Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-04-26
A QUEER DECISION

Two Of the Justices Of the Supreme
eorrt Of the state rendered an opinion
iodag IN the case appealed from the
Dl.lfle. court, o. John 2. Cox ys the
Board Of Education. etc. To which ihe
question was raised as to the pWili
power Of the city Board Of Hallth to
REQUIRE the exclusion o. unyacc.natei
children from The dIs,hc, schools Judge
cherry decided against the Board
justices Miner and Bartch-the major
iiy Of the supreme court reverse bis de-
cislon and the text Of their opinion will
BE- found elsewhere IN Ibis issue Of the
News"
Justice Blskln disssnis from the ma
jorlty and bis opinion win also be
found IN this paper We invite careful
inspection Of both reports that It may
be seen which side Of the argument Is
the stronger and better founded on law
and reason,
TIE opinion Of the majority is predI-
Gated en- the powers Of the Board Of
Health defined IN The laws Of 1899 page
70 AZ here coined.
The local boards Of health shall have
Jurisdiction 10 an matters pertaining 20
the preservation OF the health Of those
IN attendance upon the public and prI-
yaie schools IN the State, 10
which end C is hereby made
The duty Of each Of the local boards
Of health: O TO exclude from
said schools any person, including
teachers suffering with any contagious
or Infectious disease, whether acute or
chronic. or liable 90 convey such dis
ease 10 those IN attendance"
Il should be observed that 10 the case
under consideration. the child who
Was excluded from the district school
was not suffering With any contagious
Or infectious disease, and was not
"llable to convey such disease 10 those
10 attendance" These being the facts,
how The majority Of the court could
Justify the chlds exclusion by the
terms Of The statute Is O judicial mys-
very. The child was not prevented
from attending TO receive that oduca-
ton which Is made compulsory under
our laws because she was in either Of
The conditions described IN the statute
quoted above. but simply because she
was unyaccInatej. The law makes no
provision for exclusion Tor any such
reason.
A child who has been yacCina,ed Is
Just as liable to carry the germs Of dis
case into a public school, II Il has been
exposed to contaeion. as an unyaccl-
mated child, A yacclnated child ls not
In healthy condition" It Is afflicted
With q disorder which sometimes deyel-
ops Into serious illness To exclude a
healthy child that has been unexDosei.
and admit unhealthy children who may
have been exposed, Is certainly a sing
ulaF method Of preserving the public
health
The majority Of the court adopt the
theory tina, vaccination Is "the only
safe preventive o. smallpox" We are
sony for the lack Of medical knowledge
this conclusion exhibits. but It is not
10 be expected, perhaps. that judges
VINO give their time 20 the investigation
Of legal questions, win acquire very
much familiarity with progressive med
ical and sanitary science. Il has been
demonstrated beyond reasonable dis.
pute, that sanitary and hygienIc rules
nave proven Gar more powerful In
stamping out ymotlc diseases, includ-
ING smallpox than AT the lnoculatlons
Of various kinds that have been ADOPTED
oy the medical fraternity.
The great question. however. IN this
controversy Is as 20 the lawful power
Of boards Of health in this State. We
lalnk Che opinion Of Justice Baskln win
ue found to cover this ground complete
~ But lei US look at the extent OF the
power which the two justices Of the SUI
p'eme court declare Is vested An
'nose bodies. Under their rul.
ing a board Of health. which is
an appointed irresponsible body OF pbv-
sielans very often with extremely linn
l'ed experience may arbitrarily es,ab.
'Nh regulations which win exclude the
great body OF our children from attend.
-hae on the public schools Whenever
'uey Imagine an epidemic is probable
W want TO compel vaccination OPP s,r,.
.'h'r Operations they may institute
regulations founded on their own mn.
.'Ons which the public may entirely ra-
puaia'e and thus stop The progress %,
'u''l'lon az will IthInyaIn that vs
~. nay search through The statutes NJ
: '1n ana The State Constitution for ita
.oayeyanc' ofany such legislative now.
!. !. 10 'n''e irresponsible appointed bod.
viewing ihe situation In tbis st,,. q.
prei'yclfar that there was No NV, -.....
'-'s'er Tor The smallpox scam s,a,.
> by some doctors Who had newer ' .a.,
.'s' Of SMALLPOX in their liyss rv
.He'oa has shown that there NO., '' -.
...' i'I The desperate effort. ~, I'D.
1'' 70 compel vaccination. n, r,s. n,
p,A h known TO have d.y.,,..l
. ui' 'ae association Of yacs.p5t.s ',-
a {. children ln bs r..t~-
-u0''.. The whole agitation os,r a.i
]. !. -. The disease that has prr ..,-I
se r c,o., D,'n fatal or even malignant
' r' closing Of The schools was w .I',..
,ce, .'a.',' 1T, me shutting out Of on.
, w. ,....o children was an ou,rae. ''''
W '''''' The decision Of the ma.