New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-18
THE MIND AND DISEASE.
MAGNETIC HEALING NOT NECESSARILY
FRAUDULENT, THE UNITED STATES
SUPREME COURT HOLDS.

Washington Nov I'm the United States Su-
prerne Court to-day Justice Peckham delivered the
opinion in the case Of the American School OF Mag
netic Healing agt. J. NJ McAnnulty, the latter be-
ing postmaster at Nevada, No, where the school
is located. The proceeding grew out Of a fraud
order issued by tie Postofice Department pro-
hbiting the postmaster from delivering letters ad
dressed to the school On trial the United States
Circuit Court the Western District of Missouri
the departments order sustained on dernur
rer, To-days opinion reversed the judgment but
in delivering it Justice Peckham sail that there
no intention of passing the various consti-
tutionaI objections set forth ir the bill, the tnten
ton of the being simply to hold that the ad
mitted facts show violation Of the statutes cited
but an erroneous order given by the postmaster
General TO the defendant, which the courts have
the power 10 grant relief against. The action Of
the court was accompanied with instructions TO
the lower court to ''overrule the defendants de-
murrer to the amended bill, with lea ye to answer,
and to grant temporary injunction as applied for
by compartments"
In reviewing the case Justice Peckham quoted
the plea of the magnetic school that one human
mind may control another in treating disease. and
said:
than Pn s nsSvH it of Re sa 4be9
is fraud for oie person TO contend that the mind
uon greater than even vast majority of intelii-
gent people might be willing TO admit believe.
themselves as to the exe ay Of anf this o maSa e9c5
Because the eomplainants might or did claim 1r to
and Affecting tho mental powers of the Individual
and directing them toward the accomplishment of
a cure OF the disease under which he might be
suffering, who can say that il is a fraud or false
pretence promise within the meaning OF the
statutes? How can any one lay down the limit
ana say beyond that there fraud and false pre-
fences? The claim of the ability Of cure may be
vastly greater than most men would be ready to
admit, and yet those who might deny the existence
or virtue OF the remedy would only differ in opin-
ion from those who assert II. There is no exact
assertion false a fraud.
Later on Justice Peckham said:
Suppose a person should assert that by the
of electricity alone he could diseases eff
caciously as the same heretofore have been treat
ed by regular physicians. Would these statutes
justify the Postma ster General upon evidence sat
isfactory him, adjudge such claim to be with
out foundation and then pronounce the person so
claiming 10 be guilty OF procuring by false
fraudulent pretence the moneys of people sending
him money through the mails and then to prohibit
the delivery OF any letters TO him?
The opinion says that many people do not believe
in vaccination and in homeopathy and asks
whether this account vaccination is to be pro-
hbited and whether homPopa thic physicians
subject to be proceeded against by the Postmaster
General Justice Peckham concludes that the
statutes under which the Postmaster General pro-
ceeded in this case not intended to
any Of what the Postmaster General might
think be false opinions. but only cases of actual
fraud in fact. in regard TO which opinion forms
basis