Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-18
furnished by the State Board Of

furnished by the state Board Of
Health.
Observe that this law not only fails
10 confer any authority upon boards Of
health 70 compel vaccination. but was
passed by Legislature that refused to
enact measure for that purpose which
was urged by those who are now at
tempting to carry II into effect without
legislation.
Children may be excluded from the
schools who are liable 10 convey any
contagious or infectious disease 10 those
IN attendance That Is sensible. 1t is
necessary to the general health Chill
dren who are not so liable may not be
excluded An unyaccinated child who
has not been exposed is no, so liable.
The vacclnated child, being in a condl-
ton Of disease, to wilt, cowpox. Is much
nearer to the condition which would
warfant exclusion than the other class.
II Is not claimed. however, by the OPP
poncu;s OF unlawful exclusion, that
yacclnajsd children should not be adj
mlttcd. The arbitrary measures are all
on the side OF the advocates OF COM
pulslon
Reference TO the Revised Statutes,
which are quoted to prove the tremen-
d0us powers conferred on the State
Board Of Health, shows on careful read
Ing that thoy are IN harmony with what
we have quoted from the later law.
They do not endow that body with
any authority which Is contrary to law.
The law specifies the kind Of quaran-
tine and sanitary rules which they are
directed to enforce. Vaccination Is not
among them.
Now let us look with the eyes OF COM
mon sense for a little while upon the
proposition that the Board ofHealth may
make any regulation it pleases, on lie
own notions of what may be necessary
for the preservation OF public health"
II Is actually argued by an intelligent
editor. that this includes the power 70
enforce vaccination uDon school child
rem, OF bar them out from the attend
ance at school which the law makes
compulsory II that is not the height
Of absurdlty, does II not reach very
closely to the top thereof? by the same
reasoning, the same Board could prevent
every child from attending school that
would not swallow a dose OF oalomel or
OF sulphur and molasses, or Of any other
remedy or preventive that il might
deem necessary for the preservation of
public health" II one surgical opera.
ton must BE- submitted 60 as pre-
requisite to attending school. any other
operation decided upon by that board
could also be enforced,
The Board Of Health cannot
reasonably or lawfully require
anything as a condition for at
tendance In the public schools but
those which the law imposes. That body
Is a creature Of the law. 1t Is a servan,
Of the people. 1t Is putting on airs. II
Is assuming the position OF master.
More than that, It's attitude is despotic
and defiant. Failing to obtain the ty-
rannical power which It desired from
the Legislature II Is clothing Itself
with that authority by inference.
We are surprised TO find anyone who
recognizes the constitutional and
natural rights OF the Individual, en-
cmraging such excessive and monstrous
actions by sophistry and the peryersloa
Of statutory provisions, ignoring the
limits that the law prescrIbes. We In
ylte attention TO an article on the con-
stltutlonal and legal side OF this mat
ter which appears In another part OF
this Issue OF the Deseret News. 1t
should b. read and dlgested by all par
ties interested In this controversy