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I a J 32X 1 2 3 1 2 3 4 5 6 (if-:: A '^'^ , ■ r -- -^ lH. ?"* *sJ *1 A STATEMENT OP THE DISPUTE BETWEEN THE LATE MEDICAL BOARD OF The Provincial and City Hospital, AND m THE BOARD OF COMMISSIONERS OF PUBLIC CHARITIES. HALIFAX, N. S. 1886. THE STATEMENT -OF- THE MEDICAL STAFF. I \ With a view to placing in a correct light tho cii-cumstances which cuJiniiuited in tlif) rosignation of the Medical Board of the Provincial and City Hosjiitul. nnd that onr [josition in relation to that institution may Ik^ j)rop('rly undeistood we have thought it advisable to place before the profession of the Province the following statement of the case : In 1S07 what was known as the "City Hospital," and, under the nianagt^neiit of the city medical officer, was used for the reception of infections diseases, was, as the result of negotiations between the City, Provincial and Dominion authorities converted into a General Hospital to be thereafter known as the " Provincial and City Hospital " and to be used for the reception of patients suffering from all forms of disease, from all parts of the Province, as well as the city of Halifax, and for the treatment of sick seamen. The Dominion government became parties to this arrangement from assurances given that net only would they thus be saved the expense of erecting a special hospital for their seamen and paying a special oHicer to look after them but that they would have the supreme advantage that every sick seaman would when necessary have the benetit of the skill and experience of a dozen or more physicians instead of one. The Hosi)ital as then organized was, together with the Poor's Asylum, placed under the management of twelve non-paid commission- ers ; eight of these being appointed by the government and four by the city, two of the former being medical men. This state of matters continued till 1878 when by act of legisla- ture the three humane institutions. Hospital for the Insane, Provincial and City Hos{)ital and Poor's Asylum were combined under the manage- ment of the present Board of Charities, which, as is well known, consists of five members, a chairman, the Commissioner of Mines and Works ex-ojicio, the mayor ex-ojficio, and three paid commissioners appointed by government for a term of three years. As regards the medical management this has from the first, in accordance with the custom of all similar general hospitals, consisted of a complete staflf of attending and consulting physicians and surgeons giving their services without salary. Any change from this mode of service has never been considered advisable. In addition to these (4) visifiiii,' physicinnHniid KurgcoiiH there wna also estiiMislu'd a liousc staff. At ti^^st ami for soiiit- ycurH this consisti'd siiii|i]y of a n .sidr; t house 8ur<,'i'i)ii, who r<'c(!ivfd a salary and whose apjiointiiniit was jm riiiaiicnt. This arran^'niiu'iit contiinH-d in force until IST'J, when the incuin- l)ent ot the latter position having resi^'iied, and it Iteinj; also already felt that a change was necessary in order to hrinj,' the niaiiayenient of the Flospital niore into accr)i(lance with similar institntions elsi'wh(>re, it was decided at a coTifeience Ix'tween tlit> Commissioners and the Midical iioaid, that a new system he adopted fdi' maintiiinin;!; a resident stiiflT, and the method which up to the present time lias Keen in tnrce was inani,'iii'ated, nanudy, of appointing \<\ comiK titivc e.xamimition two j^eiitlemen to act as House Surgeon and Clinical Cleik resjiectively. The appointments were to he made annually, and it was letpiired of the applicants tluit tiu'V he unmarried and preparetl to reside constantly in theing even consulted in the H'atter. The occurrence of this oH'ensive action following so ■closely upon the foinier case so roused tlie indignation of the Medical iJoard tluit they would at that time have uudoubtetlly resigned had they not before taking that step received from the Commissioners an emphatic assurance that no such difficulty should again occur. This year (1885) as usual in accordance with sect ^, chap, iii., of the (Commissioners' by-laws and regulations — "Tlie Boai"d shall one month pre* ions to the first of May in each year advertise for applicants for the positio!), and applicants shall undergo a competitive examina- tion before the Medical I'oard, who shall communicate the results ther(!of to tlu; Board " — an advertisement appeared for some weeks prior to May 1 inviting applications tor the position and specifying the terms of the a]ipoinlment to cninpeiitivc. examination. In response to this advcrtiscmt lit two gentlemen, Drs. (ioodwiu and Hawkins, applied for the position. Th(! ap[)lications were leceivwl by the (-ommissioners, who, con- sidering both ca.ndidates in all other respects fully eligibh;, referred them to the Medical Board to determine oy the competitive examina- tion required by the by-law already quoted, which candidate was entitieil to the position. The examinations wero held at the Hospital on the lJ7tli and '28tli of April, and were conducted as already indicated. The result of these examinations, as reporttKl to the Board of Charities, was that Dr. (ioodwin had made an average of 80 per cent in all sub- jects while Dr. Hawkins had made only 66 per cent : in short, that Dr. Goodwin had won the position by 14 points. It should hen! be remembered, as was also pointed out to the Commissioners, that Dr. Goodwin had already luid the experieuce of twelve months iu the Hospital as assistant house surgeon, and on several occasions had to take full charge of the institution, and had at all times proved himself a most capable officer, while Dr. Hawkins except as an ordinary student, was a stranger to the Hospital. The indignation felt by the Medical Board may thus be well imagined when \ (0) on tint riist of May tlio Scprotmv wuh infonncd It? flic nimni of Com iiiiNsioiu'iN tliat llic iiit'ci'ioi' riiiididntc, |)i', Hawkins, had licrn a|i|iijeet in uddrcHsiiiK you is to endeavor to sliow tlint tlie action of ttie medical hoard in resiKuinK was not as you say "ha.sly" or "impetuous." I confess that when I thst heard of the resiKiialion 1 (houKht it was jierniature and so expressed myself to one of their l)ody, hut on perusing th ir statement as sutimitted to the puhlie in the KnniD'j Mii,il, of :\Iay 'j:!rd, I satistied myself that that resignation did not take place one hour too soon, Tlic facts in the Htateniont referred to have not 1 helieve been disputed, and may, there- fore, he assumed to be correct. These facts I shall sunimari/.e as briefly as possible and they are conclusive to my mind that the time hud arrived for the medical board to resign. tinthe^Vth and liHlh April, (ioodwin and Hawkins were sub.jectcd to a eoiii- petive exaniination the result of which was tluit the former made an averat,'e of SO p. c -the latller till p c. On May 1st, the cdiarities board made it known that Hawkins, the candidate iiiakiiij^ the lowest marks, had been appointed to the iiosition. On the foUowint? day the medical hoard passed a resolution virtually pi'otcstinif, and avowini< that they "w ill not consent to have their honour compromised by beintf made parties to such an object ional procedure." On the same day. May 2nd, they had an interview by appointment with the hon. provincial secretary, ''sutimitted the purport of the resolu- tion, slated their views fully, aiul iii(licat' ciioiiiusxitiHeni if pemistnl in, would be roslKnation of the medical atatl'. He promised to brint? this matter before the members of the board of charities, and also aihised that we ourselves (niedieal board) should communicato with the commissioners." This was done by letter iinmediately to the coinmissionors, asking if there was any misunder- standint? of the return made of the result of the conipetive examination, otherwi.se they could not comprehend why the gentlemoii who failed to make the highest number of marks at the examination had been appointed, and concluded by saying, "This board will be plea.sed to be informed of your reasons for departing from your rule and established custom in this matter." Again on May 6th, the medical board (believing that a rc-considcration of the appointment would be made) addressed another letter to the commissioner strongly urging the appointing of br. Goodwin, anil giving vi.lid and BUtllcient reasons why he was the best qualified for the position. "The conimis- Bloners met on the following Wednesday, and an immediate answer was expected by the medical board, but Wednesday and Thursday passed without any reply." On Fri- day tho doctors met and unanimously pasted a roBolution to resign, but decided to defer (7) r thoir rpKltfniitlnn iinlll Iho rninininKlononi hiul iitfHln met. Thai aftrrnonn, however, '<> iliiliK iiftiT till' li'ttiT of till- iiirilU'iillKiiinl IwkI bi'i'ii Hoiil, tlid followInK ri-|>ly wh« rccclvi'il iinil rcuil ul ii M|iiri'ti( ii|i|iolntiiioiit of Iioiihd hiii'K<'oii to tlin I*. & ('. llo.>i|iltal> mill I iitti to Hiiv that IIiIn lioiiril lii-lioviiiK i'IIIht Ki'iiticninii i|ualitl<>it for t hi' iMmitioii fXnvhfil itd loiiKor oxcupt at thi' Hacrillce of tiulf-ruH|iuet. HopliMiilxM- 1 th. ISW. \V. J. Lkwih. V. S, (t iiiiiHt not ))(! foi-Kotlrn tlial a Hoiiii'whiit Hluiilar airiiir oci'iirrcd in a jiruvioiiH hiiH|iital apiioln'incMt not loii^ axo, mid which was then prorrMlL'd aKaiiiHt and Ml intiniatiiMi k'^i'ii Ihat ii rKriii-rencu would lit' fuliiiwiMl liy ruHi»{iiuliou. Oil tlit( otlicr liaiid we think it shoulil In* cviili'iit to all that the resis,'ii;itii)ii of thi' iin-'liiul st If, cvtMi thi)Uj,'li i»|)|ian'iitly histy, wa.s witli a virw to the licst interests of tlie iiaticnts. It is neocssai-y, as has lici-u well oliscrvcil liy the lloii. |)r. Parker, in his hotter to th« Coniinissioiiers when teiahMiii^' liis resi;.;nation, "that tlie person tilling the position of liotise siir;,Myin sljonlil have tlie entire conli'lenee of hi.s isnperiiii's as to intejfrity, imius-try and the ilisiuisition to oliediently \-,\vvy out tliiir orders and instiuetions. To some extent the honse surjL^eon iiolds in liis liaiuls as it were tlie reputation of hin superiors; nnd if this t'aet is iK)t morally appreciated it ciiii ri-adily he iimi^ined what results iniij;ht follosv in the wake of an ineUieient and unfaithful ortioer. An ollicer ajipointed in opposition to tlie |■ul(^s and rej;ulatious of the liospital. and to the tindin;,' of the professional examiners of the eoin.)etitors, eannot hut he inlluei;ued hy th(f thoiiijht that he is to a .hirjje extent iiiilepeiKJent of the niedie;il stalf, and is rather the siilior- dinate of the hoard, to whose yno 1 uliiees alone he is indehted for his position." '. iie ut'er inipossihilit v of iii'v stalF heinir uhle to work to the advanta^^e of the patients with a hou.se surgeon foived into that jiosi- tion and his apiiointinent realliiined contrary to their jirotestations is, we think, in view of the aliove very a|tparent, and the sooner such a condition of alfairs is hrought to an end the lietter, even though, as in this case, it should demand the resignation of the stall". The Medical Hoiird has still further l)een accused of preventing a settlemei t of the dilHculty, 1, l)y securing the outside memliers of the profession in a com- binatiiin to " hoycott " the IJoard of .Charities luid prevent the ohtaining of a new stal£ (8) 2, in refusing to confer with the (Commissioners on the qnestion- in dis])ute. 3, in refusing; to refer the matter to arhitratioii. 4, ill fru8tratinlic rumors and the news- papers," etc. Still further in corroboration of what is so strongly insisted upon by Dr. Rigby we have the conespondence from Dr. Goodwin which appeared in the " Herald " of Oct. 19, and which speaks tor ito'^lf : To the Editor of thi' Herald : Snt,— In a recent issue of the Mnniimj Chronicle I notice that the late inerticnl hoard has heen conuiellod to rtefiaid itself ayrairist cliiirKCs of using means to prevent tlii' out- side au3dical uien from taking positions upon the hospital stadf. and of tlius boycotting i (9) the bmirfl of oharitlos. I rctifret that in eupousinK my cause the Kentlemen composing the Into HtafT should have m(;t with such inaultlng treatment from the board of com- iijissionors and their ayinpnthizers, and still more do I regret it when I believe that a certain action ot" mine undertaken by the advice of one of the outside profcasion and without the knowiodRe of the medical board, has been designedly made use of against the late stafT, in fact attributed to them. I wish, therefore, to make the following explanation : Tmniediately after the appointment of Dr. Hawkins was announced, I was asBurcd by the memtiers of the medical board that unless the decision of the hoard of charities was reversed, or a satisfactory explanation given, they would resiKii their positions in connection with the hospital. In conversation with other members of the profession I found tliat they profess d to regard the appointment in the same light as the late board. Talking over the matter one day with Dr. Rigby, however, he end'-avo- ured to give me the impression that neither the medical board nor the outside members of the profession could be depended upon. The best thing, he thought, was to get up two papers -one to bo signed by the stafT, the other by the outside men. WiUumt con- sul' intr the membors of the board I fell in with his suggestion. Dr. Uigby then dictated the paper hereto annexed. Dr. Uigby then signed the paper and acting under his advice alone. I went to other member of the profession i)ieluding Drs. Frasor. ATar.''hall. Lathern, McFatridge, Campbell. Fitch, and secured their signatures. When the matter came to the knowledge of the me lical board, or rather of members of it (for some 1 believe never knew of it at all) they advised me that I was making a mistake, and gave me every assurance of their intention of resigning, unless the wrong was roctitled ; and so I was dissuaded by them from seeking any more signatures and thus the matter ended. I hoi)e the above explanation will be taken as wholly absolving the nvdieal board from originating or endorsing any attempt to boycott the board of charities. P. W. Goodwin. Harlland, Carlton Co., N. B. The following is the paper written from Dr. Rigby's dictation with the signatures obtained :- Halifax, May 2nd, 188.i. We, the undersigned physicians'of Halifax, being aware that Dr. Hawkins has been appointed house surgeon of the provincial and city hospital, notwithstanding that another applicant, Dr. Goodwin, in competition for the said position before tne medical board, had passed a far more successful examination, and not being aware of any reason why the liiiter gentleuian should not have been appointed ; hereby agree that should the ineMihers of the medical hoard of the city hospital resign their position on the statT of the H.iid hospital we will not accept any positions that may be olTered therein under the following conditions : viz., that the present members of the medical board promise or agree among themselves tliat they will not again serve in the said hospital in any capacuty until Dr. Goo Iwin has been regularly appointed in the place of the present incumbent. Chaki.ks D. Rigby, M. D. D. A. Fhasek, M. D. T. R Marshall. M. D. Robert MoFatridok, M. D. J. S. Lathern, M. D. D. A. Cami'hell, M. D. S. Fitch, M. D. As regards tlie isecoul ground of rompLiint against the Medical Board, — had the Ooininissioners before dectdi.n;/ upon their most uujus- tifi:il>le ("oursi^ of appointing the inferior candidate asked a confer(uice of tlie .Mb lical fioaril, iulimitiug that while they had every reason to believe that !)r (lojhviii might professionally be the superior, .still that they had other and higher reasons which, when explained, would mon; than ooiinterhaiancc this claiii) of professional knowledge, uot- witlistandiiig that this, it" true, should, as already stated, have posi- tively dtOiarred Dr. (xoodwin t'lom lieing admitted to the oompetitic u — the Medical Board would willingly have consented. Believing, however, from the fact that no such confereence was asked thai; there was no tenable or just ground of complaint against Dr. Goodwin, and being strengthened in that belief by the offensive reply given by the (10) Commiasioners wlicn asked for an explanation of tlieir unusual course, the AFedical Board felt justified in refusiuf; a conference on this parti- cular point. For, as was admitted by all, the Commissioners had at least in this particular committed a ^rave mistake. They, however, stated that as soon as this one mistake was rectified they were ready at once to confer with the Commissioners on the many other matters upon which, as was pointed out in their first "statement," a conference was most desirahle. Subsequently, however, through the intervention of the Hon. Mr. Fielding, a conference was held in his office, liut as the representatives from the Commissioners failed to confine them- selves in the outset to the point at issue it resulted, as was expected, in notiiing definite. The third objection raised again.st the action of the medical staff .las reference to the so-called arbitration. About the middle of July, over two months after the lesignation of the Medical Board, a prominent supporter of the govei'ument called on the Hecretary, af)parently as the representative of tht; Ifon. Mr. Fielding, proposing that the matter be submitted to arbitration, Thinking that the proposal emanated from the government tin-, Secre- tary at once called a meeting for the pur})Ose of considei'ing it. Subse- quently to his having done so, however, he met the Hon. Mr. Fielding himself, who expressed regret that this had been done, as he had no authority to make any such proposal on behalf of the Charities Board. As he had nothing official to propose he wns sorry that a formal meeting of ^'he l)oard had been called, and he did not wish to receive any formal resolution, or any official representative from the Medical lioard, en the matter ; all he could say was that if he were .satisfied tliat the leading members of the Medical Board would favor subniittinii; the case to arbitration he thought he couM secure the cooperation of the Charities Board. Other members of the board were approat'lied in the same indefinite way, but consideration of the question w.is deferred to the meeting which had been called On Friday, .luly 17, the board met, and some of tiie mend)ers were favorably disj osfl towarils the idea; but there being no definite proposal (utlier from the govcinment or from the (1iariti(^s IJoard before tlu> meeting they decided tliat they were unwilling under such circumstmce.s to commit tlieniseUes to any cotu'sc of action. We now c(jme to the last and perhaps most serious cliar;;e preferred against us, namely, that having agiee.l to sulanit the (pesi ion in dis- pute to a dndge of the Supreme Court we hitei' on, throiinii fear of an adver.se dei-ision, receded from that position. A careful consideration of the circumstances which led lo this })ropo.sal, and the \arious ste])s subse(jueiitly t;dv<'n, will con\ nue any candid person that failure to obtain a decision in tlii.-. way uas (l:ic to no fault of ours. It is first necessary to explain how the pro[iosal came aliout. Tlio (3ont,iiiuarice of the Halifax Medical College, which had bf!eii in existtsnce tor the last eipfhteen y«ai-s, was endangered by the resignation of tlie Hospital staff. The College issues an announce- ment about the second week in June in each year. It was ])repared as usual this y(Mir, but its |)ublication was deferred from time to time with the hope that the ditticulty would be adjusttid. On the 16th of July, one month after the time when the announcement is generally issued, a special meeting of the faculty of the College was summoned to consider the question. After a lengthy discussion of the matter the following resolution was passed : " Whereas a ditficulty between the Commissioners of Public Charities mid the Medical Board of the Provincial and City Hospital has led to the resignation of the latter ; and Wherms the resignation of the Medical Board will prevent students of the Halifax Medical College receiving ins' ruction at the Provincial and City Hospital ; and Whereas the restoration of the Medical Board does not appear probable before the time of publishing the Annual Announcement of the Medical College ; and Whereas it is necessary for the Halifax Medical College to publish an Announcement, therefore Resolved, that if the Medical Board do not resume duty before the 7th of August next the Halifax Medical Coll(>ge will announce its inability to continue courses of lectures during the coming winter." The Secretary was directed to forward a copy ot this resolution to the Ccvernors of J>alliousie College, with which body the school had recently become affiliated. The Governors met shortly after and requested their chairman, Sir Adams G. Archilnild, to take action in the matter to prevent if possil)le the closure of the school. He at once called oil the Hon Mr. Fielding. The substance '>f the interview and what followid thereupon is stated by Mr. Fieldinir in his letter to the Murniiui Chrouic/e of Oct. .'5, as follows : " After n protracted rliseiiHsioii of the whole subject my visitor saiil he thought that if the parties ehietly eoiicernccl coulil begot together a niean.s of scttlcinenv could surely be found. Ih sjioke of the governors of Dalhousie, at their next meeting, taking some action and oilering tlieir ser\ ices to try to bring about a better state of affairs. I said thut the (lelii.x was not calculated to make a settlement easi -r. an;l that whatever was to be done should l)edone (piickly. 1 proposed that informally a ronfiTcnce be had on that same day. 'I'liis snj.';^eslion was at once accepted and with within a few hours three governors of Dalliousie college, two members of the meilical board, and two members of I he charities board met with me at my oliico and folly disoassed the ques- tion. An eiuineiit lawyer, who had a part in the conforenee said after looking into the statute and hyelawsof the hosjiilal. that the appointment of Dr. Hawkins was "illegal"' One of the doctors said that had been the view of the medical board. I asked why the medical gent leiiien had not acted on that belief and taken the case into the courts? The doctor, replying, asked why the members of the medical Doard, or Dr. Goodwin, should be rc(piired lo go tlie expense of a law suit to make the chai'ities board do right ? I then said that if the expense was the diftlculty it could be remo\ ti.l. as the government would pay any reasonable expense of submitting a case to the court if the two boards would agree to accept the court's decision. This was generally accepted as a fair otter and a basis of settlement. There was some discussion as lo the means of getting a hearing whether the full court or a single judge should dispose of the question. The objection to the full court was that there might bo delay. The sentiment of the confer (12) encc WHS thnt if a xin;ilf jiieal, but no (l('tlnit(? uiKit^rstiindinif was coinoto as to Iho form of tho reference, further than that the quuHtion at insue was to bo tho le^al one." Mr. Fi(3l(lini,' in the course of the discussions gave the assurance that if tho Mt'flical Hoard should agree to the proposal he would secure the co-o])eration of the Charities Board. The INIedii-al board met next day and agreed chiefly in the interests of the college to suhinit the case to the decision of a single judge, but under the following conditions : Int. That the judaC be either the Chief Justice or Judge Thompson. lind. In event of return to duty the board have assurance of amendment of by-laws governing their positions. 3rd. That letters sent to members by commissioners l)e with- drawn. (On July 29th a letter was sent to each memlxir of the old board informing them that the resignations tendered in May last would be accepted, if not withdrawn on or before the 5th of August.) Unfor- tunately about this time the Hon. Mr. P^ielding left the city and some diffiinilty anil delay was experienced in conveying the decisions of the medical staff to hitnself and through him to the commissioners. To hasten matters Dr. Parker telegraphed Mr. Fielding as follows : '• Reference agreed to, in case charities last letter is withdrawn and a promise given to amend by-laws. Another condition which T will talk to you about. Please put case before Farrell foi- his con- currence." He received the following reply : "Your message favor- ably received. I'lease write me as to conditions. Now that a settle- ment is approaching I hope no conditions will be made that can be objected to. Farrell agrees." Dr. Parker imnuMliately re[)li<,'d as follows : Hon W S. Fielding, Hubbard's Cove. In reply to your telegram of this date I have V)ut little to add to that which mine of this morning contained. The "other condition" about which I said I would speak to you on your return had reference to the judiciary, and I think it would be better to let this matter stand until we meet. I do not think any difficulty will arise in con- nection with it. The necessity for a nnision of the by-laws is mani- fest, and there need be no delay or opposition on that point. All the Medical board require in relation to the professional minagement of the hospitid is what has been conceded by the trustees and din.'ctors of similar institutions elsewhere. The withdrawal ot the letters s(!nt to the individual iuenil)ers of the Medical Board by the Hoard of Charities under date July 29th, is a necessary part ot the procedure I am yours truly, D. McN. PARKER. A day or two after, at the direction of Mr. Fielding, the hon. Mr. Church, Chairman of the Commissioners, called on Dr. Parker and was I) (13) fully ir.foiinod of the decision of the Medical Board. On ♦■.he fith of Auf^ii.st J)r. Parker received from Mr. Church the following communi- cation : *'[n the absence of the Secretary and from other causes, only routine Imsiness was transacted at the meeting of Board of Churities yesterday. The board meets on Monday 10th inst., at which meeting I hope that u solution of the hospital difficulty may be arranged. In the meantime no action will be taken as to the acceptance of the resig- nation of the Medical Board." The board met as intimated by Mr. Church on Monday, and in reference to the matter passed the following resolution : " WhrretiH it has been informally brought to the notice of this board that the Medical Board of the Provincial and City Hospital have decided to resume duty at the Hoi5pital when a case on the ques- tion at issue between the two boards has been submitt 'd to the Supreme Court ; and Whereas this board has delayed further action in respect to the resignation of the Medical Board pending a settlement ; therefore Resolved, that this board shall retain counsel at once to look after th('ir interests before the Court ; and further Resolved, that a copy of this resolution be sent to the Medical Board, with a request that they communicate to this board the name of the counsel who will represent them." This communication and resolution was read at a meeting of the Medical Board on the 13th, and the following letter was stut in answer : " In reply to your communication, it was understood by the Medical Board that the case was to be left to one of, the Judges to be decided upon thereafter, in order to obtain a speedy decision, as the Medical Board did not at any time proposf^ to resume their duties at the Hospital until the decision was given. In respect to the name of a solicitor, the Medical Board has asked Mr. Wallace Graham to act for it in the case." Tlie receipt of this letter was acknowledged in a communication from the Charities Board dated August 15, and the Medical Board were informed that Mr, Gi aham would be communicated with by the Conimissioufjrs' counsel, but no name was given as such counsel. On Monday, the 24th of August, the suspension of the Halifax Medical College was announced. Two reasons determined this action : 1st, Tiiere being no prospect of a speedy settlement of the Hospital difficulty. The Secreta>'y of the Faculty called several times at Mr. Graham's office to see if any communication had been received from the Commissioners or their counsel, but was informed that he had not as yet been advised who was their counsel. Mr. Borden, Mr. Graham's partner, at the Secretary's request, endeavored to ascertain who had been apjjointed to represent the Charities Board, so that the matter might be urged on. He received a note from Mr. Borden saying : (U) " Botli tlie Pioviceial Socretary and the Coinmissionor of Minos are out of town. The Secretary of Board of Chai'itics would ^jivc nie no information." Finiilly it was aocidentally learntMl tint JNlr. McCoy had been appointed, hut he also was out of town, :2nd, Tlie delay occasioned had already so damaged the prospects of a successful session that continuance would Iiave been a nu^re matter of form ; and further, as most of the American schools open at an earlier date tliaii the Halifax College, it was necessary to announce the intention of the faculty at once in order that those going abroad might have all arrangements completed. On the same day that this suspension was announced, and nearly four wut he could not j,'ive me the name of Counsel to repre- sent the lioard. Un the l")th the Si-cretary infniined Dr. liluck that its Counsel (not named) would communicate with Mr. (Jrahani. Nothing, however, was done until the 2()th in.st., and tht! doctors mean\\hiie had f,dven up the idea of carrying on the Medical College. I. The case now ])ru[)oscd contains the idea still ol a submission to tin Caurl. This was never entertained and was expressly olijected to. The Court does not sit untd next l)ecend)er ; a decision could not in the ordinary course be given until Dr. Hawkins' j'ear e.xpire.s, when it would be entirely useless. ■J. It is not a fact that the standard for the comjjetitive exami- nati( n is TtO per cent. There is no standard of any kind. To consent to the insertion of that in the case would be giving away one of the chief contentions in the case. ■J. The fact that the Commissioners once l)efore, according to our contention violat''il the bye-laws and appointed a person having the lowest instead of the highest marks, should not be inserted in the case even if it is a fact. The doctors then protested against it and gave notici; of their resignation if it was rei)eated. 4. The case states that Dr. Hawkins was "duly appointed." I could not possibly assent to such a statement. 5. The fact that Dr. Goodwin was not a graduate at the time of application for examination is now raised in the case for the first time. If he was nut qualified for examinat'on why did the CommissioiKM-s allow him to be examined \ They have always placed theii- refusal to appoint Dr. Coodwin on other grounds. They have appointed applicants from time to time who have been in the same po- sition as (Joodwin at the * e of exauiinatiuu. This should not be in the case, or if it is the foregc'ng facts should be stated with it. G. It is not necessary to ask the court the second (]uestion. Is the ]\Iedical Boaid enHtled to a writ of "Mandamus," etc? The Medical Board is not a corporation and cannot be a party to tlie case as you have made it. The remedy may be by means of a writ of " Quo warrcfuto," or some other extraordinary writ, but it is no use to (17) a^k tlip Court dirtlciilt (|U»'RtioiiH which would not result in any prac* tical j,'oo(l. A vviitof Miindan\us cannot issuo upon a special case. Tli»' (lortors cannot meet before Monday ni>,dit when they will consider vour proj osition, Voiirs truly, WALLACE UUAllAM. . W. F. ArA<('OY. Ksq. As tlic rfsidt of corrosiioiulcuce Mr. ( irahuni sccuicd tlu; clinii- natioii ot several oltj«'ctional)le points from the case ns (iist prepared by ]\lr. MacCoy, but lis the liitttr still adheied to thf fontcntiun that Dr. (ioodwiii WHS not a graduate at the time of his aj)[)licatiou, and nlso that the case should be submitted to the Supremo Court; at Mr, (Iraham's rerpiest a meeting of the Medictd lioaid was called to con- sider the matter as it then stood. The meeting was held Septend)er "Jnd and the lUiaid decided that although they luul, in consideration of, Dalliousi<' ('oile:;e and the Mediial School alreaily done more than they had ever jiroposed doing, still that having 1m gun thi^y weie willing to continue negotiations in the hopes of obtaining a settlement of the ditJiculty. They theiefore directed Mr. (4raham to prepare a case embodvini: ti;e necessary facts, and also the propositions to which thev had ahvays ileelared themselves willing to agice. Acting under iheir directions Mr, Graham |ire[ian'd the tolluwing as a statemei't of the case ; — " .V (li.-|iiiti' liaviiig urison betwooii tlio coiniiiiBsiouer.s of public iliarilicH liereiii' after calU'il tljc 'hoard' ami tlie nicilical board of the la'oviiicial uiid city lioMpitul relutivi! to till" iipiioiiitnifnt of the house siu'Reon in connection with that institution, the said hoard and medical board, in order to prevent liliKation and obtain a speedy settlenunt, lun e agreed to submit the said dispute to the chief justice or u judi^u of the Bupreme Court for his determination. Prc\ioiiHly to the first of May, 1S85, Arthur C", Hawkins and Fred, W. (ioodwin Were applic iiiits for ihc position of house surgeon In connection with the provincial and city tuis))ilal under the bye-laws hereto annexed marked 'A.' 'riieir apiilicalioii.s were received by the 'hoaid' and the applicants were referred to the medical board in order that they should undergo the competive examination required by the said bye-laws. The said applicants were duly examined by the said medical board, and the resulta of the examination were communicated to the 'board.' Th(^ ri .p(ul of the result of said examinations is liercto annexed, niarkcd 'U.' After receiving said report, the 'board' apijointi'd IlawUins to the position of house surgeon. At the lime of the appointment both Hawkins and (Joodwin wcic graduates of recognized si liools in gnod standing, and were, except so far as is indicated by the results of llic (■Xiimiiialion, eiiuclly inwilKied and eligible for the position. If llie judge is of opinion that the connuissioners did right hi aiipointing Hawkins, notwithstanding tliat (ioodwin had ])a8sed the best examination, the mcilical board agrees fortliw illi to enter upon its duties in (Hjnnection with .said huspilal. If the.judgo thinks otherwise, the hoard agrees forthwith to remove Dr. Hawkins from tlie position of house surgeon and appoint (ioodwin thereto." The case a.s pre]iared V»y Mr. Graham was submitted to Mr. MacCoy oti the -l^th Sej)t., but it was only after Mr. Graham had twice written Mr. MacCoy that the following definite answer was received, It is dated Sept. 17th :— ( ts) Dkau Hilt, -l b(>K lonvo to lU'knitWloilKC the riToljit fif VKiirM of .Vfsti'vdaj Tim hoivrii of clmril is Imvc iilwiiyH coiitciiclcil ilmt liny hid tlic i ikIi' imilor th« luw iiii'l CurlH ill tIrlH ciiHi' lo iippoiiit Dr. llitwkiiiH, ami llicy imv' wiliini^ Io Hiiliiiiil Hint ilucHlioii to tli(> roiirl fori! Jihlli'al (IocIhIoh. Hut tlii'y arc not wMMim wlilU' llii'v poncsM thai riMflit tu Hubiiiit tlio iiropricty of their coiiduct in making that appoinlini>iit to a J udgo. 'I'licro may he faiiM and lircuniHtaiu'Os whirli wmild fully Justify Iho hoard in appointing a ptTHoii to the position of honsi' Hiir^^con, iiolhwitlistandlnK li<' hud not ulitaiiuMl the liiKht'Hl mark:* in a competitive examination providing he waH othorwiHe nualillcil. Voiirs truly, Waij.ack (Jkaiiam, K^y., Q. r. WILMAM V. MaiCOY. And so (iucliitl till) iic^cjtiiitioii.s to ohtuiii ix settlt'iiicnt liy itifci'tMicti to a Judge, in ugi't!tMiig to \vliicli the Mcdiciil Hoat'd i-oiisidHiod tliat it hid done all in its powcf to t'iu-ilittite u sottlHimMit of the iiiutt»T. Slii)rtly itt'ter this tlio .Sc'civiiuv of tlio .Medical i'xmid fcut-ivcd a coiniiiuiiiciitioii iiit'ormin^' him that tliu resignation of its incinhors had Ix-cn accepted. Tilt! t'oicgoiii;,' we l>t;lieve to be a ftiil and true stateineiit ot the tacts so far as we know tliem. We havt; to rei,'fet the existence of the unfortunate state of atl'airs, hut in looking back we cannot see that we could in any way have acted diti'eiently, either with resjiect to the bevt ulterior interests of the Hospital or our own i)rofessional honor ; and we still consider that the action of the Board of Charities was not only a grievous wrong to a di'serving niaii — i-)r. (loodwin, and a most dis- courteous treattnent of a body of [irofossional gentlemen, but also a great blow to the usefulness of an important public institution. Uf the course which ctn tain medical gentli'men liave .seen lit to pursue in accepting j)Ositions at the Hospital under existing conditions, we shall say nothing at present. (Signed), I). .McN. PARKER, \V. H. SLAYTEK, R. S. BLACK, per J. F B. AND. J. COW IK, W. N. WlCKWJllE, EDWD. bWKUKLL. .1. F. BLACK, JOHN SOMERS W. M. CAMERON, A. W. H. LINDSAY, STEPHEN DO DOE, D. A. CAMPBELL. h. (» J. f <..,'. > /'' A'^ .•'■;