Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-03-01
VACCINATION
ORDER ENDS
JUDGE CHEADLE ISSUES ORDER
DIRECTING BOARD OF HEALTH
TO REsCIND 1T.

After taking the matter under ad.
visement for nearly day, Judge f.
X. Cheadle last evening issued per-
emptory writ commanding the county
board of health to rescind it's order
requiring that all pupils attending the
public schools be vaccinated. This
decision is based upon the fact that
the present conditions in the school
district do not require the continuance
of the vaccination order, which was
put in effect last January. A written
opinion will be filed by Judge Cheadle
later.
Elmer o. Busenburg, chairman of
the school board, and acting for the
trustees, made the application to the
district court on Monday for writ
of mandate directing the county board
of health to rescind it's order promul-
gated in January, requiring all pupils
of the public schools 10 present GER
tificates of vaccination, or to appear
and show cause. The order was made
by the court and the hearing on the
application was begun in chambers
late Monday afternoon, o. w. Belden
appearing for the school board and
County Attorney Ayers for the board
of health.
Or. wilson Testifies.
DR.. H. H. Wilson, the health officer,
was the first witness, he being called
out of order as matter OF conven-
ience to him. The doctor testified that
the order was necessary when 1t was
made and was necessary now. There
is not a case of smallpox in Lewis
town at the present time, and had
been but one case recently, but that
did not, in his opinion, prove that the
order should be rescinded. 1t was the
enforcement of this and other precau
tions, he believed, that had saved
Lewistown from an epidemic, when the
disease existed in SO many OF the sur
rounding towns. The order was made
in order to induce vaccination. II
would not, in ITSELF prevent an epi
demic here, but would reduce the mum
ber who might contract the disease
by just the number vaccinated.
Opposition to vaccination is based
on ignorance, and nothing else" sait
the doctor. "In Germany, where II
is universally practiced, smallpox i.
almost curiosity. In the German
army it does not exist. The same i:
true of the Japanese army. Those two
nations appreciate vaccination at II:
true worth, and they are the only one:
that do. II whole community is vac
cinated, as in Germany, it makes prac
tically no difference ii one case i!
brought into city or town. The peO
pie are safe. And il all these schoo
children are vaccinated, they will b.
immune to the disease. 1t is possible
a very few of the vaccinated may con
tract it, but even If they do, 1t will b.
in a very mild form, and there will
be no deaths-nOt one. There ar
five cases of smallpox at Forest Grow
and some others down DelOw Gras
Range. | believe there are also som
cases at Castle Butte. but l have no
been able to locate them. This pre-
caution is not taken because there i
smallpox here. There is none. Blu
1t is taken to prevent any occurring
Let me say, too, that with each sue
ceeding case, the disease become
more virulent. In putting this orde
into effect, l only followed the instrut
tions of the state board of health, an
l call attention to the fact that thi
rule is not in force in lewiston
alone, but all over the state. l cor
; slider it necessary to continue it,
Children Leave School.
Prof Busenburg was then calloS
and stated that since the order ha
gone into effect, there had been fal
ing off in the attendance at the schoC
! until now SO per cent OF The numbe
enrolled was in attendance. Most {
j., the absentees-practicall all of thel
were remaining away to prevent b.
, ing vaccinated. The board favOre
i. the rule when it was promulgated. an
! had it strictly enforced. None of tn
trustees were opposed to it. But nov
when there was not case of small
pox in the city, and the danger Al
! peared to be over, the board did NJ
J. see the necessity of continuing the o
der In force.
Prof. Busenburg was the last WI
e ness and Judge Cheadle said:
There is not enough In this recol
for me to decide the case upon. Thel
is no enough before the court to @
able 1t to pass upon this very impoI
ant matter. which affects the who