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tice to each member for either of this class of meetings, such method must be adopted in calling them, but where there is lacking any specific provision in the by-laws stating the method of giving such notice, the law seems to require that actual notice in some form, specifying the date, place and hour for holding such meeting, must be given each member, where at such meeting it is contemplated or desired to make any disposition of the privileges or rights in property of the individual members of such corporation.

From an examination of the By-Laws of The New York State Medical Association there appears no provision in the By-Laws for the service of a notice for the calling of special or annual meetings. It is necessary, therefore, that so far as possible each member should be personally served with a notice of the meeting. Where, however, a member is absent from the State, or evades service of notice, or for any other reason personal service cannot be made, then notice of the meeting should be left at the last known residence of such member with some person of mature age residing there, and a copy of the notice mailed to the member by registered letter to his last known post-office address within or without this State.

There seems also an absence of a provision in the By-Laws with reference to what number shall constitute a quorum so that business of the Association can be legally conducted, and in view of this fact, in order that business may be properly conducted, a majority at least must be present.

It is oftentimes difficult in membership corporations to secure the attendance of a quorum, which in all cases must be at least a majority of the entire membership, unless otherwise provided in the by-laws, but where any question of importance is contemplated or where the legal right of the Association to pass a resolution may be questioned, the actual physical presence of each member may be substituted by such member sending to any person or persons his proxy, duly witnessed, either couched in general terms or specifically stating in what direction or for what purposes the proxy is to be employed or exercised, which proxy must be filed with the Association.

Personal service of the notice of a meeting may be acknowledged or admitted, when the same has been mailed, thus obviating in many instances the expense of the service personally, but upon those who fail to admit personal service such personal service must be made and proved by affidavit, and when personal service cannot be made, then substituted service as hereinbefore defined, must be made and proved by affidavit.

Respectfully yours,

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DISPENSARY LAW.

Confidential information having been received by Dr. E. Eliot Harris, chairman of the Committee on Legislation, that many dispensaries have disregarded the rules and regulations made by the State Board of Charities, as provided in Section 21 of Chapter 368 of the Laws of 1899, known as the Dispensary Law, i. e., upon submitting the matter to the president of the association, Dr. J. Riddle Goffe, the chairman of the Committee on Legislation was authorized by the president to begin an investigation of the practical working of the Dispensary Law, with power to cooperate with any committee of the State Board of Charities and any committee of the Charity Organization Society with the object of securing the proper enforcement of the Dispensary Law.

is pleased to announce that Mr. James Taylor The chairman of the Committee on Legislation Lewis, counsel of the State Medical Association, has volunteered his professional services to the Committee of this Association.

Dr. Harris appeared before a sub-committee of the State Board of Charities on April 20th, and was assured of the cooperation of the Committee on Dispensaries of the State Board of Charities, of which Dr. Stephen Smith is chairman. The joint committee will go over the whole dispensary question in the hope of securing a more thorough cooperation on the part of the dispensaries to carry out the spirit of the law, which is declared plaints in regard to the abuse of dispensary charto be in harmony with modern sociology. Comity will be gladly received by Dr. E. E. Harris, 64 Madison avenue, as they will aid him in his work in the joint committee.

BILLS BEFORE THE LEGISLATURE.
Introduced by Senator Brackett.
AN ACT

To amend the code of civil procedure, relative
to the disclosure of information acquired by phy-
sion of crimes, of which children under sixteen
sicians and nurses tending to show the commis-
have been victims.

. . . unless, where the patient is a child under indicates that the patient has been the victim or the age of sixteen, the information so acquired subject of a crime, in which case the physician or nurses may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of such crime is a subject of inquiry.

Sec. 2. Nothing in this act contained shall affect any actions or proceedings now pending. Assembly Bill No. 1,844, introduced by Mr. Platt.

AN ACT

To amend the public health law, relative to the manufacture and sale of patent or proprietary medicines.

Sec. 218-b. Patent or proprietary medicines; formula to be filed; when sale prohibited.-The

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To amend the Penal Code in relation to crimes against the public health and safety.

Selling poisons without labeling and recording the sale. It shall be unlawful for any person to sell at retail or furnish any of the poisons named in the schedules hereinafter set forth, without affixing or causing to be affixed, to the bottle, box, vessel or package, a label containing the name of the article and the word "poison" distinctly shown, with the name and place of business of the seller, all printed in red ink, together with the name of such poisons printed or written thereupon in plain, legible characters, which schedules are as follows, to wit:

SCHEDULE A.

Arsenic, cyanide of potassium, hydrocyanic acid, cocaine, morphine, strychnia and all other poisonous vegetable alkaloids and their salts, oil of bitter almonds, containing hydrocyanic acid, opium and its preparations, except paregoric and such others as contain less than two grains of opium to the ounce.

SCHEDULE B.

Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum viride and their pharmaceutical preparations, arsenical solutions, carbolic acid, chloral hydrate, chloroform, corrosive sublimate, creosote, croton oil, mineral acids, oxalic acid, paris. green, salts of lead, salts of zinc, white hellebore or any drug, chemical or preparation which, according to standard works on medicine or materia medica, is liable to be destructive to adult human life in quantities of sixty grains or less, and such. other poisons as the State Board of Pharmacy, under the authority given to it by the public health law, may from time to time add to either of said schedules. Every person who shall dispose of or sell at retail or furnish any poisons included under Schedule A shall, before delivering the same, make or cause to be made an entry in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and the quantity of the poison, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such books to be always open for inspection by the proper authorities, and to be preserved for at least five years after the last entry. He shall not deliver any of said poisons without satisfying himself that the purchaser is aware of its poisonous

character and that the said poison is to be used for a legitimate purpose. The foregoing portions of this section shall not apply to the dispensing of medicines or poisons on physicians' prescriptions. Wholesale dealers in drugs, medicines, pharmaceutical preparations or chemicals shall affix or cause to be affixed to every bottle, box, parcel or outer enclosure of an original package containing any of the articles enumerated under said Schedule A, a suitable label or brand in red ink with the word "poison" upon it. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.

No. 2,156, introduced by Assemblyman McManus. AN ACT

To provide for the treatment of persons, residents of the City of New York, male and female, in the City of New York, who are habitually intoxicated or who are found guilty of intoxication or who become incompetent or dangerous from the use of alcoholic stimulants, opiates or drugs of any description, as follows:

No. 937, introduced by Senator Fitzgerald.
AN ACT

To regulate the practice of kinesipathy in the
State of New York.

Sec. 15. The word or term kinesipathy in this act shall be understood to mean and embrace the manipulation or movements applied to the human body by hand or mechanical contrivances and including such procedures known as massage, therapeutic gymnastics, Swedish movements, mechano-neural therapy, somatopathy, seismotherapy, vibration, vibrassage, or under any other hereafter be invented or applied to signify and names or terms now employed or which shall cover some method or procedure for applying manipulations or movements for above purposes. Sec. 16. This act shall take effect immediately.

AN ACT

To amend section one hundred and sixty-five of the agricultural law, entitled, "An act in relation to agriculture constituting articles one, two, three, four and five of chapter thirty-three of the general laws."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and sixty-five of the agricultural law, entitled "An act in relation to agriculture constituting articles one, two, three, four and five of chapter thirty-three of the general laws," is hereby amended so as to read as follows. Sec. 165. Definition of adulterated or misbranded food. In the case of confectionery, an article shall be deemed to be adulterated if it contains terra alba, barytes, talc, chrome yellow, or other mineral substances or poisonous colors or flavors, or other ingredients deleterious or detrimental to health. In the case of food an article shall be deemed to be adulterated:

First-If any substance or substances has or

have been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength, so that such product, when offered for sale, shall deceive or tend to deceive the purchaser.

Second-If any substance or substances has or have been substituted wholly or in part for the article, so that the product, when sold or offered for sale, shall deceive or tend to deceive the purchaser.

any

Third-If valuable constituent of the article has been wholly or in part abstracted, so that the product, when sold or offered for sale, shall deceive or tend to deceive the purchaser.

Fourth-If it contain any added poisonous ingredient or any ingredient which may render such article injurious to the health of the person consuming it.

Fifth-If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

Sixth-If it consists of any slaughtered game, animal, poultry or fowl unless the carcasses of such slaughtered game, animal, poultry or fowl shall have been divested of its lung tissues, entire digestive and intestinal tracts, gall receptacle, craw, and gizzard lining, within forty-eight hours after its slaughter.

Sec. 2. This act shall take effect immediately.

J.T. LEWIS ON CORONERS.

Expects to See Office Abolished at Last, He Says. James Taylor Lewis, counsel for the New York State Medical Association, which has led the fight for the abolition of the office of coroner in this county, is much encouraged at the outlook for the success of the crusade. He has high hopes of the passage of Senator Elsberg's bill, now pending at Albany, which would put an end to the obsolete "crowner's quest." Speaking of the efforts to abolish the coroner's office, Mr. Lewis said:

It was the public criticism of the acts of the coroners in office which originally brought to the attention of the medical men the conditions present in greater New York, and which especially urged the County Medical Association of this county to appoint a special committee to investigate the plans in use in the State of Massachusetts, Connecticut and Rhode Island, as well as the systems which had been after several years established in the cities of Vienna, Berlin and Paris.

As a result of this study and research, a bill was framed in 1903 by this committee, and was presented in the State Legislature by Senator Elsberg, who has continued to foster the measure through its various stages of development.

Suggestions have been received from many sources, many of which had been adopted even up to the last moment of the report of the bill from the Cities Committee, and it is believed now that the plan provided for in this bill is a complete, practical working plan, substituting for the office of coroner a bureau in the Department of Health of this city, whereby the scien

tific and accurate immediate cause of death can be ascertained without the possibility of criticism and unsatisfactory results which have made the office of coroner a laughing stock in our community.

At a recent meeting of the committee of the County Medical Association, held at the Bar Association, final suggestions were received from Coroner Scholer, exCoroner Tuthill and Coroner Williams, of Brooklyn, and as far as was possible their suggestions, many of them very valuable ones, have been added to the bill, until now this committee feels that, as nearly as it can be made, the system as outlined in this bill is a perfect one.

In spite of all this courtesy extended, the friends of the Coroner's office have introduced a so-called coroner's bill supply to impede this measure, but owing to its wholly inadequate provisions, added to the fact that it merely continues the present system and is hastily and crudely drawn, it can mislead no one as to its purpose.

Mr. Lewis said he did not feel it necessary to go into the subject of "graft," but the recent conviction of one of the coroners in a criminal court

spoke more forcibly against the present system than any argumentation which could possibly be offered.

The bill would, Mr. Lewis said, probably be brought up for final passage in the Senate about March 1st, and would be speedily pushed through both houses, presented again to Mayor McClellan and, if vetoed, as last year, would doubtless be passed over his veto.

SPITTING ON STREETS.

April 12, 1905. Dear Dr. Denison-The recent editorial entitled, "Common Sense Versus Nonsense," does not treat with sufficient fairness those who may have a slightly different view.

The position of our Board of Health in regard to the spitting nuisance, while admirable in its purpose, does not seem to be practicable. The great danger to the community of promiscuous spitting is a matter of common knowledge to every well-informed individual, but to demand that no one shall expectorate except in the privacy of his own house, or into a sputum cup which he carries about with him, is to ask more than is reasonable, or at least more than will be granted.

Many of our citizens are suffering from catarrhal conditions of the nasopharynx, larynx and bronchi, of varying degrees of severity, which render spitting necessary. To swallow the expectoration as women commonly do is to say the least of questionable desirability.

What shall we do with the man who smokes? Shall we forbid him to smoke on the street, or require that the saliva saturated with the juices of tobacco be swallowed?

If

Why not meet the need sensibly, and provide at the center or corner of each block some suitable receptacle containing an antiseptic solution and then insist on the strict enforcement of the Board of Health ruling. this were done there would be some prospect of preventing expectorations on pavements and sidewalks. Very truly yours,

The Health Department of New York does not object to spitting. The objection was to spitting on the sidewalk; there it is unnecessary and not defensible. It is earnestly desired that the physician would read the rules and regulations issued by the Health Department. That has not been done evidently, and hence the misunderstanding,

May, 1905.

Association News.

The secretaries of the county and district branch organizations are requested to furnish the business office a program of the meetings to be held, and after the meeting a full report of the proceedings, all items of interest, such as deaths, marriages and personals of the members.

DISTRICT BRANCH MEETINGS FOR MAY.
First District Branch, Tuesday, May 2d.
Fifth District Branch, Tuesday, May 2d.
Second District Branch-Thursday, May 25th.

COUNTY ASSOCIATION MEETINGS FOR
MAY.

Orange County-Tuesday, May 9th.
New York County-Monday, May 15th.
Onondaga County-Monday, May 15th.
Ulster County-Monday, May 15th.
Cortland County-Friday, May 19th.
Chautauqua County-Tuesday, May 30th.
Lewis County-Tuesday, May 30th.
Monroe County-Tuesday, May 30th.

ANNUAL MEETING OF THE A. M. A., PORTLAND, ORE., JULY 11-14, 1905.

The following rates have been authorized to Portland, Ore., and return going via any regular direct route, returning via same route, or any other regular direct route:

Fares from New York, via St. Louis or Chicago, via New York Central or Pennsylvania lines, $77.50; via all other lines, $74.50.

Changes of Cars in all instances must be made at St. Louis or Chicago, unless special cars are chartered.

Sleeping-Car Rates between New York and Portland, lower or upper berth, $19; section, $38; drawing-room, $71; stateroom, $53.

Note-Tickets can be made good to return via San Francisco or Los Angeles or both at an additional cost of $11.

Sleeping-Car Rates, Portland and San Francisco, lower or upper berth, $7; section, $14; drawing-room, $22.

Fares from St. Louis, Mo., and return, $52.50; Chicago, Ill., and return, $56.50.

Tickets on Sale-June 1st, 12th, 13th, 14th, 18th, 22d, 23d, 26th, 27th, 28th, 29th, 30th; July

1st, 2d, 5th, 6th.

Direct Routes from New York to St. Louis or Chicago-New York Central & Hudson River Railroad, Pennsylvania lines, Baltimore & Ohio Railroad, Chesapeake & Ohio Railroad, Delaware, Lackawanna & Western Railroad, Erie Railroad, Lehigh Valley Railroad, New York, Ontario & Western Railroad, West Shore Railroad.

Direct Routes from St. Louis-Missouri Pacific to Pueblo, Denver & Rio Grande, through Rocky Mountains to Ogden, Oregon Short Line to Portland. Missouri Pacific to Kansas City or

Omaha, Union Pacific, Rock Island, Burlington to Denver, Denver & Rio Grande to Ogden, Oregon Short Line to Portland. Missouri Pacific or Wabash to Omaha, Union Pacific via Cheyenne and Granger to Ogden, Oregon Short Line to Portland. Burlington or Rock Island to Denver, Denver & Rio Grande or Union Pacific to Ogden, Oregon Short Line to Portland.

Direct Routes from Chicago-Burlington, Rock Island, Chicago & Northwestern, Chicago, Milwaukee & St. Paul to Denver, Denver & Rio Grande or Union Pacific to Ogden, Oregon Short Line to Portland. Chicago & Northwestern, Chicago, Milwaukee & St. Paul, Chicago Great Western, Burlington, Rock Island, to Omaha, Union Pacific and Oregon Short Line to Portland.

Direct Routes from Chicago, via St. PaulChicago & Northwestern, Chicago, Milwaukee & St. Paul, Chicago Great Western, Rock Island, Burlington, Illinois Central, Wisconsin Central to St. Paul, Northern Pacific, Great Northern, or Canadian Pacific to Portland.

Time-Between New York and Portland, about five days and four nights.

Meals About $3 per day in the dining car. Approximate Cost of Railroad Trip:

Fare, New York to Portland and re

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Limit of Tickets-The tickets will be good to return ninety days after date of departure with. liberal stopovers.

Side Trip-To Yellowstone Park and return for five and one-half days (5), trip including board and room at the hotels in the Park and stage transportation from Livingston on the Northern Pacific, or from Monida on the Oregon Short Line, extra cost, $49.50.

Arrangements can also be made by those holding tickets over the Great Northern, Northern Pacific or Canadian Pacific to travel from Duluth to Buffalo by lake steamers.

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Monroe County Association.-This Association held its annual meeting on February 28th at Rochester, and elected the following officers for the ensuing year: President, E. Mott Moore; vice-president, S. Case Jones; secretary and treasurer, James Clement Davis; member of the Executive Committee for three years, George W. Goler. Richard M. Moore was elected member of the Nominating Committee of the Fourth District Branch; alternate, George M. Snook.

On motion, the minutes of the previous meeting were not read. Present, Drs. Goddard, Richard M. Moore, E. Mott Moore, Stockschlaeder, S. Case Jones, Curtis, O'Hare and Davis.

The treasurer presented the following report: Cash on hand, February, 1904, $12.00; receipts, members' dues, $120.00; receipts, interest, .24; disbursements, State dues, $106.35; cash on hand, February, 1905, $29.89.

JAMES CLEMENT DAVIS, Secretary.

Monroe County Association.-This Association held its regular monthly meeting March 28th at Rochester, the president presiding, with the following members present: Drs. Stedman, O'Hare, Jones, Davis, Curtis and E. Mott Moore. The meeting was of a social character and a short session. No new names were presented; nothing of importance transacted. Motion to adjourn was carried.

JAMES CLEMENT DAVIS, Secretary.

*

New York County Association.-The annual meeting of this Association was held at the New York Academy of Medicine, 17 West 43d street, on Monday evening, April 17, 1905, the president, Dr. Francis J. Quinlan, presiding. The executive session was called to order at 8.25, and minutes of the previous meeting were read and approved by the Association. President Quinlan appointed as inspectors of election of officers Drs. J. R. Graham, B. G. Phillips and F. C. Keller, and thereupon declared the polls open for election.

Dr. F. P. Hammond moved, that inasmuch as two of the candidates who had been nominated

for election to offices at the previous meeting in March, had withdrawn their names, that Section 2 of Article VIII of the By-Laws, which is as follows: "Nominations for officers, for member of the Executive Committee, for Fellows to the State Association and for member of the Nominating Committee of the Fifth District Branch shall be made at the stated meeting in March," be suspended for the evening. This was unanimously carried by the Association. Dr. F. P. Hammond nominated for the office of first vice-president Dr. John A. Bodine. Seconded by Dr. Ellery Denison. Dr. Bruce G. Phillips nominated for the office of corresponding secretary Dr. Charles Gardner Childs, Jr. Seconded by Dr. D. S. Dougherty. The report of the corresponding secretary was then read, and there being no dissent

ing vote, was approved and ordered on file. There were elected to membership nineteen new members. The annual report of the secretary was then read and approved by the Association. This was followed by the annual report of the treasurer. The reports of the standing committees showed, first, that the Committee on Legislation had worked vigorously for the Elsberg Bill, which tends toward the abolition of the office of Coroner in the city of New York, and the substitution therefor of a system of Medical Examiners. Also this committee advised that every member of the Association make a personal effort to thwart the passage of the Osteopathic Bill, legalizing the practice of this procedure under a special license granted by the State authorities. This report received the unanimous approval of the Association. The report of the Committee on Ethics was read, and on motion duly seconded. The resolutions passed by this committee were referred to the Executive Committee of the Association for further action. As there was no further business before the executive session, the

president, Dr. Francis J. Quinlan, announced as the first paper of the evening in the scientific session, one entitled "Galvanism as a Curative Agent in Nervous Diseases; the Importance of Equipment and Technique," by Dr. W. B. Pritchard. An abstract of this paper will very shortly appear in the JOURNAL. This paper was discussed by Drs. G. W. Jacoby, J. J. MacPhee, Milton Franklin and W. M. Leszynsky. The second paper of the evening was on "The Clinical Features and Treatment of Epidemic Cerebro-Spinal Meningitis," by Dr. Francis Huber. For abstract of this paper see the JOURNAL. This paper was discussed by Drs. Morris Manges, Harlow Brooks, C. J. Colles, Thomas W. Darlington and Hermann M. Biggs. At the close of the scientific session, the tellers of election announced that the following candidates for office were elected: For president, Francis J. Quinlan; for first vice-president, John A. Bodine; for second vice-president, Harry Hartshorne Seabrook; for secretary, Wiliam Ridgely Stone; for corresponding secretary, Charles Gardner Child, Jr.; for treasurer, Charles Ellery Denison; for member of the Executive Committee for three years, Henry A. Dodin; for member of the Nominating Committee of the Fifth District Branch, Wisner R. Townsend. The following fellows and alternates were elected:

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