Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1905-05-10
The Unvaccinated Appear IN the
Mayors Court

AAS cA'aCCAudtcu appear In Il
;r Mayors Court
II Last Friday morning a lars
:, crowd was attracted to Nav;
Walkers court room at the Fire
meu's building, the occasion bein
: the hearing of a number of case
for failure to be vacinated unde
} an ordinance passed by the Lex
ington Board of Health. Interes
in the cases was increased fror
the fact that Tuesday of last wee
the mayor adjourned the hearing O
several cases until Friday, becaus,
of the absence of DR.. A. D. Estill
chairman of the Board of Health
who was not notified that tn,
cases would be beard that day
Friday, however, he was presenr
as were also several other physi
clans Of the town.
1
1t will be of interest to note who
were included in the list reported
by the Board Of Health for failure
to comply with the compulsory
vaccination order. Or the of.
fetal list handed the mayor we
lind the rames of dignified Uni
versity professors, distinguished
members of the Lexington bar,
substantial business men and me-
chsnics, and women prominent in
the social circles of the town. These
are they whom the law must recog-
nize as subjects for investigation.
Among those summoned to an.
pear Friday was DR.. Ii. D. Camp
bell of Washington and Lee Uni.
versity. DR.. Campbell was repre-.
sented by Prof. A. P. Staples of
the University Law School, who
made motion to quash the pro.
ceediugs, his ton being that
Dr. Campbell had violated no law
OF the town. Prof.Staples claimed
that the ordinance promulgated
could not be enforced, because the
board had no right to enact a town
ordinance. That power alone |
rested in the Town Coucil and that |
cody could not delegate its author
ty to another. He cited cases TO
sustain his position.
Mr.. H. A. White followed. Pro.
lessor Staples. He took the same
'iew as to the legality of the &C.
ion by the Town Council in de-
egating its authority to the Board
" Health to pass ordinances. He
aid that nowhere in the code of
Virginia could it be found that
ach powers could be delegated.
Mayor Walker retired and held
short consultation with Town
attorney E. M. Pendleton, after l
Which ne announced his decision I
0 override the motion of Pro.
essor Staples and tn hear each ,
ase on its own merits.
Dr.Campbell then took the stand
nd testified. He said he believed
! vaccination. taught the subject v
nd had advised his classes to be T
accinated. He believed, however. I
lat ne did not need to be vaci. II
Ated for the reason that he =
'uld show good scars as the re. g g
lit OF four or five successful :,
'ocinations, the last one about .,
lree years ago. He was first 3
'ccinated in childhood, then In T
'uth and several times since r.
anhood. From the best of au. - -
critics he believed that sue. +
ssful vaccinations at such times y
ade persons almost immune '
.ainst smallpox. In proof of .,
is Or. Campbell cited reports n
om the French and Prussian SOL -
ers during the Franco russian ~ ~
'r. There were 23, 400 deaths in ~
9 French army from smallpox.
Tile in the Prussian army only =
) died from the same disease. d,
10 French had only about half as 80
my soldiers as the Prussians. ~
ey did not enforce compulsory "
,ination, while the Prussians -.
forced compulsory vaccination. b. p.
cir law was that all childrea
Thin two years of age should IN,
vacclnated, then at the end of M
school period, and finally all -
ruits in the army. ~, y,
Colonel Robert Catlett, in re- W. w.
nse to his name, Dtated that 70 ~
desired that proof be produced W
t ne had failed to be vaccinated. 80,
iayor Walker reserved his de- " Of'
on, which he said would be I'd
ounced later. 81. =. ~,
ee- Jackson Camp Additions 10 no.