Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1905-04-23
MISREPRESENTATION SCIENCE

Less than the usual number of bull:
having f ,r their object the suppression
of Christian Science practice, havs
been introduced in the Sta'e j, gisla.
tures this year, and CT this numb only
the one introduced in Nebraska has
been passed, bat even in that State the
measure has failed TO become law, be.
cause Of the governor veto.
The full text of Governor Mickey e
veto message is as follows
To the Members Of the House of Rep
resentatives.
GENTLEMEN:-In relation to the
house roll No. 1865: The purpose OF
this act is TO make the practice OF
Christian Science healing unlawful
and to punish practitioners, unless
they educate themselves in materia
medics, therapeutics, surgery, and
other branches of the secular medical
profession. To accomplish this pur-
pose change in the existing statutes
is essential, as there is no law now in
force forbidding the practice of Chris
tian Science. Such change in legis-
lation can lawfully be made only by
amendment of the statutes in force or
by the passage of an Independent act
Both of these methods are ignored IN
house roll No. 16J.
Considered as an amandatory act,
the bill violates the constitutional pro-
vision that 'Sno law shall be amended
unless the new act contain the section
or sections so amended and the section
or sections so amended shall be re-
pealed." There is no attempt.in house
roll No. 1865 to set out the old section
or to repeal it, and the bill, as an
amendment of an existing law, would
be unc constitutional if approved.
The bill is not an independent act in
any sense. II could only be effective,
if valid. when considered in conneC-
ton with the statute now in force regn-
lating the practice of medicine. 1t
does not purport to be an independent
acF, for its OILY possible effect, if it
could be made operative, would be to
extend the scope of section of an ex-
listing statute SO as to make the prac-
tice of Christian Science unlawful
bus even if the act were conceded to
be independent, in such a sense that
it could amend other statutes without
referring to or repeating them, it
would still conflict with the constitu-
ton. The purport of both the title
and the bill itself is to prescribe the
effect to be given to an existing stat
ute. In other words, the bill, if con-
sidered as an Independent act, is bill
to construe and give effect to the en-
actment of former legislature. The
constitution divides the power of gov.
ernment into three departments, and
forbids each to exercise the functions
of another. 1t is function of the
courts to construe and give effect to
statutes, and this power cannot be ex-
ercised by the legislature.
Again, the enabling act passed by
Congress, authorizing the formation
and adoption of "a constitution for the
State OF Nebraska, expressly demands
that SAID constitution shall provide, by
an article forever irrevocable, without
the consent of the Congress of the
United States, "that perfect federation
of religious sentiment shall be secured
and no inhRbitant of said State shall
ever be moIested in person or property
on account of his or her mode OF re-
ligious worship" In pursuance of
this mandatory requirement the con-
stitation of the State of Nebraska de-
clares that Gall persons have natural
and indefeasible right to worship al
mighty God according to the dictates
of their own consciencee, and further
adde, "nor shall any interference with
the rights of conscience be permitted.
In the Christian Science religion the
ideas of worship and of divine healing
are so intermingled that it is impossi-
BILE to draw the line of demarcation,
and hence interference with the one or
the other is an interference with
"the rights of conscience" and
thus becomes an infringement of the
constitutional guaranty of religious
freedom. Considered in any light,
the bill conflicts with the constitution.
The measure is also open to the OBJ
lection that it is class legislation.
Practitioners of osteopathy are spe.
officially excepted from burdens i'm
posed upon those who practice Chris
tan Science healing.
Without in any degree Jeff 9ct1ng
upon the the motives of the Legislature,
it difficult, too, to avoid the conclusion
that the bill was conceived in q spirit
of professional intolerance. AS origi-
nally introduced, the measure bore
upon osteopaths with the same
rigor that it does upon Christian
Scients, and 1t is recalled that
hon oe )pathF, eclectice, and other
now wellrecognized schools OF healing,
as we'll as osteopaths, have had to fight
their way to existence over legal bar
riers raised by their professional breth-
rem who happened to be within the
pale of the law, the suspicion may be
pardonable that there is more at issue
than a consuming zeal for the pub
lie health.
These are some of the reasons which
lmpel me to return house roll No.. 165
to your honorable body withoutimy APP
prova', JOHN 81. MICKEY,
Governor.
A noticeable feature of all these at
tempts to secure legislation against
Christian Scientists has been the entire
absence of any popular demand for
such Legislation, and as Governor