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ROYAL COLLEGE OF SURGEONS OF ENGLAND: POSITION OF THE MEMBERS.
1191 DAIG
The statement placed before the Fellows commences with a brief historical sketch of the incorporation of the College, of the granting of its charters, and of its functions ; it then sets out the financial arrangements made with the Royal College of Physicians of London for a Joint Examining Board, and details the rights and privileges of the Members and Fellows as at LONDON, SATURDAY,JUNE 4, 1927. present enjoyed. Here it is indicated that the positions of both are identical, save in the important matters that the Fellows vote at the election of members of ROYAL COLLEGE OF SURGEONS OF the Council; they only are eligible to sit on that ENGLAND: POSITION OF THE Council : and they only can be meulbers of the Court MEMBERS. of Examiners, or appointed examiners in anatomy for THE direct representation of Members on the the Fellowship of the College and in the surgical Council of the Royal College of Surgeons of England, section of the Board of Examiners in Dental Surgery. which has been advocated steadily for years in these There follows an enumeration of the claims of the columns,is forming the subject of an investigation by members, as put forward since the institution of the the Council, who have invited from the Fellows an annual meeting of Fellows and Members in 1885, from expression of individual opinion. The views of the which date resolutions have been passed almost every Members have been registered clearly and frequently year in favour of giving Members some form of direct in the press, and at general meetings of the Fellows and representation on the Council. The list of claims is Members. Those engaged actively in promoting the published with the remarks of the Council directed direct representation of Members on the Council may to the substance of each claim appended. Some not form a large numerical proportion of the Members, of the statements which have been repeatedly made but the recognition by the Council that this fact in behalf of the Members are to some extent traversed provides no valid argument for a refusal of discussion by the Council ; especially is it brought forward that will be welcomed as fair and statesmanlike. The the majority of the Fellows taking part in the protagonists of a real movement are often few in elections of the Council are themselves in general number, but, if the movement is real, they speak and practice, so that the interests of Members who are act, at least equally often, for large numbers who will in general practice may be taken to receive the care benefit by any success which may attend their efforts. of the Council, as far as the charters empower the In many discussions of the arguments for reform College to promote such interests. It will be unforranging over three-quarters of a century, we have had tunate if the statement of the Council to the Fellows to record maladroit handling of the different situa- is regarded by the Members as an adverse prejudgment tions as they arose, both by the friends and the of their claims, just as it will be unfortunate if the enemies of the constitutional change which is sought. Fellows of the College resolve to give their votes We have now a new situation ; for the first time the without looking at all the circumstances. It may move comes from the central authority of the College. be that some parts of a strong demand for reform have About 30 years ago a majority ot the existing no historic basis or have been made the subject of Council had expressed themselves in a greater or less exaggerated dialectics, but these are not things which degree, privately or publicly, as well-disposed to should determine inaction. Opportunities of progress the views placed before them by both Members and must not be sacrificed out of any considerations of Fellows for extending the rights of the Members. But precedent. We hope that the vote of the Fellows will benevolent intentions are prone to disappear partly be a large one, and that the result will be a working as the results of further reflection, and more of ten- scheme for the effecting of the change that is sought. and also more creditably-help that has been The difficulties of producing such a. scheme will be promised falls away when the champions of the change many and far-reaching, but they will not be insuperable are unable to formulate a scheme by which their if the Council receives a clear instruction from the objects can be obtained in a practical way. A discovery Fellows to proceed. of the method is still awaited by which representation of the Members on the Council can be brought about LEGAL LIABILITY IN CERTIFYING without undue disturbance of the functions of the INSANITY. College, as set out in the charters-namely, to of the science of Two and in promote judgments particular concern to the medical surgery encourage academic and professional ways its methods of profession were given on May 27th, both relating to practice. Many declarations have been heard and the legal liability of a practitioner to be sued for have been received with sympathy and applause, to alleged negligence in certifying a patient to be a the effect that it is anomalous in these days for a lunatic. The first in importance was the final decision corporation to be governed without reference to the of the House of Lords in the protracted litigation of majority of those who form it ; but so far the concrete Harnett f. Fisher, whereby Dr. FISHER succeeds, suggestions for altering the position have been unable and the previous judgments in his favour by Mr. to survive criticism. It is legitimate to hope for a Justice HORRIDGE and the Court of Appeal are different result from the present action of the Council reaffirmed. The second case was that in which the in asking the Fellows, who have elected them to their jury gave Mrs. DE FREVILLE a verdict of E50 damages seats, for a definite expression of opinion, especially in her action against Dr. A. V. DILL. Certain legal because the Council has placed before the Fellows points remain to be argued here in the light of the a detailed statement of the situation. That non- review of the law bv the House of Lords in Harnett possumus attitude has gone which was founded on the v. Fisher ; Dr. DILL has lost upon the issue of fact, assumption that, because only a few Members voiced but the comparatively small amount of damages any demand for the right to vote, an inquiry into the awarded is significant; the main interest of the case justice of the demand was unnecessary, while the is the sympathetic understanding of the practitioner’s Fellows will be dealing with the matter after being difficulties in lunacy matters which is revealed in furnished with the basis for forming their judgments. Mr. Justice MCCARDIE’S summing-up to the jury.
THE
LANCET.
.
The statement placed before the Fellows commences with a brief historical sketch of the incorporation of the College, of the granting of its charters, and of its functions ; it then sets out the financial arrangements made with the Royal College of Physicians of London for a Joint Examining Board, and details the rights and privileges of the Members and Fellows as at LONDON, SATURDAY,JUNE 4, 1927. present enjoyed. Here it is indicated that the positions of both are identical, save in the important matters that the Fellows vote at the election of members of ROYAL COLLEGE OF SURGEONS OF the Council; they only are eligible to sit on that ENGLAND: POSITION OF THE Council : and they only can be meulbers of the Court MEMBERS. of Examiners, or appointed examiners in anatomy for THE direct representation of Members on the the Fellowship of the College and in the surgical Council of the Royal College of Surgeons of England, section of the Board of Examiners in Dental Surgery. which has been advocated steadily for years in these There follows an enumeration of the claims of the columns,is forming the subject of an investigation by members, as put forward since the institution of the the Council, who have invited from the Fellows an annual meeting of Fellows and Members in 1885, from expression of individual opinion. The views of the which date resolutions have been passed almost every Members have been registered clearly and frequently year in favour of giving Members some form of direct in the press, and at general meetings of the Fellows and representation on the Council. The list of claims is Members. Those engaged actively in promoting the published with the remarks of the Council directed direct representation of Members on the Council may to the substance of each claim appended. Some not form a large numerical proportion of the Members, of the statements which have been repeatedly made but the recognition by the Council that this fact in behalf of the Members are to some extent traversed provides no valid argument for a refusal of discussion by the Council ; especially is it brought forward that will be welcomed as fair and statesmanlike. The the majority of the Fellows taking part in the protagonists of a real movement are often few in elections of the Council are themselves in general number, but, if the movement is real, they speak and practice, so that the interests of Members who are act, at least equally often, for large numbers who will in general practice may be taken to receive the care benefit by any success which may attend their efforts. of the Council, as far as the charters empower the In many discussions of the arguments for reform College to promote such interests. It will be unforranging over three-quarters of a century, we have had tunate if the statement of the Council to the Fellows to record maladroit handling of the different situa- is regarded by the Members as an adverse prejudgment tions as they arose, both by the friends and the of their claims, just as it will be unfortunate if the enemies of the constitutional change which is sought. Fellows of the College resolve to give their votes We have now a new situation ; for the first time the without looking at all the circumstances. It may move comes from the central authority of the College. be that some parts of a strong demand for reform have About 30 years ago a majority ot the existing no historic basis or have been made the subject of Council had expressed themselves in a greater or less exaggerated dialectics, but these are not things which degree, privately or publicly, as well-disposed to should determine inaction. Opportunities of progress the views placed before them by both Members and must not be sacrificed out of any considerations of Fellows for extending the rights of the Members. But precedent. We hope that the vote of the Fellows will benevolent intentions are prone to disappear partly be a large one, and that the result will be a working as the results of further reflection, and more of ten- scheme for the effecting of the change that is sought. and also more creditably-help that has been The difficulties of producing such a. scheme will be promised falls away when the champions of the change many and far-reaching, but they will not be insuperable are unable to formulate a scheme by which their if the Council receives a clear instruction from the objects can be obtained in a practical way. A discovery Fellows to proceed. of the method is still awaited by which representation of the Members on the Council can be brought about LEGAL LIABILITY IN CERTIFYING without undue disturbance of the functions of the INSANITY. College, as set out in the charters-namely, to of the science of Two and in promote judgments particular concern to the medical surgery encourage academic and professional ways its methods of profession were given on May 27th, both relating to practice. Many declarations have been heard and the legal liability of a practitioner to be sued for have been received with sympathy and applause, to alleged negligence in certifying a patient to be a the effect that it is anomalous in these days for a lunatic. The first in importance was the final decision corporation to be governed without reference to the of the House of Lords in the protracted litigation of majority of those who form it ; but so far the concrete Harnett f. Fisher, whereby Dr. FISHER succeeds, suggestions for altering the position have been unable and the previous judgments in his favour by Mr. to survive criticism. It is legitimate to hope for a Justice HORRIDGE and the Court of Appeal are different result from the present action of the Council reaffirmed. The second case was that in which the in asking the Fellows, who have elected them to their jury gave Mrs. DE FREVILLE a verdict of E50 damages seats, for a definite expression of opinion, especially in her action against Dr. A. V. DILL. Certain legal because the Council has placed before the Fellows points remain to be argued here in the light of the a detailed statement of the situation. That non- review of the law bv the House of Lords in Harnett possumus attitude has gone which was founded on the v. Fisher ; Dr. DILL has lost upon the issue of fact, assumption that, because only a few Members voiced but the comparatively small amount of damages any demand for the right to vote, an inquiry into the awarded is significant; the main interest of the case justice of the demand was unnecessary, while the is the sympathetic understanding of the practitioner’s Fellows will be dealing with the matter after being difficulties in lunacy matters which is revealed in furnished with the basis for forming their judgments. Mr. Justice MCCARDIE’S summing-up to the jury.
THE
LANCET.
.