The Leon reporter. (Leon, Iowa) 1887-1930, 1903-08-20
VACCINATION UP AGAIN.
State Board of Health Makes I'M
portant Ruling in Lucas County
Smallpox Case.

Smallpox Case.
| The state board of health has just
rendered an important decision in the
matter Of compulsory vaccination Of
i school children in times of small poX
epidemics. 1t will be remembered that
Lucas county has law suit on the
ing kept out of school because the
school board ordered all the children
vaccinated and the parents of these
particular children did not want them
yaccinatcd. The trouble occurred in
Independent District No. >, in Cedar
township, last year. The school board,
composed of Messrs. Chas. Drake, Joseph
Goltry and Thomas Sellars, ordered all
the children vaccinated, and because
C. B. Clifford would not have his children
vaccinatcd, the board prohibited them
from attending school. The childrenwere
kept out of school all the rest of the year,
and the father brought suit for $4,000
damages against the school board.
The case came up in the district court
here last April, and attracted statewide
interest. The principal point involved
was whether or not the state board Of
health had power to make rules and
laws governing such things. Judge
Nermillion held that the state board Of
j, health had no power to make such laws,
that power belonging to the state legis-
lature.
Judge Vermllion was then compelled
to postpone his court work on account
of his eyes, and Judge Eickelberger
| finished the term. He followed Judge
Vermillion's ruling and decided the case
in favor Of the plaintiffs, Mr.. Clifford and
his children, S175 damages against
: Goltry and Sellars, and S25 against
Drake, who is newer member of the
| board. The costs We're also taxed
J against the defendants. From this rul-
!, ing Atty. Barger for the defendants
| it. The case will therefore come W
t again before Judge Eickelberger at the
i. September term of court.
The case attracted notice all over tho
state, because smallpox was very prev
alent last year and the year before, ant
the people wished to have it definitely
. settled whether the state board o
health really had the power that it hat
y been using, or not. The state board il
), really very powerful body, but it il
the opinion Of Judge Vermillion tina
d they overstepped their power whel
they ordered that no children would b.
> allowed to attend school unless the,
were vaccinated, if the school board s.
. ordered. The Cedar township boar'
was simply following the explicit order
= of the state board of health, and it wa
uot their duty or business to knoN
whether the state board was entirel
within it's limits of power or not. If tn
state board exceeded its power,
should be the one to suffer, and not tn
school directors of Cedar township, VIII
simply did their duty.
The legislature will surely pass La
next winter on the subject, so that Their
will be no further doubt about it. Meal
while the state board of health has moo
y flied it's ruling, as reported in the De
Moines News as follows
is "The state board of health today toe
the most important action of it's presel
session by modifying the rule in regal
to vaccination so as to conform to tt
,rt court decisions in Lucas county
is Judge Yermillion. The rule is change
;l1 so that there will be no compulsol
se vaccination of school pupils except at
ny time when there is an epidemic of sma
q, DO poN.
w Judge Vermillion held in a case
ed which suit was brought against a scho
icy board to compel the board to adm
Tor pupils to school without vaccinatio
Nv "v that the state requiring vaccinating b
no fore child may be admitted to scho
ent was too broad, and that the heal
ca. boards have authority to require vac
~ nation only in case there is an actr
, a epidemic of smallpox or other extrat
hat binary condition calling for the vaccir
led ton.
This will virtually put stop to
cts. compulsory vaccination in Iowa,
;ole there is no smallpox in the state nc
the except a few isolated cases. Chart
Herald.