Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-03-08
Reasons for Judge Cheadie's Action
in Ordering That Rule be Reseind.
ed Fully Stated.
EMERGENCY NO LONGER EXIST,
Exclusion Of Unvaccinated Pupils
From the Schools No Longer Nee.
essary in This District.

school trustees asking Tor writ Of
mandate requiring the county board
Of health to rescind its order exclu1.
ing pupils from the public schools
who did not present certificates of sue
Cessful vaccination from qualified ply
sicians, he stated that written op,u-
ion would be filed later, as announced
N the Argus. The opinion has since
been flied, and in it Judge Cheadle
makes very clear presentation OF
the reasons for his action.
The matter is one of much import.
ance to the schools Of the district,
and the decision will be read with in
terest. 1t is, in full, as follows:
The Decision.
No objection having been made
thereto, it is assumed by the court
that this proceeding is the proper one
III the present case.
i In addition to the witnesses produc-
ed on the hearing by the parties, the
court caused five resident practicing
physicians to be subpoenaed, and
heard their testimony.
The law governing this case Is
clear. There is no statute of this
. state requiring vaccination of school
children as a condition precedent to
attendance upon the public schools.
The authority for the order involved
III this proceeding is found in an act
Of 1901, in section 10 thereof. in the
following words:
1T is the duty of the board of health
> OF each county to establish for the
county, or any part thereof, such rea.
sonable sanitary rules and regulations
as may be necessary to prevent the
outbreak of infectious or contagious
disease. And perhaps in
section II, in these words:
Whenever any local or county
: health officer shall receive reliable
notice, or shall otherwise have reason
! to believe that there is, within TIE
limits of his sanitary jurisdiction, a
. case of smallpox - he shall
Immediately investigate the matter
and take all proper steps for the Il.
, striction or suppression OF such dis
: .ase. -
There is no local board Of health
in the city of Lewistown and conse-
uuently the county board of health has
. jurisdiction Of that portion of school
;. district No. embraced within the
+. city limits of Lewistown, as well as
4 Of that portion lying outside the said
J. -lty limits.
Il The only question before the coul
o for determination is whether the ex
d clusion of unvaccinated children from
Q the public schools of district No. l is
necessary to prevent an outbreak OF
8 smallpox in the said district. The rea.
e sonableness of vaccination and Its
e preventive and protective efficacy are
o conceded by the respective parties to
e this proceeding.
l. From the testimony adduced the
court finds:
l. /. That since and including last
!. autumn there have been in the said
l. district four cases of smallpox.
8 2. That there is no known case In
9 the said district at the present time
8. That the last known case was
r released from quarantine about two
e weeks before the hearing OF this pro
e Ieeding.
II 4. That the origin of each Of these
II cases is unknown.
e s. That more than 100 children are
r excluded from the schools of said dis
,rict in the city of Lewistown at thu
3 present time on account Of their fail
- ure to present certificates of vaccina
!. ton.
. 6. That there are five cases o
- smallpox at the present time In thu
!, vicinity of Forest Grove, a distance
y of about 20 miles from the city o
a Lewistown.
q Z. That all the known cases o
- smallpox at Forest Grove and else
~ where in the county are under quar-
N dntine.
- S. That no cases are known to Ell
=. ist in the county nearer to the cit!
10 of Lewistown and the said school dis
q. trict than the said cases in the vicin
TO lty of Forest Grove.
wi From these findings it is necessar
2. for the court to conclude whether tn
q. continued exclusion of unvaccfnate
pupils from the schools OF distric
No. l (which are practically tn
h. schools of Lewistown, it not bein
is shown that any other schools OF sal
is district are open at the present time
at | is necessary to prevent an outbrea
Mt Of smallpox. The responsibility d.
70, volving upon the court is of the graz
le. est character. It devolves upon tn
&C. court to determine whether this mea
le me is necessary and reasonable. /
he all the circumstances OF this cas-
ad The situation is full of embarrassment
he for all concerned. hTe law require
or that all children of lawful age an
under the age of sixteen shall atten
er school for at least twelve weeks
as each year. The order Of the loc'
be BOARD of health forbids them to q
We tend unless vaccinated. being thus
n! effect. in certain cases. suspensic
ne If the compulsory education LAY
lis which this court believes is not CO
templated, except upon approved ne
I'll. cssity. No public assemblages 9TH
an than the public schools are forbiddt
us ol subjected to any condition.
he To Induce Vaccination.
ICE After carefully considering the te
IS: timony of the health officer and 9th
les witnesses, the court finds it impos
VS.; ole to avoid the conclusion that Il
of OF der is maintained chiefly for the p'
tor pose of gradually getting all childr
ds of school age vaccinated, and there
reducing the probability and the I
tent of future outbreaks OF smallpt
use This intention is laudable. and t
ted c. urt does not question at all the go