New-York tribune., 1901-02-20
WAR OF MEDICAL SOCIETIES.
STATE ASSOCIATIONS ORGAN ATTACKS
THOSE WHO HAVE QUESTIONED
ITS LEGAL STATUS.


An article which contains some vigorous ex-
presssions about persons who have questioned
the legal status OF the New-York State Medical
Association and which is thought by some per-
sons 20 be an attack the Medical Society OF
the State of New-York. appears in the February
number of the official organ Of the former The
New-York State Journal Of Medicine" The arti-
Gle refers 20 the decision recently rendered by
the Appellate Division Of the Supreme Court
unanimously confirming the Judgment OF Justice
McAdam that the New-YOrk State Medical AS
ISOLATION is the legal representative OF the Aer-
can Medical Association in this State. and that
ii has every right % secure the enforcement OF
the medical laws Of the State. and is. moreover
. entitled TO the fines collected in cases against
illegal practitioners. etc. set forth in the
statutes Some Of the expressions in the article
which are dispeasing to people actively inter-
ested I'm the welfare Of the Medical Society Of
the State are as follows:
We hone this judgment of the supreme , court, Court
stop the dgrgn;led few who are sai2aSM Medca 3I 5n
Association from attacking it's legal status.
Several members Of the State Medical Asso-
citation said last night 10. Tribune reporter
that they thought that the reference in the arti
Gle about the disgrunted few who have been
questioning the legal status of the association
did not apply to any action Of any member of
/ the Medical Society. one of these persons. DR.
Emil Mayer. Of No. - East Seventy ty-seventh-st-.
/ who is the second vice-presdent Of the Medical
! Association. said that it was directed, IN MS
{ opinion at the people who force the association
! to employ counsel AT Albany to see that no bills
become law that not in the interest of public
Z health and that would give people the right TO
practise medicine in this State who are not
qualiied Ia do
DIR VAN FLEETS VIEWS.
These views Of the article not in accord
with those held 10y Or Frank Van Fleet, who is
chairman of the Board Of Censors OF the Medical
Society and chairman of its Committee on
! Legislation. The latter committee drew up the
/ act ic amend the State medical laws. which is
Familiarity known as the Bell Medical hill.
The article" said Or Van Fleet. lis an at
1 tack on the Medical Society The minority
members Of the state Medical Association have
a long standing hatred for the State Medical
Society: they are the small fry Of their associa-
ton. The leading men OF the Medical Associa-
tion are men q recognized ability and stand
/ hirh IN the medical profession They and many
| others Of the Medical Association have no spite
| for the Medical Society: in fact. many "f them
are members Of both organizations. There is
| desire on the part ~ these men tn bury the
! differences existing between the two orFaniza-
| tions which are mainly regarding a policy or
1 hs president
| pressed himself 20 me the other day The small
! fry ~ the association. however are constantly
| stirring The pot ~ dissension. It would he
| be+ter for eyervbosv IL they were dropped into
| the sea The article clearly shows that venom
| rankles in tho breast - the man VINO Ntole II
IL violated the ie Of ethics % his profession
| inaslnuch a. he did not act like gentleman
| Is the report true that 0vertures have been
! Medical society and the Medical Association!
| was asked
1 think the day H. not far distant when the or
| ganizations MiU bc one. This viii not be. how
| ever until the members OF the organization are
in favor ~ code Of ethics embodying the spirit
| Of hberaity 10 OH egal practitioners.
| DIR. Van Fleet thought the Medical Association
had broken faith with the state Legislature 10y
It's efforts 70 enforce the medical laws he
said that the Medical Association obtained A
charter from the Legislature last year. and that
the original form II the charter gave the ass"-
citation the right To enforce the medical laws
The charter IN its original form was not aC-
ceptable 70 the legislature said DT. Van Fleet.
'on account % the clause about the right 20 en-
force the medical laws. The association was
told. al least some members Of the Legislature
said. that the charter would be granted II this
clause was eliminated The clause was taken
out and the charter was then granted
Regarding the question whether not the
Medical association had broken faith with the
| Le-islatUr" Dr. Emil Mayer said last night: !
| know Of mo- such clause having been stricken out
II the charter before II could De- passed. IL the
LEGISLATURE did not want 20 ., ant 20 rs the right
TO collect fines imposed on persons committing
infractioHs Of the medical laws. IL would have
said 50. am sure. In the charter that n granted
To the association. A. 10 the right ~
the association To collect the fines and enforce
the medical laws, I think that - best an
swered 10y the decision Of the Justices
Of the Appellate Division - the Supreme
Court in the Of the CITY Of New-York
against the New-York state Medical Association.
They fully realized that the association was
working for the common veal. suppose that
there are some people who Jealous Of the
success Of the efforts of the association to decide
its right - collect fines imposed on people break
ing the medical laws. But We can't stop IN
pay attention TO the little dogs bark
DIFFERENCES OF LONG STANDING.
The differences on a code OF ethics between the
Medical Association and the State Society OF
long standing. In 1s06 the State Legislature
passed an act TO incorporate medical societies
for the purpose Of regulating the practice of
physic and surgery. The New-York State Med
ical Society formed in that year under that
act Special medical acts were passed in ls1i
and 1852. and these acts conferred upon the
I homeopathic medical school the right 10 or
ganize under the Of lSNS. Under the laws
1 Of 1850 the Eclectic Medical Society also Oh
tanned the right To organize under that act
! In 1879 a general club and association law was
passed by the state Legislature. II Is said that
the New-York State Medical Association was
formed under this Law. The association was or
( ganfzed February \. 1871. and ITS new charter
WAS granted on April IL. 1900
some people have Contended for long time
I that the act under which the association was or
/ ganized did not confer on il the right possessed
( bv the other medical societies Of this State In
I regard 20 the enforcement of the medical Laws
/ and the right 10 collect fines for infractOns OF
Z those laws When the association sought to col
lect fine some time ago. its right To do 50 was
: I questioned by Controller COer and the case was
! ! referred to Corporation Counsel Whalen. He
took the case before Justice McAdam. and then
to the Appellate Division ~ the Supreme Court
II Is said that the Medical Society in lSS9 abOl-