The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1916-11-17

have quoted tnat person practices
medicine when he "holds himself out
as being able to diagnose. treat, oper-
ate or prescribe for any human dis
ease, pain. injury. deformitv. or physi-
cal condition. and who shall either
offer or undertake. by any means or
method. to diagnose. treat, operate, or
prescribe for any human d ase pain,
injury, defOrmity or physical condi-
ton"
The language of the statute is very
general. II bears evidence in itself
that the words we're S,ssen for the
express purpose of pr6hiNing, except
upon registration and . authorization
of the practitioner, as by the statute
provided, every means and method
that could thereafter 3, be used or
claimed to be used TO relieve or cure
disease and infirmity by' any person
individually. or as a representative Of
school, religious body or otheri or
ganiZation. .st
1t does not appear that +Re defend
ant attempted TO diagnose the diseases
which the investigator stated to him
that she had; he, not only IN sub
stance denied thNt she had any disease,
but asserted that they rested in her
| Imagination or werh mere evidence Of
| a lack OF true relation to her God
There was 10 inc,-iry on his part into
/ the symptoms y en- TIE investigator
clai,eaG tha+ eta - as indicating the
! diseases. here IS no laying on Of
| hands. marion ssion. massage or out
ward ceremonial His direction to her
10 remove Ter glasses and take off a
porous pla~ger which she asserted she
lad anon H7r back wee, as also as
~erte1 - m sir, " to bring about
compl-'" .cnce ar FER mon the
powcr and ii'ingness Of Cod to heal
her disc Sc Such directions were
not, he asser-s, intended as a pre-
scription or rs advice. ~ was a test
of her faith. Fle, however, testified
that prayer was synonym fer treat
ment He habitually termed his in
terposition by prayer a treatment. and
such il would seem 10 have teen N
the ordinary me2nlrg of ne word. He
had q place waese c.DasitioG by
prayer to Coi c1ult ae soas lt through
him at Hr cirhtr 2. cc'lpensa-
ton ~ . ec 1. lie as
serts Aat Motc j. position with
God by pra.5er to taee away disease
or what he alleges to be wrong rela-
tionships between persons having dis
eases and 'teir Sod. HIS interposition
with Gcd B. exclaimed by him. requir-
ed Div'ep q IA; the inharmony
be ing and the per-
son = lev of dis
ca, - sFt be adjust
ed. - feo ae. ndant as a
practi.; .e y seep ID have been
to handlo T. ID n Of these that came
to him Asl,.s sh5l lis with a view 70
obtaining Divine cure. Such inter
position urder s8ch circumstances
was, in the iangua ge of the defendant
himself treatment"
We ere Of the opinion that the de
fendant did treat the Investigator by
"any (some) means or method,' as
the word is used in the general pro
hibitiCn contained in the statute.
The general and comprehensive def
milton of a person who practices medi
cine has an express exception. The
descriptive words are preceded by the
phrase except as hereinafter stated.
The exception copced oily refers tC
the words in section lt3 of TIE Public
Health Law as follows: "TlSs article
shall not he construed to affect F..
the practice Of the religions .tenets o
any church." The exception include!
every person IN the practice of the re
ligiOus tenets OF any church and it i!
) not in any way in conflict with th'
federal or state constitution. The
language quoted from said section Il;
is not in any sense an affirmative
I license. 1t is. we repeat. an exception
G to the general prohibition. Whethe
the practice Of the religious tenet
of any church should have been ex
cepted from the general prohibition
= against the practice Of med cine un
less the practitioner is registered an'
" authorized so to DO. or whether III
J exception should be continued therein
[ is a question for the Legislature aa'
not for the courts. The purpose o
, the general statute Is 70 protect cit
e zens and others of the state from bein
y treated IN their physical ailments an
7 diseases by persons who have not ade
Z quate or proper training. education o
q qualifications TO treat them.
5 The tenets of a church are the bt
L liefs, doctrines and cre01s of tn
u church. The exception relates to III
tenets of the church as an organize
4 body as disting lished from ar ina
e vidual. II does not relate TO or e.
r cept persons pracacing in accordanc
'i with individual beiift
D. 1t appears from The record that
II is tenet of thel Christina Scienc
u church that riayc: to God vii resul
In complete ere OF pa 'cGlar di.
Y eases IN q prc criacd. inl.yidgal cas-
lel Healing wou'1 sc0p e. Sc 80. ~.
C. tho prominent worAof nc church az
it's members. BIT the ono distinctit
II belief arou which ihe church organ
ID zation is foaacea and,sgs.ained.
" Il is claimed that tra church e.
at tends its influence @uaf reds nov
D. edge of its powe- by pta = y demo.
L. stration on the part / its siEces
y practitioners in secI~ias re cr0
u throw OF m19el. m,-i;al 'and D
20 disease. Il d.s.'-.rs aty iae
in upon skill. edsca Cn or ic "e.
ID view OF the TENTS ol IT,. C.>rl st.e
ie Science church the eSccD-tn 10 tn
IN prohibition In the statute * uraos
r than the provision CT the C3i, 80. 10
Of of this state which we have quote
Il and which permits the free 'evercis
! and enjoyment of religious prcfesslo
10 and worship without discriminate
or preference.