter the Society In
tends urge another reform i'll the medical laws OF the
state. The shameful traffic IN collegiate hOnors and
| TIE TRIBUNE, had, DR.. Rogers stated attracted
| the attention Of the fraternity ut large and
| the Society had discussed the subject ut length.
As In the OF the abortion business, 1t mad been
very difficult decide upon remedy. 1t had been pro-
posed raise the standard OF the medical profession to
exclude all incompetent persons from the profession,
aud prive them Of the right to practicc by means Of
legally authorized Board Of Examination which should
decide upon all candidates for physicians surgeons,
This pan however, met with considerable opposition
In any way the preensiOns of those educated in
other schools OF medicine The theory OF practice upon
which the candidate should be examined was another
stumbling block. Although the question Is as yet UNI
the Society that the plan mentioned above
Will be adopted, and the proper legislation 10 put
1t into operation brought before the State A.
Bemhly at next session The idea OF excluding edu
Gated men of any established school OF dcinc has
been abandoned, and the question OF examination
ranged the following plan: The candidates 70 DO eX-
ahmed in the general principles Of physiology anatomy,
and hygiene by board composed Of members Of the d
fren schools and In the theory and practice Of medicine
Therapeutics &C. the school III which the indi-
vidua has been educated This plan 1t Is Thought Will
be accepted by all honorable and Intelligent physcans,
although few Of the most conservative sta hold out
against the slightest recognition Of what termed the
modern schools OF medicine.