Arizona republican., 1903-10-18
A. Common Sense Verdict.

In a Christian Science" case ap- pealed from the lower courts, the New York court of appeals has just handed down decision which will be accept ed as authority in all the states and territories where common sense pre- vails. Legislatures during recent years have passed statutes in several states and in some of the territories making it crime or misdemeanor for parents or guardians to fail to provide chill dren with medical attention during ser iouS illness. Some of the more zeal ous followers of the Christian Science cult insist that this is an invasion Of personal liberty. They cite the censtitu- ticnal guaranties of religious liberty, and claim that statutes of this charac ter interfere with religious practices and beliefs. The New York court de- cides. in effect, that statutes of the na ture complained of are valid and must be upheld.
 The case in point was The People vs. Pierson, appealed from White Plains. Early in 1901, Pierson was con victed and sentenced to pay fine of $500 or undergo imprisonment for 800 days. for criminally neglecting to pro- vide a licensed physician to attend his 16-months- adopted daughter in case of bronchial pneumonia which af- terward proved fatal. The penal code under which the conviction was ob- tained holds that "a person who omits without lawful excuse. to perform duty of law, imposed upon him, to fur nish food, clothing, shelter. or medical attendance to a minor is guilty etc. In it's opinion written by Judge Haight. the court of appeals says:
 Tt would seem that the legislative intent is reasonably clear although, possibly more precise language could have beenf employed. The section of the code under which the indictment was found conteriplates that there are persons upon whom the law casts a du- ty of caring for minors.
 Ne are aware that there are people who believe that the divine power may be invoked to heal the sick and faith is all that is required. There are oth- CTS who believe that the Creator has supplied the earth. natures Storehouse. with everything that mar may want for his support and maintenance. in- cluding the restoration and preserva- tion of his health. and that he is left to work out his own salvation under fixed natural laws.
 There are still others who believe Christianity and science go hand and hand, both proceeding iron. the Crea- tor; that science is but the agent of the Almighty through which He ac- complishes results and that both science and divine power may be in voked together to restore diseased and suffering humanity.
 But sitting as court of law for the purpose of construing and deter mining the meaning of statutes. we have nothing to do with variances in religious belief, and have no power to determine which is correct.
 We place no Limitations upon the power Of the mind over the body, the power of faith to dispel disease. CT the power of the Supreme Being to heal tho sick. We merely declare the law is given us by the legislature. We find no error on the part of the trial court
 In Phoenix last winter there was . similar case of negligence. although there was no prosecution. A child died of diptheria, clearly because it's parents held that the little sufferer did not need medical attention, and so refus- ec to call in a physician. There is a broader ground upon which the New York court might have affirmed the case in question. The best medical au- thorities now contend that pneumonia is & contagious disease, and it is ob- vious that the public interest must be paramount in all cases of possible con- tagion.
 ho T:lI~~,- Na.1;,<