The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-18
AGAINST VACCINATION.
Continued From The News of May 2s.)

of right or privilege is to deprive him
of property, as right OF property, espe-
cially when that right Is established, and
Is an advantage. only 0btainable by
pecuniary consideration already paid as
In the ease under consideration.
IL cannot be claimed that this law Is a
police regulation. The police power OF
the State Is not above and beyond the
Constitution. The State legislation Is at
all times subject 10 the paramount
authority of the Constitution and cannot
Niolate-fights secured and guaranteed
by the Constitution of the United States.
(See 1913 u. ). 663, Powell o. Pennsylvania,
l27 u. s. 67S) This is well established
In Clark o. Mayer, Is, Barb, 80.
Thus ii Is seen that an act to enforce
vaccination in the public schools Is not an
act OF police regulation. Without doubt,
the legislatures of the various States may
enact certain regulations 70 protect the
public health, so long as the enactments
are kept within the limits OF the Consti-
tuition of the United States and OF the
State. beyond that it cannot 60 The
State legislature could as well enacC that
the children Of certain parents might
attend the public schools, while 1t pro-
hibits the children of other parents that
privilege. This discrimination would be
obnoxious To the sense of every American
citizen, and In violation OK every consti-
tutlonal right and OF justice.
And furthermore: the attempted legis-
lation on the part Of the State Is not an
attack upon an evil that exists, but upon
possibility OF an evil. 1t is not aimed
at the sick, but ut the well. 1t subjects
the well 70 pecuniary damage, but does
not attempt TO cure the sick. It's shafts
are levele1 not at reality, but at pos
sibility =" possibility that may never
happen.
well compel every child or person TO bo
treated with injections of the lymph Of
DIR. Koch, TO protect them from possible
consumption, or with the bi-chloride of
gold OF DR.. Keeley, to prevent the possl-
bility OF drunkenness. III legislation Is
proper In one case, certainly ii Is In the
other. The remedy claimed in either
case is quite as certain as in the other,
and any attempted legislation In either
Instance, when brought before the proper
tribunal, would be declared unconstitu-
tional and void.
Daniel .. Trustee Of Richmond, 18th
Ky. 544.
The people have another bone to pick
with Judge Blodgett's committee. The
medical law ii recommended In the 80
session, Is not only an outrageous
infringement upon the inalienable rights
and personal liberties of the people, but
United States. In every respect according
TO the quotations below.
That the practice OF a profession or
trade is privilege equally within the
protection Of the Constitution as Is the
enjoyment of any other right Of property
Is clearly established by. the highest
authority.
The constitutional provisions designed
to protect the people against monopolies
and unjust determinations are as fol-
lows:
First-Article 4, section of the Con-
stitution of the United States, provides
that
"The citizens Of each State shall be
entitled to all privileges and immunities
OF citizens of the several States"
The natural and necessary effect of
this act would be to prevent and entirely
prohibit transient physicians, citizens of
other States from practicing in Rhode
Island and that such was the intention
and purpose cannot successfully be con-
troverted. This discrimination against
non-residents, citizens of other States. it
was the direct purpose of the Constitution
OF the United States to preveI. Nom
residence cannot be made disqualified
tion for the pursuit Of any calling or
trade in any State Of the Union.