The age-herald., 1897-12-14
RULING FOR THE INFANTS No Law to Make Them Be
 VaCcinated. OPINION OF JUDGE fEAGIN In the Case of Vaccinating Surgeon Dozier- He Was Fined Ten Dollars on One Charge
 and Fifty Dollars on Another.

According to the ruling of Judge Feagin, an infant does not have to be successfully vaccinated. A vaccinating surgeon, or po- lice officer, as he construes the law, has no right to arrest a parent guardian for refusing to have such infant vaeei- mated until the operation proves effectual, as is required in the case of adults.
 This ruling was made in the case of Vac cinating Surgeon Dr. Byron Dozier, charged with assault and battery on Lucy Boykin In both charges he was adjudged guilty and in the first fined $10 and in the second $50. On request of Attorney Me Crossin, the decision was held up for a few days.
 The trial grew out of a difficulty that occurred at the Boylxin womans house in Smithfeld. Drs. Dozier and Wisehart, em- ployed by the city under Dr. Barclay, were in that vicinity carrying out the vaccinat- ing ordinance. Dr. Dozier visited the house of Lucy Boykin. He found that the wo- man had been successfully vaccinated On an infant, however, the operation had not proved effectual. He undertook to vaccinate the child and the mother ob- jected. He told her it must be done or he would be forced to arrest her. An en- counter ensued, during which the doctor struck the negro with stick and also in the face with his fist. Arrests followed and counter charges were made.
 The woman was charged with violating the vaccination laws and acquitted. She then had pr. Dozier arrested the trial be- ing held yesterday morning.
 In rendering his opinion on the charge of assault, Judge Feagin read the section of the city code governing vaccination.
 'Within nine days from and after the proclamation of the mayor of danger of a spread of smallpox in the city, it shall be the duty of all citizens of Birmingham, and of all others who have been or may here after be in said city nine consecutive days, to cause themselves to be vaccinated until the operation proves effectual; and if any such person have any. minor children or others dependent on him for care or GUS tody, it shall be his duty likewise to have such minor children or others dependent on him for care or custody, vaccinated."
 The judge said that under this section the operation did not have to prove eff fectual on chilrden. He said he had no doubt but that such was contemplated, but it was not put in the ordinance, and con- sequently a vaccinating surgeon or police officer had no right to attempt to enforce it.
 In reference to the charge of carrying concealed weapons, he said he had never heard of any law vesting vaccinating sur geon with police authority.
 He was then informed that a vaccinating surgeon took an oath under Chairman Ste vens of the police commission.
 "Even if this is the case" said the judge, 'it can have no bearing. There is no law in Alabama authorizing man to carry con- cealed weapons Every man who does 1t is a law-breaker. Therefore, ] will have to assess the lowest fine, $5O''
 A new ordinance embodying clause compelling children to be effectually vac cinated will be introduced at the next regu- lar meeting of the city council.
 Dr. Barclay, the county health officer said yesterday afternoon that compulsory vaccination would be a failure unless chii- dren as well as adults were compelled to undergo the operation. He said the law evidently contemplated that children should be yaccinated until the operation proved effectual. although in some way the word sseffectual" was left out by the ordinance