The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-02-17
PROFESSOR PAUL
FOUND GUILTY
Trial of L D. S. College
President.
VIOLATED ORDER
OF HEALTH BOARD
Convicted by Jury and Will Be
Sentenced Monday.


Iatter-day Saints college, who was
charged with violating an order of the
health board requiring that all Unvac-
cinated pupils be excluded from the
schools, was on trial before Judge
Kroeger yesterday in the city and coun-
ty building, and was found guilty by a
jury. The passing Of sentence was de-
ferred until next Monday at p. m.
Every point was strongly contested
by the attorneys, and the trial con-
sumed all the time from 20 $50 p IN.
Professor Paul admitted on the stand
that he had not made any order to the
school that all unvaccinated pupils
would be excluded or advised the board
of directors of the school to make any
such order, but declared that he had
violated the mandate of The health
board because, as he claimed, he had
sought to enforce the order in the way
that he thought it was intended to be
enforced. The principal point of con-
Jenu2n between the two sides was d
case of precedent which the defense
cited as justification of the action of
the defendant in regard To the order Of
tie health board.
The case was scheduled to commence
yesterday morning, but the defense de-
manded a jury trial, and it was p. m.
before the jury, composed Of J w. Jen-
klns, Leo II. Mandel, Frank Jennings
and Barney 2. Quinn, was selected.
The prosecution was conducted by AS
sistant County Attorney LOOfb0urow
ana the defense by Attorney II. S. Tan
ner.
The prosecution first put CITY Re
corded p. T. NystrOm on the stand to
testify as to the legal organization and
incorporation Of the health board, and
10 produce the ordinances by which
such board was authorized.
Horace X Smith, clerk of the board
or health, testified as to the making
OF the order by the board and as TO two
notifications of the order being sent TO
Professor Paul, reading copies of the
letters sent to the professor. He also
testified that no reply from the pro-
lessor had been received but that
sometime afteTWard, in response to a
demand from DR.. King. a. health in
SpecJOr who was sent to the school re-
ce1ved letter from Professor Paul to
DR.. King, stating that 136 unvaccinated
pupils ere then attending the school
and giving the names of. the pupils
The letter was produced and Identified
by the clerk and health inspector T. n
Cauheld. Aside from a. pupil of the
school, who was put on the stand 10
testify that Professor Paul was the
president of the institution, this was
all the direct testimony introduced by
the prosecution.
President Paul's Defense.
The line of defense followed by Attor-
ney Tanner was an attempt to show
that the defendant had Obeyed the or
der of the health board according to
his Interpretation of its meaning. He
also attempted to show that Professor
Paul, as president of the school. did
not have the authority to exclude pu-
pills from the institution. He declared
that the health board had led the pro-
feSSOr to believe that they We're going
Ia a he
and not against him.
DR.. j. @. +. King. the complaining
witness, was the first witness for the
defense. Attorney Tanner attempted
TO show by DR.. King that an order like
the one IN question had been made a
year ago and that by the advice of the
health board Professor Paul had not
shut out the pupils at once, but per
suaded them to comply with the order,
end held that the professor had be-
lieved that the last order was intended
to be executed in the same way. Con-
siderable argument arose over the reI-
evancy of the precedent, and it was de
cided by the court that it was irreI-
evant. Dr. King testified that he had
had a conversation with Paul about
the order, and that the professor had
admitted that unvaccinated pupils Were
going there, and said that he could not
exclude them. but that ne had advised
them to comply with the law, and was
going to lay the matter before the
board of directors.
Had No Authority.
Professor Paul then took the stanl
and said that he had the internal man
agement of the school, but that he did
not have the authority to exclude pu-
pills. lie admitted that he. with the
faculty. had the authority to suspend
pupils for time if they thought iG
necessary, but that they had no right
10 exclude pupils under the conditions
IN this case, mo- only from the fact
that he was under the authority of the
directors, but that he could not do Il
without laying himself liable for viola
ton of a contract with the pupils, and
he declared that any such action on
his part would have wrecked the insti-
tuition, and for that reason also he had
no right to do il.
The professor declared that he had
received an order like this one a year
ago, and that on the advice of the
health board he had executed il BY per,
suaSion and advice, and said that the
order in question was meant to be ex-
ecuted in ~ same way. He was led
10 believe by tHe request of DR.. King
for the names of the unVaccinated pu-
pills that ne was DONG right. and that
the board was going to take action
against the pupils. The professor de-
clared that he had spared no efforts Ia
secure the vaccination of ali the pupils
by advising them TO do it. He present
ed the matter to the directors and they
told him TO do as he had the year be
fore, and that he had done so. He did
not undcsSts nj the order to mean an
immediate expulsion. but thought tina,
it would allow at least two months for
the accomplishment Of the measure.
several pupils were put on the stand
and testified that they were suspended
until they could get certificates OF
health, and said that ali pupils were
required to present the same certif-
Gates.
The case was then briefly argued by
the attorneys and given to the jury
The latter remained out for awhile and
returned with the question whether a
principal of a school could he held re-
sponsib,e when there was a a.gher au-
thority over him. The judge read them
the decision Of the supreme court OF
that point ana The jury soon returned
with a verdict of Sulty
Attorney Tanner Immediately gave
notice OF appeal
UNITARIAN LEADER.