Year: 1877

The Fairmont Inde1 is Indignant at
the refusal OF two Wheeling physicians
to testify as experts in the case OF the
State against Cartwright in the Circuit
Court OF Marion county, without COM
peAsatlon. The position taken by the
physicians in this case raises some very
nice questions as TO the position the med
icsl fraternity occupy towards the public.
The motion of the counsel for the de-
tense was to compel the physicians to tes-
lify, but this motion was overruled by
the court, and the counsel saved thler eX-
ception. The Two physicians in ques.
tion took the position that 1t WAS through
years of study, costing them time and
money, that they became experts
in their profession, and consequently that
the courts had no right to exact their
services in this respect without gusrsn-
teeing an ample remuneration. In this
position they are sustained by the med-
cal society of Ono county. Arguments
may be found to support both sides OF
the proposition. The medical profession
IS very old one; there were doctors III
the early ages OF the world; they may
not have been regular graduates, but still
they were doctors. They we're known as
a class of medicine men. At least it was
so rs early as the reign Of the Pharoahs.
But from that time down through al. sue
ceeding history there is no evidence that
the profession was ever close corpora
tion. AS Ass they have been more useful
to the race than any other profession;
and because OF their services AID intimate
relation to the great mass of the people,
they are more influential Yet it has
never been contended, 50 fs7 as We know,
that they were ever accorded exclusive
privileges.


1t is submitted that II physician ac-
Quires his profession by his own Isbor
and his own money, and that consequent.
ly his profession is his property. So is,
and no one will dispute the title. He has
right to exert or Withhold his medical
skill as seems best to him. He has the
same right to be the judge OF bis conduc'
in his profession that the lawyer, the
minister or the journalist has. So has
the carpenter his trade is his property
But when human being has been buried
beneath mass oi rubbish, of all the cro"d d
who gather to the scene of disaster car.
pentcr Ia the Only one who, from the
skill he has acquired in his trade, can
remove the debris quick enough to save
the lie OF the individual, it is not so
much u question with him as to the value
of his services AS an expert, rs II Is a
ou.suon OF humanity. He has an abso
lutte right TO stand with his hands folded
and let his fellow creature suhJcate be-
meath the ruins, unless some friend vii,
step forward and guarantee ample COM
pepsation for hi. services. There is but
one power to compel him to use
MS skill and that is the prompt
ings Of humanity. SO we think that
the court decided properly when accord
ing to the physicians the right to re-
serve their services as experts until they
were paid for it, and the resolutions OF
the medical society only reatiirmed an
unQuestiouable fact. In this particular
instance the value of the testimor y o
he physicians to the prisoner IN case
wherein his lite Is at stake, is not mat
ter for public criticismi The only ques-
lion before the court was rs to the legal
power to compe! the testimony to be
given; It's value, if given gratultous y
WAS to be determined by the doctors
themselves, and the assumption }, that
their conduct was regu ated by their
own convictions as TO what was humane
in the premises.