Article May 17, 1913 Issue

It is a sound principle of public policy that legislation...

Manchester (N. H.) Union

It is a sound principle of public policy that legislation should be made in language to express the intent as definitely as it is possible to express it. Even then, as conditions change or unanticipated points of view are presented, the courts are overburdened with the task of interpretation of the meaning. For that reason criticism of House bill No. 303, relative to the practise of medicine, now in the hands of the committee on public health, seems to be well founded.

The present law on the subject clearly exempts from registration, and other provisions of the act, Christian Science or any other method of healing, if no drugs are employed or surgical operations are performed. This bill strikes out such provision, but substitutes: "Nor shall this act be construed so as to interfere in any way with the practise of religion." Such a provision is so indefinite as seemingly to invite contention and litigation. If the purpose is to outlaw Christian Science, which sets forth that its practise of healing is inseparably connected with its practise of religion, the issue should be equally drawn that the legislators may understandingly declare their verdict. In such case, no exception of any kind, however indefinite, should appear.

If it is allowed that the definite policy of the state for the past fifteen years, under which no flagrant abuses have been reported, in such a matter is desired to be continued, then that should be equally plain, as plain and definite as it is in the present law. No other than one of these two courses is defensible, and either can be taken without interfering with the other proposed changes in the present law. Too great care cannot be taken in legislating upon any subject to make the meaning of the language clear and definite, removing all possibility of disputes that can be foreseen.

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