ividual patients. By accepting his diploma of M.D.
from the college faculty, and indirectly from the civil authority, he
makes at least an implicit contract with the state, by which he receives
certain rights conditioned on his performance of certain duties. In
offering his services to the public, he also makes an implicit contract
with his patients by which he obliges himself to render them his
professional services with ordinary skill and diligence on condition of
receiving from them the usual compensation.

I. The chief rights conferred on him by the state are these:

1. Protection against all improper interference with his professional
ministrations.

2. Protection for his professional career by the exclusion of
unauthorized practitioners.

3. Immunity from responsibility for evil consequences that may result
without his fault from his medical or surgical treatment of patients.

4. Enforcement of his right to receive due compensation for his
professional services.

These rights are not granted him arbitrarily by the state; they are
founded in natural justice, but made definite and enforced by human
legislation. Take, for an example, his right to receive due
compensation for his services. This right was not recognized by the old
Roman law in the case of advocates and physicians, nor by the common law
of England until the passing of the Medical Act in 1858. Surgeons and
apothecaries could receive remuneration for their services, but not
physicians. These were presumed to attend their patients for an
_honorarium_ or honorary, that is, a present given as a token of honor.

Certainly, if Doctors by common agreement waived their right to all
compensation, or agreed to be satisfied with any gift the patient might
choose to bestow, they would be entitled to honor for their generosity;
but they are not obliged to such conduct on the principles of natural
justice. For by nature all men are equal, and therefore one is not
obliged, under ordinary circumstances, to work for the good of another.
If he renders a service to a neighbor, equity or equality requires that
the neighbor shall do a proportionate good to him in return. Thus the
equality of men is the basis of their right to compensation for services
rendered. The physician's right to his fee is therefore a natural right,
and on his patient rests the natural duty of paying it. Not to pay the
Doctor's bill is as unjust as any other manner of stealing.

As to the amo