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Editorials

We will say for the information of the Field that we...

From the May 1898 issue of The Christian Science Journal


We will say for the information of the Field that we have no copies of the decisions of the courts affecting the rights of Christian Scientists to carry on their work that can be said to be authority such as would be binding upon other courts. No single case against a Scientist has yet reached an appellate, or court of last resort, and it is only the decisions of these courts that become authoritative as precedents.

In Nebraska there was rendered some years since a decision by the Supreme Court of that state which was adverse to Christian Scientists. It arose out of the celebrated Buswell Case; but inasmuch as it was based upon exceptions submitted by the Attorney General of that state, and did not go up on appeal, it amounted to little more than a mere dictum, and can scarcely be regarded as a precedent. It in nowise affected the result of the trial in the lower court, which, as all familiar with the case will remember, was favorable to Mr. Buswell, the Scientist tried.

There have been some convictions of Christian Scientists before police magistrates, but, so far as we are advised, in every case that has been appealed from such decisions, there has been an acquittal in the upper or trial court. These courts, however, not being appellate courts, their decisions are not preserved in such a way as to become precedents. We make this explanation because we receive many inquiries for decisions, the impression seeming to prevail that there have been a great many.

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