by the patient's death. Such
communications, however, must be of a lawful character and not against
morality or public policy; hence, a consultation as to the means of
procuring an abortion on another is not privileged, nor would be any
similar conference held for the purpose of devising a crime or evading
its consequences.

"A report of a medical official of an insurance company on the health of
a party proposing to insure his life is not privileged from production;
nor is the report of a surgeon of a railroad company as to the injuries
sustained by a passenger in an accident, unless such report has been
obtained with a view to impending litigation."

The practical rule for a Doctor's conscience on the subject of secrecy
is, that he must keep his professional secrets with great fidelity, and
not reveal them except in as far as he is compelled to do so by a court
of justice acting within its legal power or competency. If so compelled,
he can safely speak out; for his duty to his patient is understood to be
dependent on his obedience to lawful authority.

As to the question of Jurisprudence whether the courts _ought_ to treat
the physician's official secrets as privileged, in the same way as they
do a lawyer's secrets, this will depend on the further question whether
the same reasons militate for the one as for the other. The lawyer's
privilege is due to the anxiety of the state not to condemn an innocent
man nor a guilty man beyond his deserts. To avert such evil, the accused
party needs the assistance of a legal adviser who can guide him safely
through the mazes and technicalities of the law, and, even should he be
guilty, who can protect him against exaggerated charges and ward off
unmerited degrees of punishment. Now, this can scarcely be accomplished
unless the attorney for the defence learn from his client the entire
truth of the facts. But the client could not safely give such
information to his lawyer if the latter's professional secrets were not
held sacred by the court of justice.

Can the same reasons or equivalent ones be urged in behalf of the
physician? I do not see that they can. And I notice besides that, if he
be excused from testifying against his patients, all their servants and
attendants would seem to be entitled to the same privilege. Many
persons, I think, labor here under a confusion of ideas; a Doctor is as
sacredly bound to keep his patients' secrets as a lawyer is in regard to
his clients,