The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1902-12-03
A FRAUD ORDER NULL|F|ED
School Of Magnetic Healing Wins il
the Federal Supreme Court.
DECISION IS REVOLUTIONARY
Justics Peckham. Who Delivered tho opin.
Ion, Says That tho Efficacy OF Anv Par.
ticular Method Of Treatment OF Disease
10 Not Matter For tao Decision OF the
Postnss sseer-G eneral.cas Passed Upon


ticuiar Method Of Treatment OF Disease
10 Not o Matter For tao Decision OF the
Postmaster General.casc Passed Upon
Washington. D. ca novel and iE-
portant decision. covering subject mat.
ter not heretofore passed upon by
courts Of lew. was handed down by the
Supreme Court in the case OF j. II.
Kelly and the American School OF Mag
retic Healing. Of Nevada. No.. against
]. NJ. Mc!Annulty. postmaster ut that
place. to prevent the latter from exc
cutting the fraud order" issued by tic
Postoffice Department agains; the de.
livery of mail to that institution. The
opinion was delivered by Justice Peck
ham.
The effect Of the decision upon the at
titude Of the Department In the matter
of protecting the mails from fraudu-
lent use Is revolutionary. rs II practi-
cally declares the broad principle "for
the public good" to be imperative
where the fraudulent character of the
scheme Is a matter Of opinion and not
Of fact, and then It lays down the prin-
clple that the efficacy or effect Of GER
tain medical or healing treatment is
purely q matter Of opinion and not Of
fact, and clearly outside Of the powers
Of the Postmaster-General to deter
mine. The right of the courts 10. re-
View the actions Of tine executive de.
partments In such matters Is also es'
tablished by the decision overturnins
the present practice.
The opinion Is Of more than ordinary
interest because OF its bearing OH the
doctrine and practice Of Christian Sci.
ence healing. which Is on trial In sew.
eral States under the laws against NAL
practice. While the decision does not
refer to the Christian Science School
by name. It does go into the question
Of mental healing and also takes up tie
questions Of treatment by electricity.
vaccination, homeopathy and even
the regular school"
The case was one Of the most no.
:o.ious fraud orders passed upon by the
Postoffice Department. The American
School Of Magnetic Healing was con-
ducting IN extensive business upon the
'absent treatment" plan, pretending.
upon payment Of certain fees. to heal
disease at distance by mental process.
After an Investigation by inspectors.
the PostmastereG General issued an or.
der declaring the business a fraudulent
one. denied the concern the use OF the
mails on that ground. and directed the
return Of eli mail matter addressed to
the school.
Kelly, Its general manger and Secre-
tary, brought action In the United
States Court for the Western District
of Missouri for an injunction to re-
strain the execution Of the Depart.
ment' sorder, and when that court de.
MED his petition he appealed to the
Supreme Court on the grounds. among
others, that the law under which the
Postmaster General had acted was un.
constitutional. because It deprived him
kelly, Of property without due pro.
cess Of law, and made the postmasters
and Postmaster General the sole judges
of their own cases. Without passing
on the constitutional questions raised.
the court reversed the decision OF the
lower court and directed 1t to hear evi.
dence upon the legitimacy Of the busi.
ness conducted by the school.
While the legal officers Of the Post.
office Department are greatly surprised
at the opinion. they consider the case
stin unsettled. The court. from their
standpoint, did not pass upon the main
question upon which Kelly took an ap-
peal, namely. the constitutionality OF
the act under which the Postmaster.
General proceeded. Then. too. they
point out. the court did not pass ON tho
merits Of the case. that being referred
back to the lower court.
The Postoffice officials are appre-
hensive that under the decision they
viii be unable to In the future pro
ceed against the bond Investment and
get-rich-quick associations. as on the
same basis It would be difficult to prove
rs q matter Of fact and not OF opinion
that they were Of fraudulent intent