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EDITORIAL COMMUNICATIONS.

FEBRUARY, 1905.

Articles for publication under Editorial Communications must be accompanied by the name of the author. No name will be used in the publication unless requested_by_the writer. All such articles can be sent to Dr. C. E. Denison, 68 West 71st street, New York City.

NATIONAL INCORPORATION.

A BILL

To Incorporate the American Medical Association.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Robert M. O'Reilly, doctor of medicine, Washington, District of Columbia: Presley M. Rixey, doctor of medicine, Washington, District of Columbia; Walter Wyman, doctor of medicine, Washington, District of Columbia; E. H. Gregory, doctor of medicine, Saint Louis, Missouri; Henry O. Marcy, doctor of medicine, Boston, Massachusetts; Nicholas Senn, doctor of medicine, Chicago, Illinois; George M. Sternberg, doctor of medicine, Washington, District of Columbia; J. M. Matthews, doctor of medicine, Louisville, Kentucky; W. W. Keen, doctor of medicine, Philadelphia, Pennsylvania; C. A. L. Reed, doctor of medicine, Cincinnati, Ohio; J. A. Wyeth, doctor of medicine, New York, New York; Frank Billings, doctor of medicine, Chicago, Illinois; J. H. Musser, doctor of medicine, Philadelphia, Pennsylvania; T. J. Happel, doctor of medicine, Trenton, Tennessee; Miles F. Porter, doctor of medicine, Fort Wayne, Indiana; E. E. Montgomery, doctor of medicine, Philadelphia, Pennsylvania; W. W. Grant, doctor of medicine, Denver, Colorado; H. L. E. Johnson, doctor of medicine, Washington, District of Columbia; A. L. Wright, doctor of medicine, Carroll, Iowa; William H. Welch, doctor of medicine, Baltimore, Maryland; M. L. Harris, doctor of medicine, Chicago, Illinois; Philip Marvel, doctor of medicine, Atlantic City, New Jersey, and Lewis S. McMurtry, doctor of medicine, Louisville, Kentucky, and their suc

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cessors, and those who may be associated with them, are hereby made and constituted a body politic and corporate by the name American Medical Association, with perpetual succession and power to take, for the purposes of its incorporation, by device, bequest, grant, gift, purchase, or otherwise, and hold or convey, both real and personal property and transact business anywhere within the United States.

Sec. 2. That the object and purpose of such corporation shall be to promote the science and art of medicine and the public health throughout the United States.

Sec. 3. That such corporation shall have power to make by-laws, rules, and regulations, and choose officers for its government and the attainment of its purposes.

A COMMUNICATION FROM THE CHAIRMAN OF THE COMMITTEE ON INCORPORATION OF THE A. M. A.

32 West 48th Street.

NEW YORK, Jan. 19, 1905. Dear Doctor-The bill providing for national incorporation of the A. M. A. [H. R. 17,335] is now in the Judiciary Committee of the House, and will soon come up for final action.

Thirty-four States, the District of Columbia, and the Indian Territory have already requested that the bill receive favorable consideration, and additional appeals of a similar nature are consequently coming to hand.

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The phraseology of the bill is substantially the same as that of the one already forwarded to you. However, later it may be deemed wise to make minor constructive changes in the wording to obviate technical objections that may arise. In no event, however, will the expressions relating to the powers conferred by incorporation be modified by the Committee of the A. M. A.

You will please at once, and also from time to time, telegraph and write, and otherwise appeal to the representatives of your State in the House and Senate, to the members of the Judiciary

Committee of the House and Senate, and to all interested and influential persons, urging their prompt and vigorous support of the measure to the end that enactment of the bill shall take place during the present term of Congress, i. e., before March 1, 1905.

Prompt and repeated action is essential to fix and hold the attention of the law-makers and stimulate their action at this time.

Yours very sincerely,

JOSEPH D. BRYANT, Chairman.

32 West 48th Street.

NEW YORK, Jan. 23, 1905. Dear Dr. Simmons-In accordance with your gracious request, I beg to forward a brief letter for publication relating to national incorporation of the A. M. A. by a special act of Congress.

As you well know, the membership of the A. M. A., now already quite large, is rapidly increasing, because of a keen appreciation of the policy of its thoroughgoing organization, stimulated by patriotic desire on the part of the members of the medical profession to assume the responsibilities that properly belong, as good citizens, to their lot in the conduct of human affairs.

The contributing to the sanitary welfare of the country, by means of careful and scientific surveillance and by directing influences in all public matters relating to the domains of medical thought and activity, is the plain duty of medical men, whose compliance therewith, each citizen. should demand and no physician should refuse.

The mutual recognition on the part of all concerned of the great gain that would follow hearty reciprocal action in all such matters, will enhance. immeasurably business stability and professional station. It should be quite well understood by all thoughtful citizens that the people of our country and its dependencies are now subject to nearly every disease that inflicts mankind. It is of course plain to medical minds that the causes of the inception and of the spread of disease are dissimilar in every essential respect from the causes of all other results of human intercourse; and that disease is more destructive of human aims and ambitions The causes of than are earthquakes and wars. disease are frequently unfathomable, the spread is most insidious and often of speculative limit. Disease exists everywhere in our land, moving from place to place, and exacting human offerings from all classes, regardless of geographic limit, and often in spite of all local efforts of restraint. Therefore, it seems to the members of our profession, that the domain and the opportunities of the forces opposing disease should be at the least co-equal in all respects to those of the tireless. foe, so that the struggle may be unhindered by geographic lines and a corresponding multiplicity of confusing advice and effort, as is now too often. the case.

National incorporation will increase the dignity and power of the National organization in its

labors for the public weal, and for professional attainment. It will facilitate and properly direct the transaction of its corporate business, and give to the organization increased status in human affairs a status commensurate with the unlimited time and unstinted effort gladly given for the relief of human suffering and the betterment of public affairs by a large body of professional men, each of whom cheerfully bows in humble obedience to the laws of the country, and willingly imperils his life in serving the country's interests, in opposing alike the foes of health and good order, and of national perpetuity.

The great desire on the part of the officers and members of the A. M. A. for such incorporation is emphatically indicated by the unanimous passage by the House of Delegates of the Association at the meeting held June, 1904, of the following resolution:

"Resolved, That the officers and members of the House of Delegates of the American Medical Association now in session at Atlantic City, do hereby pledge their loyal support and earnest effort in aid of securing national incorporation of the American Medical Association by a special act of Congress."

This earnest and unreserved desire was further signalized at that time by the House of Delegates in a petition signed by the officers of the A. M. A. and by the members of the House of Delegates representing the A. M. A. of all parts of the country addressed to the "Gentlemen of the Judiciary Committee of the Senate and House of Representatives of the United States of America" requesting the speedy enactment of a bill providing for national incorporation of the A. M. A.

Since then similar petitions have been forwarded to the Committee on National Incorporation lumbia, and a Territory of the U. S. A., expressfrom thirty-four States, and the District of Coive of the desire for national incorporation.

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Similar expressions from like sources coming almost daily to the Committee on Incorporation. When one considers the extent of the field of operation, the comparative shortness of the available time, together with the hindrance to efforts in this direction because of the onerous and ever present demands on the physician, it seems to the committee that the desire for national incorporation of the A. M. A. is without gainsay.

Yours very sincerely,

JOSEPH D. BRYANT, Chairman of the Committee.

HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE.

Hon. John J. Jenkins, Chippewa Falls, Wis.
Hon. Richard Wayne Parker, Newark, N. J.
Hon. De Alva S. Alexander, Buffalo, N. Y.
Hon. Vespasian Warner, Clinton, Ill.
Hon. Charles E. Littlefield, Rockland, Me.
Hon. Lot Thomas, Storm Lake, Ia.
Hon. Samuel L. Powers, Newton, Mass.

Hon. Robert M. Nevin, Dayton, O.
Hon. Henry W. Palmer, Wilkesbarre, Pa.
Hon. George A. Pearre, Cumberland, Md.
Hon. J. N. Gillette, Eureka, Cal.
Hon. David H. Smith, Hodgensville, Ky.
Hon. Henry D. Clayton, Eufaula, Ala.
Hon. Robert L. Henry, Waco, Tex.
Hon. John S. Little, Greenwood, Ark.
Hon. William G. Brantley, Brunswick, Ga.
Hon. David A. De Armond, Butler, Mo.
SENATE JUDICIARY COMMITTEE.
Hon. George F. Hoar, Worcester, Mass.
Hon. Orville H. Platt, Meriden, Conn.
Hon. Clarence D. Clark, Evanston, Wyoming.
Hon. Charles W. Fairbanks, Indianapolis,

Ind.

Hon. Knute Nelson, Alexandria, Minn.

Hon. Louis E. McComas, Williamsport, Md.
Hon. Chauncey M. Depew, New York, N. Y.
Hon. John H. Mitchell, Portland, Oregon.
Hon. Augustus O. Bacon, Macon, Ga.
Hon. Edmund W. Pettus, Selma, Ala.
Hon. Charles A. Culberson, Dallas, Tex.
Hon. Joseph C. S. Blackburn, Versailles, Ky.
Hon. Thomas M. Patterson, Denver, Col.

COMMITTEE ON LEGISLATION.

E. Eliot Harris, Chairman.

In accordance with the resolution passed at the last annual meeting, the Committee on Legislation is empowered to continue the work of securing the enactment of a law which will abolish the office of Coroner of the city of New York. The Committee asks for the cooperation of the medical profession to assist in placing the following bill upon the statute books of 1905:

AN ACT

Introduced by Senator Elsberg, to amend the Greater New York charter, providing for the appointment by the Board of Health of the city of New York, of a chief medical examiner and medical examiners, and prescribing their powers and duties; creating a bureau of medical examiners in the department of health, abolishing the office of Coroner in the city of New York upon the expiration of the terms of office of the Coroners now in office in said city, and providing for the performance of the powers and duties exercised by the coroners in such city.

Section 1242. Office of Coroner abolished.— Upon the termination of the terms of office of the Coroners now in office with the city of New York by the expiration of such terms of office, the office of Coroner in the various boroughs in the city of New York shall be abolished, and the terms of office of all officers, clerks, and subordinates appointed by such Coroners, except the incumbents of clerical positions in said Coroner's office who are on the classified competitive civil

service list, shall cease and determine with the expiration of the terms for which such Coroners were elected.

Sec. 1243. Appointment of a chief medical examiner and of medical examiners by Board of Health; assistants for bureau of medical examiners. On or before January first, nineteen hundred and six, the Board of Health of the city of New York shall appoint, after a special civil service examination to be held therefor, a chief medical examiner who shall be a citizen of the United States and a resident of the city of New York and shall be a physician duly licensed to practice medicine in the State of New York and shall be a gist, and who shall have practiced his profession skilled and practical bacteriologist and patholo

in the State of New York at least five years; and said board shall also appoint medical examiners for such city as follows: Not to exceed six for the Borough of Manhattan; not to exceed four for the Borough of Brooklyn; not to exceed three for the Borough of Queens; not to exceed two for the Borough of the Bronx, and not to exceed two for the Borough of Richmond. Such medical examiners shall be citizens of the United States and residents of the city of New York, and shall be physicians learned in pathology, duly licensed to practice medicine in the State of New York, and who have practiced their profession within the city of New York for a period of at least five years next preceding their appointment. Such medical examiners shall in the first instance be appointed from the Coroner's physicians in office at the time such appointment shall be made and thereafter shall be appointed from among those standing highest upon an eligible list prepared by the civil service commission after a competitive examination especially held for such office. The Board of Health may designate one of the medical examiners in each borough, other than the Borough of Manhattan, to be assistant chief medical examiner for that borough.

WANT TO KEEP THE CORONERS.

Brooklyn Republicans Oppose Elsberg's Bill. The Kings County Republican Executive Committee met at the Joralemon street headquarters, Brooklyn, yesterday afternoon. Ex-Lieut.-Gov. Timothy L. Woodruff was present and had a long discussion with the members regarding legislation and the distribution of patronage. The result of the conference was that the Republican Senators and Assemblymen from Kings County are to be requested to do all in their power to defeat Senator Elsberg's Medical Inspectors bill.

This bill if passed will wipe out the present Coroner's offices and will substitute instead medical inspectors. The Kings County Republicans believe the bill is not popular, and besides that they believe next fall they will be able to elect two Republican Coroners in Brooklyn.-New York Sun.

AN ACT

To amend the public health law and the acts amendatory thereof, in relation to pharmacy. Introduced by Mr. McKeown, in the Assemblyread once and referred to the Committee on Public Health.

AN ACT

To amend the tax law, in relation to the exemption of the property of certain pharmaceutical societies situated in cities of the first class. Introduced by Mr. Cotton, in the Assembly-read once and referred to the Committee on Taxation and Retrenchment.

AN ACT

To amend section twenty-seven hundred and twenty-nine of the code of civil procedure relative to the payment by executors and administrators of funeral expenses of, and charges for nursing, medical and surgical treatment and medicines, rendered and furnished a decedent. Introduced by Mr. Newton, in the Assembly-read once and referred to the Committee on Codes.

AN ACT

To establish a State veterinary college for the eastern portion of the State, at New York University of the city of New York and to provide for the administration thereof. Introduced by Mr. Hartman-read once and referred to the Committee on Ways and Means.

AN ACT

To enable the Medical College Laboratory of the city of New York to convey and transfer its real and personal property. Introduced by Senator Elsberg-read twice and ordered printed, and when printed to be committed to the Committee on Judiciary.

AN ACT

In relation to the sale of proprietary medicines. Introduced by Mr. Platt-read once and referred to the committee on Public Health.

Section 1. No drug, medicine or mixture of drugs, herbs or medicines, commonly known as patent or proprietary medicine, shall be sold, offered or exposed for sale in this state, unless an analysis or formula specifying the ingredients thereof and the quantity of such ingredients is plainly printed upon the label of the bottle or package containing such medicine, and also upon the outside wrapper of the packages containing the same.

Sec. 2. Every person who shall print upon the label of any bottle or package, or upon the outside wrapper thereof a false analysis or formula showing the ingredients or quantity of ingredients of any patent or proprietary medicine, as required by this act, or who shall sell, offer or expose for sale any such patent or proprietary medicine, without such analysis or formula, showing the ingredients and the quantity thereof in any patent or proprietary medicine, as required by this act, shall be guilty of a misdemeanor, pun

ishable by imprisonment for not less than one month nor more than six months, or by a fine of not less than fifty nor more than five hundred dollars, or by both such fine and imprisonment.

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, narcotics. or drugs of any description. Introduced by Mr. McManus-read once and referred to the committee on Affairs of Cities.

Section 1. There shall be provided by the city of New York a suitable hospital building, with all the necessary accommodations, a staff of competent physicians and surgeons, attendants, and necessary equipment, to treat persons, male and female, who are habitually intoxicated, or who are found guilty of intoxication, incompetent or dangerous from the use and effect of alcoholic stimulants, opium, chloral, cocaine, or other narcotics or stimulating drugs.

Sec. 2. The mayor of the city of New York shall appoint three competent physicians and surgeons, skilled in the treatment of the disease brought on by the inordinate use of alcoholic stimulants and other stimulating drugs. One of said physicians so appointed is designated as physician in chief, who shall have full charge of said hospital and receive an annual salary of six thousand dollars; the two other physicians so appointed shall each be designated as assistant physicians shall each receive an annual salary of five thousand dollars, which shall be paid to them in monthly instalments by the city of New York as hereinafter provided.

Sec. 3. The hospital building provided for in this act shall be constructed and arranged so that the sexes shall be separate and apart from each other.

Sec. 4. Suitable and competent attendants, aids, nurses and assistants required in the administration of the business and conduct of the affairs of said hospital shall be appointed from time to time as shall be necessary, by the said three physicians with the approval of the mayor.

Sec. 5. The board of estimate and apportionment in the city of New York shall take and set aside from the excise moneys received by them or under their control in the city of New York and in the counties of the city of New York, a sum of money adequate to secure a proper site and erect thereon a building, furnish and equip the same in the most approved and scientific manner: and when the same shall have been made ready for occupancy, the said board of estimate and apportionment shall also take and set aside from the aforesaid excise moneys so received as aforesaid, each and every year, such sum as is necessary to pay the salaries of the said physicians and employees so to be appointed, and also

for the payment for all the supplies required, repairs of said hospital building and grounds, medicines, apparatus and the necessary improvements on said building and grounds that may be required from time to time.

Sec. 6. Commitment to said hospital may be made by any city magistrate in the city of New York, or by a justice of the supreme court in said cities for a period of time not to exceed one year. Such commitment shall be made on the sworn application in writing before said magistrate or justice, either by the father, mother, husband, wife, brother or sister, next friend or child of such person to be committed, or the guardian of such child or by said city magistrate, where a person has been found guilty of public intoxication, and said magistrate is satisfied that it would be for the welfare of such person. The magistrate or justice shall make a written or printed commitment of said person so charged as aforesaid to said hospital, for a period not to exceed one year. The superintendent, the physician or person in charge of said hospital shall receive the person committed by said city magistrate or justice and render to such person or persons all the necessary care, treatment and medical attendance required.

FOODS AND DRUGS. AN ACT

For preventing the adulteration or misbranding of foods or drugs, and for regulating traffic therein, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DEFINITIONS.

SECTION 5. That the term "drug," as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopoeia for internal or external use. The term "food," as used herein, shall include all articles. used for food, drink, confectionery, or condiment by man or domestic animals, whether simple, mixed, or compound. The term "misbranded," as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement regarding the ingredients or substances contained in such article, which statement shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced.

ADULTERATIONS.

SEC. 6. That for the purposes of this Act an article shall be deemed to be adulterated-— In case of drugs:

First. If, when a drug is sold under or by a name recognized in the United States Pharmaco

poeia, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia official at the time of the investigation.

Second. If its strength or purity fall below the professed standard under which it is sold.

Third. If it be an imitation of or offered for sale under the name of another article. In the case of confectionery:

If it contain 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:

First. If any substance or substances has or have been mixed and packed with it so as to reduce or lower so as to thereby injuriously affect its quality or strength.

Second. If any substance or substances has or have been substituted wholly or in part for the article.

Third. If any valuable constituent of the article has been wholly or in part abstracted.

Fourth. If it be an imitation of or offered for sale under the distinctive name of another article. Fifth. If it be mixed, colored, powdered, or stained in a manner whereby damage or inferiority is concealed.

Sixth. If it contain any added poisonous ingredient which may render such article injurious to health.

Seventh. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so.

Eighth. 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: Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated in the following cases:

McCormack said: "The support of the church In the course of his remarks on quackery, Dr. press constitutes the backbone of quackery in this country." While we do not concede this to be the case with reference to the itinerant quack, it does hold good in the cast of most advertised medicines. The authoritative statement has come to us that many of the ministers whose names and pictures are scattered broadcast in laudation of alcohol-containing medicines, are subsidized in cash or kind for their testimonials. Many barrels of bad whiskey are foisted upon the public, under the tonic label, by the recommendation of clergymen, who, from their ignorance of the immediate inspiring effect of alcoholics, attribute the phenomenon to tonic rather than stimulating qualities. Wisconsin Med. Journal.

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