Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-04-26
CHILDREN'S RIGHT
TO ATTEND SCHOOL
Board Of Health Has Authority to
Exclude Unyacciaated Children,
SUPREME COURT 50 DECIDES
Justice BaslSin Takes Issue with the
Majority Members, and Tiles
Dissenting opinion.

The question as TO whether the board
Of health has the right under the law,
TO prescribe and enforce the rule exc
Guiding unvacclnated children from the
public schools during the prevalence Of
smallpox was decided by the supreme
court today, q majority Of the members
holding that the statutes, under which
the rule Of the board was adopted. does
confer the authority to exclude pupils
from school when In the Judgment OF
the board necessity requires such ac-
ton
The opinion was rendered in the case
Of the State Of Utah. eX rel John b.
Cox vs. the board Of education OF salt
Lake city and Samuel DoXey principal
Of the Hamilton school, appellants
STATEMENT or CASE.
The relator in this case petuoned the
Third district court for "a writ Of man
date directed against the defendants.
10 compel them 90 admit his daughter
Florence 60 school as a pupil His pee
tiuon. among other things. alleged that
his child was in sound health In every
particular. and not suffering from any
contagious or Infectious disease; that
when his child presented herself at the
school on January %. she was excluded
for the reason that she he'd not been
yacclnated. Judge Cherry issued an
alternative writ. and upon the return
day the defendants answered and
showed cause against the writ They
alleged the action of the local board OF
health in adopting and certifying 20 the
board OF education q resolution. which,
after recung the existence OF smallpox
In the city and its many attendant dam
gers directing IL 90 enforce the rule re-
Quirng a certificate off successful vac
cuation' from a qualified medical
practitioner or the local board OF
health before any teacher on pupil be
admitted 90 school Defendants also
claimed 10 have acted in good faith and
solely Tn accordance with a sense Of
public duty.
a demurrer was in,arp0sed 20 the an
swer which Judg, cherry sustained.
snd peremptory Writ was ordered TO
issue. From this order ana judgment
the defendants Appealed 10 the supreme
court.
Justice Miner who delivered the opiu-
ION OF the court, after quoting the pro-
visions OF the statute empowering local
boards Of health % preserve the public
health finds from the argument of the
case that no question was raised as TO
the emergency that existed last Janu-
airy for the board Of health 90 exercise
IFS powers and prevent the threatened
spread Of smallpox neither were the
rules and regulations prescribed by the
board attacked as unreasonable or un-
necessary Says the court:
BOARD DID ITS DUTY.
IN endeavorlng to prevent the spread
of infectious diseases that are known 20
be dangerous. the board of health acted
in the performance Of It's highest duty
90 the people OF the city OF Salt Lake.
To neglect such known duty when inn
posed, would be reprehpnsible. The
great duty OF am governments Is the
welfare and happiness Of its people.
Without health a community cannot
wen enjoy happiness or become prose
porous and conteuted. To secure public
health an imperative obligation rest-
90 upon the city through Its proper
board ~ health, 20 take all necessary
steps 20 prevent the spread OF con-
tagious diseases. The emergency de-
manded immediate action. and the reso-
lutious adopted were DO compliance with
what seemed 90 De necessity for the
safety OF the people and the public
health That the requirement was rea-
sonable. and that eNlgencies FOR lbs en-
rN fft
the protection Of the public from the
consequences OF such dread diseases, Is
admitted
Under sec. q. above quoted, the
board of health had power TO preserve
the health of those IN attendance upon
schools and 90 exclude from school any
person suffering with contagious dis
ease. or who was liable 10 convey such
disease 90 those IN Attendance upon said
school.
"The conceded facts show that many
people Were suffering with the disease
within the State; that the disease de-
veluped within ten days or two weeks
after the patient was anected that UNI
On IL was developed there are no means
hy which its presence can Doe detected;
that the several boards Of health IN
the State had taken precautions against
It's spread, that over 1900 children
were IN attendance upon the public
schools On the several parts of the city,
where such cOntagion existed. less
than one-half OF whom had been vac
clnated; that an the smallpox cases IN
Salt Lake City. and other parts OF the
state. numbering over 200 cases. We're
traced 60 the one case arising az
Sterling. Sanpete county, ana that IN
certain parts " the city the disease
had become epidemic. Under such cir
cumgauCUs the natural presumption
follows that Il as liable TO spread into
the schools unless controlled or eradi-
Gated.
vaccination is shown to be the only
safe preventive recognized and APP
proved by medical science and by gov
crnmenta throughout the world. To al
low children from an parts OF the city
40 congregate together az school would
seem "a ready way 90 communicate the
disease 60 others. To allow the child
I'm question % attend school without
conforming 90 the requirements Of the
board would, under the circumstances
shown be liable 20 carry such disease
10 other children. or 90 those In at
Tendance upon the schools. Exposure
10 the disease may come 20 the child
without her knowledge. and when least
expected When infected the child may
communicate the disease 90 hundreds
OF children before the patient IS aware
She Is infected with TO- Under the cir
cumetanccs the rule excluding all un-
vaccinated pupils from attending and
meeting together in the public schools
Is not only O. reasonable regulation OF
the board of health In aid OF the pro-
motion OF the public health, but iusti-
fcd by reasonable construction OF the
statutes OF this State which empower
Inc board 90 exclude those Hho are LA
be % convey such infectious disease as
smallpox. 20 those In attendance there
on.
oThe duty 10 preserve the public
health and guard against the spread Of