IN SENATE.
MONDAY, February 21, 1881--2 p. m.On motion by Mr. FOSTER, it was ordered that Senate will devote the morning session to the regular order of business, and the afternoon session to the consideration of the business of the Codification Committee.
PUBLIC ROADS.
The LIEUTENANT GOVERNOR announced the consideration of Mr. Bell's bill [S. 187] to make Township Trustee Superintendent of Highways, which was pending at the last adjournment.
Mr. SPANN moved to amend Section 8, by adding a proviso that the road master shal be a freeholder, and not of kin to the Township Trustee making such appointment.
Mr. HENRY made an ineffectual motion to strike out the words "be a freeholder."
The amendment was agreed to.
On motion by Mr. MARVIN, Section 9 was amended so as to require that the "work shall be done in a workmanlike manner."
Mr. GARRIGUS moved to reduce the pay of Trustee from $2.50 to $2 a day.
Mr. BELL was as of opinion the bill was right as it is.
Mr. WOOLLEN did not think it wise to increase the pay to $2.50, as the present per diem is $2.
The amendment was agreed to.
Mr. GARRIGUS moved to amend Section 15, so as notice of letting of contracts shall be given at least twenty days. He said the bill was silent in this particular, and some notice should be given.
Mr. BELL thought the suggestion a very good one.
The amendment was agreed to.
Mr. KRAMER offered an amendment restricting the letting out of contracts by the Trustee to a cost not exceding $100. He did not think it proper to allow Trustees to let out large contracts, and cut out men only able to contract for a mile or half a mile.
Mr. BELL said the smaller class of work should be done by the Trustee, but if there is a bridge to be built or larger work to be done, the Trustee should have the right to contract. He should dislike very much to see the amendment pass.
Mr. KRAMER objected to that view, and insisted his amendment should be adopted as a matter of justice to smaller contractors. He referred to the construction of gravel roads, which requires a good deal of money, and under the limtation of the bill of a twenty-five cent levy and the commutation tax, the Trustee would not have any more money than now, and that is not more than sufficient to keep the roads in ordinary repair.
Mr. WOOLLEN moved to amend the amendment by striking out all limiting the cost of improvements.
Mr. BROWN favored this amendment to the amendment, and insisted the law ought not to hamper the Trustee so he can not properly discharge his duties.
Mr. HENRY opposed the last amendment.
It was agreed to, and the amendment as amended was adopted.
Mr. VOYLES moved to add to Section 15 these words: "Provided that no contract for work shall be awarded to any person for more than $250, and no one person shall have more than one contract with reference to roads in the same Township." He said: It is fair to distribute the work among the people of the Township. One objection made to this bill is it requires the roads to be kept up on a money basis entirely. It does not provide for tax-payers working out their own road tax. He personally favored that feature. The old-time formality of working on the roads does not benefit the roads as the system underlying this bill would if enacted in a law.
Mr. MARVIN opposed the amndment. This bill would do away with working on the roads by men of small means, because road machines cost a good deal of money, and a man desiring to work roads must have large contracts to justify the buying of new and improved machery. The old-fogy system had better be continued than to adopt this amendment.
Mr. BELL hoped there would be no effort made to defeat the bill by attaching objectionable amendments. To make the bill practical and practicable it should stand in this particular as it is.
The amendment was rejected.
Mr. HENRY protposed to amend so as to leave the discretion, where the contract is less than $100, with the Trustee, and compel the letting to the lowest bidder where it is over $100.
The amendment was agreed to.
page: 208[View Page 208]Mr. Leeper moved to add to Section 20 the words, "the owner of such lands may, however, in all cases have his damages therefor assessed and paid as provided in Section 19 of this act.
This amendment was agreed to.
On motion by Mr. GARRIGUS, Section 6 was amended so as to limit the pay of engineer to $4 a day.
The bill was ordered engrossed for the third reading.
MEDICAL LEGISLATION.
On motion by Mr. CHAPMAN, the Senate proceeded to the consideration of Mr, Yancey's bill [S. 74] to regulate and improve the pratice of medicine in the State of Indiana, to provide penalties for the infringement of the same, and declaring an emergency. [It proposes to divide the State into nine Districts, the Governor to appoint in each a Board of three Medical Examiners to represent each of the several Schools of Medicine now existing,one to serve one, one to serve two and one to serve three years; to determine as to the fitness of physicians to practice medicine, and to issue certificates of qualifications to such as may be competent--the standard of qualification to be uniform.]
Mr. CHAPMAN moved to amend Section 4 by adding the words, "reputable in character," having referenee to the schools of medicine. He thought the amendment would commend itself to the favor of the Senate. This barrier should be placed around the medical profession as the framers of the Constitution placed it around the legal profession; all practitioners shall be of good moral character.
The amendment was rejected.
Mr. BELL moved to amend Section 6 by providing a fourth class to whom certificates of qualification may be issued, viz.: To persons who shall present satisfactory evidence of having passed examination before some Board established in any foreign country for the examination of persons proposing to engage in the practice of medicine. He offered this amedment upon the suggestion foreign-born resident physicians. Many of such came here with certificates equal to our University degree.
Mr. VAN VORHIS favored the amendment. Such examinations are much more severe than usual in Medical Colleges in this country.
The amendment was agreed to.
Mr. COFFEY moved to amend Section 6 by strikg out the clause authorizing certificates of qualification to be issued to physicians not graduates in medicine who have practiced ten years in this State. If legislation is necessary upon this subject to protect the people against quacks, why does the bill propose to continue in the practice men who have been practicing medicine for ten years? It well know that in almost every neighborhood there are those who have been practicing for ten years who are notoriously unfit and unqualified. Then strike this out of the bill and not impose this class upon the people.
Mr. VAN VORHIS was satisfied the friends of the bill would prefer to see the amendment adopted, but it has been thought best to leave this clause in, because to strike it out would endanger the passage of the bill. There is probably more humbuggery in the practice of medicine in this State than all other humbuggery combined, and the object of this bill is to protect the people from imposition.
Mr. SPANN favored the amendment, as it would do away with a class of men practicing as specialists who are known in their neighborhoods to be quacks. This bill should put every doctor upon the same footing.
Mr. SHAFFER opposed the amendment, not because it is not right and it would be well to have it in the bill, but as has already been said it would have a tendency to weaken the measure. So far as medical practitioners who have practiced ten years are concerned there are among that class those just as competent to practice medicine as some who are graduates of medical school, and many of them more so. We can not expect to enact a law reaching all the emergencies it should.
Mr. WOOLLEN said the true theory would be to compel every man to submit to a medical examination. But this bill is an experiment; and no matter what bill is passed it will meet with objection from some quarter. Now only a grooundwork can be built for a better superstructure hereafter. The ojections just made are well taken and are just. The line must be drawn somewhere. Many people would feel bad if they could not have the physicians they have known in times passes, and who have have carried them through spells of sickness. A man can qualify himself to practice medicine without going to a Medical College, though such cases are rare. Two years ago he took great interest this question, but now felt incompetent to draft a bill suitable to the wants of the people. Many objections can not be met, and though experimental, some such a measure may be productive of good to the people at large.
Mr. Henry moved as a substitute clause requiring every one to undergo an examination. He saw no reason why any person desiring to practice shall be excused from being examined by the Board. It is said by Senators, who are practicing physicians, that this bill is offered for the good of the people. If that be true, will they answer why a man who has practiced for ten years shall be exempt from examination. It would seem to the ordinary mind that effective and simple test should be put on one as well as on the other. If the bill passes at all it should pass in order that the people shall be protected. If for that purpose, then put the clause in that every man shall appear before a Board of his own school and stand the test of examination. Physicians on this floor favor this amendment personally, but they are afraid to vote for it for fear the physicians of the State will use such an influence as to kill the bill, which goes to prove it is not in the interest of the people.
If in the interest of physicians, it should stay out, but if in the interest of the people, it should go in. A crew of these proposed legislation quacks in this State have been preparing for it, spending probably one-fifth of their time in some Medical College.
Mr. BELL thought the Senator hardly deals fairly with physician Senators. They recognize the fact that every reform must be builded up gradually. Much good has been accomplished by the agitation of this question, according to the Senator who has just taken his seat, for it has caused some quacks in the State to attend medical lectures.
Mr. VOYLES agreed with much said by the Senator from Madison [Mr. Henry], inasmuch as we have many empirics in Indiana. If we can get rid of them, it is but justice to the people that we should strike at them in this bill. We should reach every element of good that can be brought about. This bill recognizes certain schools of medicine. He did not like the idea of forming a a mutual admiration society under the forms of law. He did not like the idea of striking a weak or paralytic blow. If it is our duty to do right, why need we fear the quacks and their friends?
Mr. VAN VORHIS regarded it as gratifying to see so many Senators taking such high grounds in reference to the qulifications of practitioners of medicine. It is desirable to get the best thing we can, but it is better not to ask for too much at the start. The proposed amendment really ought to be adopted, but that is not the point of view from which we desire to consider it. The experience is we cannot get what the people demand on this question. Then let us get all we can. If the friends of this amendment think we can pass the bill with this amendment, then all right; but if they think we can not, then they are not acting fair with the friends of this bill.
page: 209[View Page 209]Mr. FOSTER did not think there was any Senator or Representative in the Legislature who can remember when there was not a bill before the Legislature to regulate the practice of medicine. He did not agree with statement, if we can not strike down all the quacks let us not strike at any. We must proceed gradually with this kind of a measure. He came this session prepared with a bill similar to the one he came near getting through the General Assembly four years ago, but had withdrawn it at the suggstion of friends. He believed legislation on this subject is necessary. Physicians who have been practicing ten years are better qualified than the newly-fledged student with his diploma, obtained the Lord only knows how.
The substitute was rejected by yeas, 8; nays, 26.
The amendment was also rejected by yeas, 4; nays, 30.
Mr. GARRIGUS moved to amend so as to strike out the clause authorizing the issuing of certificates to graduates of Medical Colleges or Schools.
Mr. COFFEY thought this legislation is not in the interest of the people--they are not here demanding by petition that such a measure shall be enacted. Then if this legislation is not needed to protect the people, why pass such a law? The conclusion is formed upon his mind that the bill if in the interest of certain physicians, and of Medical Colleges. Are all physicians holding diplomas qualified to practice medicine? It is conceded by medical men on this floor that they are not. He pointed out a discrimination in this bill against a certain class of physicians, and contended they all should be placed on one common level.
Mr. CHAPMAN considered this legislation in the line of a good deal of legislation proposed; It goes upon the principle that he people are not competent to select their medical, legal or spiritual advisers, and that the Legislature should put a guardianship over the people; and that there is just as much need to throw these legal barriers around people as there is a need to protect sheep against sheep-killing dogs. If there is a need to protect the people, if the common people are not able to select their physicians, as they select thei lawyers, there is no propriety in the position taken in favor of keeping in a portion of the incompetents. No professional courtesy should deter their being lopped off, and it seems apparent we can not, out of consideration for one another's measure, we can not justify ourselves in stopping short of going the extreme so as to provide legal means for stopping the career of these people who are working so much injury to society. These Boards of Examiners, if good for anything, which he doubted, should be put to work on every one proposing to practice medicine. If the Board to be the test, that and that alone should be the test for all of them. There should be one standard and not a dozen.
Mr. FOSTER dared say the citizens of Indiana desired legislation of this kind as well as legislation against thieves and swindlers and gamblers and confidence men. The people are not supposed to know all about medicine and surgery, and those of us who do know how the people are imposed upon should legislate to protect them in this as well as in other matters.
The yeas and nays were demanded on the adoption of the amendment, and being ordered and taken, resulted--yeas, 11; nays, 22. No quorum voting--
The Senate adjourned.
