The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-14
YHE LAW ON FAITH HEALERS
,,rBSON'S GUILT AFFIRMED BY
COURT OF APPEALS.

,..der stctson and the Quimby Family,
christian scientists. Also Indicted.
MAY Now He TrIcd--Decision . Jolt
in the Jaw, Says X.science Counsel
A,pANY, Oct. IA decision which Ia
,irtuallv opposed to faith healing to the
.,clusion of regularly admitted physicians
~,s handed down to-day in the Court Of
Inneals. The decision was in the case Of
tbe people against j, Luther Pierson Of
White Plains
The trial court found PiGrson guilty Of
rsglec,ing his sixteen months-old adopted
daughter in not calling physician to treat
her for catarrhal pneumonia, which re-
suited in her death. Pierson was convicted
ofyiolating Section 2ss of the Penal Code by
emitting, without lawful excuse, to perform
A duty imposed upon him by law, the fur
nishng Of medical attendance for the child.
The girl contracted whooping cough in
January. 1901. which developed into pneu-
monia She died on Feb. 20 following.
Person and his wife belong to the
christian Catholic Church." Of which
John Alexander Dowie is the General
Overseer," and a cardinal principle Of their
faith is the avoidance Of drugs.
In accordance with this faith, they failed
10 provide physician or medicines for the
child. Person was found guilty of neg
Letting the child and sentenced by Judge
Smith Lent on May % to pay fine Of $500
or spend day in Jail for every dollar Of
the fine not paid. The Appellate Division
reversed the judgment and the State ap-
pesled
The Penal Code makes il a misdemeanor
10 omit, without lawful excuse, to perform
duty by law imposed to furnish food,
clothing, shelter or medical attendance to
minor.
The defence argued that the law did not
require the Use of medicine; that a great
body of the people had lost faith in doctors;
that medicine was not an exact science;
that doctors disagreed among themselves
as 10 methods Of treatment; that the State
must prove that medical attendance would
in this particular case have been bene-
fetal.
In its opinion, written by Judge Haight,
the Court of Appeals says:
We are thus brought TO a consideration Of
whit is meant by the term medical attend
ance Does it mean n regularly licensed
physician. or may some other person render
medical science was laid by Hippocrates in
Greece 800 wears before the Chr istinn era.
tons were further developed and taught in
the schools OF AleXandr ia and Salerno, and
have come down TO us through all the inter
made but little advance in northern Europe
for many years thereafter-practically none
until the dawn of the eighteenth century
After the adoption of Christianity by Rome
and the conversion OF the greater part Of
Europe. there commenced growth Of legends
of miracles connected with the lives of great
men who became benetactorS OF humanity.
Some Of these nave peen canonized by the
Church. and are to-day looked upon by a
large portion of the Christian world as saints
jor H ;'D OF mi miracles recorded had reference
10 the healing of the sick through divine inter.
venlon, and SO extensively was this belief
rooted in the minds OF the people that for
thousand years or more it was considered
dishonorable to practise physc OF, surgery,
At the lateran Council Of the Church held
at the beginning OF the thirteenth century.
physicians were forbidden. under pain OF
expulsion from the Church., to undertake
medical treatment without calling in priest,
Plus Y. renewed the command of Pope limo
cent by enforcing the penalties.
The curing by miracles or by interposition
tan Europe during the entire period OF the
Middle Ages. and was the mode of treating
power 70 heal Vas not cont ned to the Cath oiios
alone. but was also in later years. invoked
BY. .Protestants and by rulers;
beth. the Stuarts. James l; and Charles l.
all possessed the power to cure epilepsy.
scrofula and other diseases known as the
evidence that Charles H.. the most thorough
debauchee who ever sat on the English throne,
possessed this miraculous gilt in q marked
degree and that for the purpose of erect.ng
cures he touched nearly hundred thousand
persons.
were made in medicines and surgery. which
effected great change in public e. sentiment;
a these haze been and
pounds These discoveries have resulted
In tn. esta bishment Of schools for expert.
Hsa ana b h shese Mho
have chosen. the practice OF med cine for
their pToesSon Ih1se seh9Gs and eoeEes
sHe .sncs Il hss 70 be
nized in the law OF our land.
By the middle of the eighteenth century
the custom of calling. upon, practitioners Of
quite general in ngland. France and Ger
many. and. indeed. to considerable extent
throughout Europe and in this country.
From that time the practice, among the Geo-
pie Of en- Rng physicians has continued to
Increase until It has come to be regarded as
0 duty devolving upon persons having tho
in case Of serious illness.
Formerly no license or certificate was re-
qnired Of u .person who undertook the prac-
tie Of medicine. 4 certificate or diploma
Of an Incorporated medical college WAS
looked upon BY the public as furnishing the
necessary qualification for person to en-
gage in the practice of such profession. The
result was that many persons engaged IN the
practice of medicine who had acquired TO
scientific knowledg" with reference, to the
character of diseases or OF the ingredients Of
drugs that they administered, some or whom
imposed upon the public by purchasing
diplomas from fraudulent concerns and ad-
vertising them as real. This resulted In, the
adoption Of several statutes upon the subject.
The provision OF the Penal Code under
Consideration was first adopted IN 1881. FOL
lowing the statute OF 1850 prohibiting the
practice Of medicines by other than ply
scian duly qualified in accordance with the
provisions of the act. This. We think. Is
significant The Legislature first limits the
night TO practise medicine to those who have
been licensed and registered. or have re-,
celved diploma from some incorporated
college cCnferring upon them the degree OF
doctor OF medicine: and then the following
year II "naCts the provision Of the Penal Code
procurement OF medical attendance under tho
Circumstances to which we have called at
tenion
We think, therefore. that the medical at
,.endanGe required by the Code IL the all-
thorized medical attendance prescribed by
N" statute. and this view Is strengthened
from the fact that the third subdivision OF
WIS section OF the Code requires nurses TO
report certain conditions Of infants under
tNO weeks OF age TO legally quaiihed
hlage where such child y being cared for,
mus particularly specifying the KIND OF
practitioner recognized by the statute as
medical attendant.