The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-03-02
SCIENTISTS ANSWER
OBJECTIONS RAISED
TO THE BARNES BILL
Protests Against Passage Of the
Measure Are Answered; Justice
Is All They Ask; New York
Court Decision Cited.

municatlon from Mr.. r. n. Schwentker
In answer to protests made by Albu-
querque ministers and Others against
the passage OF house bill No. 2s3. in
%troduced by Representative Barnes ~
B%crnaiillo county. Inasmuch as "a
wrong impression seems to prevail as
to the object OF the bill we gladly give
space to this communication In order
that the people may have the proper
understanding OF the matter. Thu
communication follows;
Santa Re, New Mexico.
February 2s. 1917.
Editor. Evening Herald:
House Bill No. 2S3. introduced by
Judge Barnes. h not "A bill to lcgaiize
Christian Science practice. as your
paper has enormously stated. and as
the ministers OF Albuquerque seem to
think. At least one would 80 Judge by
the article you featured in Thursdays
issue. Judge Barnes bill reads In
full;
The laws of this state which reg
ulate the practice OF medicine and
surgery shall not be construed To af-
feet or limit in any way the practice
Of the religious tenet of any church
In the minisiration to the sick or suf-
ferlng by mental or spiritual means"
only "a prejudiced or distorted mind
would construe this TO be "legalizing
Christian Science heaiers' or class
legislation In favor Of a single church,
az the ministers contend. The law u
the state Of New York contains the
same provision and similar clauses APP
I ..u. la slag "a az ~ WnaNA.uaAa
I other states. ldentically the same
clause is included in President Taft's
executive order regulating the prac-
tice OF medicine In the canal zone.
such a provision is not necessary
excepting In those states where the
practice OF medicine is 80 defined az
IL now is in this state-as to make
prayer for ;hc sick c crime.
This particular clause was selected
as It has been interpreted and upheld
by the court of appeals Of the state
If Kew York in the cese of people -.
Cole. In this case Mr.. Cole, IA Chris
tan Scientist. was accused Of practic-
ing mcdicln, without a license on evi-
dence furnished by a female detective
who was employed by the New York
County Medical society to go to Mr..
Coles office ia the guise of a patient.
The lower court decided against Mr..
cole. who then appealed To the high
est court in the state of New York.
which reversed the lower courts de-
cision.
The fun text Of the decision is too
lengthy to quote here; but following
ARE some pertinent excerpts which re-
flute the charges made 10y the minis
ters.
IL was conceded on the trial that
Christian Science is "A religion based
upon the scriptures and founded by
Mary Baker Eddy in 1866, and that
the church has about a million mem
bcrs."
Further on, IN referring to the def
milton of the practice OF medicine,
the decision continues:
"rhc exception concededly refers
20 the words in Section l73 Of the
public health law a. follows; THIS ar
ticlc shall not be construed to aneci
% the practice Of the religious
tenets of any church The exception
includes every person IN the practice
OF the religious tenets of any church.
and II Is not in any way In c"nilict
with the federal or state constitution
1Thc ministers OF Albuquerque "a
the contrary notwithstanding.D
The decision continues.
THE language quoted from said
Section IA Is not in any sense an az
urnntN, ,tr.nsc o o The cx.
ccption relates 20 the i2nyts If the
church as an org ICED body 80 Ills.
tiuguishcd from an individual. Il
does not relate TO OF except persona
practicluE in accordance with ina
Vidual belief
1T may no said that II the cXccp
tion IL SO construed II viii lead u
numberlcss persons assuming Ia cur
disease iu the name OF 4 church tul
the purpose Of thereby maintaining
business and securing a LIVELIHOOD
, Tho religious toncts of a church mus
be practiccd In good faith 90 CONT
within the exception. when sucl
practice Is % fraud or p%retense IL d
not excepted from the general pro
hib!tiuu." Decision lower court re
Versed etc.
Chier Justice Bartlett added IN
following memoranda
81 concur IN Judge Chasc's con
4, structinn OF the statute. But | woul'
go farther. I deny the power of IN
, Legislature to make 1t a crime TO troa
. disease by prayer
From the above II will Oe elearl'
p seen that an the objections rogistere'
arninst Judge Barnos' bill are base
on a miscunecption as to It's ohJeo
and meanings.
Christian Scientists do not dcst'
) ony special legislation In their behalf
all they ask II that the present med
lIcal law. which makes prayer for IN
\ sick a crime. be corrected
: Respectfully,
a f. q. sCHWENTkER,