Editorial October 22, 1904 Issue

The Spead-Tomlinson Case

In our issue of October 8 we quoted at length from the decision of the Supreme Court of New Hampshire in the case of Spead v. Tomlinson, and commented editorially upon this decisive victory for Mr. Tomlinson and for the Cause of Christian Science. This decision has since been referred to quite generally by newspapers throughout the country, and the concensus of opinion commends the court's action in so squarely and unequivocally sustaining the legality of Christian Science practice. Some time ago, it will be remembered, an attempt was made in the New Hampshire legislature to secure the enactment of a law prohibiting the practice of Christian Science in the state, but such a storm of protest followed the introduction of the bill that it was defeated within twenty-four hours. The law-making and law-enforcing powers of the state having thus expressed the will of the people so forcibly and unmistakably, our brethren will now feel free from the constraint which has necessarily impeded their work, and we may expect still greater growth of the Christian Science movement in our Leader's native state, the state where her family has been prominent for several generations in the struggle for religious and civil liberty.

In the case of Spead v. Tomlinson the right of Christian Scientists to practise the tenets of their faith through the healing of disease was definitely before the court upon the contention that such practice is contrary to public policy, and it was largely upon this issue that the Supreme Court decided in favor of the defendant.

Mr. Tomlinson is to be congratulated upon having had his case so ably handled by his attorneys, Messrs. Streeter and Hollis. The brief prepared and filed by General Streeter in his client's behalf was a logical and masterly argument. We quoted from this brief some time ago. The favorable outcome of the case has renewed interest in General Streeter's argument, and we therefore republish the following salient paragraphs: —

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