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

or removed rom one town or place 10
adqlher except under the charge and
etfcuon OF the board OF health II has
II noity TO prevent any person not
"tclualed from being So shipped or
rNaoted and as said section also pro-
iiaea mat no person. or thing liable TO
.elfgate any of lhe contagious men-
toneu among which is smallpox. shah
De brought within the state. without the
paeial permit and direction OF the
aye hoard OF health, that board has
a"hoflty ~ exclude any person who Us
l0t iacclnated from entering the State,
uiinI the prevalence Of smallpox. bee
cause any such uQrs0n upon entering
.ne state ana going 90 o. locality where
sWaupoN prevails ls as liable 20 proc
paeate the disease as any other person.
80 flnh results as those mentioned
uld which are permissible under the
obstruction Jf s1id provision by my
associates, WAS intended boy the Legls-
azure. The Intention OF these provisions
nfe Just as plain ls the provisions OF
session "a regarding the schools. and
neither was Intended 90 amply 90
elasss OF persons. but AN were in-
HnQel 90 apply only To- individual
ases of persons afflicted with the dlg-
fses mentioned and io such other I'M
p' 'aualE, who, by reason OF having. IN
ne way, been $50 exposed 90 the con-
laaion OF such diseases as 90 render
y 'm directly liable t0 Immediately mot
amotcly) Infect others with whom they
aFs0ciate.
There Is nothing in the record OF
tis case Indicating that the resuoni-
tuta daughter was afflicted with any
stch disease. or that she had been exc
posed Go any contaCion or infection
mich rendered her liable 20 directly
communicate any disease 10 others.
She was not excluded ON the grounds
that she had been SO exposed out only
hJcause she belonged 10 the class Of
aeveral thousand pupils who had not
been vacCinated
1t Is stated IN the majority opinion
inat vaccination is shown 10 be the
".y safe preventive recognized and
approved by medical science.
IL has neither been shown or recog-
nzeQ by medical science that vaCcina-
son rs . sure preventive. and while a
large majority Of the medical profess
zion recognize IT'S utility as
preventive and recommend its
use but few, II any members OF
that profession claim that u Is a GER
smallpox. That vaccination 81 frequent
l inefficient. experience has shown. for
ths instances OF yacclnated persons
having been infected with smallpox are
numerous Therefore many OF the six
thousand or more children who were
pefmitted % attend the schools. We're
liable 20 be infected with that disease
aud just as liable to convey the disease
~ others attending the schools, as the
children who were excluded, so that
the danger sought 20 be avoided was
bot remedied
THE parents Of the excluded pupils. by
the payment of taxes. contributed
equally 90 the school fund with me par
tnts nj The children who were admitted,
END were lawfully entitled 20 have their
children share In the benefits OF the
public schools Therefore In the absence
81 express provisions Of the statute
clearly and explicitly authorizing 10 the
board had no authority 20 pass any
resolution deprlying any Of the pupils,
unless they yielded 20 the unauthorized
requirement OF vaccination, OF the bene-
hte of the public school fund Such q
discrimination and violation OF personal
tights Is unWarranted under the stat
l,-s of this state The danger which
8istgd lh account Of the prevalence In
lhe city Of smallpox might have iusti-
ned the closing Of the schools, bur was
no Justification for such discrimination.
In support OF the authority Of the
board, The majority opinion quotes an
ordinance Of the city. which authorizes
the board 90 adopt such rules and reg
ulations necessary Co prevent the intro
ducti0n or spread OF malignant, conta-
gious. or infectious diseases within the
city, or within five miles thereof
AS the constitution contains no pro-
visions regarding sanitary rules and
regulations 10 is clear that the power 90
establish such rules and regulations Is
vested IN the State legislature by yir-
tue OF the general sovereignty OF the
state. ia the exercise OF this power the
provisions of the Constitution must not
be violated on Individual liberty be un-
necessarily restricted. As stated IN the
majority opinion. this power is not
without limitation. and cannot be in
voked SD as 20 invade the fundamental
rights of "a citizen (See cases cited In
that opinion)
This power, as a general rule, can
not De- delegated, set under the pro-
visions of The constitution before men-
toned the legislature may delegate this
power 20 incorporated towns or cities,
but when 500 delegated, 30 cannot be re-
delegated by such town or city 20 any
other body. To do SOD, as has been at
tempted hy salt Lake city, In the ordi-
nance referred 20. would be the disre-
gard by said city OF a duty, the dis
charge Of which the legislature has
peTemptorily eujolned upon and dele
gated TO Il.
"Dnlon Municipal Corporation, Sec
g6.
"The duties Of the respective boards
Of health of the State prescribed by the
statutes, are simply ministerial, and Ia
no sense legislative Boz their character
The duties pertain exclusively % the
enforcement ~ the sanitary rules and
regulations established by The bodies
legally authorized 90 enact sanitary
rules aud regulations These boards
may. however establish proper rules
and regulations TO aid them In the dis
charge Uf their ministerial duties. but
beyond this their duties to make rules
and regulations DO not extend They
have NO authority 90 determine what
shall Boz accomplished boy sanitary
measures. No bodies except those
which have been authorized by statute
20 establish sanitary rules and regula-
lions have authority 20 determine that
matter This view is sustained hy
many OF the authorities cited by my
associates.
Among those cited is the case OF
Blue VS. Beach. SO a. y. 81, I'm that case
the court says; IL Is true beyond con-
tr0yersy. that the legislative depart
ment OF the State, wherein the consu-
tuition had lodged an legislative p0Wgr
win not De permitted 90 relieve itself
OF this power by the delegation thereof
IL cannot confer upon any body or
person the power % determine
what the law shall be-, ass that
power IS one which only the
Legislature, under our constitution
Is authorized 90 exercise, but this COM
stlutionai inhibition cannot properly
be extended so as t0 prevent the grant
Of legislative authority to some admin
istrative board or other tribunal 90
adopt rules bylaws. or ordinances for
It's government, or % carry out "a par
ucuiar purpose.
"The cases cited IN the majority opin-
Ion DO not support the same because the
fanfas ia nrah u n.IN ..ar.n mara r.1FHnH.