Article October 21, 1916 Issue

New York Court of Appeals Sustains Legality of Christian Science Practice

Progress of the "Cole case" so called through the New York courts has covered a period of over five years, but a decision has finally been reached in the Court of Appeals. Samuel J. Elder and Henry D. Estabrook were entered as counsel for Mr. Cole, the state being represented by Edward Swann, district attorney (Robert C. Taylor of counsel). The opinion of the court, which was written by Judge Emory A. Chase, was (aside from a formal recital of a part of the evidence) as follows:—

Chase, J : On February 18, 1911, and on an application therefor by the New York Country Medical Society, a warrant was obtained against the defendant charging him with practicing medicine as defined by section of the Public Health Law of the State of New York without being duly licensed therefor. (People v. Cole 25 N. Y. Crim. Rep. 350.)

On March 21, 1911, he was indicted by a grand jury of the country of New York. The indictment charges him with the crime of practicing medicine without lawful authorization and registration and alleges that such unlawful practicing of medicine occurred on the 19th day of January, 1911, and continually thereafter to and including the 28th day of January, 1911. The defendant was tried on such indictment in the New York Supreme Court Criminal Term, but the jury failed to agree and was discharged. Another trial was had in the same court and resulted in a verdict of guilty and a judgment was accordingly entered against the defendant on the 30th day of March, 1912. He appealed from such judgment to the Appellate Division where it was affirmed by a divided court. (People v. Cole 163 A. D. 292.) An appeal was then taken from such judgment of affirmance to this court.

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