Article September 8, 1917 Issue

The New York Court of Appeals, the highest court of...

The Christian Science Monitor

The New York Court of Appeals, the highest court of the state, has again construed and applied the New York statute which forbids the practice of medicine without a license, but provides that it shall not affect "the practice of the religious tenets of any church." [This case is entitled People v. Vogelgesang, and it will appear in Vol. 221 of the New York Reports.] The same statute was before the same court in the now well-known case of People v. Cole, 219 New York Reports 98, when it was held to fully protect practitioners of Christian Science. In that case, however, the court said, "The religious tenets of a church must be practiced in good faith to come within the exception." In the present case the facts presented an instance of fraud or pretense, and it was decided accordingly.

At the same time, the Court of Appeals held that the trial court erred by charging the jury that the defendant had not the right to practice his religion for pay. The Court of Appeals also construed, in a clear and accurate manner, the clause in the New York statute designed to protect practitioners of Christian Science, and, after referring to like provisions in other states, summed them up as follows: "Through all this legislation runs a common purpose. The law exacts no license for ministration by prayer or by the power of religion. But one who heals by other agencies must have the training of the expert."

The seven judges who sat in this case were agreed, except that Judge Cuddebach held that the defendant should have been granted a new trial by reason of certain errors of the trial court. The opinion of the majority, written by Judge Cardozo. follows in part:—

Send a comment to the editors

NEXT IN THIS ISSUE

Article

From the speeches and writings of statesmen and...