The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*42.* _Christian Scientist._—A law requiring a person to be a physician to
treat the sick, is constitutional; and the defense of a person who has no
license to practise, that he is a Christian Scientist, is not good. Also,
a parent must furnish a doctor for his sick child, notwithstanding that he
believes in prayer cure.(68)
*43.* _Protestant._—In the early days, under the constitution of the
State, the courts of Massachusetts practically held that the Protestant
religion was the religion of that State.(69) Also, the constitution of New
Hampshire referred to different Christians, and the court in construing
the terms “Roman Catholic” and “Protestant,” held that any one who did not
assent to the truth of Christianity as a distinct system of religion,
could not be classed as either. The court stated that Mohammedans, Jews,
pagans, and infidels, are neither “Catholics” nor “Protestants.” The term
“Protestant,” as used in the constitution of New Hampshire, includes all
Christians who deny the authority of the Pope of Rome. When the children
of Protestant parents renounce that religion, and voluntarily accept
another, they cease to be Protestants.(70) At present under the
constitution of New Hampshire, the legislature may authorize towns or
parishes to provide for the support of Protestant ministers.(71)
*44.* _Hospitals, Sisters, Appropriation._—In 1864, Providence Hospital,
of Washington, was incorporated by an act of Congress, for general
hospital purposes. In 1897, $30,000 was appropriated for the District of
Columbia to put up two isolation buildings in connection with two
hospitals in that city, to be operated as a part of such hospitals.
Providence Hospital was selected as one, and because it was in charge of
Sisters of the Roman Catholic Church, the right of Congress to make the
appropriation was disputed. Among other things, Judge Peackham says:
“Whether the individuals who compose the corporation under its charter
happen to be all Roman Catholics, or all Methodists, or all Presbyterians,
or Unitarians, or members of any other religious organization, or of no
organization at all, is of not the slightest consequence with reference to
the law of its corporation, nor can the individual beliefs upon religious
matters of the various incorporators be inquired into.” The appropriation
was “for two hospital buildings to be constructed in the discretion of the
commissioners of the District of Columbia on the grounds of two hospitals
and to be operated as a part of such hospitals.”(72)
*45.* _Constitution, Rights._—The provisions in the constitution do not in
any way interfere with property rights obtained by a church organization
prior to its adoption.(73)
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