against his being expelled; that the other two were against him. He was desperate over the telephone. I said that the only thing he could do was to appeal the case, and that the ultimate appeal would be to the State Grievance Committee, but I made no recommendation one way or another, except that if he were to do so I thought he would stand much less chance ultimately of ever getting his membership back.
Dr. Kent--this case is only a drop in the bucket. We have all have experience with him over the past few years; there are many other instances when he has been in the wrong, yet no formal complaint has ever been made. These lawyers do not know that.
Dr. Hayden--I want to call attention to one thing in the By-Laws. When they were drawn up we talked to Cleon Knapp, and he suggested a thing which we incorporated in the By-Laws. It is "or conduct displeasing to a majority of the membership of the Society", which you do not have to explain.
Dr. Farness--Does anyone know what legal responsibility the Society has in any way?
Dr. Kohl--The Society is a self-governing body and a man can be thrown out if the body acts to that decision. If the action has followed along the lines of the Constitution and By-Laws of that organization.
Dr. Harry Thompson--I think the Censors can handle this very well. I think if is settled and we should stand by our guns. Further, I think the matter should be given to the State Board of Medical Examiners, but they should have none or our evidence, as they are private files.
Dr. Cogswell--Mr. Donald McClelland, an investigator of the Arizona State Board of Medical Examiners, was here last week, and requested a copy of the findings of the Grievance Committee, but I did not let him have this, as I felt it should be authorized by the Board of Directors.
Dr. Harry Thompson--I move an amendment to Dr. Hastings' motion--that we refer this to the Board of Censors--the amendment to be that this matter also be put into the hands of the State Board of Examiners.
Dr. Hayden--Mr. Chairman, Dr. Gotthelf talked with Dr. Cogswell about this. It was not, however, the intent of our committee to try and deprive the man of his living, since this is the only thing he knows, and we did not think that what our filed have is sufficient in weight to carry any court case that the Medical Examiners might have against him.
Dr. Harry Thompson--I withdraw the motion for amendment.
Dr. Cogswell--Before any legal counsel can be obtains, we must sanction it.
Dr. Harry Thompson--I think the Board of Censors can handle it.
Dr. Kohl--This pertains to your remarks, Mr. President. As Chairman of the Board of Censors this year, I think the Board of Censors will accept any duty devolving upon it, but I would hesitate very much to reopen this case with our advice of counsel, and if it is referred to us, I shall refuse to reopen unless counsel furnished by the Society.
Dr. Lesemann--I move that the motion be amended to say that the Board of Censors may hire counsel.
Dr. Farness--I second the motion for the amendment as stated by Dr. Lesemann. Upon being put to vote, motion for the amendment was carried.
Dr. Beaton--Do you think this is something that should be handled by the Board of Censors or by the Board of Directors?
Dr. Hewitt--According to the By-Laws, the Censors have already dispatched their duty and the Board of Directors have accepted their report. I would recommend you read that Article in the Constitution with regard to disposition of such cases.
Reading so ordered by the President, and read by Dr. Bernstein, page 22 through (e) on page 24.
Dr. Hastings--He was notified three months previously, and appeared before the Board of Censors. He was informed.
Minutes of the Pima County Medical Society 1904-1954
