ECLECTIC MEDICAL SOCIETY

OF THE

STATE OF NEW YORK.

CONSTITUTION.

Whereas, the Legislature of the State of New York, at its eightyeighth session, passed a law entitled "An act to incorporate the Eclectic Medical Society of the State of New York, and auxiliary local Medical Associations," approved April 24, 1865, in the words following:

AN ACT for the incorporation of the Eclectic Medical Society of the State of New York, and auxiliary local Eclectic Medical Associatious.

PASSED April 24, 1865. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Robert S. Newton, of the city of New York, A. W. Russell, of Albany, Benjamin F. Arnold, of Pawling, Dutchess county, Calvin S. Totman, of Syracuse, William W. Hadley, of Brooklyn, D. E. Smith, Jacob Van Valkenburgh, and their associates, are hereby declared to be a body corporate and politic, by the style and name of the Eclectic Medical Society of the State of New York, and by that name shall be in law capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended in all courts and places, and in all matters and causes whatsoever, and shall have and use a common seal, with authority to alter and renew the same at pleasure.

§ 2. The said society shall hereafter be composed of members duly chosen as its by-laws shall direct; and at its annual meetings, the members in attendance, not less than fifteen in number, may elect a president and such other officers as may be deemed proper, who shall hold their offices for one year, and till others shall be chosen in their places. It shall be lawful for said society to purchase and hold real property for, its use, not exceeding in value the sum of twenty thousand dollars.

§3. The recording secretary shall file in the office of the Secretary of State a copy of the constitution and by-laws of said society, and a copy of the journal of the proceedings had at the first meeting held after the passage of this act; he shall also provide a book in which he shall record all the resolutions and proceedings which may be had

from time to time, also the name of every member of the society, his residence and the time of his admission into the society, and also the annual and other reports relative to the condition of the treasury, and all such other matters a majority of the society shall deem proper. It shall be lawful for any member of the society, at all times, to have recourse to this book, and it shall be delivered, together with all books, papers and records, which may be in the hands of the secretary and the property of the society, to his successor in office. He shall also, in the month of January in each year, make a report to the Legislature, embracing the journals, records of scientific discoveries, and other papers upon medical or surgical subjects which may be prepared under the direction of the society.

§4. It shall be lawful for physicians who subscribe to the constitution of the Eclectic Medical Society of the State of New York, to meet together in each of the counties of the State, or in other localities to be specified in their call for such assemblage, and organize medical societies for the county, district or locality in which they reside, subject to the approval and sanction of the aforesaid State society. Such societies, when so organized and sanctioned, shall elect a president and other officers, and shall file in the office of the clerk of the county where such meeting shall be held, a copy of the constitution, by-laws and proceedings held at such meeting.

§ 5. All the powers, privileges and immunities now conferred by law upon the State Medical Society and the State Homœopathic Medical Society, and upon the county medical societies and upon the county homœopathic medical societies, except granting the degree of doctor in medicine, are hereby conferred upon the several societies incorporated pursuant to this act; and the said societies shall be subject to the duties and responsibilities to which State and county medical societies are subject under the laws of this State.

The undersigned, being duly associated and becoming a corporation, pursuant to said act, by the name and style of "The Eclectic Medical Society of the State of New York," have adopted the accompanying code of by-laws; and in order to declare, without equivocation, the eardinal doctrines and usages by which we are distinguished, do each and severally subscribe and set forth the following

PLATFORM AND DECLARATION:

Medical eclecticism comprises all truth which is contained in each of the various schools of medicine, and excludes all manifested error, whether pertaining to opinion or practice. It is the province of the physician to know and apply remedial agents which, according to his best knowledge, conform most exactly to the laws of physiology, and operate as auxiliaries to the healing power of nature; rejecting those substances which are known to be baleful and poisonous, and to have for their employment neither necessity nor adequate justification. We accordingly exclude from our catalogue of medicines, wholly and unqualifiedly, the several preparations and compounds of mercury, arsenic, lead and antimony, and discard also, as useless and inexcusable, the practice of blood-letting. Other agents are known to be

objectionable, the use of which we accept on sufferance, owing to the incomplete condition of medical knowledge. But we protest, at the same time, that we hope eventually to be able to adopt in their stead, more efficient and harmless substitutes, adapted to an intelligent practice, and meeting every want of the medical profession.

We are not desiring or endeavoring to lower the standard of scientific attainment. The physicians of our faith have added to the knowledge of materia medica, and the proper methods of treating the sick, and amid obloquy and persecution elevated the practice of the healing art. We propose, by association and the maintenance of friendly relations, to strengthen each other in the prosecution of an honorable profession.

We believe that knowledge makes its possessors liberal and fraternal, and not partisan or exclusive. We accordingly accept no code of ethics which is at variance with the golden maxim: "Whatsoever ye would that men should do to you, do ye even so to them." Courtesy and justice we have a right to demand from others, and it is an oppression to endeavor to restrict any person in the employment of lawful measures to extend his field of honorable industry. Nor do we esteem any knowledge lightly, however it may have been contributed, which shall enable us to be, in any way, more useful in our vocation. The art of healing, like civilization itself, is daily improving, expanding, and becoming more perfect.

BY-LAWS.

ARTICLE I.

The officers of this society shall be a president, vice-president, recording secretary, corresponding secretary and treasurer. The officers here named shall constitute the Board of Directors of the society. The president, vice-president and recording secretary shall constitute the Committee on Publication.

There shall also be a Board of Censors, consisting of one member from each judicial district of the State represented in the membership of this society, and an additional member from the corporation and faculty of the Eclectic Medical College of the City of New York, and another from the Brooklyn Academy of Medicine; but in case of absence of any censor at any meeting of the board the president may designate another member of the society to act in his place.

All these officers shall be elected at the annual meeting by ballot, except that mode of choice shall be waived by unanimous consent. A majority of votes shall be necessary for a choice on the first ballot, but a plurality shall be sufficient at any ensuing ballot.

ARTICLE II.

The president shall exercise all the functions usually devolving upon his office in parliamentary bodies and voluntary associations, except as the same may be modified by a resolution of the society. He shall appoint officers to fill all vacancies occurring when the society is not in session; he shall deliver a public address at the

annual and semi-annual meetings, or procure other speakers for the occasion; and he shall perform all other duties legitimately pertaining to the presiding officer.

The vice-president shall be the temporary president of the society, exercising all the functions of the president in case of his absence from the sphere of his duties, death, disability or other disqualification. The recording secretary shall perform all acts required by the third section of the act of incorporation. He shall also receive all moneys due the society, and pay the same without delay to the treasurer; he shall sign all credentials and diplomas of the society, issue notices of all meetings and cause them to be transmitted to the several members, and to the president and secretary of every auxiliary society, take charge of all books, pamphlets and other literature the property of the society, shall superintend the distribution of the annual transactions, and shall do all things duly required of him by the society.

The corresponding secretary shall aid in the correspondence of the society, and shall also give such assistance to the recording secretary as he may require.

The treasurer shall take charge of all moneys belonging to the society; he shall pay all bills duly incurred and approved by the board of directors, and he shall report annually to the society the management and condition of its finances.

The board of directors shall manage the corporate affairs and general business of the society, examine all bills and charges, and procure suitable rooms for the accommodation of the society. Three directors shall constitute a quorum for the transaction of business, provided that the lawful notice shall have been given to all members of the board.

ARTICLE III.

The society shall consist of the permanent members whose names are now lawfully upon the roll, and who subscribe to the platform and declaration, and of delegates duly appointed by auxiliary societies which are not in arrears for dues to this society. New members may be added from time to time, on the nomination of the auxiliary societies to which they respectively belong.

The censors, or a majority of them, shall examine all candidates for membership, and shall report favorably in case that every such candidate holds the degree of doctor of medicine, or is a practitioner who has been in reputable practice for five years, and who is of good reputation for virtue, intelligence and sympathy with the purposes of this society, who is eligible to membership, and has been duly nominated by the auxiliary society to which he or she may belong. The society may also elect honorary members, not exceeding ten in any year, who shall have been proposed at a preceding meeting, and shall be the residents of another State, or citizens of this State not members of an auxiliary association, and shall be in other respects suitable candidates for membership. Permanent and honorary meinbers shall be elected by ballot, and shall sign the constitution and by-laws, and shall pay ten dollars each to the recording secretary. If three or more ballots appear against a candidate, he shall be rejected.

A certificate or diploma of membership, both for permanent and honorary members, shall be furnished to such members, duly signed by the president and secretary, and attested by the corporate seal of the society.

Any member may be officially censured, invited to resign his membership, or expelled from the society for improper or unprofessional conduct or a renunciation of the principles and fellowship of the society, by a vote of four-fifths of the permanent members of the society present at a regular meeting; provided that a specific charge shall have been made at such meeting, in writing, or at a previous meeting; also that the society shall have resolved to entertain such charge, and due notice shall have been given to the accused person that he may be present and defend himself if he shall so elect. Any member, except a non-resident of the State, voluntarily ceasing to belong to an auxiliary society, shall thereby cease to be a member of this society. But any member who shall have been dropped or excluded from membership, for any alleged cause, shall have the right to serve a notice, within one year, upon the president of this society, who shall cause a review of said proceedings, either by special committee or at a meeting of this society, and the decision of this society, whether to set aside or to confirm the same, shall be final.

ARTICLE IV.

Auxiliary societies, whose purposes are in unison with this society, may be organized, as prescribed in the fourth section of the charter, subject to the approval and sanction of this society, or of its board of directors, when the society is not in session. Upon authorization they shall pay the recording secretary five dollars as initiation fee. Every auxiliary society shall be entitled to three delegates annually, and to a delegate in addition for every ten members of such society in good standing; and may, in addition, nominate annually four members, who are or have been delegates to this society, for permanent members of this society. Each Eclectic Medical College may also send two delegates to each annual session, who shall possess for one year all the powers, and be subject to all the obligations of members of the society.

ARTICLE V.

At each annual meeting shall be appointed a nominating committee who shall, in addition to the usual functions of such a committee, be charged with the duty of proposing the time and place for holding the next ensuing meeting, subject to the approval of the society.

ARTICLE VI.

Fifteen members may constitute a quorum of the society. Three members may constitute a quorum of the board, provided such director shall have been notified of the time and place of meeting.