A New York despatch in your paper presents the fact...

Fitchburg (Mass.) Sentinel

A New York despatch in your paper presents the fact that a New York judge has given his opinion "that the treatment of disease by inaudible prayer is a violation of the laws of that state." The judge did not go far enough to explain whether Christians should be allowed to pray for anything else. Perhaps it is reasonable to assume that he would approve of prayers for some other purpose. I wonder what would have happened if Jesus and his disciples had made their advent in this age of the world instead of coming nineteen centuries ago. If they had practised in New York city they would surely have been arrested. I wonder what the next two thousand years will bring forth.

The judge further stated that a Christian "who carries and puts his belief into practice for hire exceeds his rights as an individual under the law." According to this opinion every clergyman in the state of New York is liable to arrest, for every one preaches and prays for his parishioners and receives a fee therefor. He may have a larger audience than the Christian Science practitioner, but the principle involved still remains the same. The judge did not venture to explain why the acceptance of a fee changed the situation. So far as we see, prayer is likely to have the same effect whether or not a fee is paid, and as "the laborer is worthy of his hire," that service for which the recipient pays is even more commendable than that which is received without pay.

The judge declares that "liberty of conscience ... shall not justify practices inconsistent with the peace or safety of this state." Here he went outside of his jurisdiction, assuming that the practice of Christian Science is inconsistent with the peace and safety of the state, notwithstanding the fact that the testimony in the case showed that Christian Science had healed the sick and thereby brought peace and safety to the state. In short, the judge's opinion seemed to be based upon a preconceived and settled belief on his part that Christian Science was inconsistent with the peace and safety of the state and not upon anything that was brought out at the trial.

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April 8, 1911
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