Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-04-23
PAYMENT OF EXPERTS.

PAYMENT OF EXPERTS.
The case of DR.. Mays of San Francisco
has excited considerable interest, and has
led our contemporary, the Morning Cal OF
that city, into expressions that we cannot
believe are Endorsed by those who have
thought most deeply upon the subject.
The case is simply stated. The Doctor
was for some years physician at the
Stockton Insane Asylum, where he gained
good reputation as an expert in judging
Of the various evidences and phases of in
sanity. While in the employment of the
State he was well paid and in return gave
good service. Upon leaving the asylum
ne engaged in private practice. He is
now called upon, on the demand of persons
charged with crime, to respond to the sub
penas of the Courts, and to travel to
distant parts to testify as an expert in cases
where there is a plea of insanity. He re-
spends to the subpoena, but as condition
precedent to testifying demands the ex-
pert's fee, and refusing to testify without
assurance of its payment, he is locked up
and fined for contempt. His case, there
fore, is an excellent one with which to
illustrate the issues ;nvolved-the State
could not have a stronger one III its behalf.
Our contemporary, the Call, inclines to the
belief that the Doctor is entitled to no
more consideration than one who is called
upon to give the State his knowledge of a
fact as means to the ends of justice. 1t
need have no doubt on that head. The
physician is entitled to no immunities or
rewards superior to those that are the due
OF any other citizen in proportion to the
value of the service rendered. But
our contemporary is in error when
1t advances the argument that the
physician should contribute, without
pay, from the capital and material
of his business, because other citizens
must serve as jurors, respond to subpenas
to testify to facts within their knowledge,
serve on posses, and, In need, do duty in
the army. So far S all these and similar
duties Of citizenship are concerned, the
physician has no absolute right to exemp-
ton any more than any other citizen. He
must sacrifice his time and business in
common with others to testify to facts that
nave come within his knowledge and that
the Courts determine to be essential to the
administration of justice. 1t is a very
different case when the witness is COM
manded to contribute. without due COM
pensatien by the State, service which is
ais capital in business, his skill acquired
after long apprenticeship and at great out
lay. If the medical expert must bring
mis- tools of trade into Court and give the
State free use of them, and himself use
them at the command of the Courts, by
parity Of reasoning the rpenter should
not complain if asked to come into Court
and construct building, bringing his tools
and supplying tie material at his own
cost. According to the same reasoning
the chemist who has acquired great skill
after years of laborious research, can be
compelled to come into Court and
make an analysis without due
compensation, and forsake his daily
vocation to serve the State for
song. The newspaper reporter who is
skilled in photography can be compelled
to stand up for days in Court and read
IRON his private notes, that are the result
Of acquired skill and personal industry,
and to which the Court, we contend, has
not the right Of access without compensa-
ton. Some Of the Courts have, however,
compelled reporters to leave their employ !
nent and for days serve the State in that
manner for the pittance that is allowed
the man who testihes 10 simple matter
of fact. On the other hand, and opposed
to the doctrine of the Gail that the State
may take the citizens intellectual prop
erty or manual skill without other reward
than the witness fee, we have the decisions
OF three departments of the Superior
Court in San Francisco that have held in
favor of the experts fee and have required
It's payment in reasonable amount, in
cases of physicians and experts in pen
znanship as a condition precedent to testi
fsing. Take the case of DIR. Mays. If he
may Justly be compelled to serve week
in San Bernardino in the practice of his
profession for the State, to the abandon
ment of his practice in San Francisco, he
can the next week be called to Nevada TO
the next to some other county, and SO on
the year round, TO the utter abandonment
and ruin Of his business. The illustration
applies as well for any other skilled man.
The State should no more take the skill
of citizen without compensation than il
would his tangible property. The State,
with as much jnstness, can compel the
witness to part with his household goods
for public use without compensation as to
par; with that by which he gains his live
lihood without satisfactory recompense.
Except when martial law supersedes the
law Courts, it has not the right, in justice,
to do either.
THE Alta charges the RECORD UNION
with unfairness in laying the Clayton muir
der at the door of the people of the State
of Arkansas. 1t contends that with as