124 ESSENTIALS OF VETERINARY LAW 



Carolina, Ehode Island, Louisiana, Minnesota, 

 North Dakota, and Wyoming, and they should be 

 found in all the states. 



Some years ago in a criminal case in Indiana a 

 physician refused to give his expert opinion until 

 he should be assured of extra compensation. The 

 trial court committed him for contempt. Upon 

 appeal to the supreme court the decision of the 

 lower court was reversed. This carefully consid- 

 ered opinion is, perhaps, the best of our American 

 decisions. In it the court said : '^° 



' ' While a physician or surgeon could be required 

 to attend as a witness to facts without other com- 

 pensation than that provided by law for other wit- 

 nesses, yet he could not be required to testify as 

 to his professional opinion without compensation 

 of a professional fee. The professional knowledge 

 of an attorney or physician is to be regarded in the 

 light of property, and his professional services 

 are no more at the mercy of the public, as to re- 

 muneration, than the goods of the merchant, or the 

 crops of the farmer, or the wares of the mechanic. ' ' 



This case excited so much comment in the state 

 that the legislature enacted a statute, which, while 

 it is law, and binding upon the citizens of the state, 

 seems to be unworthy of so great a commonwealth. 

 This statute is as follows : '^^ 



'*A witness who is an expert in any art, science, 

 trade, profession, or mystery may be compelled to 

 appear and testify to an opinion as such expert, in 

 relation to any matter, whenever such an opinion 

 is material evidence relevant to an issue on trial 



70 Buchman v. State, 59 Ind. 7i 528, Burns ' Annotated 



1, 26 Am. R. 75. Statutes (1914). 



