The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-18
Postal Privileges Restored 20 the
American school OF Magnetic Heal
ing at Nevada, Mo.
JUSTICE PECKHAM'S OPINION
CLAIM OF ABILITY TO CURE NOT AN
EVIDENCE OF FRAUD.
Action of the General
Should Have Been Based on Proof
of Violation of Statutes.

WASHINGTON, Nov. Injustice Peck
ham, of the Supreme Court of the United
States, to-day delivered the opinion of the
court In the case of the American School
of Magnetic Healing vs.. j. NJ. McAnnulty,
the latter being postmaster at Nevada.
Mo-, where the school is located The pro-
ceeding grew out OF a fraud order issued
by the Postofice Department. prohibiting
the postmaster from delivering mail TO the
school. The original bill asked for an in
junction to prohibit the postmaster from
obeying this order. On trial in the United
States Circuit Court for the Western dis
trict of Missouri the departments order
was sustained on a demurrer. To-day's
opinion reversed that Judgment. but in de-
livering il Justice Peckham said there was
no intention of passing upon the various
constitutional objections set out in the bill,
the intention of the court being to simply
hold that the admitted facts show no vio-
lation of the statutes cited, but an errone-
Gus order given by the postmaster general
to the defendant which the courts have
power TO grant relief against"
The action of the court was accompanied
with Instructions to the lower court to
''overrule the defendants demurrer to the
amended bill, with leave to answer and TO
grant a temporary injunction as applied
for by complainants." The opinion added:
In overruling the demurrer we do not
mean to preclude the defendant from show
ing on the trial IL he can that the business
Of c~omplainants as in fact conducted
amounts TO a violation of the statutes"
Justices White and Mckenna did not con-
cur in the opinion.
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: lone person
may believe IL OF greater efficacy than an
other, but surely IL ann be said that IL
Is a fraud for one person TO contend that
the mind mas an effect upon the body and
its physical condition greater than even a
vast majority of intelligent people might be
willing to admit or believe. Even intelli-
gent people may and do differ among
themselves as to the extent of this mental
effect. Because the cornplainants might or
did claim 10 be able TO effect cures by rea-
son of working upon and affecting the
mental powers of the individual and direct
ing 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 pretelse or promise within the
meaning of the statutes? How can any
one lay down the limit and say beyond
that there are fraud and false pretenses?
The claim of the ability TO cure may be
vastly greater than most men would be
ready TO admit. and yet those who might
utiy the existence or virtue OF the remedy
would only differ in opinion from those
who assert IL. There is no exact standard
of absolute truth by which TO prove the as
sertion false and a fraud"
Later on Justice Peckham said: Sup
pose a person should assert that by the use
of electricity alone he could treat diseases
as eficaciously as the same heretofore have
been treated by regular physicians.
Would these statutes justify the postmas-
ter general, upon evidence satisfactory TO
him, to adjudge such claim to be without
foundation, and then pronounce the person
so claiming TO be guilty of procuring by
false or fraudulent preteDses the moneys
of people sending him money through
mails. and then TO prohibit the delivery OF
any letters to him?'
The opinion says that many people do not
believe in vaccination and i'm homeopathy,
and asks whether on this account vaccina-
ton is TO be prohibited and whether home
opathic physicians are subject to be pro-
ceeded against by the postmaster general.
Justice Peckham concludes that the stat
utes under which the postmaster general
proceeded in this case were mot intended
to cover any case OF what the postmaster
general might think TO be false opinions,
but only cases OF actual fraud i'm fact, in
regard TO which opinion forms no basis"