The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-18
FAITH-HEALING AND LAW.
A New York Court Finds Legal Limi-
tations.
Brooklyn Eagle.

Brooklyn Eagle.
Nearly three years ago one j. Luther
Pierson, resident of White Plains, was
fined $500, with the alternative OF 800 days
in Jail, for criminal neglect. He had refused
to furnish medical attendance in the case OF
his infant child, VINO was graVely Ill or
pneumonia. Being a Christian Scientist, or
faith curer, he did not believe in doctors
He trusted entirely to the efficacy of pray
er. The child died. PierSOn was prosecuted
under that section of the penal code which
says that a charge of criminal neglect may
be sustained against any person who omits
without lawful excuse to perform a duty by
law imposed upon him. TO furnish food
clothing, shelter or medical attendance to q
minor" The jury returned a verdict of
guilty. This verdict reversed by the
Appellate division, which stretched the term
medical attendance" to cover more than
the trainers of the statute intended that il
should. In other words, the Appellate divi-
sion held as gultless those parents who per-
NIT sick children To battle against disease
unaided by the resources of medical science.
The Court of Appeals has now, in turn. re-
versed the Appellate division and Pierson
must either pay his fine or go To Jail. His
conviction by the trial court is affirmed be-
yond a shadow of doubt.
The Court of Appeals speaks through
Judge Albert Haight, OF Buffalo. Judge
Haight clearly recognizes the right of Chris
tian Scientists to believe what they please
regarding the supreme value OF prayer and
of faith in divine Intervention in all cases
of human malady; but he is equally clear in
emphasizing the fact that they may not ap-
ply InelT 10 lilt
struction of minors placed under their con-
troll. THE section of the code under which
the indictment was found" says Judge
Haight "contemplates that there are per-
sons upon whom the law casts duty of
caring for minors" Here we get back 10 the
Fundamental principle that the law OF New
York State takes no cognizance of religious
preferences or prejudices. Not one section Of
ii may be relaxed TO accommodate Chris
tian Scientists. or any other sect. All must
conform alike TO its provisions. of which all
nd pf Uh MT NTH
the personal liberty of the individual. And
right here we reach or anticipate the scien-
fist proposition that personal liberty is de-
stroyed by the Pierson conviction
The Eagle has quarrel with Christian
Scientists They are as much entitled To
their belief as Catholics. Episcopalians
Methodists, Baptists. Unitarians, Univer-
salists or Seventh Day Adventists are 10
theirs. We are quite sure that the law OF
try To punish a Christian Scientist who pre-
vailed upon his dying wife or adult son or
daughter TO refuse the services of a doctor.
In cases of this sort the law is compelled 10
admit the sick persons freedom OF choice
But the miner is not free agent. More
over ne is not the property OF the parents
He belongs primarily, TO society. The fam
ily interest in him is secondary to that OF
the State. The State Is his legal protector
criminal neglect OF his natural protectors
And the State has Enthusiastically declared
|. that parents are guilty Of neglect that is
criminal when they fail. in seasons OF sick
ness, 10 provide him with the care which
| the State expressly says he must have. BY
| enforcing this declaration the State NEEDLES
| with no mans personal liberty. The Four