Editorial November 25, 1916 Issue

Healing by Prayer Not a Criminal Act

Archibald McLellan

Bench and Bar, a monthly magazine for lawyers, published in New York City, commenting editorially on the Cole case recently decided by the New York Court of Appeals, calls special attention to the concurring opinion of Chief Judge Bartlett, in which he said: "I concur in Judge Chase's construction of the statute. But I would go farther. I deny the power of the legislature to make it a crime to treat disease by prayer." We quote from this most interesting comment as follows :—

This suggestion raises perhaps the most interesting feature of the case. Can the attempted cure of disease by prayer be constitutionally inhibited? That the treatment of disease so closely concerns the public health as to come within the police power of the state is, of course, too plain for serious argument. The licensing of physicians and surgeons is manifestly a valid police measure. Both operate directly upon the body. The one administers drugs; the other wields the knife. If the doctor knows nothing of the effect of his medicines upon the human body, or the surgeon has no knowledge of anatomy, the results are likely to be disastrous. Knowledge on these points is essential, and the state has a right to require it.

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