Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-01-05
Views Of a Prominent Attorney
School Boards May Resist,
HE ADVISES A TEST CASE.
Daniel Harrington Gives His opinion
i'm REGARD TO the compulsory
vaccination order.


points in the compulsory vaccination
order not hitherto brought up In the
controversy lie says
In view Of the fact that the county
attorney Of this county and others have
recently given their Views on the ques-
tlon Of the legality OF the orders of the
State board OF health, and some county
boards directing school trustees TO eX-
clude unvacclnated children from
schools. desire briefly TO present what
might be considered the contra position
from that Of the distinguished gentle
men who have given quasi-legal as
well as official expressions on this de-
cidedly lively not to say burning ques-
ton.
"Of course the case OF State ex rel
Cox VS. Board OK Education, decided In
April last by cur Supreme court cpl
tomizes states and interprets the law
as to certain rules which the board OF
health may make regarding ydcclna-
ton; and while this decision is contrary
to the recent holdings OF the supreme
ANNN Z VI " AnNNtNrAlA anu NNlA't iHAtANNNf 80
IS sustained by a recent case In lndi-
ana and other cases. and it Is now the
law Of this State on the question IN
v0lyed.
The trouble, however. with the opln-
ion OF the county attorney Is that II as
sumes that a refusal OF board Of trus-
tees or all Of the trustees OF this coun-
~ to exclude unvacCinated children
would raise and would be identical
With. the question that came up In the
Cox case This would not be true. In
the Cox case the matter was decided on
an issue raised by demurrer and this
demurrer admitted as true the allega-
lions OF the defendants answer, which
said that smallpox was epidemic In
the community and included types OF
the most malignant and deadly charac-
ter" etc. In the case referred o.. too.
the board of education of Salt Lake
City acted concurrently with the board
OF health and virtually admitted and
said that the rule of the latter board
Was reasonable and Opportune. and
that smallpox was epidemic and malg-
nant In the case Of a majority. II not
an, Of the various school districts OF
this county however there Is not a
single case Of so-called smallpox. Gu
NNil llNllt Nl any WAAiWA allNtn 'NllAIA1lNA
that Is contagious, TO say nothing OF its
J being OF a malignant and deadly
character. To say, therefore, that a
board Of trustees who admitted healthy,
unvaccuated children al the scRoUt are
guilty Of crime would be to put them
in a similar class as those who admit
ted children into schools whore a cOn-
tagiOus disease exists. or TO say that
they had violated any law OF the state,
IS entirely irrational and untenable.
In view Of the facts, therefore, as
they exist In the county, and In con-
sheraton Of the fact that not more
than about 10 per cent of the school
children Of the country have been vac
clnated ! say II Is the duty of the
trustees, under their oath OF office, 10
open the schools 90 unyaccinated chill
aren, where no epidemic exists In their
district To exclude healthy children
from school without reasonable cause
would be to interfere with the rights Of
taxpayers and 20 usurp the legal and
constitutional rights Of patrons of the
school. And In this connection, firm
ly believe that no jury In this county,
or in any other part Of the State could
be selected and impaneled that would
convict a board OF trustees Of any Of
tense for SO opening the schools. The
people OF all classes IN the county. not
q single cotcrie Of people but q ma
Jority OF, all classes, are opposed %
any arbitrary rule being enforced
against them, While all the bona fide
citizens Of the State stand ready and
willing TO work for the education and
for the sanitary and healthful growth
Of the people ana their children, they
do resent arbitrary and unseemly rules
that are urged against them by a co..
terie of doctors and persons who have
a fad 10 enforce. IL seems from the
condition OF matters as they exist. that
the board Of health has started out To
give themselves an entity and force I'm
the state that Is not warranted, and
they have started out TO crowd GER
tain policy and they will push Il
through at all hazards.
The thought in every parents mind
In this matter IL that II smallpox is
really epidemic and malignant close
an the schools and all other public
meetings, charity balls inaugural balls
and operas and all dances and meet
ings, ana not discriminate against a
few clearly children. Whoever heard
Of schools being opened In the face OF
a scOurge.
AuuNheI pna~t OF TINS matter
constantly recurs also 20 the oh.
servant person, that vaccination, In
the very nature OF things II ID tends
to render immune and Is beneficial Il
should affect the circulation Of their
blood and effect them functlonally in
their health FOR a time In short should
make them unwell. But IN some cases
the doctors are satisfied II they simply
e.
per cent 81 the cases the vaccinated
person Is not affected at all, one way or
another. and he Is allowed 10 20 TO
school or where be pleases; and thus he
has probably not taken" and Is not
immune, even from the board OF
health's standpoint On the other hand
II the vaccination process Is successful
the victim under present conditions Is
worse on than person who has the So
called smallpox" or Manila itch and is
made more sick than 90 cases out OF n
hundred ~ persons who have the So
called smallpox.
In this matter feel as great many
other'citlzens parents and taxpayers OF
the county feel. that while we stand
, ready. Of course. 90 do an IN our pow
or 10 resist the entertainments OF any
malady or disease when Il II virulent
and malignant or dangerous 30 the well
being OF the people and our children. We
do not wish TO be subject TO the ipse
dlXlt and within OF somebody's fad that
they wish to crowd down our throat.
II doubt whether In any state or IN
any part Of the Union there has ever
been enacted such a hlghhanded piece
Of arbitrary power and usurpation Of
the rights OF citizens and OF the rights
OF the people as the citizena OF thi.