P.O.D. Docket No. 2/73


December 13, 1962 


In the Matter of the Complaint That                         )
                                                                               )
MORRIS KATZEN                                                    )
REV. MORRIS KATZEN                                           )
FAITH FARM, and                                                   )
SAINT GEORGE                                                      )
                                                                               )
at                                                                            )
                                                                               )
Cooks Falls, New York                                           ) P.O.D. Docket No. 2/73
                                                                               )
(hereinafter called Respondent), is                        )
engaged in conducting a scheme for                     )
obtaining money through the mails in                     )
violation of 39 U.S. Code 4005                               )
formerly 39 U.S. Code 259 and 732).                     )

APPEARANCES:
                                                                               Julian T. Cromelin, Esq.
                                                                               Ralph B. Manherz, Esq.
                                                                               Office of the General Counsel
                                                                               Post Office Department
                                                                               for the Complainant

                                                                               Rev. Morris Katzen
                                                                               Faith Farm
                                                                               Cooks Falls, New York
                                                                               Pro se.

DEPARTMENTAL DECISION

The Respondent in the above named case was charged with sending advertising material and obtaining remittances of money through the mails in violation of 39 U.S. Code 4005. 1/

A one-sheet brochure entitled "The Panacea" by Morris Katzen--Exhibit a-A-1--begins by saying "There is a panacea for all diseases." The page ends with "There is no other 'Way' to God. For more information study the clothbound books: KEYS TO LIFE, $3.00 postpaid, and, THE ELIXIR OF LIFE, $2.00 postpaid. Please send your order now." This with other exhibits explaining and advertising these books were admitted into evidence without objection by Mr. Katzen, the Respondent in the above action.

The Keys to Life and the Elixir of Life are advertised in the exhibits to "prevent cancer and to cure cancer", "prevent heart trouble if designated instructions are followed"; that "if these instructions are followed, it is impossible to become constipated", that the purchasers will be enabled to "regenerate the body", and a "way to cure nervous ailments"--will be provided. It is alleged by the Complainant that these representations are false and fraudulent and materially misrepresent the value of Respondent's books. With this I agree. A cpy of Exhibit 1-A-1 is attached to this decision.

Dr. Kenneth D. Campbell, a qualified medical expert, testified for the Complainant. He stated that he had read the books in question and was familiar with the treatment of diseases for which the books were being advertised for sale. The instructions in these books according to Dr. Campbell do not provide a "panacea" for the ills of mankind--but are valueless and in some disorders the doctor said they "may be harmful."--Tr. 24. Dr. Campbell also said his opinion of the evaluation of the Respondent's advertising and books (supra), relative to Respondent's claims that the physical measures advocated in his books provide a panacea for all human ailments, is in conformity with the informed scientific medical opinion of today.--Tr. 27.

Mr. Morris Katzen testified for himself--there was no other witness called for the Respondent. Mr. Morris Katzen, the Respondent in this case, is the author of the two books in evidence and the brochure on "The Panacea." Mr. Katzen uses the nom de plume of Saint George on the books of Keys of Life and THE ELIXIR OF LIFE. He also uses the title "Rev." and admits that he has had no course of study to qualify him as a doctor or as a minister but that he "received a mission fro God to carry on my work."--Tr. 70. The Respondent testified that he was a spiritual healer--Tr. 71--and that he received inspiration by communication--that "what I am doing, is what I was instructed to do."--Tr. 75.

Mr. Katzen being the ony witness for himself, the Respondent, one must give credence to the testimony of Dr. Campbell, which was not refuted by any competent evidence.

In viewing the Respondent's exhibits one is impressed with the instructions being concerned more with the sale of the books (supra) than with religious theory. A parenthetical note at the bottom of the exhibit titled "The Panacea" wherein the price of the books is set out says:

"(Rapid recovery from a nervous breakdown is possible with the help of the above information and Spiritual Healing. It offers the best unproved chances for the cure of cancer.)"

The Respondent's attorney who entered the case for the first time after the hearing to file a brief on appeal alleges that the violation as charged is unconstitutional--"a violation of the First Amendment prohibition against governmental establishment of religion." The case of Fields v. Hannegan, 162 F.2d 17 is cited by the above mentioned attorney and also by the Complainant. In this case the defendant admitted he cared only for the money he was sent. The court did not say that the admission was the only determining element of fraud which the Respondent's attorney seems to conclude in his brief. In Fields v. Hannegan--supra--the Court held that the advertising was not religious literature and that "Even if it were, the Constitutional privilege which he claims would not follow. A religious ingredient is no better defense to a charge of fraud than to a charge of murder."

The Respondent admitted he had had no training in medicine. He could not name a doctor who agreed with his health theories. These admissions in addition to the unrefuted testimony of Dr. Campbell that there was no scientific evidence to substantiate the Respondent's claims show the representations to be false--that the Respondent in asserting them establishes a fraudulent intent. Reilly v. Pinkus, 338 U.S. 269 held: "An intent to deceive might be inferred from the universality of scientific belief that advertising representations are wholly unsupportable..."

The representations in this case are shown to be false by unrefuted evidence, and the intent of the Respondent to deceive and obtain money through the mails by means of false representations is established and is found to be in violation of Section 4005, Title 39, U.S. Code. A fraud order is hereby issued.

Reva Beck Bosone

Judicial Officer

APPENDIX

FAITH FARM

Cook Falls, New York

THE PANACEA

By

Morris Katzen

There is a panacea for all diseases. In the Bible it is claimed that Jesus Christ heals all manner of ailments. What the masses do not know is that Jesus Christ is only a mythical personification of the sexual fluid - the biblical Water of Life - the alchemystical philosopher's Elixir of Life. Jesus Christ is the human seed - Galatians 3:16. It is a shocking though to those who learn these facts for the first time. Nevertheless, Jesus Christ - the sexual fluid - is the biblical savior of the human body. The sexual fluid helps to produce fresh blood which is biblically called the blood of Christ that can he all all manner of ailments. What can heal better than purified blood? Purified blood is the panacea for all diseases. The "Way" to purify your blood is through Jesus Christ. God is the light and life of the body. You cannot come unto God except through Christ. There is no the r"Way" to life. The Bible tells us that faith without works is dead The "Way" to life is by doing the "works" that adds life to the body and helps to heal common ailments. That is the "Way" to overcome insanity. That is the "Way" to prevent cancer and to cure cancer. That is the "Way" to prevent heart trouble and other common ailments including colds. The great mistakes that the vast majority of people are making are wrong bowel movements and excess losses of sexual fluid which eventually leads to disease and premature death. For the average person the best time to empty the bowels is in the late afternoon. One should not be too hasty in emptying the bowels. The gases called wind should be retained within the body. It is impossible to become constipated if the sexual fluid and feces are retained within the body and the wind is not allowed to escape. The feces are neither toxic nor poisonous. It is possible to completely consume the feces within the body. Quite often when that happens people get the idea that they are constipated because there are no feces to evacuate from the bowels. The begins the punishment of the body with harmful laxatives or enemas. Medications are mostly harmful. The best natural healing is accomplished by retaining the sexual fluid; by retaining the wind; and by not being too hasty with bowel movements. If these instructions are followed, it is impossible to become constipated. That is the "Way" to regenerate the body and to cure common ailments. There is no better way to cure nervous ailments. In other words, you must accept Jesus Christ as your savior the way it is interpreted here. There is no other savior except the Christ within. No outer Christ is greater than the Christ and God within. Your body is the temple of God. With God within, why do people worship false Christs and false Gods? Who can do more for you than the Christ and God within? However, you must give to God if you want to receive from God. You must learn how to "glorify" the God within your own body by adding light to the God within. Your body was made in the image of God who is the light and life of your body. The only "Way" to add light and life to your body is through Jesus Christ. There is no other "Way" to God. For more information study the clothbound books: KEYS TO LIFE, $3.00 postpaid; and, THE ELIXIR OF LIFE, $2.00 postpaid. Please send your order now.

The following is a copy of the parenthetical lines found at the bottom of Exhibit 2-B-1. Exhibit 1-A-1 is almost an exact duplicate of Exhibit 2-B-1 except for the parenthetical lines.

(Rapid recovery from a nervous breakdown is possible with the help of the above information and Spiritual Healing. It offers the best unproved chances for the cure of cancer.)



1/ § 4005. Fraudulent and lottery mail

(a) Upon evidence satisfactory to the Postmaster General that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false or fraudulent pretenses, representations, or promises; or engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property by lottery, chance, or drawing of any kind; the Postmaster General may--

(1) direct postmasters at the office at which registered letters or other letters or mail arrive, addressed to such a person or to his representative, to return the registered letters or other letters or mail to the sender marked "fraudulent" or "lottery mail"; and

(2) forbid the payment by a postmaster to such a person or his representative of any money order or postal note drawn to the order of either and provide for the return to the remitters of the sums named in the money orders or postal notes.

(b) The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the advertiser. The Postmaster General is not precluded from ascertaining the existence of the agency in any other legal way satisfactory to him.

(c) As used in this section and section 4006 of this title the term "representative" includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind.