Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-14
.IH[ Vaccination LAN
Amendment of Vaccination
Rule Not Based on Compul-
sorry School Attendance
CALL FOR NEW LEGISLATION
CALL FOR NEW LEGISLATION
The Amendment Will. However, Render
This ecessary-Discussion of Prin-
ciples InvoIved-Trouole Brewing for
Des Moines Insurance Men Who
Form Compact to Violate State Law.

statements that have been published
| in the matter of amending the rule III
regard to vaccination was not based
on anything in the compulsory law Of
the state The requirement that all
| children of certain age shall attend
| school has not been decided as nulli-
| flying any attempt to secure Vaccina-
ton Of school pupils. But the change
| in the rule and the decision which
forced it will call for some new legis-
sembly. DIR. L. A. Thomas, of Rel
Oak, president Of the Iowa Pubia
Health association is making an effort
to have the case from Lucas county
appealed to the supreme court in time
! for a hearing at the October term 50
there may be decision from the
highest court before the legislature gets
to working at 1t. The attorney general
is willing to assist and the Lucas coun-
ty officials are anxious for decision
| in the higher court. But the members
| of the state board OF health did not
deem it necessary to wait for the su-
preme court to act on the case. Ihe
decision OF Judge Verrillion wSs be-
| fore the board and he made 1t so clear
that the rule of the board was con-
trary to law that the board decided up
on immediate action. This means that
the rule will be null until the legis-
lature does something that Will legalize
such action. Judge Vermillion's deei-
sion. which was written and very care
fully prepared. appeared to be con-
elusive on the case The suit was one
lin which three children in one fam
lily were affected. Two OF the children
sued for damages for exclusion from
the school and the other sued for an
order to be admitted to the school
without vaccination. The case de-
cided was tina, of bessie Clifford vs..
Charles Drake. ct g.. and 1t was ee-
cided ON demurrer to the petition
which was orerruled. Judge Vermil-
lion entered into an exhaustive argu-
ment or discussion of the principles in
volyed and quoted extensively from de-
cisions in similar cases in other states,
and in regard to this case added:
From these cases, which are be-
lieved to be all there are bearing di-
rectly upon the question, it is not diff
cult to deduce the rules already an
nounced: % That the legislature in
the exercise of its police power, could
make vaccination condition Of ad
mission to the public schools. (2) That
the legislature might confer express
authority upon the board of health 70
require vaccination as condition of
admission to the public schools CD
That under mere general powers such
as are now conferred upon the state
board Of health by statute. a regula
ton of the board of health making vac
cination condition of enjoyment Of
school privileges during an epidemic OF
imminent danger of an epidemic of
smallpox would be valid"
The demurrers We're overruled be.
cause the board had no power in the
absence of an emergency to require
vaccination and the regulations as re-
lied on by the local board for defense
is unreasonable, but
I'm so holding, however, it is not
intended to say that the rules and reg
ulations of the state board of health
and enforcible in an emergency such
as calls for their eXercice, but only
that under the facts pleaded in these
cases no such emergency existed The
rules in question, considered as general
regulations of unusual application
thruout the state without regard to the
existence of an emergency requiring
such measures, are in the nature Of
general laws imposing permanent AMI
unyielding condition upon the enjoy
ment of public school privileges. and
a restriction upon personal liberty OF
all citizens, which are beyond the pow
er Of the board of health to enact. But
considered as applicable only In an
emergency requiring prompt and effec-
tive administrative action to check an
existing epidemic or avoid threatened
one, and as having no application to
pupils or citizens not affected by such
conditions and as having no force eth
er before the occasion for their oper-
alton or after it subsidies, they are
valid regulations. In the one case
they would be considered an exercise
of legislative power which the board
of health does not possess, and in the
other as an administrative process
within its power as defined by statute.
This distinction is recognized by prac
tically all the authorities referred to
and many others"
Inasmuch as there is no smallpox
in the state now and not likely to be,
it is regarded as an opportune time
for the legislature to take UP the mat
ter and if it is desired that in Iowa
vaccination shall be made compulsory
at all times. then the legislature should
either so direct by positive statute
or expressly give the state board Of
health power to make such a regula
ton Either one can be done, but the
board of health will not ask that the
matter be changed from it's present
status.
Two of the important matters con-
nected with the Iowa exhibit at the
ST. Louis exposition have not as ye-
been disposed OF. The srperintendents
Of the livestock department and the
mining department have not been nam
ed. 1t is regarded as probable that W..