New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-28
TIE LAW ABOUT VACCIN1TION

Justice Gaynor displays on the bench OF the
Supreme Court the same qualities OF mind ana
will that, down TO the beginning or THIS year.
made Mr. William j. Gaynor so marked IL
figure at the Kings County bar. His judicial
career is only a few months old 1t has, how
ever. been long enough for the delivery or
number of decisions which would because OF
their novelty and holiness. have been termed
sensational had they not so evidently Deeh
sound and serious. He seems TO nave the GIT
Of getting directly at the core OF n case without
beating about the BUSH and the courage TO deal
out both law and equity even though IN DONG
SO he may provoke hostile comment or upset
some long cherished fetch Of tradition
One of his latest utterances pronounced
upon the subject of compulsory vacclna-
ton. is Of Just such original and aggressive
character II will arouse much controversy
II will probably open above his head some vials
of wrath; and It will almost certainly nave
effects more widcrcaching than most judicial
decisions of recent years bearing upon social or
sanitary matters. The question decided was
the right Of the Health Commissioners to order
the quarantine Of persons who refuse 10 De
yaccinatcA Two men had thus refused. The
Health Commissioner had ihcrcup0n ordered
their arrest and practical imprisonment.
Against this they made appeal. There was no
prctcncc that they were suffering from small
pox. or were infected with II. or had been ex-
posed 10 infection. If such had been The case
they might properly have been quarantned. So
long rs there was danger ~ their conveying
The disease 10 others. But such was not the
case Their sole offence was that they refused
,o submit 10 vaccination, and the order OF
quarantine was nadp for the sole purpose or
compcllinc them 10 submit to that operation.
This. Justice Glynor declares exceeded III"
authority conferred by the law. II. Indeed. II
did not exceed any authority that could cduii-
ohlv and consiifuiionally be conferred by law.
The right 10 Isolate or quarantine actual or slis-
poctcl patients in times Of epidemic Is unpuoS-
tlonallc The right To compel perfectly healthy
persons 10 undergo a certain prophylaciic treat
mcnt. and 10 punish them with imprisonment
II Ihcv resist. Is different Thing. and thing
that under our system - government has no
existence In brief. compulsory vaccination Is
illegal That IS the gist ~ Justice Gaynor's
decision
l. Is scarcely necessary 20 dwell upon the
effect Of this decision Vaccination. although
SO long and So generally pracriSNl. Is s'ili
matter Of much contention The great majority
believe I'm II as an exceedingly VALUABLE" ana
efficient means of preventing one 81 III" worst
Of diseases: but there * an important minor
ifv strcnuously and aggrc~sycly opposed 10
H. This minority includes both physicians
and layncn. and many 81 both classes whose
motives are above suspicion ard who's" ini'li'
ccncc IL entitled 10 the highest consideration.
Large and active characterization. or anilcom'
pulsorv vaccination. societies hav" been formed.
There have been ntcrmlNIbIr discussions 81
the subject In The lay and professional pr"'";
not 10 mention millions of pamphlets. ana DOCKS
enough - make a large library. II has b''h
made, u political issue. deciding The results "t
elections: and has even led - schlsnS III
churches Nor have The d.sco' cri"s of fds'cur
and Koch and others. IN the same fields "f
sanitary science. which have tended 10 WIN
dlcair Icunor's theory. IN ihc least ch"'hrd
this anii-vacclnation campaign which never
WAS moro vigorous than a The present DAY. IN
this controversy. Justice Gaynors decision VIII
doubtless prove To be- an important factor. tull
Of encouragement to The opponents OF c'mpul
sory vaccination and by no means void oi
significance to all trainers and executors OF
sanitary legislation.