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uUA/

Medical Legislation
IN Ontario

THE ANNUAL ADDR

AT THE MEETING OF THE

CANADIAN INSTITUTE OF HOMEOPATHY

HAMILTOiy, JUNE 14, 18«a

) •

By the Prbsidbnt

Ci. T. CAMPBELL, M.D.

London, Ont.

TORONTO
PRINTED BY C. BLACKETT ROBINSON

189a

'Mk.:^;

*iaiJtji.lln- ~» •

Medical Legislation
IN Ontario

THE ANNUAL ADDRESS

AT THE MEETING OF THE

CANADIAN INSTITUTE OF HOMCEOPATHY

HAMILTON, JUNE 14, 18^3

By the President
Cl. T. CAMPBELL, M.D,

London, O.nt.

TORONTO

PRINTED BY C. BLACKETT ROBINSON

1892

; .' \

'■W

MEDICAL LEGISLATION IN ONTARIO.

It has become the recognized duty of the President of the
Canadian Institute of Homoeopathy, at each annual meeting, to give
an address, in which he shall bring before you such matters of
interest to the profession, or of importance to our school, as the
record of the year may have developed. So far as we are concerned,
the past year has been uneventful ; and the only matter of special
interest which has occupied the attention of our physicians has been
the discussion of certain legislation enacted in 1891, and the action of
the Medical Council consequent thereon. As my predecessors, for
some years past, have not called your attention to any such, subject, 1
have thought that it might be of interest, and possibly not unprofitable,
if I occupied the time at my disposal in giving you a resuinS of the
legislation affecting the profession in Ontario, with, of course, special
reference to its bearing on ourselves.

But, before entering upon that subject, it is only proper that I
should take the earliest possible opportunity of referring to the loss
this Institute, and the profession, has sustained during the past year
in the death of two of our most esteemed members, both of whom
have taken an active part in the work of the Institute, and both of whom
were connected with the government of the profession and of the
Homoeopathic School in Ontario — Dr. Wm. Springer, of Woodstock,
and Dr. W. H. Oliphant, of Toronto.

Dr. Springer was one of our oldest practitioners, having graduated
at the Cleveland Homoeopathic College in 1856. He first practised
in Hamilton, near which city he was born ; but his high professional
reputation was gained in Ingersoll, where he was for twenty years the
most popular and successful of physicians. In 1881 he removed to
Woodstock. During the last three years of his life he was incapaci-
tated for work from the effects of a cerebral hemorrhage ; and died
on the 2nd April, 1892, at the age of sixty-two. He served for several
years on the old Homoeopathic Board of Examiners ; and was one of
our first representatives in the Medical Council.

Dr. Oliphant was one of the younger generation, and was born in
New Orleans, Louisiana, Dec. 21st, 1858. He came to Toronto with
his father, our esteemed colleague. Dr. D. S. Oliphant, in 1864. He
graduated with honors in Toronto School of Medicine ; then went to
Dublin, where he took the degree of M.B. (Class A), and registered

4 MEDICAL I.KGISLATION IN ONTARIO.

in Ontario in 1884. During the few years of life allotted to him he
succeeded in obtaining a large practice in Toronto, where he died — a
martyr to professional work — on the nth February, 1892. He had
served our Institute zealously, both as a private member and an
officer ; and at the last general election for the Medical Council he
was chosen one of our representatives.

Dr. Springer died after many years of active work ; Dr. Oliphant
passed away in the bloom of his young life, while a brilliant future
seemed to wait him. Yet both of our lamented colleagues had much
in common. Both were men of energy and vigor, thoroughly imbued
with a love for their profession. Both were well versed in medical
science, and were specially endowed with that common sense which
enables a physician to grasp the practical and apply it with the best
results. Both were popular and successful in their practice ; and
both had the esteem of the profession to a high degree, as was shown
in their repeated election to places of honor and responsibility. In
their death we and the public have alike suffered serious loss ; they
have met no loss, but gain. May the earth rest lightly on them !

In reviewing the history of medicine in this country, we find that,
prior to 1815, there was no legislation specially affecting the medical
profession in what is now known by the name of Ontario. The
province may be said to have been first opened for settlement with
the arrival of some 10,000 U. E. Loyalists in 1784, for, previous to
that date, it was wholly unoccupied. It was separated from the rest
of the British North American possessions, and declared a distinct
province, under the name of Upper Canada, on December 26th, 1791,
with Col. Simcoe as its first Lieutenant-Governor. He called his
parliament to meet for the first time in the little village of
Newark, on the Niagara River, September 17th, 1792, and among its
first Acts was one formally introducing and establishing English law
in the province. In the absence of special legislation, the profession
would be governed by the laws of the mother country ; and so, for the
following twenty-four years, the only persons legally qualified to
practise medicine in this province were those duly licensed by English
authority. As a matter of fact, I believe, the practising physicians
of that period were mainly of this class — a large proportion being
army and navy surgeons. And as the population was scattered over
the province, and the profession not over-crowded, the presence of
those who were not English licentiates was no grievance to anyone,
and in many cases a great convenience to the public.

As the country became better settled, however, it was deemed
advisable to take some legislative action in the matter of ensuring the
public qualified medical practitioners. At the close of the American
war the population of Upper Canada had reached 95,000, a number
sufficiently large to justify some regulation of the medical profession.

The first "fhedical Act of which I can find trace was passed on the
t4th March, 1815.* It stands on the old statute book, imperfectly

55 Geo. III., Chap. 10.

MEDICAL LEGISLATION IN ONTARI{3. 5

printed, and containing clerical errors and oinissi*.ns ; but in substance
it is to the following effect : —

Alter reciting in the preamble the fact that " many inconveniences
have arisen to his Majesty's subjects in this province from unskilful
persons practising physic and surgery," it proceeds to enact that " no
person who shall, or may have, come into the province since the
passing of the above mentioned Act" (/.^., the Constitutional Act of
1791, quoted in the preamble as the authority for passing this Act),
" and before the passing of this Act, nor any person who shall or may
hereafter come into this province, shall be permitted to prescribe for
sick persons, or practise physic, surgery, or midwifery, within the
province for profit, until such person or persons shall be duly exam-
ined and approved of by a Board of Surgeons, who shall be consti-
tuted and appointed as hereinafter mentioned, with full powers to
grant licences for the practice of physic, surgery and midwifery,
within the province, and has received a license under the hand and
seal of the president of the said Board, and countersigned by the
clerk of said Board, which clerk the president of said Board shall and
may nominate and appoint."

The second clause provides for the appointment of this Board by
the Governor. It was to consist of the senior medical officer in the
army resident in the province ; all regimental and navy surgeons, and
all staff surgeons doing duty in the province ; and all other surgeons
and practitioners resident within the province, and authorized to
practise by some lawfully constituted authority in His Majesty's
dominions — the senior medical officer being the president.

It was the duty of this Board, " from time to time, and as often
as occasion may require, to hear and examine " all applicants ; and
if they approved, to grant a license, for which a fee of £1 was payable.
Bp.l it was provided that this Act should not apply to any female
practising midwifery, nor to any one having taken a degree in any
university in His Majesty's Dominions,* nor to any commissioned
medical officer in the army or navy, nor to any one who may have
practised in the province before the passing of the Constitutional
Act of 1 79 1 — all of which parties were free to practise without any
license. With these exceptions, no one could practise without the
authority of this Board, under a penalty of ;^ioo.

A few years' experience made it evident that this Act was imprac-
ticable. The Board was too cumbersome ; possibly there was too
much militaryism about it to suit the tastes of the people. At all
events, it was found necessary to amend it ; which was done in 1818, 1
The amended Act authorized the Governor-in-Council to appoint a
Board of five or more (three to form a quorum), who should examine
applicants, and on its certificate, the Governor, being satisfied of the
loyalty and good morals of the party, granted a license. The fee was
raised to £if 105., of which one pound went to the Government, and
the remainder to the Board. The exceptions to the operation of the

* Presumably a Degree in Medicine, though the Act does not say so.
t 55 Geo. III., Chap. 13.

MEDICAL LEGISLATION IN ONTARIO.

old Act were continued, with this difference, that the (hitc beyond
which tiie law would not be retroactive was brought down from 1791,
and fixed at Jan. ist, 1812.

For nearly fifty years this Act formed the basis of all medical
legislation in Upper Canada, or Canada West. Amended Acts were
past in 1827'" and 1H59I, but these simply modified some of the
<1etails, and provided for their more effectual enforcement. After the
union of the two provinces, provision was made that all practitioners
duly licensed in Lower Canada should have equal privileges in this
province ; and vice versa. After Canadian medical colleges were
established, their graduates were in the same position as graduates of
all British Universities, and on presentation of their diploma', they
received the license to practise Persons attempting to practise with-
out a license were liable to a fine of not more thai $200 ; but prosecu-
tions were not very frequent.

On one occasion an effort was made to alter the status of the pro-
fession, and that was in 1839]:, when a bill was passed to incorporate
the then existing Board of Examiners, togetiier with all licensed
physicians, as the " College of Physicians and Surgeons of Upper
Canada," with general powers to regulate all matters connected with
the profession, fixing a curriculum, granting licenses, etc. ; and also
to regulate the sale of drugs. This Act, however, was disallowed ;
and matters remained as they were before.

In the meantime, practitioners of Homeopathy were making their
appearance in the province. I believe the first to introduce that
system into Upper Canada was my preceptor, the lale Dr. J. J. Lan-
caster, of London, who commenced practising 111 1846. Others fol-
lowed in due time. Some of these, like the late Dr. D. Campbell, of
Toronto, were British graduates, and therefore duly licensed. But
others, sucii as Drs. Lancaster, Adams, Greenleaf, Bull, Hall, etc.,
were graduates of foreign colleges, and could only receive a license
through the Provincial Board of Examiners. Owing to professional
})rejudices then existing, this was an impossibility ; and, as a conse
quence, they were submitted to annoyance and persecution. But the
number of their friends and supporters among the laity increased
rapidly ; and in 1859 Parliament found a remedy for their grievances
by passing a bill entitled " An Ac*^ respecting Homoeopathy," j which
placed physicians of that school in a position to become licensed, and
to stand on a legal equality with other medical men.

By this measure, Drs. Campbell, of Toronto, Lancaster, of Gait.
Greenleaf, of Hamilton, Bull, of London, and Hall, of Toronto, were
appointed the first members of a Board of Examiners for those who
might desire to be licensed as Homoeopathic physicians. The term
of office of th^ Board was two years ; three members to retire the first
year. The successors to the members first appointed were to be
elected by such Homoeopathic physicians as might be present in
Toronto, and cast their votes, at the January meeting of the Board

• 8 Geo. IV., Chap. 3.
I 2 Vic, Chap. 36.

t 22 Vic, Chap. 40.
§ 22 Vic, Chap. 41.

<i ;

MEDICAt- LEGISLATION IN ONTARIO. 7

each year. By the Act a curricuhim was fixed which required all
applicants for a license to attend two winter sessions of six montiis
each at a medical college, and pursue the study of medicine in some
licensed practitioner's office for four years.

It will be noticed that this was the first medical Act in this
province which laid down a curriculum for students. In all previous
legislation, this matter was left solely to the discretion of the Board
of Examiners : and it had been the cusiom of the Board to follow the
curriculum of the Canadian colleges, with the exception that it was
content witii three years' study instead of four. The college curri-
culum was the same as that adopted by our Board. It will thus be
seen that from the first day the Homoeopathic physicians began
to exert any influence on medical legislation, they adopted the
highest standard of education attainable. And this course has been
consistently followed up to the present time.

Two years later, in i86i, a similar Act passed in the interest of
practitioners of the Eclectic system.

As the number of physicians in the province increased with notice-
able rapidity— a natural result of the competition of local medical col-
leges — it became apparent that in the interests of the profession, as
well as of the public, some steps should be taken to secure a uniform
standard of education, and one of a higher character than that which
was accepted as sufficient, either by colleges or boards. With this end
in view a bill was introduced into the Canadian Parliament in 1866 b\'
Dr. Parker, M.P., to establish a Council of Education and Registra-
tion for the province.* This council consisted of twelve members, to
be elected by the licensed physicians resident in the twelve territorial
divisions into which the province was divided ; one each from Toronto
University, Queen's College, Victoria College, Trinity College, Toronto
School of Medicine, and from ** every other body authorized, or to be
authorized, to grant degrees in medicine or certificates of qualification
to practise." All persons licensed under previous Acts, either in
Upper or Lower Canada, were entitled to register. The Council had
power to fix a c'.:rriculum for Canadian colleges, which should be
obligatory on them as soon as approved by the Governor-in-Council ;
and as a quid pro quo, all graduates of these colleges would be entitled
to register. Applicants who had not attended a Canadian school had
to submit to a similar course and an examination. Among the pro-
visions of the Act W3s one to the effect that no college should impose
upon its graduates an obligation to adopt or to refrain from adopting
the practice of any particular theory in medicine, under penalty of
losing its privileges as to registration.

Soon after the passing of this Act it became evident that there was
a difference of opinion as to the relation the Homoeopaths and Eclec-
tics were to bear to it. One clause declared that it was not to repeal
or in any way affect the Homoeopathic and Eclectic Acts ; and the
inference was reasonable, therefore, that the law was not to apply to
physicians of these schools. But the clause defining the membership

* 29 Vic, Chap. 34.

MEDICAL LEGISLATION IN ONTARIO.

ol the Council as plainly gave representation to every body authorized
to grant certificates of qualification to practise medicine, which clas-
sification would include the Homoeopathic and Eclectic Boards. To
test the question, Dr. D.Campbell appeared at thefirst meeting of the
Council, as the representative of the Homceopathic Board. But the
Council declined to receive him ; arguing, not unreasonably, that as
his Board was left untrammelled by the Act, and its former powers in
no way curtailed, it had no right to representation. Logically the
Council was correct ; legally, it is possible it was wrong.

Jt soon became apparent that this Act could not be worked satis-
factorily. It was evident that if there were to be three authorities in
the profession — the Council and the Homceopathic and Eclectic
Boards — each supreme in so far as concerned the class it might
register — one of the main objects sought, and the most desirable one
— that of having a uniform standard of education — would be defeated,
and the situation would be very little different from what it was before.
Meantime, Confederation having been accomplished — under which
all matters of education came within the control of the provinces — it
was necessary for the Ontario legislature to take some action. And
after considerable discussion and negotiation with all parties interested,
a measure of compromise was effected, and the Ontario Medical Act
passed at the session of 1869.*

This Act incorporated the entire medical profession of the pro-
vince as " The College of Physicians and Surgeons of Ontario," with
a representative governing body— the Medical Council. Of this
Council, twelve were elected by the profession in the same manner as
under the Parker Act ; the various universities and medical schools
were given one each, and the Homoeopaths and Eclectics five each.
It was not, of course, assumed that this proportionate representation
was in accordance with the actual numbers of the respective classes.
The Homoeopaths did not claim that they constituted one-sixth of the
entire profession. But we did claim that we should not give up our
autonomy without a representation in the Council large enough to
afford some guarantee that our rights would be respected, and that
no rank injustice would be done our students. Five representatives
in the Council were too few to control that body ; but they were
enough, especially with an equal number of Eclectics, to give some
weight to their arguments. The various colleges were in a somewhat
similar position. They surrendered the rights formerly possessed in
consideration of the representation allowed them in the Council.
And this fact must always have weight in deciding any proposition to
change the basis of representation in that body. As now constituted,
it is the result of a compromise, and any attempt to reduce the pro-
portionate number of Homoeopathic representatives, or to deprive the
colleges of theirs, would be a violation of the original terms of agree-
ment under which these bodies surrendered the powers enjoyed by
them.

The new Council, which was the legal successor of that consti-

* 32 Vic, Chap. 45. '

MEDICAL LEGISLATION IN ONTARIO.

(

tuted under the Parker Act, came into existence on the second Tues-
day in June, 1869, the date of the first election. The College of
Physicians and Surgeons, of which the Council was the governing
body, by the terms of the Act was to consist of all those registered
under the Act of 1866, and of such as might in future be registered
under the new law. And it was made the duty of the Council to
enter on its register the names of all who complied with the require-
ments of the Medical Act, " and with the rules and regulations made,
or to be made, by the Council respecting the qualifications to be
required from practitioners of medicine, surgery and midwifery, in
the province." And only those whose names were so entered were
licensed to practise, or to exercise any of the privileges of medical
men, or to be considered members of the College.

The Council of the new corporation was not allowed to interfere
with or fix the curriculum of the colleges ; and, on the other hand,
the diploma of the colleges no longer entitled the bearer to registra-
tion. All matters connected with medical education were now vested
in the Council, which had power to appoint its Board of Examiners,
before whom all applicants for a license should appear. But to pre-
vent any fear that the dominant section of the Council would use its
power to the injury of minorities, it was provided that a person wish-
ing to be registered as a Homoeopath or an Eclectic should not be
required to pass an examination in Materia Medica or Therapeutics,
or Practice of Physic, or in Surgery or Midwifery (except the opera-
tive parts) before any examiner other than such as might be approved
by the representatives of that body in the Council.

The first meeting of the Council was held in Toronto on the second
Wednesday in July, 1869. The following gentlemen constituted the
body :

Territorial Representatives — E. G. Edwards, John H. Hyde, W.
Clarke, C. W. Covernton, Thos. Pyne, Jas. Hamilton, J. N. Agnew,
Wm. McGill, J. F. Dewar, H. W. Day, Wm.' Mostyn, Wm. H.
Brouse.

College Representatives — Wm. Oldwright, C. V. Berryman, Alex.
Bethune, C. B. Hail, W. T. Aikens, M. Lavell, Jas. Grant.

Homoeopathic Representatives — D. Campbell, G. C Field, H. C.
Allen, J. Adams, Wm Springer.

Eclectic Representatives — N. Hopkins, S. S. Cornell, G. A. Cat son,
J. J. Hall, R. H. Clark.

The officers elected were : Wm. Clarke, Guelph, President ; Wm.
H. Brouse, Prescott, Vice-President ; Henry Strange, Hamilton,
Registrar ; W. T. Aikens, Toronto, Treasurer. The Registrar was
not a member of the Council. Of all the gentlemen then in attend-
ance only two are still members, Drs. Day and Grant. Dr. Aikens,
who ceased to represent his college after some years, has continued to
hold the office of Treasurer up to the present.

The proceedings of the Council for the first few years showed
quite clearly that the harmonizing of heterogeneous and discordant
elements was no easy matter. The attempt to unite Homoeopaths
and Allopaths for legislative purposes was an experiment in medicine,

MEDICAL LEGISLATION IN ONTARIO.

and for a time it seemed that tlie attempt would be a failure. Some
of the old school physicians c bjected strongly to the enforced associa-
tion with those they had rdways regarded as medical heretics, and
wanted the Act repealed. Others openly declared that their only
reason for consenting to the arrangement was the hope and expr^c-
tation that by its operation Homoeopaths and Eclectics would be
exterminated within ten years. Only a few had reached a moral
plane high enough to be in a position to treat us with fairness and
justice, and to recognize that, whatever difference of opinion there
might be in regard to Therapeutics, Homoeopaths were as well
educated and as honorable as they claimed to be themselves. Stormy
debates, ctimulated by professional prejudices, and emphasized by
angrj' invective and paltry insinuation, were of frequent occurrence.
But our representatives were among the ablest men in our school, in
every respect the peers of their associates in the Council, and quite
competent to hold their own in any contest.

It was hardly to be expected that under these circumstances we
should always meet with fair play. Complaints of injustice were fre-
quent, and the grievances of which we complained were not always
remedied. Probably the worst feature in the arrangement was the
policy of protection for Canadian colleges adopted, under which no
one was admitted to the examination for registration until he had
attended two sessions in Ontario. Of course, as we had no college in
the province, this simply meant that our students had to attend an
Allopathic college before they could get a license.

The second general election was held in 1872, all our represen-
tatives being returned to the Council, with the exception of Dr. Allen,
whose place was taken by Dr, Vernon, of Hamilton. One of our
number, Dr. Campbell, was elected Vice-President. The proceedings
of the Council not having been satisfactory to us in the redressing of
grievances, the subject was discussed at a meeting of this Institute,
held in London prior to the session of 1873, ^^^ ^^ was unanimously
decided that, if the dominant section of the Council persisted in its
course of injustice, we should appeal to the Legislature for a re-enact
ment of the old law of 1859. The redress sought was not obtained ;
on the contrary, the evils of the situation were intensified by the
refusal of the Council to advance Vice-President Campbell to the
position of President, as was the usual custom. It was felt that this
was a direct insult to our school, and though some of the old school
representatives declared that their objection to Dr. Campbell was
purely personal, there were sufficient indications that the main objec-
tion was the fact of his being a Homoeopath, and that professional
prejudice would not submit to the induction of one of that class into
the highest office in the Council. Our members declined to be
snubbed or slighted, and walked out of the Council.

It now became a question as to the proper course to be pursued.
A committee had been appointed by the Institute to seek redress
through the Legislature in the event of the Council proving intractable.
It is not known to me whether the committee ever met ; but without
any consultation with the rest of the profession, its chairman, Dr.

MEDICAL LEGISLATION IN ONTARIO.

Campbell, prepared a bill, which was submitted at the next session of
the Legislative Assembly, asking, not for a law similar to the
Homoeopathic Act of 1859, as was expected, but for the incorpora-
tion of a Homoeopathic Council and College. The measure proposed
was to many of us more than unsatisfactory ; it seemed calculated to
work only injury. The machinery provided was clumsy and expensive,
and evidently prepared for the purpose of conferring arbitrary and
extravagant powers on the Council which it established, and more
particularly on its president ; while the college on paper which
formed part of the scheme was to be protected in the same manner as
other Canadian colleges, by the enforced attendance of all Homoeo-
pathic students upon the lectures of the one or more professors who
might constitute its faculty. Those of us opposed to the bill were in
a dilemma. Though more than six months had elapsed between the
appointment of the committee and the meeting of Parliament, no one
had received any intimation of the peculiar features of the bill until it
was printed for presentation to that body. It was too late for any
conference on the subject, or any private remonstrance. And, for
one, I felt myself compelled to choose what seemed to me the lesser
of two evils, and to declare through the public press my opposition to
the measure, and my individual preference for the amended Act
which had been introduced by the Council, provided they would
insert a clause giving our students the privilege of completing the
curriculum by attendance at Homoeopathic colleges outside the
Dominion, at their option.

The result may be briefl}' stated. Dr. Campbell's bill was
dropped ; and the amendments to the Act (embraced in what was
known as The Ontario Medical Act of 1874) were adopted by the
Legislature. The new features of the Act were chiefly the following :
ist. Extending the term of the Council from three to five years.
2nd. Merging the Eclectics into the general profession, and
eliminating them from the Council at the end of hve years ; which
was done by the consent of the Eclectic representatives themselves— -
a sort of felo-de-se on the part of that school.

3rd. Providing for the authorization of a tariff of fees in the several
divisions.

4th. Fixing a fee to be paid annually to the Council by the
registered physicians.

5th. Providing for the better enforcement of penalties against
unregistered practitioners.

6th. Allowing Homoeopathic students to put in their full time at
colleges outside the Dominion.

Some of our physicians were not satisfied ; and demanded separa-
tion'pure and simple. But it was held by the majority that inasmuch
as the main grievance had been redressed, and our students placed
in even a better position than those of Allopathic physicians, we
would have no reasonable ground on which to stand before the Legis-
lature in seeking the repeal of the Medical Act ; and that it would be
wiser policy to give the new law and the new Council a fair trial.
Such was the opinion expressed at a meeting of the Institute in

if-

MEDICAL LEGISLATION IN ONTARIO.

Hamilton, in 1874 — being the first opportunity we had for a conferc nee
on this matter.

The election of 1875 sent to the Council, as our representatives,
Drs. Campbell, Henderson, Logan, Morden and Vernon. Under the
amended Act, and as the fruit of past experience, there was soon
a visible improvement in the proceedings of the Council and in the
treatment of Homoeopathists. It had become apparent to the
representatives of the dominant section that not only the interests of
the profession, but the very existence of the Council, required that
the Homceopathists should be treated with on terms of equality. They
saw that while our representatives were prepared to assist in every
way possible, even to their own hurt if need be, in maintaining a
high standard of medical education, they would accept no position of
interiority for their school, and would insist on ample justice and the
full recognition ot all reasonable claims.

It took some time for the old fires to die out ; for old passions to
be calmed ; for peace and harmony to prevail. But, as wiser coun-
sels gained the ascendancy, as the more combative elements were
eliminated from the body ; as the members allowed their common
sense to over-ride their prejudices ; each party began to see the better
side of their opponents, and to give them credit for sincerity and
honesty. And there came at last a realization of the fact that only
by harmonious co-opjration, by mutual forbearance, and by united
etfort, could the profession be elevated in the public esteem, and its
individual interests subserved.

This desirable result is, I believe, in process of attainment.
Though originally opposed to the surrender of our rights and our
amalgamation with the old school in the Council, I have long since
recognized that this plan could be operated to the benefit of the
medical profession as a body, in a manner that no former legislation
in this or any other country could equal. The disagreements and
disputes of doctors have become proverbial in all countries. By these,
we only hold ourselves up to public ridicule ; and the laity are inclined
to accept us only at our mutual estimate of each other. What our
profession has needed at all times has been to cultivate an esprit de
corps which would aid us in sustaining and defending each other ; in
elevating and in magnifying our calling.

It is true that we will have our citterences of opinion in matters
of therapeutics. That is unavoidable. These are questions arising
out oi the operations ol unseen vital forces, on which thinking men may
well be pardoned tor diliering. Our difierences are the result of con-
scientious conviction on matters open to dispute ; and are not, as with
some others, solely dependent on retainers and fees. But with it all
we can have a basis ol union. Let us simply give each other credit
for the same honesty, sincerity and good taith that we claim for
ourselves. We need not demand that our neighbors should all think
as we do ; that would be foolish to ask or expect. But we may
demand that all physicians should be cultured and honorable men,
striving to do the work of their profession to the best of their know-
ledge, with the utmost of their skill, in accordance with the direction

MEDICAL LEGISLATION IN ONTARIO.

of their own experience and study. There will be plenty of room for
all of us on a platform of toleration based on the " Golden Rule " ;
and the bonds of union on such a platform can be made strong enough
to sustain the dignity of the profession and advance the interests of
its members.

Since the passage of the Act of 1874, the law has been amended in
several important particulars. It was first supposed that we had
control of all matters medical in the province. But we found that
under terms of the British Medical Act, a person registered in Great
Britain could demand registration in any part of the Empire. This
was a grievance — political as well as medical. In the one case,
because it interfered with the po'.v^rs of self-government belonging to
the people of this country ; in the other, because students who failed
to pass our examinations could go to England, be registered there, and
then come home and compel us to give them a license ; and, further,
because while British licentiates could come into Ontario without
examination, we were not allowed to enter England on similar condi-
tions. It required some time and labor to impress this idea on our
friends in the motherland ; but by persistent agitation this was accom-
plished, and an Act of the Imperial Parliament repealed the obnoxious
law. All who desire to practise in Ontario, whether they be from
Canada, Great Britain, or some foreign land, must now loUow the
same road.

One of the evils sought to be
evil which affected the public

remedied by the Medical Act — an
much as the profession — was the
prevalence of uneducated, incompetent and dishonest persons, who
preyed on the misfortunes of the sick and distressed — parasites on the
profession and plunderers of the people. The amendments in 1874
enabled the Council more effectually to prosecute this class of charla-
tans ; and with such success that there are probably fewer of them in
Ontario than in any other country. But there was another class that
could not be reached — the licensed quacks ; men who had been regis-
tered, but who were disgracing the profession by using the methods of
the quack, advertising themselves as possessed of skill and knowledge
such as the best physician could not have, and which no honest man
would claim. Then there were the men who sold their names and
the privileges their registration gave them to contraband associations,
and travelled around the country as the screen behind which
unscrupulous medical freebooters could operate.

To bring these parties under discipline, amendments were secured
in 1887 by which the Council obtained authority to try registered
physicians charged with such unprofessional conduct, and on convic-
tion to erase their names. To put this law in operation it is neces-
sary for four licensed physicians to bring formal charges against the
party, before the Council can take action. Six persons have been so
charged ; one fled the country ; two were struck off the register ; in
one case action was deferred for satisfactory reasons, and the remain-
ing two are still sub jitUice. 11 there are others in the country
offending in this particular, the Council will act as soon as charges
are preferred. But in view of the fact that a person so punished has

MEDICAL LEGISLATION IN ONTARIO.

the right of apper^l to the civil courts, it has been deemed wise for the
Council to proceed cautiously, and not endanger its position by doing
anything that would savor of persecution.

Still another class required attention. The Council, in accordance
with the Act, levies an annual assessment on all the members of the
College of Physicians and Surgeons. Usually this fee has been $i ;
some years $2. While the majority have cheerfully paid this trifling
amount, there have been some who persistently refused — being quite
willing to enjoy all the benefits of the law while evading the duties it
imposed. The fee could, of course, be collected by Division Court
suit ; but the expenses of collecting absorb nearly the full amount
collected, thus rendering that mode of redress practically valueless to
the Council. To meet these cases amendments were secured in 1891
giving the Council power to strike from the register the names of
those who refused or neglected to pay their assessments for a year —
due notice being first given them by registered letter. Of course, on
payment of arrears the name erased is restored.

To this law decided objection has been made by some of our prac-
titioners. That those who are habitual defaulters in the matter of
asses....ients should object was only natural. But the objections of
those who always pay their assessments, and to whom the law does
not therefore apply, deserve respectful consideration.

The first objection is that the assessment is unnecessary ; or, at
all events, would have been unnecessary, if the Council had not
incurred the expense of erecting a large building in Toronto. To this
the answer of the Council is in brief that the revenue from students'
fees is not sufficient to meet the annual expenditure of the Council,
and that the assessments are therefore required ; but that the College
building, when paid for, will provide a sufficient revenue to enable the
Council to dispense with the assessments now collected. Accommo-
dations of some kind were necessary, not only for the offices of the
Registrar, but for examination purposes ; and it was deemed better to
erect a building which would meet all requirements, provide a
revenue and be a credit to the profession, rather than to put up with
inferior accommodations, for which an annual rental would have to
be paid.

It is further objected that the power granted the Council in this
matter is unprecedented, and beyond the functions of any such body;
— ultra vires. The fact is, however, that it is nothing more than the
usual power exercised by all corporations. Every association has the
right to fix fees to be collected from its members for necessary
expenses, and to suspend from membership those who do not pay.
For example, the Law Association taxes every lawyer in Ontario $17
per annum, part of which is returned to him in printed matter ; and
the non-payment of this assessment results in his suspension, and the
loss of his privileges as a member of his profession, besides subjeciing
him to the penalty of a heavy fine. The druggists are required to
pay $4 per year, and the delinquent becomes liable to all the penalties
incurred by one who sells drugs without a license.

In the Province of New Brunswick, sec. 5 of the Medical Act of

MEDICAL LEGISLATION IN ONTARIO.

»5

1882 requires each registered practitioner to pay an annual fee of not
less than one nor more than two dollars ; and sec. 2 of the Act of
1884 erases from the register the name of every one not paying his
annual fee, being, in fact, the very same law that we have in Ontario.
In Quebec, clause 3,986 of sec. 2, chap. 4, revised statutes, says that
every licensed physician of that province " shall pay the sum of two
dollars a year " ; and by clause 3,994, unless he has so paid, no per-
son can collect an account for medical attendance, nor be entitled to
any of the rights or privileges conferred by the Medical Act. The
Manitoba Medical Act, sec. 15, calls for a fee of not less than one nor
more than five dollars a year, recoverable with costs of suit in any
county court ; and sec. 22 of the amended Act of 1888 debars the
delinquent from voting at election for the Medical Council. Sec. 35
of the North-West Territories' Act requires a similar fee. In British
Columbia, by sec. 53, chap. 81, "every legally qualified medical prac-
titioner shall pay annually to the Medical Council of British Columbia,
on or before the ist day of March in each year, the sum of ten dollars,
and shall obtain from the registrar of the Council a certificate under
the seal of the said Council of the payment of the same." So it is
evident the idea of an annual assessment, enforced by serious pen-
alties, even to the loss of license, is not such an unheard-of regulation
as some people have supposed.

It has been claimed by some that not even the Legislature can
give the Council power to erase a physician's name from the register,
and thus deprive him of his license, for the non-payment of an annual
assessment ; that having once received a license to practise medicine,
it cannot be taken away from him ; that he has a vested interest
which cannot be successfully attacked except through felony on his
part. This arises evidently from a confusion of ideas as to the respec-
tive rights accruing from a diploma and a license. A man may be
said to have a vested interest in his diploma, which is simply a cer-
tificate of scholarship and nothing more. But no man can claim to
have or to hold a license to carry on any business in a community,
no matter how laudable that business may be, except on such reason-
able terms as the community may impose In this province, the
people, acting through their representatives in the Legislature, con-
stitute the only power that can authorize a man to practise medicine.
They have exercised that power by the enactment of certain laws ;
and only by obedience to the laws enacted, whether by the Legis-
lature, or by the Council to which it has delegated its powers in the
premises, can any person secure or retain a license. And the same
power which grants a. license may for good cause, such as the refusal
to obey its requirements, suspend or revoke that license.

It has been said that while the enactments of the Medical Council
may be obligatory on those who receive a license from that body,
they cannot be enforced against those who were licensed by the
Government of Canada before the Council came into existence. But
the fact is that all practitioners m Ontario are practising under per-
mission granted by the Council ; not only those who have been
licensed since 1869, but those who were in practice prioi to that date.

^iKf^N

MEDICAL LEGISLATION IN ONTARIO.

These latter acknowledged the authority of the Council by applying
to it for registration, paying the fees demanded, and receiving its
license. They have availed themselves of the privileges granted by
that license — not onl)' of practising medicine, but, writh very few
exceptions, of acting as members of the College of Physicians and
Surgeons in the management of its domestic affairs, and voting at the
elections for the Council. Is it not too late now to repudiate the
authority which they have hitherto acknowledged ? and is it fair to
attempt the evasion of duties imposed by that authority, while, at the
same time, availing themselves of the privileges it bestows ?

But, while the legal right to collect the annual assessment in the
manner indicated cannot be successfully questioned, there may
reasonably be a difference of opinion as to the expediency of the law.
As to that, it need only be said that the Council acts for the profession,
and endeavors to carry out in good faith what it believes to be the
desire of the profession. Its action in this matter has been based on
the belief that the great majority of the profession are quite willing to
pay the trifling asscssmcint called for ; and, being willing to pay it
themselves, would approve of any method which would enforce its
collection from those who were wilfully delinquent. If that is not the
case ; if the profession is opposed to the assessment, or opposed to the
plan adopted for its collection, it has only to express its wish, and the
Council will not object. Hitherto the profession has not given any
adverse opinion ; only some individual members have objected. The
territorial representatives in the Council, who are supposed to express
the view of the profession at large, are unanimous in support of the
annual assessment, and of the annual certificate,
doing as their constituents desire, the remedy is a
them out at the first opportunity and elect others,
representative body, and will do just what its constituents want it to
do. The Council is just what the profession makes it. Any
grievances, real or imagined, can be redressed there. But to go to
the Legislature for redress, is to make the humiliating confession t^at
we are incapable of self-government. And if that be so, then the
logical conclusion would be that the Legislature should abolish the
Council, and place the profession in charge of the Education Depart-
ment, which attends to the needs and requirements of children ; or
else hand us over to the Inspector of Charities, who looks after the
interests of the feeble-minded.

While the status of the profession in Ontario, as affected by
provincial legislation, has been sufficiently indicated in the preceding
remarks, the discussion of the subject would be incomplete without
some reference to the curriculum of study imposed upon students,
and the requirements prerequisite for registration as a practitioner.

Under earlier legislation, the curriculum of the Canadian colleges
whose diploma entitled the owner to a license, called for four years
medical study, and two courses of lectures. The matriculation exam-
ination was under the control of the colleges, and demanded what
was supposed to be a fair English education, with a smattering of
Latin. The Medical Council started out with a curriculum very

If they are not
simple one ; turn
The Council is a

MEDICAL LEGISLATION IN ONTARIO.

similar. From this point it has steadily prof,aessed, step by etep,
until in 1891 it reached a position not only far in advance of the
United States, but one which compares favorably with the older
countries of Europe.

Our matriculation is now the junior matriculation fo* an Arts
course in a University, as fixed by the Government, with the Science
course compulsory. Dating from the time of registration as a matri-
culant, comes five years of medical study ; during the first four years
there must be an attendance on four winter sessions of six months
each, and one summer session of three months ; and following these
a year of clinical work in hospital, or dispensary, or laboratory.

In the United States, the highest standard reached has been the
three year graded course adopted by the Homoeopathic colleges, and
by a number of the old school mstitutions. But there are still some
of the latter that will graduate a student in two years. In Europe
the standard is worthy of a learned profession. The English cur-
riculum is somewhat similar to ours. In France, the matriculation
preparatory to seeking the degree of Doctor in Medicine is a B.A.
degree similar to the pass B.A. of Oxford, and also a B.S. All the
continental nations have a matriculation approximating that of
France. Sweden, with its high school graduation, its year or more of
university training, followed by seven years ot professional study, has
probably the highest standard in the world.

It may be objected that in a young country like ours the standard
of medical education is too high, and is for many young men almost
prohibitive. Bui the public do not suffer thereby. We have now in
the province about one practitioner to every 800 people — or about
double the proportion in Great Britain. Unless the population of
Ontario increases much more rapidly than it has done in the past
decade, we have doctors enough now to supply all the public needs
for years to come. Nor do the young men seeking a calling suffer.
It is better for them to meet some discouragement in the attempt to
enter an overcrowded profession ; and many will be benefited if the
di ficulties they meet should turn their attention to some occupation
which can promise them a more profitable and a more immediate
reward.

But those whose circumstances permit them to undergo the pre-
paration necessary for the practice of medicine or whose energy and
enterprise enable them to overcome the difficulties that meet them in
the way, will value all the more the privileges and honors that can be
obtained only by labor and long continued effort. And the profes-
sion kt large will reap the advantages that result from the admission
to its ranks of only such as are well-educated, cultured and capable,
calculated to honor their calling and to make it honorable, and thus
raise it to a higher position as a beneficent influence and a social
power than it ever occupied before.

It is quite true that the reference to the overcrowding of the pro-
fession cannot be said to apply altogether to the Homoeopathic branch.
It is no doubt a fact that with the extended curriculum in Ontario,
and the absence of a Homoeopathic college, our students, going to the

MEDICAL I.KGISLATION IN ONTARIO.

United States to attend lectures, and graduating there a couple of
years before they can be licensed here, are tempted to remain in that
country and follow the example of so many Canadians who appear to
have found a foreign land more profitable than their own. And in
this view of the situation, with the idea simply of increasing the num-
ber of Hom(Xiopathic physicians in Ontario, a lower standard and a
shorter course might have been preferable. But the Homceopathic
representatives in the Council are there not alone for the purpose of
increasing our numbers, but to serve the interests of both the public
and the profession. We have ever been the consistent advocates of
the highest possible standard of education for all medical men. And
while we do not approve of the therapeutic methods of the old school,
it is our duty to see that practitioners of that class shall at all events
be men of good education. If the greater facilities for obtaining a
medical course, and more speedily acquiring a practice, in the United
States, prevent our having as many Homceopathic physicians in this
country as we would like, the next best thing is to have our Allo-
pathic brethren well trained for their work ; because as they become
better educated, with the broadening of their minds by continued
study and liberal culture, they will become better fitted to investigate
all theories in medicine, and all forms of practice, without bias or
prejudice, and to adopt the scientific therapeutics characteristic of
the new school. For this reason, while college and territorial repre-
sentatives were divided among themselves at the session of 1891 as to
their support of the advanced curriculum, the Homceopathic repre-
sentatives were unanimous, and by their votes secured its adoption.
Had they not given it their undivided support the proposition would
have been defeated.

Many years ago there was an absurd idea prevalent among old
school physicians — an idea the offspring of ignorance and prejudice.
It was that Homoeopaths were an uneducated class. To us —
acquainted with the character of our colleges, and the character of
our men — such a charge was extremely amusing. Nevertheless, it
was a charge frequently made. At one of the earlier sessions of the
Medical Council, reported in the Dominion Medical journal of April,
1870. a college representative in expressing his disgust with the union
of the different medical sects in the Council, said that *' if the Allo-
paths were to be kept in it by compulsion, they were justified in
making these men (the Homoeopaths) become educated in pathology
and diagnosis before sending them to practise on the public." This
slur on our physicians has been amply revenged by our course in the
Council, which has resulted in raising the standard of medical educa-
tion higher than many of our Allopathic colleagues were inclined to
favor. The medical profession of Ontario has to thank the Homoeo-
paths for the high position it occupies in this respect. Had we not
consented to surrender our old independent Board of Examiners, and
unite in the formation of the Council, that body would not have been
in existence. Or if it existed at all, it would only have been as the
Council of the Parker Act — the Homceopathic and Eclectic Boards
retaining equal powers. Aud if our representatives in the Council

MKDICAL LEGISLATION IN ONTAKIO.

had not always supported every proposal to advance the curriculum,
there would have been a much lower standard of education in force
than that of which we boast to day.

Thus, as briefly as possible, I have endeavored to sketch for you
the history of medical legislation in this province, and to indicate the
progress we have made. Our profession has now obtained a position
worthy of public respect — one which will help us materially to make
the name of physician an honor to those who bear it. It has under
the Medical Act powers of self-government by a representative body
almost, though not quite, equal to those possessed by the legal pro-
fession. For all necessary purposes its domestic affairs are under its
own control. By acting in unison and in harmony it can make itself
as a corporation all that it desires to be. There only remains for
those of us who are already legally qualified to practise, and for whom
no further curicula wait and no enforced examinations are pending,
to maintain the dignity of our caUing by that ceaseless study, that
careful work and that honorable conduct for which no law provides,
but without which our own lives will be unsuccessful, and our pro-
fession suffer loss and shame.

APPENDIX

The Homceopathic Medical Board of Upper

Canada.

ESTABLISHED BY ACT OF PARLIAMENT 1859.

(Dfflfccrs :

President— D. Campbell, Toronto, 1859-69.
Secretary-Treasurer— J. J. Lancaster, London, 1859-68.
•• J. Adams, Toronto, 1868-69.

iil embers :

D. Campbell. Toronto, 1859-69.

J. J. Lancaster, London, 1859-68,

A. T. Bull, London, 1859-65.

A. Greenleaf, Hamilton, 1859-61.

J. Hall, Toronto, 1859-63.

Thos. N'-jhol, Belleville, 1861-65.

G. C. Field, Woodstock, 1863-69.

W. Springer, Ingersoll, 1865-69.

J. W. Fergusson, Hamilton, 1865-69.

J. Adams, Toronto, 1868-69.

Al'l'KNDIX.

HOMCEOPATHIC MEMBERS OF THE MEDICAL COUNCl!

OF Ontario,

D. Campbell, Toronto, 1869-77; Vice-Pies., 1H72 and 1H77; Pres.,

1878.
H. C. Allen, Brantford, 1869-72. .
W. Springer, Ingersoll, 1869-75.
G. C. Field, Woodstock, 1869-75.
J. Adams, Toronto, 1869-75.

E. Vernon, Hamilton, 1872-90; 1892 (By appointment in place of Dr.

Oliphant, deceased).
Geo. Logan, Ottawa, 1875-92; Vice-Pres., 1879; Pres., 1883.
G. Henderson, Strathroy, 1875-92 ; Vice-Pres., 1886; Pres., 1887.
R. J. P. Morden, London, 1875-82.
Geo. Husband, Hamilton, 1878-90 (In place of Dr. D. Campbell,

deceased).
CI. T. Campbell, London, 1883-92 (In place cf Dr. Morden, deceased);

Vice Pres. 1892.
Leonard Luton, St. Thomas, 1890-92.
W. H. Oliphant, Toronto, 1890-91.

THE CANADIAN INSTITUTE OF HOMCEOPATHY.

Prior to 1865, there was no regular association of Homoeopathic
physicians in Canada. In the negotiations necessary to secure
favorable legislation, the few members of the profession consulted
each other by correspondence and occasional interviews. Under the
Act of 1859, the election of members of the Homoeopathic Board was
entrusted to such licentiates as might assemble in Toronto at the
annual meeting of the Board in January ; and it became the custom
of those who did attend for that purpose to utilize the time by discus-
sions on medical subjects after the manner of medical societies. At
the meeting in 1863, it was decided to form an association for mutual
improvement and the advancement of Homoeopathy ; but nothing

111.

APPENDIX.

was done until September 20th, 1865, when, in response to a call, the
following physicians met in the Masonic Hall, London, and organized
the Canadian Institute of Homoeopathy : Drs. W. Springer, Ingersoll ;
G. C. Field, Woodstock ; J. J. Lancaster, London ; E. Vernon,
Hamilton ; F, G. Caulton, Guelph ; CI. T. Campbell, London ; L.
F. Crawford, Hamilton; R. J. P. Morden. London; H. C. Allen,
Brantford ; A. H. Thompson, St. Thomas. There were also present
Drs. A. T. Bull, Buffalo ; T. P. Wilson, Cleveland ; and E. Lodge,
Detroit. The following officers were elected : G. C. Field, President ;
J. J. Lancaster, Vice-President; H. C. Allen, Secretary-Treasurer.
It was intended to meet annually, but it did not always do so ; and
from 1874 to 1880 no meetings whatever were held. In the latter
year it was re-organized at Hamilton ; and since then it has met
continuously.