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

AN emergency exists, The remedy u.s. leit
to tbem. such boards have general
power under the statute 90 promptly
and enectually protect AN persons
from impending pestilence and disease
THE exercise of the power Us controlled
however and when called upun me
board must show that its acts are just.
Ned o.. the facts In the case.
when the board of health ana the
board OF education resolved that no
pupu should be- admitted Go the schools
without having been 'accinated' ana ~
appears that IAN emergency existed. and
that the disease of smallpox was preva-
LENT ana contagious. the resolution
must De held 90 be within the grovls-
ions of section g. chapter &c. Laws Of
1sqg %. 90 and other sections referred
to. wherein 10 rs made the duty OF the
board of health Go exclude from me
schools any usrson suffering with amy
CONTAGIOUS or Infectious disease on lla-
Nlo 10 convey such disease tO those in
Attendance thereon Tn passing and en-
forcing this resolution he board dld not
ATTEMPT 10 comrel ,he rgsp0ndents
dau.hter to be yaccInated 10 simply
gave the option Co be vacCinlted or re-
main ont of school untn the danger
from smallpox had passed.
$50 the duty Imposed uron hoafds or
health finds ample support IN the police
pover which vs. inherent In the state
and % is one which the state cannot
surrender II has wide range IL Is
exercised in order 20 promote heaiih'
comfort, safety good morals ana me
general welfare OF the people. II is not
necessarily derived from the written
| Constitution n Is invoked for pub
uc Good and rot 20 deprive a citizen
OF Ms constitutional right
Continuing. the court quotes from
numerous authorities ana then proceeds
10 say that under the law The board
had power 10 protect the public health
and prevent the spread OF smallpox IN
the clty schools and for that reason
had the right 20 adopt such reasonable
| means and methods cas- its best judge
mont might dictate" Through its best
source OF information the opinion
reads "it was led TO believe that vac
ciuation was the best means t0 prevent
| me spread OF the disease in the schools
and thereby AFFORD protection 20 the
punns therein. Under IT'S powers the
/ board had the right 90 require that
mo- unvaccinated child be allowed 10
/ attend the public schools during the
rrayalenco Of the disease. III yaccinas
| ton was the most effective means o,
! prevanting lts spread, as the record
| shows then ii became the duty Of the
board 10 require that pupils De Nacci-
mated before entering. as O. sanitary
condition Imposed upon their privilege
| of attending during the period OF me
/ threatened epidemic Of smallpox, in
! MANY ~ the States laws have been
| pasged expressly requiring vaccination
| as privilege Of attending school. 10
other States courts have held under me
police mower OF the State that boards
/ of health would have the power 20 COM
| pel vaccination as a condition of en-
I tsrlro school tsst The order Go eX-
/ clude Inc child had no effect beyond
! tha existence on the emergency II did
NOT require the child o. Doe vaceinated'
/ she could only be- excluded from
school upon her refuse 90 be vaccl-
mated until danger from an epidemic
had passed ,,,,
I'd is true that under our laws a child
| mas me right o. attend school, b0t TINS
privilege may De lost by mlsconauf!
| on refusal Do obey the rules on submit
10 nroper school discipline
/ The court then holds that the board
[ of education was justified IN excluding
the REALTORS daughter, and reverses the
/ lower court with directions TO over
| rule the demurrer and deny the VIII
/ ana dismiss Mr. CoX's complaint
JUSTICE BAsKIN DIssENTs.
Chief Justice Bartch concurs In the
/ oplnion of Justice Miner, but Justice
| Baskin dissents. The latter takes the
position that the provisions Of the Con-
| sutution and the acts of the Le-lsla-
ture relating 90 the subject, DO NOT give
authority 20 the board of health TO or
| der the board OF education 20 enforce
l lbs resolution Justice BaskIn quotes
/ from section "a, chapter 40 OF the Laws
OF 1899 and says
oNhen Said section Is viewed In the
| light of Others contained In this act, and
| of See no of the Revised Statutes, u Is
| clcar that IL does not authorize the eN-
/ clusion from the schools of unvaocinat-
ia children but that Il was Intended %
appiv 10 individuals afflicted with The
/ disease mentioned and 90 such other
porsons who by reason OF having been.
/ In some way directly exposed TO the
/ coutagion or Infection mentioned, were
rendered liable Go Immediately infect
others by assodating with them. IL
certainly was not intended 20 the whole
az class composed of thousands of
children mo- one OF whom could be
shown no have been exposed to cOntag-
| ion i'm a way that rendered him or her
| liable 20 communicate an infectious
/ disease.
In sec. 10 Of said act Il is provided
| that No person or thing liable 20 prop
agate any of the contagious diseases
enumerated an the above section, shall
| be brought within the limits OF the
/ State without the special permit ana
/ direction Of the state board OF health.
and whenever SO shall come 70 the
/ knowledge Of any person that such per-
son or thing has been brought Wlthih
such limits. be- shall immediately give
notice thereof 90 @ member OF the sara
/ board together with the location there
OIL 10 person shall. within the limits
/ of the state. without permit from the
/ local board of health. carry or remove
| from one building 70 another any person
affected with such contagious disease.
Nor shall any person afflicted with such
contagious disease. or liable 90 COM
nunlcato or spread the contagi0n there
| Of be shipped or removed from one
town or place 90 any other town or
place except under the charge and d.
| rectlon OF the board Of health, and with
proper precautions against the spread
u
Of the contagou.
ON sec. mo. Rev Stat Il Is provided
that. ANY local board OF health may
declare quarantine I'm any county. city
or town. or any part thereof against a
contagious or infectious disease pre-
valllng there or elsewhere. and against
an persons or things likely 70 spread
contacion or Infection
by comparing the language tall
clzed M the section just quoted, with
the language italicized In section "a,
Il will De readily seen that they are
iu substance exactly the same
II the prevalence OF smallpox IN the
city renders the schoolchldren who are
not vaccinated liable 20 convey this
disease 90 the attendants at the school.
Il follows that every person In the city
who Is not yaccinated Is equally lia-
bic 20 communicate this disease 90
those with whom they habitually asso-
ciate.
"Under the construction given IN the
majority opinion, 90 the provisions OF
the statute quoted the board OF health
OF the city. as sec. lll0 provides. may
1arfara quarantine against all uorsuUe