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ON COMPENSATION FOR RAILWAY INJURIES.
127
provider of water that care should be taken to prevent improper to be clearly due to causes which may be remedied, and to the Those who prefer to abandon their cisterns and to take fact that the corporation have never resolutely and perseuse. their water direct from the pipes, can do so at very little ex- veringly set to work to apply the requisite remedies. It was pense. In all new buildings there would be no necessity for ascertained in 1860 that in Glasgow 7,200,000 gallons a day the expensive paraphernalia of cisterns ; a stop-cock on the were run to waste by leaky and bad taps alone, and in three service pipe of the house would enable the water to be turned months a saving was effected of 5,000,000 gallons per day by Waterclosets seem to be the chief off whenever repairs or alterations were required to be made stringent supervision. within the house. Little inconvenience is felt by grouping a difficulty in the way of a constant supply to the poor, and in number of houses together, commanded by one stop-cock ; and, the discussion which followed the reading of Mr. Bateman’s indeed, it may be said that complaints of inconvenience arising paper it was generally taken for granted that, with waterfrom interruption to the supply of water are scarcely ever closets, cisterns were absolutely necessary. We do not profess heard in towns where the constant supply is at work. If the engineering knowledge, but it is not at all clear to our minds public will not submit to the introduction of the best descrip- that a cistern is a sine quâ non wherever there is a closet. tion of fittings, to the prevention of waste, to the vigilant in- Would not every purpose be answered by simply turning the spection which ought to be exercised by the provider of the tap of a charged supply-pipe, and thus sending a strong stream water, and to the correction of everything which requires cor- of water into the pan of the closet, flushing everything away rection, it will be difficult, and in some cases impossible, to into the soil pipe ? Mr. Bateman’s paper will be of use to the introduce the constant supply." Royal Commission on Water Supply, especially as he is sure to The enormous consumption of water in Glasgow, which is be a chief witness when evidence is taken. adduced as an objection to the constant-supply system, is said outposts from influences which are allowed their full in swing the great centres of civilization ; and when the attempt WE have recently (Nov. 24th, 1866) taken occasion to call is being made to grapple with the propagation of venereal attention to the satisfactory results yielded by the careful disease for the benefit of the army, it will require but little carrying into effect of the provisions of the Contagious Diseases more vigilance to protect the population at large from the inAct, in the garrison and sea port of Plymouth, and we append roads of a disease whose direful effects are becoming more and an official return showing the number of men in the town and more evident every day. at the
THE CONTAGIOUS DISEASES ACT.
Average
the
number
of men
in Port and Garri.son
per-centage of venereal cases under quarter during the last two years.
for the past two years, and the number of men suffèring from contagioUf5 diseases ,in Hospital.
treatment for
each
Correspondence.
’,
reading the above table it must be borne in mind that the ’I per-centage of venereal cases for a quarter is very nearly treble that of the per-centage for a single month ; for though the number of the troops and sailors may not vary much during In
"Audi alteram
partem."
months, the number of venereal cases neces- ON COMPENSATION FOR RAILWAY INJURIES. sarily goes on increasing, and thus the quarter’s return must To the Editor of THE LANCET. accordingly seem higher than might be expected. The fact is SIR,-In a paper on the above subject, communicated to that, whereas in April, 1865, more than two in every hundred soldiers and sailors in this one port were diseased, in December, THE LANCET of the 5th inst., by Mr. Syme, there are two errors which I have delayed from correcting until I could ob 1866, less than one in a hundred was so affected. tain the notes of the shorthand writer which were taken in The three towns of Plymouth, Devonport, and Stonehouse Court at the trial to which the first reference is made. are situated close to each other, and form, in fact, but one Mr. Syme states, first, as follows :-" At this time last year from garrison, and are at a distance of fifty miles any other a trial took place at Guildhall, in the Court of Common Pleas, no statistics of town. This doubt renders their large greater value than those of any other town under the operation of the on the part of a commercial traveller, who prosecuted the Act which, from its proximity to other places not under the Great Northern Railway Company for compensation on account of an injury alleged to have been sustained from a collision on operation of the Contagious Diseases Act, must be constantly their line. In this case Dr. William Fergusson, Mr. Erichsen, liable to the importation of fresh disease. Examples of this and Dr. Russell Reynolds declared that there was organic are seen in the case of Portsmouth, with Southampton and other disease of the spine, which in all probability would soon prove places close at hand ; Woolwich and Chatham, with London fatal.
the whole three
"
within an easy distance. With such favourable results before it, there can be no excuse for the Government any longer to delay some action with regard to the metropolis of the three kingdoms. Aswe have
before remarked, it is absurd that a soldier should be
protected
I have before me my own report of the symptoms, diagnosis, and prognosis in this case, also the notea of the shorthand writer of the evidence given in Court,.1,nd deny that I made any such declaration, I said not one word about ’’ organic of the spine," nor did I even allude to a " fatal"issue.
disease
128 Mr. Syme states, secondly, that" before the end of many months the plaintiff, who had been rapidly recovering, admitted that he was quite well, as he still continues to be ;" and seeing this in THE LANCET referred to, I wrote to the plaintiff to congratulate him on his recovery, and to inquire for how long a time he had been in health. His answer is as follows :- "I presume your question refers to the statements of Prof. Syme in THE LANCET of Saturday. In reply, I wish they were as true as they are entirely false, and that I could accept of your very kind congratulation. My walking and general health have much improved under the care of Mr. Erichsen. Acting on his advice I have done everything fitted to improve my condition ; and though at times I feel better, and even able to take considerable exercise, the next week or so finds me utterly prostrate and hopeless, suffering from almost all the symptoms which I had. My talking is no better, but varies with my health." Bearing in mind that Mr. Syme, together with several others, " expressed the conviction that there was no organic disease whatever, and no reason why the claimant should not enjoy good health,"Iwish to make no comment upon the above statement further than to endorse Mr. Syme’s own suggestion, that it would be well to give " publication to cases exhibiting an entire discrepancy between the medical evidence, in order that regard for professional character may tend to check the reckless advocacy of one-sided views." I have the honour to be, Sir, your obedient servant, J. RUSSELL REYNOLDS. Grosvenor-street, Grosvenor-square, Jan. 21st, 1867.
experience ;
and that
health, my informant T
as
to the
was Dr. am SIR
Charles
improvement of
Mr. Denham’s
Dunsmure.
nhorl;nnf:
JAMES SYME.
Wilkin, Esq.
10, ’holcenhouse-yard, London, E.C., Jan. 17th, 1867.
SIR,-On the other side I send you copies of a letter which I wrote to Mr. Syme on the 15th inst., and of his reply, which I have just received. I, have to request you will furnish me with your authority for the statement which Mr. Syme states
you have made to him as to Mr. Denham’s recovery and present state of health. I am, Sir, your obedient servant, CHARLES WILKIN. James Dunsmure, Esq., M.D., 53, Queen-street, Edinburgh. 53, Queen-street, Edinburgh, Jan. 19th, 1867. SIR,-In answer to your note of the 17th inst., I have to inform you that the statement I made to Mr. Syme was,
that, from what I had heard, Mr. Denham was going about well; and this information was obtainedapparently First,-from Mr. Officer, 8, Stafford-street, who, some months
of THE LANCET. SIR, -The attention of my client, the plaintiff in the action against the Great Northern Railway Company referred to in Mr. Syme’s paper on the above subject in THE LANCET of the 5th January, 1867, has been called to the following statement contained in it: " And before the end of many months, the plaintiff, who had been rapidly recovering, admitted that he was quite well, as he still continues to be;" and I am in-
ago, casually mentioned to me in the course of conversation that he lately had had a visit from Mr. Denham, and that he (Mr. Denham) considered his improvement, and his recovery from the bad condition he was in at the time of the trial-viz., not being able to walk-to be owing to the use of the warm salt water douche baths which he had had at Brighton, and Mr. Officer added that Mr. Denham had gone to the Highlands for some months. Second,-from Mr. Balfour, Portobello, who informs me that he frequently meets Mr. Denham walking, and that to him he seems apparently well. In confirmation of these favourable reports I may mention, Mr. Denham was lately in court during a jury trial as a I am, Sir, your obedient servant, spectator. JAMES DUNSMURE. Charles Wilkin, Esq., 10, Tokenhouse-yard, London, E.C.
To the Editor
structed by him to inform you that that statement is entirely false; that since March, 1865, he has been, and is, under medical treatment, and has been, and is, totally incapacitated from attending to any business ; and that he has not at any time stated or admitted that he was quite well. The enclosed correspondence between myself and Dr. Dunsmure will show the grounds upon which Mr. Syme has felt himself justified in making the statements. It speaks for itself, and requires no comment from me, except that in going to the Highlands my client simply acted under medical ad vice to reside there with his wife and family during the hot summer months. In concluding, I would observe that Lord Campbell’s Act merely abolished deodands in the case of accidents through negligence, and gave damages to the widow and children of those who were killed, and is in no way applicable to cases such as my client’s; and it will thus be seen that Mr. Syme is as inaccurate in his law as he is in his facts. I am. Sir, vour obedient servant. CHARLES WILKIN. 10, Tokenhouse-yard, Jan. 22nd, 1867.
THE MORTALITY OF GLASGOW. To the Editor of THE LANCET. SIR,-In your number of this date the mortality of Glasgow during last week is alluded to as a terrible example of the killing effect of cold, being stated, on the Registrar-General’s authority, as equivalent to an annual rate of 73 in 1000. This would indeed be, if true, a terrible fact; but I am happy to inform you that the true figure is 37 in 1000 ; the cause of the error being the surprisingly rare one of a misprint in one part of the Registrar-General’s returns. The true figures from which the calculation was made are stated in p. 11. I am, Sir, your obedient servant, W. T. GAIRDNER. Glasgow, Jan. 19th, 1867.
THE DIRECTOR-GENERALSHIP OF THE ARMY. To the Editor
of THE LANCET.
SIR,-If the voice of the members of the Army Medical Department was taken, with respect to the gentleman to be selected as successor to Sir James Gibson, the choice would undoubtedly fall on Thomas Galbraith Logan, C.B. Dr. Logan has had very great experience in the working of (COPY.) the Department, and has won for himself the respect and Jan. 1867. 10, Tokcnhouse-yard, London, E.C., 15th, not only of those belonging to his own, but to every esteem, SIR,-Mr. James G. Denham’s attention has been called to branch of the public service. an article by you in THE LANCET of the 5th inst., headed " On Dr. is the senior officer of the Department, and it is Logan Compensation for Railway Injuries,"in which you insinuate highly impolitic to disregard seniority in the service. The"sethat he had made a false claim upon the Great Northern Raillections for merit"in the service are almost in every instance he has instructed me and to demand way Company, your questionable ones. Men, from lucky incidents and perauthority for such an insinuation, and also for the statement very sonal friendships, get their names brought before the notice of in the article-" and before the end of many months the the authorities, and are promoted over the heads of very deplaintiff, who had been rapidly recovering, admitted that he serving officers, all of whom are their equals in qualifications, was quite well, as he still continues to be." and many of whom are their superiors, and by this " selecI shall be obliged by your early answer to this letter. tion" a great deal of injustice is done to many hard-working I am. Sir. vour obedient servant. officers of the service. CHARLES WILKIN. andIneffective James Syme, Esq., F.R.S E., so spealiing I do not wish in the least to disparage the Professor of Clinical Surgery in the University merits of Dr. Muir, who has proved himself to be a very inof Edinburgh. Edinburgh, Jan. 16th, 1867. telligent officer, and is, most deservedly, a great favourite SIR,-In reply to your letter, I beg to say that the object of with his brethren ; but his claims for promotion over the my paper was not to " insinuate that Mr. Denham had madehead of Dr. Logan will not "hold water" for a second. The Government, if their object be to deal fairly with the a false claim," but to charge certain members of the medical profession with making statements which are not confirmed by Department, ought to confer on Dr. Logan the K.C.B., and ’
provider of water that care should be taken to prevent improper to be clearly due to causes which may be remedied, and to the Those who prefer to abandon their cisterns and to take fact that the corporation have never resolutely and perseuse. their water direct from the pipes, can do so at very little ex- veringly set to work to apply the requisite remedies. It was pense. In all new buildings there would be no necessity for ascertained in 1860 that in Glasgow 7,200,000 gallons a day the expensive paraphernalia of cisterns ; a stop-cock on the were run to waste by leaky and bad taps alone, and in three service pipe of the house would enable the water to be turned months a saving was effected of 5,000,000 gallons per day by Waterclosets seem to be the chief off whenever repairs or alterations were required to be made stringent supervision. within the house. Little inconvenience is felt by grouping a difficulty in the way of a constant supply to the poor, and in number of houses together, commanded by one stop-cock ; and, the discussion which followed the reading of Mr. Bateman’s indeed, it may be said that complaints of inconvenience arising paper it was generally taken for granted that, with waterfrom interruption to the supply of water are scarcely ever closets, cisterns were absolutely necessary. We do not profess heard in towns where the constant supply is at work. If the engineering knowledge, but it is not at all clear to our minds public will not submit to the introduction of the best descrip- that a cistern is a sine quâ non wherever there is a closet. tion of fittings, to the prevention of waste, to the vigilant in- Would not every purpose be answered by simply turning the spection which ought to be exercised by the provider of the tap of a charged supply-pipe, and thus sending a strong stream water, and to the correction of everything which requires cor- of water into the pan of the closet, flushing everything away rection, it will be difficult, and in some cases impossible, to into the soil pipe ? Mr. Bateman’s paper will be of use to the introduce the constant supply." Royal Commission on Water Supply, especially as he is sure to The enormous consumption of water in Glasgow, which is be a chief witness when evidence is taken. adduced as an objection to the constant-supply system, is said outposts from influences which are allowed their full in swing the great centres of civilization ; and when the attempt WE have recently (Nov. 24th, 1866) taken occasion to call is being made to grapple with the propagation of venereal attention to the satisfactory results yielded by the careful disease for the benefit of the army, it will require but little carrying into effect of the provisions of the Contagious Diseases more vigilance to protect the population at large from the inAct, in the garrison and sea port of Plymouth, and we append roads of a disease whose direful effects are becoming more and an official return showing the number of men in the town and more evident every day. at the
THE CONTAGIOUS DISEASES ACT.
Average
the
number
of men
in Port and Garri.son
per-centage of venereal cases under quarter during the last two years.
for the past two years, and the number of men suffèring from contagioUf5 diseases ,in Hospital.
treatment for
each
Correspondence.
’,
reading the above table it must be borne in mind that the ’I per-centage of venereal cases for a quarter is very nearly treble that of the per-centage for a single month ; for though the number of the troops and sailors may not vary much during In
"Audi alteram
partem."
months, the number of venereal cases neces- ON COMPENSATION FOR RAILWAY INJURIES. sarily goes on increasing, and thus the quarter’s return must To the Editor of THE LANCET. accordingly seem higher than might be expected. The fact is SIR,-In a paper on the above subject, communicated to that, whereas in April, 1865, more than two in every hundred soldiers and sailors in this one port were diseased, in December, THE LANCET of the 5th inst., by Mr. Syme, there are two errors which I have delayed from correcting until I could ob 1866, less than one in a hundred was so affected. tain the notes of the shorthand writer which were taken in The three towns of Plymouth, Devonport, and Stonehouse Court at the trial to which the first reference is made. are situated close to each other, and form, in fact, but one Mr. Syme states, first, as follows :-" At this time last year from garrison, and are at a distance of fifty miles any other a trial took place at Guildhall, in the Court of Common Pleas, no statistics of town. This doubt renders their large greater value than those of any other town under the operation of the on the part of a commercial traveller, who prosecuted the Act which, from its proximity to other places not under the Great Northern Railway Company for compensation on account of an injury alleged to have been sustained from a collision on operation of the Contagious Diseases Act, must be constantly their line. In this case Dr. William Fergusson, Mr. Erichsen, liable to the importation of fresh disease. Examples of this and Dr. Russell Reynolds declared that there was organic are seen in the case of Portsmouth, with Southampton and other disease of the spine, which in all probability would soon prove places close at hand ; Woolwich and Chatham, with London fatal.
the whole three
"
within an easy distance. With such favourable results before it, there can be no excuse for the Government any longer to delay some action with regard to the metropolis of the three kingdoms. Aswe have
before remarked, it is absurd that a soldier should be
protected
I have before me my own report of the symptoms, diagnosis, and prognosis in this case, also the notea of the shorthand writer of the evidence given in Court,.1,nd deny that I made any such declaration, I said not one word about ’’ organic of the spine," nor did I even allude to a " fatal"issue.
disease
128 Mr. Syme states, secondly, that" before the end of many months the plaintiff, who had been rapidly recovering, admitted that he was quite well, as he still continues to be ;" and seeing this in THE LANCET referred to, I wrote to the plaintiff to congratulate him on his recovery, and to inquire for how long a time he had been in health. His answer is as follows :- "I presume your question refers to the statements of Prof. Syme in THE LANCET of Saturday. In reply, I wish they were as true as they are entirely false, and that I could accept of your very kind congratulation. My walking and general health have much improved under the care of Mr. Erichsen. Acting on his advice I have done everything fitted to improve my condition ; and though at times I feel better, and even able to take considerable exercise, the next week or so finds me utterly prostrate and hopeless, suffering from almost all the symptoms which I had. My talking is no better, but varies with my health." Bearing in mind that Mr. Syme, together with several others, " expressed the conviction that there was no organic disease whatever, and no reason why the claimant should not enjoy good health,"Iwish to make no comment upon the above statement further than to endorse Mr. Syme’s own suggestion, that it would be well to give " publication to cases exhibiting an entire discrepancy between the medical evidence, in order that regard for professional character may tend to check the reckless advocacy of one-sided views." I have the honour to be, Sir, your obedient servant, J. RUSSELL REYNOLDS. Grosvenor-street, Grosvenor-square, Jan. 21st, 1867.
experience ;
and that
health, my informant T
as
to the
was Dr. am SIR
Charles
improvement of
Mr. Denham’s
Dunsmure.
nhorl;nnf:
JAMES SYME.
Wilkin, Esq.
10, ’holcenhouse-yard, London, E.C., Jan. 17th, 1867.
SIR,-On the other side I send you copies of a letter which I wrote to Mr. Syme on the 15th inst., and of his reply, which I have just received. I, have to request you will furnish me with your authority for the statement which Mr. Syme states
you have made to him as to Mr. Denham’s recovery and present state of health. I am, Sir, your obedient servant, CHARLES WILKIN. James Dunsmure, Esq., M.D., 53, Queen-street, Edinburgh. 53, Queen-street, Edinburgh, Jan. 19th, 1867. SIR,-In answer to your note of the 17th inst., I have to inform you that the statement I made to Mr. Syme was,
that, from what I had heard, Mr. Denham was going about well; and this information was obtainedapparently First,-from Mr. Officer, 8, Stafford-street, who, some months
of THE LANCET. SIR, -The attention of my client, the plaintiff in the action against the Great Northern Railway Company referred to in Mr. Syme’s paper on the above subject in THE LANCET of the 5th January, 1867, has been called to the following statement contained in it: " And before the end of many months, the plaintiff, who had been rapidly recovering, admitted that he was quite well, as he still continues to be;" and I am in-
ago, casually mentioned to me in the course of conversation that he lately had had a visit from Mr. Denham, and that he (Mr. Denham) considered his improvement, and his recovery from the bad condition he was in at the time of the trial-viz., not being able to walk-to be owing to the use of the warm salt water douche baths which he had had at Brighton, and Mr. Officer added that Mr. Denham had gone to the Highlands for some months. Second,-from Mr. Balfour, Portobello, who informs me that he frequently meets Mr. Denham walking, and that to him he seems apparently well. In confirmation of these favourable reports I may mention, Mr. Denham was lately in court during a jury trial as a I am, Sir, your obedient servant, spectator. JAMES DUNSMURE. Charles Wilkin, Esq., 10, Tokenhouse-yard, London, E.C.
To the Editor
structed by him to inform you that that statement is entirely false; that since March, 1865, he has been, and is, under medical treatment, and has been, and is, totally incapacitated from attending to any business ; and that he has not at any time stated or admitted that he was quite well. The enclosed correspondence between myself and Dr. Dunsmure will show the grounds upon which Mr. Syme has felt himself justified in making the statements. It speaks for itself, and requires no comment from me, except that in going to the Highlands my client simply acted under medical ad vice to reside there with his wife and family during the hot summer months. In concluding, I would observe that Lord Campbell’s Act merely abolished deodands in the case of accidents through negligence, and gave damages to the widow and children of those who were killed, and is in no way applicable to cases such as my client’s; and it will thus be seen that Mr. Syme is as inaccurate in his law as he is in his facts. I am. Sir, vour obedient servant. CHARLES WILKIN. 10, Tokenhouse-yard, Jan. 22nd, 1867.
THE MORTALITY OF GLASGOW. To the Editor of THE LANCET. SIR,-In your number of this date the mortality of Glasgow during last week is alluded to as a terrible example of the killing effect of cold, being stated, on the Registrar-General’s authority, as equivalent to an annual rate of 73 in 1000. This would indeed be, if true, a terrible fact; but I am happy to inform you that the true figure is 37 in 1000 ; the cause of the error being the surprisingly rare one of a misprint in one part of the Registrar-General’s returns. The true figures from which the calculation was made are stated in p. 11. I am, Sir, your obedient servant, W. T. GAIRDNER. Glasgow, Jan. 19th, 1867.
THE DIRECTOR-GENERALSHIP OF THE ARMY. To the Editor
of THE LANCET.
SIR,-If the voice of the members of the Army Medical Department was taken, with respect to the gentleman to be selected as successor to Sir James Gibson, the choice would undoubtedly fall on Thomas Galbraith Logan, C.B. Dr. Logan has had very great experience in the working of (COPY.) the Department, and has won for himself the respect and Jan. 1867. 10, Tokcnhouse-yard, London, E.C., 15th, not only of those belonging to his own, but to every esteem, SIR,-Mr. James G. Denham’s attention has been called to branch of the public service. an article by you in THE LANCET of the 5th inst., headed " On Dr. is the senior officer of the Department, and it is Logan Compensation for Railway Injuries,"in which you insinuate highly impolitic to disregard seniority in the service. The"sethat he had made a false claim upon the Great Northern Raillections for merit"in the service are almost in every instance he has instructed me and to demand way Company, your questionable ones. Men, from lucky incidents and perauthority for such an insinuation, and also for the statement very sonal friendships, get their names brought before the notice of in the article-" and before the end of many months the the authorities, and are promoted over the heads of very deplaintiff, who had been rapidly recovering, admitted that he serving officers, all of whom are their equals in qualifications, was quite well, as he still continues to be." and many of whom are their superiors, and by this " selecI shall be obliged by your early answer to this letter. tion" a great deal of injustice is done to many hard-working I am. Sir. vour obedient servant. officers of the service. CHARLES WILKIN. andIneffective James Syme, Esq., F.R.S E., so spealiing I do not wish in the least to disparage the Professor of Clinical Surgery in the University merits of Dr. Muir, who has proved himself to be a very inof Edinburgh. Edinburgh, Jan. 16th, 1867. telligent officer, and is, most deservedly, a great favourite SIR,-In reply to your letter, I beg to say that the object of with his brethren ; but his claims for promotion over the my paper was not to " insinuate that Mr. Denham had madehead of Dr. Logan will not "hold water" for a second. The Government, if their object be to deal fairly with the a false claim," but to charge certain members of the medical profession with making statements which are not confirmed by Department, ought to confer on Dr. Logan the K.C.B., and ’