Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-19
A MoMENToUs QUESTION.

The position taken by the Daseret
News is approved by both believers and
disbelleyers in the theory Of the pre-
yention Of smallpox By incubation with
virus from a diseased animal The at
tempt which is being made to force a
repulsiye practice, OF a disputed theory,
upon people who object to the theory
and reject the practice, is denounced by
all classes OF the community. 1t is a
species of despotlsm which causes gen.
eral resentment
In another part Of this paper will be
found some correspondence on the sub
ject OF vaccination as to its merits and
efficacy. We do not wish to discuss the
matter IN that connection at present
as our opposition is against the cOmpul-
sion which some officials are disposed
10 exercise, as We believe, without au-
thorlty OF law. It Is claimed by them,
however that the State board Of health
has power 70 compel the vaccination Of
school children and school teachers,
when In their opinion it is necessary to
protect the public health; but they adj
nit that this power is general and can
not be legally exercised In one given To-
callty. Let US examine the claim thus
set up, without reference to the mo-
lives that actuate the promoters Of COM
pulsory vaccination, at time when
there is but one case of alleged small
pox within or near 10 the city limits,
and that is In its mlldest form.
The boards OF health, state, county
and municipal, derive all the authority
they have from the State statutes.
Critical examination fails to disclose
any power whatever conferred upon
those boards to force vaccination upon
anybody. The state board is given CO.
ordinate powers with those Of the To-
cal boards. These extend only to in
yestIgations. inquiries and suggestions
as TO laws and ordinances for the
preservation Of the public health, and to
such rules and regulations not con-
trary to law as may be deemed neces-
sary'' TO that object.
The fact that the statute provides
that THE board shall recommend such
forms and amendments Of laws as shall
be deemed necessary" proves that IL
has no power Of itself to make such a
change In the law as would be involved
In the establishment OF so radical
measure as compulsory vaccination.
That body can only recommend to the
Legislature or 10 a county board OF
commissioners or to a city council, such
laws or ordinances as may appear TO
be required. 1t may gather statistics
collect information, and do all things
which the laws specify as within the
sphere Of its duties, but 1t can 60 no
further.
II under the authority to make such
rules and regulations not contrary to
law as may be deemed necessary for
the preservation Of public health" the
board may compel school children to be
raeeinated, then II can force vacclna-
ton upon every person In the State.
There can be no discrimination. That
would be contrary to the State Consti-
tntion. Also II the board can enforce one
alleged remedy. II can enforce others
II can compel people liable to contagion
from any disease 10 swallow such drugs
as the medical faculty may prescribe
and TO submit TO any other form OF
treatment to prevent the spread Of dis
case which, In lis Immaculate wisdom
II may determine is essential to the
general health
II VIII be seen al glance with the
eyes of common sense. to say nothing Of
legal penetration, that the boards OF
health have no such powers under the
statutes as the State board claims
TO possess The Board OF Education in
this city is also utterly destitute Of
power, under the law. to compel the
vaccination Of school teachers and
school children. There Is o penalty pro-
yided in the law against a person hay
Ing control OF a child between and "A
years Of age who wlfully fails to send
the child TO school. If the child is in
proper physical and mental condition.
IT is not required that the child shall
be immune from any disease. nor that
It has been treated for the purpose of
making it immune. Children may be
expelled from the public schools for
conduct which justlfes such expulsion.
but among the offenses for which this
is permissible vaccination IS not
included.
We repeat our protest, which Is that
OF very considerable portion OF the
community against the present need
less alarm which interested parties are
raising over The supposed solitary case
Of simple yarloloid. that Is now quaran-
uned beyond the city limits, also
against their apparent determination
10 force their repulslve process upon
people who revolt at It, All hygiene
physiological and medical wisdom is not
included In their craniums, nor are they
endowed with authority which the Leg
isla'ure Of the State refused 10 bestow
upon Them Let them keep within the
limits Of THEN legitimate powers. and
.ney VIII be sustained by the people. II
.hey try to clothe themselves with ex-
.,aordinary and unlawful preroga,ives
1ney WI bring upon themselves de-
se,sea odium and be brought to a
na'' suddenly The people have rights
ara those rights mus, be ma,n,s,nsN