The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-09-11
NOT BOUND TO SECRECY
Legal Status Of Professional
Men Defined
Notes.

Inc question now lar doctors, law
yers, olergymen and other professional
men are bound to secrecy, says the
New York Sun, has long been an in
teresting one, and must remain SO I'M
til it is finally determined. Cases in
volving it are constantly arising in the
courts.
One Of this character arose in England
about three years ago, and attracted
wide attention. Mrs Kittson sued her
kinSman, DIR. Playfair, and recovered
@ verdict for $50, 900 damages, and the
basis Of her complaint was that he had
violated the professional confidence
which she had reposed in him, and
thus brought about trouble between her
and her husband. The allegation was
that DR.. Playfair, having been called
in to treat her, became convinced that
she had been untrue to her husband,
who was at that time in Australia
This conclusion he told to his wife and
also to Mrs. Kittson's father-in-la
Unfortunately for the settlement of the
legal rights of the physician in such
matters in England, the case was COM
plicated by considerations of the fami-
ly relationship of DR.. Playfair to the
plaintiff and her husband and the deci-
sion Of the case turned upon other
points than that of the professional
duty of the physician.
The uncertainty regarding this mat
ter in England also exists in a number
of the states of the union. In. this
state the matter appears to have been
very clearly DECIDED, although it has
been brought up rather in side issues in
many cases than as the main issue in
any case that has attracted public at
tention.
There is an impression among profess
sional men and Others" said man who
has studied the subject, "that the law
in this state prohibits professional
man from disclosing to any one, even
his wife, the secrets he learns while
practicing his profession This is a
mistake. The ethics of the professions
require that doctor, a lawyer or a
minister shall carefully guard all such
knowledge from the world, but the law
makes no such requirement. The law
merely prohibits him from disclosing
such matters upon the witness stand"
The case of the Pope Manufacturing
company against the city of Providence
which was brought to recover for BIZ
cycle claimed to have been sold to the
city, has been referred to the appellate
division on technical points. The
committee on health department Of the
board OF aldermen, sitting as a board Of
health, voted that the superintendent of
health purchase bicycle for not ex-
ceeding $50 for the use of the health de-
partment.
The bicycle was obtained from the
plaintiff and delivered to the inspector
of nuisances Of the oity of Providence.
The bill for the bicycle was approved
by the committee, but failed to receive
the approval Of the auditor, who refer
red 1t to the committee on accounts and
claims of the city council, which COM
mittee reported it to the city council
without its approval, and the city coun-
ell voted that the bill be indefinitely
postponed
The defendant claimed that the city
council alone has the right to expend
the money of the city, and to provide
how 1t should be expended.
No contract was made and the com
mittee on health department had no au-
thority to expend money, it was held
For the city 1t was further contended;
1T is well known principle of law
that all persons contracting with a mu-
nicipal corporation must at their peril
inquire into the power Of the corpora
ton or of Its officers to make a con-
tract. In the absence of such power or
authority as in the present case it ia
respectfully submitted that Judgment
should be entered for defendant for
costs"
The New York, New Haven & Hart
ford Railroad Company has been sued
by Elbridge g. Allen formerly superin
tendent Of the Old Colony system. for
damages on account Of his claim for
alleged unpaid salary
Mr.. Allen bases his claim on an m
derstanding he says he had with the
company whereby he was to be com
pensated at the rate Of $4,000 a year
for his services as superintendent Of
the Old Colony system. When he as
sumed that position, which was an en-
largement of the duties and authority
he had sustained previously, he was
actually paid $4,000 per annum.
He thought that he should have SO
600, and had some conference with
President Clark on the subject, and he
asserts that the president guaranteed
that the question would be satisfactor-
ly arranged and the balance OF $4,000 per
year turned over.
The company claims in part defence
to the suit that certain rolling stock
was purchased of Mr.. Allen at prices
much higher than what was actually
their actual valuation. Mr.. Allen
claims. however. on that point that ar
bitrators fixed the amount which was
paid for such stock.
I From Trenton comes the story that a
new trust is to be formed in this state
Of many charters for combination of
capital. The new trust is to be com