124 ESSENTIALS OF VETERINARY LAW 
Carolina, Rhode 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: 7° 
‘¢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: 7! 
‘‘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. 71528, Burns’ Annotated 
1, 26 Am. R. 75. Statutes (1914). 
