Editorial July 25, 1914 Issue

"Stand fast"

Archibald McLellan

The decision recently rendered by the appellate division of the supreme court of New York, which has been so widely commented on by the press, simply lends emphasis to what has been going on in the legislatures of the different states during the years since Christian Science has come into prominence,—to speak plainly, since it has been regarded by a certain class of physicians as a competitor. Previous to this time the practice of medicine was in fact the practice of medicine. There was no contention that the person who did not administer drugs, or in some other way use material remedies for the healing of the sick, was practising medicine.

Immediately, however, that the stage of skepticism or complete denial of the healing power of Christian Science was passed, and it became known that healing was being accomplished by mental and spiritual means, and without the use of drugs or other material remedies,—then the medical profession—not the public—became greatly interested in securing the passage of laws which should so define the practice of medicine as to include every means by which the sick are healed. In some states it was not difficult to secure such laws, because Christian Science had not become as thoroughly known as it is today. In other states certain provisos were embodied in the medical laws which were enacted, these provisos being for the purpose of declaring that the healing of sickness through spiritual means was not to be considered the practice of medicine. In New York state, in 1907, the form adopted and agreed upon between the doctors who were the proponents of the law, and the Christian Scientists who were its opponents, was that it should not be construed as applying to "the practice of the religious tenets of any church."

It was well known and understood by the members of the New York legislature at the time this law was enacted, that the purpose of these words was to declare that the practice of Christian Science was not the practice of medicine; and upon this understanding Christian Scientists withdrew their opposition, being assured that their rights were fully protected, and there being no doubt that such was the intention of the legislature. Now that a court of intermediate appellate jurisdiction has declared, in a divided opinion, that the letter of this law prohibits the practice of Christian Science under certain conditions, there is one thing that should be done in order to put into effect the intention of the legislature which passed this law; namely, for the legislature at its next session so to amend the law as to leave no doubt about its meaning, and no possible chance for it to be put to a purpose for which it was never intended by the lawmakers who were responsible for its enactment. To have on its statute-books a law which has in effect been construed to take away the rights of the citizens in so important a matter as this, is not creditable to the state of New York, and there should be no delay in changing these conditions. It is time the public realized that there is an organized effort being made to take away its liberties through so-called medical legislation, the latest phase of which is thus referred to by the St. Louis Republic:—

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