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State Board of Medical Examiners v. Maxwell, 13 N.J. Misc.

855 (1935)
181 A. 694

Attorneys and Law Firms

13 N.J. Misc. 855
Supreme Court of New Jersey. Robert Peacock, of Mount Holly, for respondent.

STATE BOARD OF MEDICAL EXAMINERS William I. Garrison and Herman J. Finn, both of Atlantic
v. City, for prosecutor.
No. 221.
Dec. 5, 1935. Prosecutor was convicted of a violation of an act to
regulate the practice of medicine. Section 8 of Pamphlet
Laws, 1894, p. 458, 3 Comp.St. 1910, § 35, p. 3329,
Bascom W. Maxwell was convicted of violating an
provides who shall be regarded as practitioners of
act regulating the practice of medicine, and he brings
medicine. The defendant did not prescribe drugs or
material remedy. He sold a book entitled ‘Eternal Wisdom
and Health.’ He maintained a store in Atlantic City with
Conviction set aside.
seats arranged in rows. He spoke of the infinite spiritual
forces which illuminate the body with the principles of
truth, love and light. He preached *856 the triumph of
West Headnotes (1) the mind over the ills of the body and the power of the will
to drive out disease. He told his patients to sit erect, feet
firmly on the floor and will themselves to feel the forces
[1] Health
which he talked of which would drive out the ills they told
Spiritualists, naturopaths, and other non-
him of. Obviously that which he did was not the practice of
medical practitioners
medicine, because the act mentioned above was amended
Defendant, who did not prescribe drugs or (P.L. 1921, pp. 702, 707 [Comp.St.Supp. 1924, § 127–36]),
material remedy, but preached triumph of so as to exempt from the provisions of section 8 those who
mind over ills of body and power of will administered to the sick or suffering by prayers or spiritual
to drive out disease, held not engaged in means without the use of drug or material remedy. The
“practice of medicine” in violation of statute. philosophy which the defendant sought to teach was the
3 Comp.St.1910, p. 3329, § 35; Comp.St.Supp. power of the mind over the ills of the body. He used neither
1924, § 127–36. drug or material remedy. He told those who came to him
how to sit and think, and gave them assurances of the cure
1 Cases that cite this headnote
of every ailment by such means. Such act clearly came
within the exceptions of the 1921 amendment.

The conviction will be set aside.

**694 Argued October term, 1935, *855 before CASE
and BODINE, JJ. All Citations

13 N.J. Misc. 855, 181 A. 694

End of Document © 2018 Thomson Reuters. No claim to original U.S. Government Works.

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 1