The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-07
La CHANGE WAS SET FREE
DIVINE HEALER" WAS DIS
CHARGED by JUDGE LEWIS
Court Holds That La Chances Meth.
Cd of Treatment Does Not Come
Within the Scope of the Law Pro-
vfding fOrethe Licensing Of Ply
sicians-It Did Not Constitute
"the Practice of Medicine"

Judge Lewis yesterday granted the
application OF Joseph La Chance in
habeas corpus proceedings brought to
secure his liberation. It was shown
to the court that La Chance did not
Frofess to practice medicine, that he
was divine healer" The question
peIore the court, on the evidence sub
united In the municipal court, was
whether divine healing, as practiced by
MT. La Chance was practicing medi-
cine. The court decided that he did
not practice medicine and he was or
dered discharged.
Inc evidence submitted showed that
the defendant protested to cure human
lhs by a mental process only. He re-
CURED rnat the patient who applied to
MIN should sit very still and think only
o! MINI. lie did not prescribe any medi-
clnes and there was no laying on of
hands or massage The cure was sup
posed to be affected by psychological
means alone. If the person could not
SIT still, or worse still, could think, then
there could be no divine healing
The state law under which the board
proceeded provides specifically that
persons who practice medicine or
prescribe drugs for the cure Of disease
must be licensed by the state. It says
nothing about requiring a license Of a
person who uses mental means only
ior the cure of disease. These were the
tacts submitted to the court, and the
decision rendered by Judge Lewis goes
into the case extensively and in find
Ing tntimates that the proceedings in
such case, if a person thinks he has
a grievance, should take the form of a
prosecution for obtaining money under
false pretenses. =
The judge 8Iquotes the text of the
statute in one particular 1t says that
any person willvbe regarded as prac-
tlclng medicine who shall, "for fee,
prescribe, direct or recommend any
drug or medicine or other agency for
the treatment of disease The Judge
points out that the case hinges on the
terms "or other agency" and goes on:
Where particular words are followed
by general words, the latter are re-
stricted in meaning to objects of like
kind to those 9spsc: fed by the particular
words.
Applying thisarule, the words cor
other agencyN following as they do the
words drug or medicine" are limited
IN their meaning, and we think must BE-
held to describe remedies or treatment
of like character to drugs and medi-
cine, and would not include and pro-
hlbit treatment of the form disclosed
by the evidence in this case.
Further, if the words cor other
agency" are not so limited, then they
are so comprehensive as to include
nearly every form of harmless and in
some instance beneficial p treatment,
such aus rubbing, osteopathy, Turkish
baths, massage, physical training, ETC.
Such broad construction would leave it
in the power of every magistrate! to
saw. what trea mont was ipeL,1da6 q MI
what treatment was not included in the
act, which itself would, be subject to
the deserved criticism of being void
for uncertainty ..1-..-s
9 Tits undoubtedly true that treatment
of this kind is too ofteneuseda ito impose
and prey upon the credulous public.
but the remedy lies in specific legis-
lation, or by invoking the protection
Of the law pertaining TO obtaining
money by fraud and under. false pre-
tense. s+fe- ST. -'
The law seems to make no provision
for an examination concerning any
form of treatment which, does not re-
quire the use of drugs or medicine or
the skill of surgeon. Indeed, lic-'
ence is not given unless the person
applying for it is qualified to practice
medicine or surgery in some one of it's
branches.
A drug or medicine or the surgeons
knife may be an instrument of death
rather than means of health in the
hands of an incompetent or unskilled
practitioner; but no such danger can
possibly arise in the practice of the
treatment complained of here. While
it may be of no benefit, it certainly can
result in no injury. and the necessity
for the licence on the ground of pub
lie safety does not exist.