The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-01-25
BOARD
TANGLES THINGS
Teachers Held Responsible
for Violating Law.
VACCINATION ORDERS
ARE RESCINDED
The Lie Was Passed aud Super
intendent Gagged.

The board of education last evening
rescinded the action of a month ago in
accedinS to the order Of the health
board that unvaccinated children
should not be admitted to the schools
after Jan. 2. The resembling resolu-
ton was the one offered by Mr., Geo
ghegan Tuesday night the considera-
ton of which, under the rule, was de-
ferred till last night. Six members
voted for the adoption OF the resoIu-
ton, and four, AIessrs. Critchlow, Mel
den, Walker and Young. voted against
it.
feet:
Resolved, That all orders or resolu-
tons Of this board heretofore made
prohibiting principals, teachers or pu-
pills from attendance in the schools on
account of being Unvaccinated, and all
orders or resolutions requiring the SUI
perintendent or health officer of the
board 10 enforce or assist in enforcing
any such provisions. be and the same
are hereby rescinded. and be it further
Resolved, That this resolution take
effect at once, and that the superin-
tendent notify forthwith an principals
As explained by MI GeOghegan, the
purpose Of the resolution Is to restore
the status that existed before the
school board put into effect the order
of the health board that only vacCin-
ated pupils should be admitted to the
public schools. All efforts to amend
the resolution. so as to clearly define
the attitude Of the board with refer
ence to its responsibility for violating
the orders of the public health officers,
rHa- #rarne % H.
ers, were unavailing- In the same
manner the majority of the members
refused to instruct the school superin-
tendent as to how ne should constrUe
the action with reference to admitting
unvaccinated pupils.
Left to the Teachers.
After the meeting. in response to a
request from The Herald. Superinten-
dent Cooper made the following state
meut.
Il esteem it 10 be my duty to carry
out the Instructions of the board Of ed
Ucation and wish to be true to that
duty. The former resolution directed
me 10 carry out the order of the board
of health The present one gives me no
direction except to communicate the
resolution to the principals and teach
ers- I shall, therefore, be obliged To
leave to their discretion the matter of
choosing as To their action under the
board of health rule, which is still in
force. would have preferred
lions relative to the admis-
sion Of pupils. as I do not wish to
assume the responsibility of disobeying
the board of health. to whose com
mands, as a public officer, I am, sup
pose, amenable under the law"
Will Enforce Order.
When his attention was called to the
school board s action. Health Commits
siOner King said the city board Of
health viii certainly enforce its order
against the schools. but ne could not
say what measures would ne used until
after he had conferred with the city
attorney The local board of health
viii act, he said, without waiting for
the state board. In the opinion of
Health Commissioner King, every
teacher who disObeys the order of the
health board as to admitting pupils
who are not vaccinated, which order is
still in force. could be prosecuted. but
he inclined to the view that the mem
beTS of the board of education who
have brought on this complex situation
can and VIII be proceeded against as in
criminal actions On this point how
ever, he wanted further legal advice
before expressing himself definitely.
The matter of insttUting prOsecu-
tons for violations of the order come
within the province of the local health
board" said DR. Beatty of the state
health board, "but it viii be done
The action of the school board is
cOwardIy in throwing upon the teach
ers the option Of disobeying the orders
of the health board or of the school
board Under the circumstances it IS
the plain duty of the local board Of
health to prosecute the members Of
the school board, or the teachers, or
both and one or the other viii Ger
tainly have to defend their action"
Held a Warm Session.
Such is the situation that was
brought around last night by the
school board al one of the Warmest
sessions ever held in the city With
out wasting time on prelimiDaries.
Geoghegan's resolution was taken uD
for consideration from the period Of
Introduction Tuesday night. 1Ir-
CritchlOw raised the point that the
resolution was not in order before q
motion to reconsider, which would re-
quire a tWO-thiTds vote. Mr.. MOyIe
argued against the point of order and
President Newman ruled with his col
league from the Third precinct. An
appeal from the decision Of the chair
resulted in sustaining the ruling by 9.
vote of to 3.
Mr. CritchIow broke the ice in the
discussion. He said ne lad hoped the
school board would not fly into the
face of the law and if the programme
carried, as he anticipated it would
he entertained the belief that no mem
Der viii trench upon the subject Of
obedience to law when addressing
graduating classes. No matter what
our views are as to the legality Of Ee
order or the wisdom of it, he added. il
is our duty as members Of the board
of education and not as individuals to
recognize legally constituted author
ity. as defined by the decision OF the
supreme court in the Cox case.
Some Hard Questions.
Would it not be weiI.' continued
Mr.. Critchlow, 'tO wait for the legis-
ture to do away with the law, as seems
probable in difference TO a sentiment
favoring putting Utah out of the line
Of states that have an effective quar-
antine against smallpox Suppose
that the medical profession. to whom
after all we must look for advice on
this question, is right and that our
reversal should result i'm a more
virulent outbreak of the disease and
even one school child should die, who
of us wants to take the responsibility
then? How viii you justify your