The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1916-11-17
FULL TEXT IN @
DECISION IN
COLE CASE
4 Deny the Power Of the LEG stature
to Make 1t Crime TO Tseat Disease
by Prayer."-Chief Judge BARTLETT.
Christian SGi3lCs FIaltica Fully
g.Edioatod.

ALBANY, y. Y,The Official text of
he decision; Of the New York court of
appeals OF Oct. ., reversing the lower
court judgr.tlt against Willis V. Cole,
a Christian .ciCEce practitioner, con
yicted OF ps,etloing medicine without
lawful authol alton and registration" >"
became ava !e for papiicati0n today
5amuc' ) aer and Henry D. Esta-
brook were tered rs counsel for Mr.
Cole = bile interests OF the state
we're ie9tei ter by Edward Swami,
district attoTI C2obert c. Taylor of
eounseD. re decision was written
~ Judge hory y Chase of Catskill,
and was is Flows:
The People of tie State Of New York,
Respondent v Willis Vernon Cole,
Appellant
[Appeal from Judgment of the ap-
pellate division OF the supreme court
in the FIST judicial daDartnent. en-
tered July 10, 1914, affirming a judg-
ment of the Nv York county trial
Term (criminairranch) convicting the
defendant Of the crime of pre- cticing g
medicine without lawful authorization
and registration.
on Feb. IS, 1911. on an application
therefor by the New York Courty
Medical Society. warrant was oD
tanned against the defendant charg
ing him with practising medicine as
defined by section 100 of the Public
Health Law of the state of New York
without being duly licensed therefor
| People V. Cole. % ~ Y. Grim. Rep
, 350.) On March 21. 1911, he was in
iicted by grand jury Of the county
of New York. The indictment charges
him with the crime of practicing medi
cine without lawful authorization and
registration and alleges that such un
lawful practicing of medicine occurred
on the 18th day of January, 1911, and
continually thereafter to and xipClud
ing the 2Sth day of January, 19N The
defendant was tried on such indict
ment in the New York supreme court
criminal term, but The Jury failed tC
agree and was discharged Another
trial was had In the same court and
resulted in a verdict of guilty and a
judgment was accordingly entered
against the defendant on the 30th day
of March. 1912 He appealed from
such judgment to the appellate divi
sion where ii was affirmed by di
vided court. (Peeple V. Cole, 163 App
Div. 1921 appeal was then taker
from such Judgment OF affirmance tC
this court.
Practicing medicine when unaccom
panied by acts that are in themselves
evil. vicious and criminal, is not {
crime at common law Practicinf
medicine is not nahum IN Sc II is i'm
portant in the interest 80 pallic healti
and public welfare thai person holt,
ing himself out rs physician OIL
healer of disc So. should have the
education. trimming. skill and knSwl
; edge adequate for such purposes
Statutes designed to protect public
health and general welfare by regulay
ing the practice OF medicine, have beeI
enacted from time To time in som,
part or all OF the territory constitut
ing this state since 1850.
When person is charged with prac
,icing medicine without a license. ii il
necessary To examine the acts of tn,
; Legislature to ascertain whether tn,
acts complained of are in violation o
The statute law.
The Public Health Law ICONS Laws
Ch. f5) of this state provides. and die
provide at all the times mentioned il
The indictments. that "No person shall
. practice medicine unless registere,
and legally authorized prior 10 Sept.
1891. or unless licensed by the regent
and registered under article of chap
) ter Col OF the laws of 1898 and act
) lamendatory thereto. or unless license,
by the regents and registered as re
: guired b. this article. - (Publi
: Health Law. Sec. 1917 The practic
) Of medicine Is defined as follows. I
{ person practices medicine within tn
meaning OF this article. except as here
: linafter stated. who holds himself on
IS being able TO diagnose. treat OF
crate or prescribe for any human dis
9 Ease. pain. injury. deformity or phys
+. cal CONDITION. and who shall eithe
Ter or undertake. by any means o
method. to diagnose. treat. operate o
rescrihe for any human disease. pair
: injury. deformity or physical cond
ion" Cpuhlic Health Law. 16C
Z saha. -
4 The statute also provides: This II
tiCle SHALL not De construed TO a1ec
tne 49,. t.ee of the relisiou
tenets of anv church !" (Pul
,s .ic Health I-aw. S 173D
u Our constitution provides: The fre
. exercis0 laf enjoyment Of religion
professi-~ and worship. without di.
crim'nsa.-n or preference. shah 10
ever 2 lowed in this state TO q
mon bur the liberty 4
consc,e ce hereby secured shall not b
80 construed as TO excuse acts OF
centioCs2ess. or justify practices IL
consistent with the peace or safety {