The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-18
4 FRAUD ORDER NULLIPlED.
SCHOOL or MAGNETIC HEALING
WINS IN SUPREME COURT.


Opinion. says That the Emcacy Of
Any Particular Method Of Treatment
of Disease Is Not . Matter for the
Decision OF the Postmaster.Ceneral.
WASHINGTON, Nov. IA novel and
important opinion, covering subject-matter
not heretofore passec, upon by courts of
law, was handed down by the Supreme
Court to-day in the case Of j. II. Kelly
and the American School Of Magnetic
Healing Of Nevada, Mo-, against ].
McAnnulty. Postmaster at that place, to
prevent the latter from executing the fraud
order" issued by the Post Office Depart
ment against the delivery Of mail to that
institution.
The effect Of the decision upon the atti-
tude Of the Department in the matter of
protecting the mails from fraudulent use
is revolutionary. as 1t practically declare
the broad principle "for the public good
70 be- imperative where the fraudulent
character of the scheme il a matter of opin-
lon and not of fact. and then it lays down
the principle that the efficacy or effect
Of certain medical or healing treatment
u purely a matter Of opinion and not of
fact and clearly outside the powers Of the
Postm aster General to determine. The
right Of the courts to review the actions of
the executive departments In such matters
Ia also established by the decision over
turning the present practice.
The opinion IL of more than ordinary
interest because of its bearing on the doc
trine and practice of Christian Science
healing, which Is on trial in several states
under the laws against malpractice. While
the decision does not refer to the Chris
tian Science shool by name. IL does 60
into the question of mental healing and
also takes up the ques, ions Of treatment
by electricity. vaccination, homo lpathy
and even the regular school,
The case was one Of the most notorious
fraud orders passed upon by the Post Office
Depart ment The American School of
Magnetic Healing was conducting An ex-
tensive business on the absent treatment
plan. pretending, upon payment of certain
fees, to heal disea at distance by mental
process. After IN Investigation by in
spectors, the Postmaster-General issued
an order decraing the business fraudulent
one, denied the concern the USE of the mails
on that ground and directed the return OF
all mail matter addressed to the school.
Kelley, its general manager and secre-
tary, brought action in the United states
court for the Western District of Missouri
for an injuncti ion to restrain the execution
Of the DEPARTMENTS order, and when that
court denied his petition he appealed to
the Supreme Court on the grounds. among
others. that the law under which the Post i
mast er-C General had acted was unconstitu-
tional, because it deprived him Kelley
OF property without due process of law
and made the post masters and Postmaster
General the sold judges Of their own cases.
Without passing on the Constitutional
questions raised, the Court reversed the
siecision Of the lower court and directed it
TO hear evidence upon the legitimacy Of
the business conducted by the school
Kelly disclaimed any connection with
what Is known a. Christian Science, allegin g
that his treatment was founded on the
physical and practical proposition that the
mind of the human race u largely re-
spopsible for lite ills and is Perceptible
factor in the treating, curing, benehtihg
and remedyng thereof, and that innate
power could be properly exercised 'hroush
Justice Peckham, who delivered the
opinion Of the court, in passing upon the
legality of Kelly's basis OF healing, says:
a, the her. nine, ind mon no the physical condition OF
ini mental state goes far IN many eases: not
only to alleviate. but even to aid very, largely
in the cure OF an illness from which the body
may suffer. And il Is said that nature may
ills OF the body without recourse to medl-
cine and that it cannot be doubted that n
dosa sacceed in curing many bodily ul~;
How far these claims are borne out by actual
experience may be matter Of opinion MO oer,o,
cond ton affects the body no one can acell-
rately and definitely say One person may De-
but surely il cannot be said that it is q fraud
for one person to contend that the mind has
an effect upon the body and it, physical con-
dition greater even than a vast maiority Of
Intelligent people might be willing to admit
indeed, do. difier among "i themseiys- a. TO The
extent OF this mental effect, Because the
complainant; might or did claim to be able 70
effect cures by reason OF working upon ana
affecting the mental powers OF tn" individual
and directing them toward the accompll>h,
nent of a cure of the disease under when he
might be suffering, who can say that il is a
fraud or a false Pret.n"" or pTHmi' eo W'tn mn
one Law down the limit and say beyond That
there arc fraud and false protenc".'
The bill in this case AYERS that those who
have business with the complainant- are sat
ished with their method OF treatment md ar
entirely wiling that tn" m0nGy thy sent 'n nSsT
words. they seem TO have faith in the efficacy
Of the compl%'nants trcd'ment ana y t they
fail, the answer might be- that all humar
means OF treatment are also liable to iail
time arrives. There j. n claim that the treat
ment by the compliments will always sue
coed
S,lppose a person should assert that. By
the use OF electricity alone he could treat dis
eases ~ efficaciou-y and successfully as TN
same have eretofore been treated by reeula
physicians. Would this statement Justii!
The Postmaster General upon evidence satis
factory to him. TO adjudge such claim to b'
without foundation and then to pronounce
the per son 80 claiming TO be guilty OF procuring
by false or fraudulent pretences the money
Of people sent him through the mails and thci
TO prohibit the delivery of any letters to him
Is the effectiveness OF most any particula
method of treatment OF disease Il. TO NOR
or less extent. n fruitful source of diNcrcnc
Of opinion even though the great mnlorit
may he Of one way OF thinking, the eficac
OF any special method Is certainly not matte
for the decision OF the Postmaster Genera
within these statutes raltve TO fraud. Tn
less the question may be reduced to one @
fact. as distinguished from mere opinion, "
think these statutes cannot be invoked for tn
purpose of stopping the delivery OF mail mat
ter. ~
preventive Of smallpox. while others rcgar
Il as unavailing for that purpose Under thes
statutes could the Postmaster General upo