The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-11-20
Credulity and Fraud.


| T. y has been given by the su-
preme court OF the United
States in the case of the American
School of Magnetic Healing, Of Nevada.
Mo-, against the postmaster OF Nevada,
| to prevent the latter from executing
| a fraud order issued against 1t by the
postofflce department
The facts were that the member OF
| this institution who was alone sup
posed to have the power of healing dis
ease by the absent treatment process
was not living at Nevada, as the liter
ature of the school implied, but was
| residing at Manitou Springs, Col, and
the so-called healing instructions sent
through the mails to purchasers were
not sent by him but by a corps of S4
typewrters. Upon this basis of pre-
sunable imposition the postoffice au
thorities seized $4,000 letters addressed
to the school, stopped the stream of
$1,000 which was daily pouring into the
Nevada postoffice and tried to protect
the many credulous persons who were
parting with their money with scant
prospect OF getting any other equivalent
than experience. Resistance in court,
to the departments action brought the
whole matter before the Supreme court,
which. in an opinion ,by Mr.. Justice
Peckham, holds that the postal author
tiles have no legal right to stop the
mails Of any person or institution on
fraud order concerning whose business
the allegation of fraudulency rests not
on fact but upon opinion. Says the
learned justice:
Just to what extent the mental condi-
ton affects the body no one can accur-
ately and definitely say. One person may
believe it of far greater efficacy than
another. but surely it cannot be said
that it is a fraud for one person to
contend that the mind has an effect upon
the body and its physical condition
greater even than a vast majority of in
telligent people might be willing to adj
NIT or believe. Even intelligent people
may. and, indeed do. differ among
themselves as to the extent of this men,
tai effect. Because the cumplainants
might or did claim to be able to effect
cures by reason of working upon and
affecting the mental powers of the in
diVidual, and directing them toward the
accomplishment of q cure of the disease
under which he might be suffering. who
can say that it is a fraud or II false pre-
tence 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 pretences? The bill
in this case AYERS that those who have
business with the complainant are salts
fled with their method of treatment and
are entirely willing that the money they
sent shoula be delivered to the complain
faith in the efficacy of the cOmpainants'
treatment and in their ability to heal as
claimed by them If they fail. the an
SWer might be that all human means
of treatment are also liable to fail, and
will necessarily fail when the appointed
time arrives. There is no claim that the
treatment by the complainants will al
ways succeed. AS the effectiveness of
almost any particular method of treat
ment of disease is, to a more or less
extent, a fruitful source of difference of
opinion. even though the great majority
may be of one way of thinking. the
efficacy of any special method is certain
" not Il matter for the decision of the
postmaster general within these statutes
relative to fraud. Unless the question
may be reduced to one of fact, as dis
tinguished from mere opinion. We think
these statutes cannot be invoked for
the purpose of stopping the delivery of
mail matter.
Having the assent of the highest
court, although, as a matter of fact,
Justices White and McKenna dissented, |
this must be assumed to be the law. |
But it is, we think, a very unfortunate
law, the practical effect of which will
be to aid materially in the robbery Of
the credulous by sharpers who are NOR
ally less entitled to the use and facility
of the mails than the green goods dealer
or the gold brick swindler. The logic
of this opinion. especially in view of
the Christian Science manner as haV- |
ing no existence other than by imagin- |
alton, would speedily destroy all safe
guards of the mails, since the question
OF fraud must always be to some de-
gree Il matter OF opinion, even the eX-
istence of Il fact in evidence being nee
essarily matter of opinion.
1t is to be hoped that congress will |
soon take up the question of the post |
master generals authority to regulate |
the mails and enact a clearly defined |
series of provisions which shall leave |
this important matter in rs little doubt |
as possible. This is decidedly desirable |
from many standpoints.
-
And now Holt Collier must feel very |
much like ward politician who failed |
to deliver the goods on election day