The St. Louis Republic., 1902-11-18
United States Supreme Court Over
rules Judge Philips and the
Postmaster General.
NEVADA, NO., SCHOOL INVOLVED
Court Says Fraud Must BE a Fraud
in Fact and Not a Matter of
Opinion of the Postal
Authorities.
The Republic Bureau.

Washington. nov. 1.-THE United States
Supreme Court to-day reversed the judt-
raent OF the Federal Court for the Western
District of Missouri in the case Of the
American School of Magnetic Healing Va
the Postmaster at Nevada. Mo. This case
grew out of fraud order issued by tho
Postmaster General prohibiting the POST
master from delivering letters addressed to
the school. The school applied for an In
junction to prohibit the Postmaster from
obeying the order. The court in Missouri
decided against the school.
The effect OF the Supreme Courts opin-
ion is that the Postu aster General Is not
competent to decide arbitrarily what II a
fraud such as will debar a person from
the use OF the mails. The fraud must be
a fraud in fact and not a matter Of opin-
ion o. the Postmaster General
In this decision the court stated that It
did not mean to decide that the Postmaster
General has not the power to show on trial
that the business of this school Is not, tn
fact. fraudulent: but the record does not
show this to be a fact, but merely that
the fraud order was issued as a dctum by
the Postmaster General.
Reviewing this case, Judge Peckhan.
who delivered the opinion, said:
PECKHAMS OPINION.
zone person may believe the mind OF
greater efficacy in curing disease than an
other does. but surely 1t cannot be said that
1t Is fraud for one person to contend that
the mind has an effect upon the body and
its physical condition greater than even a
vast majority of people are willing to be-
lieve. Even intelligent people do differ
among themselves as to the extent of this
mental effect There Ii no standard OF ab-
solute truth by which such a pretense can
be proven to be e fraud Suppose a person
should assert that by the use OF electricity
alone he could treat diseases as efficacious-
Iy as the same heretofore have been treat
ed by regular physicians? Would the
statutss justify the Postmaster General up
on evidence satisfactory to him to adjudge
such claim to be without foundation. and
then to pronounce the person SO claiming
guilty Of procuring by false or fraudulent
pretenses the money Of people sending him
money through the mails, and then to pro-
hibit the delivery of letters to him?"
The opinion concludes that the statutes
do not intend to cover any case of what
the Postmaster General may think to be
false opinions. but only cases Of actual
fraud. in fact, In regard to which opinion
forms no basis.
The opinion will be far-reachins and its
effect is very greatly to restrict the pow
er of the Postmaster General in the issuance
of fraud orders to debar people from do
ing business through the malls
LOGIC OF ACTION.
The opinion says that many people do
not believe In vaccination, and in homeop-
athy. and asks whether on this account
vaccination is to be prohibited and whether
homeopathic physicians are subject to be
proceeded against by the Postmaster Cen
eral.
The action Of the court was accompanied
with instructions to tho lower court to
"overrule the defendants demurrer to the
amended bill, with leave to answer. and to
grant temporary Injunction a. applied
for by complainants.'
The opinion added:
TN overruling the demurrer We do not
mean to preclude the defendant from show
ing on the trial IL he can that the business
Of the complainants as In fact conducted
amounts to a violation OF the statutes"
Justices White and McKenna did not con-
cur in the opinion
The business done By Professor Weltmer
at Nevada, Mo-, before the Government IN
terfered amounted to half million dollars
a year. and caused the Nevada Post Once
to be raised from the fourth to the first
class. All of the letters received contained
money. Judge Philips. in the United States
District Court IN Kansas City. made the
point that so much mail required all the at
tention of the healers and left no time for
suggestion and concentration of thought ON
the subjects OF their correspondents and
their sufferings.
In April. 1901, weltmer and his partner.
Joseph H. Kelly. were fined 1850 for uS ng
the mails fraudulently.