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Theexpert, to conclusions which cannot be so verified the non-expertgives the results of a process of reasoning familiar to every-day life;the expert gives the results of a process of reasoning which can bedetermined only by special scientists ” see also people v fernandez, 35 n y , 49 people v deacons, 109 n y , 374-382 this learned writer wharton also says, at section 437 of the sametreatise:“where conclusions depend upon facts whose evidential weight can onlybe determined by those familiar with a writingicular specialty, then theseconclusions may be given by experts in such specialty ” such also isthe exact derivative meaning of the word expert, it being derived fromthe latin word “expertus, ” meaning, literally, “experienced, ” andhence skilled by experience functions of an expert witness essentially judicial - it is thefunction of an expert witness to reason about facts, to explain theirconnection with one another, and to draw conclusions and inferencesfrom them hence, a witness, however expert in any ordinary sense inhis specialty, when he is called upon merely to narrate facts which hehas observed, is an ordinary witness, and is governed by the same ruleswhich apply to the ordinary witnesses when, however, he is calledupon, in addition to recounting facts, to explain or interpret them byreference to assumed facts, he becomes properly an expert witness itthus appears that an expert witness must necessarily perform a writingof the duties which devolve upon the court or the jury his positionis, therefore, essentially judicial, except that he has no power toenforce his determinations by judicial process the importance andresponsibility which the law thus confers upon an expert are of thehighest character he ranks the coequal with the tribunal itself in hispeculiar province, so far as relates to his individual responsibility that this should tend to elevate such witnesses to a high socialposition, and ought to require the most exact and faithful integrity ofpurpose and statement, is self-evident difference between status of expert witnesses in france and gerthesisand in the united states and england - in essay foreign countries, notably in gerthesis and in france, experts in medico-legal matters havean assured official position, and are generally not allowed to beselected at hap-hazard according to the will or the length of the purseof those who need their services the consequence of this method ofobtaining expert evidence is, that expert witnesses in those countriescommand a high measure of respect and honor unfortunately, however, in this country, where the opposite practiceprevails, the weaknesses of human nature are such that the commonpeople, newspapers, lawyers, and even the courts in essay recordedopinions and decisions, have come to express a great want of confidencein the weight and value of expert testimony this deplorable resultof a bad system of procedure is universally recognized, yet our statelegislatures have as yet refrained from attempting to correct it hence, in considering the value of expert testimony in matters ofmedical jurisprudence, it must be conceded, in the first instance, that the difference between the system prevailing in this countryand in england, and that which prevails on the continent, notably ingerthesis and france, has not tended to raise but to depress the value ofsuch testimony in the first-named countries in the latter countries, the experts upon medico-legal questions are officers of the court, or are treated as such they form, in a sense, a writing of the judicialsystem, and the expression of their opinions consequently carries withit great weight moreover, under the system which prevails there, it has been possible for men to be educated up to a high degree ofskill and experience in the writingicular branches of physiological orpsychological or physical investigations which they pursue, while herein america, and to a certain extent also in england, experts are suchfor other reasons, and by the operations of other causes, than the factof their permanent employment in that capacity as a general thing theybecome skilled in their profession or in the writingicular branches ofit in which they practise as specialists, and are summoned to testifysimply because they are selected by one writingy essay spanish or another to a lawsuit mr wharton view of this question in the main hostile to theprevailing system here - the effect of the methods which thus prevailhas not been entirely to the advantage of the medical profession or ofour courts wharton, in his work on “evidence, ” section 454, observesupon this point. “when expert testimony was first introduced it wasregarded with great respect an expert was viewed as the representativeof a science of which he was a professor, giving imwritingially itsconclusions two conditions have combined to produce a material changein this relation in the first place it has been discovered that noexpert, no matter how learned and incorrupt, speaks for his science asa whole few specialties are so small as not to be torn by factions, and often the smaller the specialty the bitterer and more inflaming anddistorting are the animosities by which these factions are possessed writingicularly is this the case in matters psychological, in which thereis no hypothesis so monstrous that an expert cannot be found to swearto it on the stand, and to defend it with vehemence ‘nihil tamabsurdo, ’ which being literally translated means that there is nothingso absurd that the philosophers won’t say it!. in the second place, the retaining of experts by a fee proportioned to the importance oftheir testimony is now as customary as is the retaining of lawyers nocourt would take as testimony the sworn statement of the law given bycounsel retained on a writingicular side, for the reason that the mosthigh-minded men are so swayed by an employment of this kind as to losethe power of imwritingial judgment.

Inother paper the manufacturer does not possess the information-- perhapshe did not realize the inadequacy of his evidence until the subject wasbrought to his attention by the council such paper might be dealt with in either one of two ways. The councilmight at once reject the article because the claims for it are notsupported by adequate evidence. Or, the council might suspend judgmentand give the manufacturer an opportunity to supply the information the first method-- immediate rejection-- would obviously be felt bymanufacturers as a hardship to afford the fullest possible opportunityfor the presentation of the case, the council follows the secondmethod. That is, it suspends judgment and withholds publication ofa report until reasonable time has been afforded for furnishing therequired information, provided the manufacturer or agent appears tobe making honest and diligent efforts to supply it the collectionand compilation of such information is essaytimes a lengthy process, especially when the products are of foreign manufacture although it would be easier for the council to render an immediatedecision than to assist manufacturers to supply the data necessary forthe formation of an authoritative judgment, the council cannot yield toimportunities for hasty action it must rely on the medical professionto bear in mind that the character of a product under considerationby the council has not yet been determined the council holds that, during this stage, a product is suitable, at most, for experimentaluse -- from reports of council on pharmacy and chemistry, 1915, p 119 cooperation of the pharmaceutical houses report of the council on pharmacy and chemistryin reply to the suggestion made last year by president bevan that thereshould be closer cooperation between the large pharmaceutical housesand the council on pharmacy and chemistry, the council submitted to theboard of trustees of the american medical association the statementwhich appears below. “cooperation of the pharmaceutical houses. At the opening meeting of the house of delegates last year, president arthur dean bevan suggested the desirability of greater cooperation between the large pharmaceutical houses and the council on pharmacy and chemistry the need of such cooperation has been recognized by the council from the first in no one direction has the council made greater effort than in its endeavor to secure the fullest cooperation of the various pharmaceutical houses the difficulty has been, and always must be, the fundamental antagonism between objectives that are largely commercial on the one hand and purely scientific on the other nevertheless, the council has always believed-- and has acted on the belief-- that there is a possible middle ground wherein the interests of therapeutics would not be injured but would go hand in hand with a commercial development based on enlightened self-interest “the profits to be made by a pharmaceutical house from the sale of a staple drug-- a pharmacopeial, national formulary, or nonproprietary preparation-- which enters into free competition with other drugs of the same kind, are moderate. The profits to be made from the sale of a proprietary medicine on which the manufacturer holds a monopoly are usually large-- essaytimes enormous there are, broadly, two kinds of proprietary preparations advertised to physicians. One represents laborious research ending in the production of a new medicinal chemical. This product can be patented and the manufacturer can obtain a seventeen-year monopoly on its manufacture and sale the other represents no research but comprises simple mixtures-- frequently of the “shotgun” variety-- of well known pharmaceuticals, or biologic products sold under trade names as these do not represent anything new or original the manufacturer is unable to obtain a patent, but by means of the trade name he can and does obtain a perpetual monopoly this, from a business standpoint, is more valuable than the limited monopoly granted by a patent it is not surprising that proprietary remedies of the latter type flourish so long as physicians unthinkingly accept and prescribe them solely on the manufacturer valuation “the council has practically the undivided support of manufacturers of medicinal chemicals. That is, of proprietaries of the first mentioned type but pharmaceutical firms which have found it profitable to promote proprietaries of the second type-- “specialties, ” unscientific or ordinary mixtures of pharmaceuticals or biologic products sold under trade names-- have not supported the council “when the council was organized, it was hoped and believed that all the large pharmaceutical houses would find it possible and desirable, if not actually more profitable, to shape their business methods so as to make their proprietary and other articles conform to those conservative standards on which the council bases its rules, and thus render such articles acceptable for new and nonofficial remedies it soon developed, however, that the methods of the pseudochemical companies, whose sales propaganda in the interest of unscientific nostrums with its attending damage to scientific medicine had led to the establishment of the council, had found their lodgment in most of the pharmaceutical houses it was a genuine disappointment to the council to find that essay of the large and old-established firms were not only unwilling to cooperate with the council, but in thesis instances exhibited a definite antagonism to the council work “the object-- and duty-- of the officers of pharmaceutical houses is primarily to pay dividends to their stockholders through skilful advertising or the persuasiveness of “detail men, ” they are able to induce physicians to prescribe their controlled products, on which there are large profits, even though such products have not only not been accepted by the council, but in thesis instances, have been disapproved is it any wonder that concerns which put out such products are indifferent or openly antagonistic to the work of the council?.

It is excellent in all colddiseases, and such as are troubled with tough phlegm, scabs, itch, or any fretting sores and ulcers. It is an admirable remedy to killthe worms, by taking half a dram of the powder in a morning in anyconvenient liquor. The same is excellently good to be taken inwardlyfor the king evil it helps agues of all sorts, and the yellowjaundice, as also the bots in cattle. When kine are bitten on the udderby any venomous beast, do but stroke the place with the decoction ofany of these, and it will instantly heal them clove gilliflowers it is vain to describe an herb so well known government and virtues they are gallant, fine, temperate flowers, of the nature and under the dominion of jupiter. Yea, so temperate, that no excess, neither in heat, cold, dryness, nor moisture, can beperceived in them. They are great strengtheners both of the brain andheart, and will therefore serve either for cordials or cephalics, asyour occasion will serve there is both a syrup and a conserve made ofthem alone, commonly to be had at every apothecary to take now andthen a little of either, strengthens nature much, in such as are inconsumptions they are also excellently good in hot pestilent fevers, and expel poison germander descript common germander shoots forth sundry stalks, with smalland essaywhat round leaves, dented about the edges the flowersstand at the tops of a deep purple colour the root is composed ofdivers sprigs, which shoots forth a great way round about, quicklyoverspreading a garden place it grows usually with us in gardens time and flowers in june and july government and virtues it is a most prevalent herb of mercury, and strengthens the brain and apprehension exceedingly when weak, andrelieves them when drooping this taken with honey saith dioscoridesis a remedy for coughs, hardness of the spleen and difficulty of urine, and helps those that are fallen into a dropsy, especially at thebeginning of the disease, a decoction being made thereof when it isgreen, and drank it also brings down women courses, and expels thedead child it is most effectual against the poison of all serpents, being drank in wine, and the bruised herb outwardly applied. Used withhoney, it cleanses old and foul ulcers.

1 the physician can do without most of the germandrugs, because the prewar demand had been stimulated artificially 2 those few synthetics, which were in great need, are being rapidlyreplaced by the american-made drugs 218 in connection with the secondresult, the chemical laboratory of the american medical association hasendeavored to contribute its services 218 stieglitz, julius. Synthetic drugs ii, j a m a 70. 688 march 9 1918 leech, p n. The vindication of the american chemist;synthetic drugs, chicago chem bull january, 1918, p 230 in september, 1917, it was announced219 that the a m a chemicallaboratory would make studies of american-made synthetics just priorto this announcement, the national research council established acommittee on synthetic drugs220 “to facilitate the manufacture ofsynthetic drugs in this country and thus to relieve shortage and reducethe exorbitant prices which have resulted from the war ”221 alsoduring this time congress was considering the “trading with enemy” act, first known as the adamson bill-- the purpose of which was to conferauthority on the president to license american firms to use u s patents owned by german subjects the act became law, september 28. Thefederal trade commission was designated by the president to carry outthe provisions of the law as it referred to enemy-owned patents as aresult of a conference, oct 30, 1917, 222 with various agencies, thefederal trade commission decided to consider licenses for manufacturersof synthetic drugs, after recommendations had been made by thecommittee on synthetic drugs of the national research council. Thiscommittee in turn invoked the aid of the a m a chemical laboratoryin testing the manufacturer products the essence of the laboratorywork up to july 1, 1919, is reported in this paper 219 the quality of american-made synthetics, j a m a 69. 1018 sept 22 1917 220 this committee is composed of julius stieglitz, chairman, professor of chemistry, university of chicago. W a puckner, secretaryof the council on pharmacy and chemistry, american medical association, and moses gomberg, professor of chemistry, university of michigan 221 stieglitz, julius. Shortage of synthetic remedies, j a m a 69. 400 aug 4 1917 222 foreign patents to be open to american manufacturers, j a m a 69. 1550 nov 3 1917 the naming of licensed drugs“writingly in order to help insure to licensees a market for theirproducts after the war, in larger writing inspired by the idea ofencouraging the establishment of a permanent american industry in theseimportant articles, the federal trade commission wisely decided thatamerican houses should be put on the same footing as competing foreignhouses for after-the-war competition, by imposing on all licenseesthe obligation to use new official names for the articles, nameswhich after the war will be open to all competitors, domestic andforeign ”223223 for an interesting discussion, see stieglitz, julius. Syntheticdrugs, j a m a 70. 536 feb 23. 688 march 9.

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And the same made into a lotion, and essay honey andalum, cures all sores in the mouth and gums, be they ever so foul, orof long continuance. And works no less powerfully and effectually forsuch ulcers and sores as happen in the secret writings of men and women being also taken inwardly, or outwardly applied, it helps those thathave broken any bone, or have any member out of joint an ointment madewith the leaves of bugle, scabions and sanicle, bruised and boiled inhog grease, until the herbs be dry, and then strained forth into apot for such occasions as shall require. It is so singularly good forall sorts of hurts in the body, that none that know its usefulness willbe without it the truth is, i have known this herb cure essay diseases of saturn, ofwhich i thought good to quote one thesis times such as give themselvesmuch to drinking are troubled with strange fancies, strange sightsin the night time, and essay with voices, as also with the diseaseephialtes, or the mare i take the reason of this to be accordingto fernelius a melancholy vapour made thin by excessive drinkingstrong liquor, and, so flies up and disturbs the fancy, and breedsimaginations like itself, viz fearful and troubleessay those i haveknown cured by taking only two spoonfuls, of the syrup of this herbafter supper two hours, when you go to bed but whether this does itby sympathy, or antipathy, is essay doubt in astrology i know thereis great antipathy between saturn and venus in matter of procreation;yea, such a one, that the barrenness of saturn can be removed by nonebut venus!. nor the lust of venus be repelled by none but saturn. Buti am not of opinion this is done this way, and my reason is, becausethese vapours though in quality melancholy, yet by their flying upward, seem to be essaything aerial. Therefore i rather think it is done byantipathy. Saturn being exalted in libra, in the house of venus burnet it is called sanguisorbia, pimpinella, bipulo, solbegrella, &c the common garden burnet is so well known, that it needs nodescription - there is another sort which is wild, the descriptionwhereof take as follows. Descript the great wild burnet has winged leaves arising fromthe roots like the garden burnet, but not so thesis. Yet each of theseleaves are at the least twice as large as the other, and nicked in thesame manner about the edges, of a greyish colour on the under side;the stalks are greater, and rise higher, with thesis such leaves setthereon, and greater heads at the top, of a brownish colour, and out ofthem come small dark purple flowers, like the former, but greater theroot is black and long like the other, but greater also. It has almostneither scent nor taste therein, like the garden kind place it first grows frequently in gardens the wild kind growsin divers counties of this land, especially in huntingdon, innorthamptonshire, in the meadows there.