The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-23
IN AN OPEN WAR.
Board OF Health Takes Bull by
Horns.
Orders High School and Lafay-
cite Closed.
WON'TOBEY THE ORDER
Board of Education Says Schools
- Will BE Open.
Health Officers Have Overshot
Their Mark.
ORDER is NOT LEGAL.
Judge Carver Says Supreme
Court Has Decided.
Result of Controversy Over
Vaccination Question.
ORDER is NOT LEGAL.
Judge Carver Says Supreme
Court Has Decided.
Result of Controversy Over
Vaccination Question.

The board of education and the board
of health are at open warfare. The
board of health has ordered the high
school and Lafayette school to be closed
and will place guards on Monday to en-
force their edict. The board of educa-
ton says the two schools will open as
usual Monday and declares that the
board of health has not the power it is
trying to assert.
The board of health is exceeding its
authority said Rev. F. E. Mallory,
president of the board of education.
Conditions are not such as would war
rant any action of that kind. If they
can show conclusively that an epidemic
exists it is possible that the schools
could be closed but I don't think they
can show anything like such a condi-
ton They can't close one or two schools
and let the rest remain open. The
schools would have to be closed gen
orally
No, we won't stand for anything like
that" said T. F. Carver, another mem
Der of the board In 1902 case came
up to the supreme court from Ford
county in which it was decided that the
board could not exclude anyone from
school on the condition that they were
not vaccinated. There is no especial
statutory authority to provide for ex-
clusion and you would have to have
that They can't close the schools. They
have overshot their mark
Board of Health U1timatum.
The Topeka high school with its 1920
students and Lafayette with 338 more
are closed upon orders of the board of
health which met in executive session
the greater part of this morning.
The board delberated several hours
and then sent an ultimatum to the
board of education as follows:
Ina cvTa rrf,
ton has failed to execute through au-
thOrity invested in it by city ordin-
ances the recommendation of the
board of health pertaining to the ex-
clusion of pupils attending the Tope-
ka high school and Manual high
school, also Lafayette school,
And inasmuch as the said board of
health is powerless to protect the pub
lie health except through the state
quarantine law,
Therefore it is hereby ordered that
the said schools shall be closed until
the board of education shall comply
with the recommendation of the board
of health in excluding pupils who have
not been effectively vaccinated or until
the danger of the threatened epidemic
has passed.
The action was taken because the
board of education refused to exclude
students who have not been vaccin-
ated.
About 500 students of the high
school have been vaccinated, one hun
dred and fifty claim to have been vac
cinated but can not produce certifi-
Gates through various causes, while rs
others refuse to submit to vaccination
because they do not believe in it.
Six cases of smallpox are under
quarantine in the city at this time.
The board of education had a spec
ial meeting yesterday afternoon to
take up the matter of vaccination due
to the exposure of students at both
high school and Lafayette school te
smallpox The board by a vote of nine |
to one, DR.. NJ. R. Mitchell not concur !
ring. voted to adopt the following ac-
ton:
That we admit all of the pupils
now out of school by the vaccination !
order heretofore issued by the SUPER |
and that the names of those |
nished to the board of health for such |
action as it may wish to take with |
reference to such persons.
In view of the fact that the best |
medical authorities of the country be- |
lieve that by vaccination the effects of |
smallpox is lessened and its spread |
checked. the city board of health con-
curing in the above view, that We as
the city schools who have not beer
vaccinated effectively be vaccinated."
The effect of the measure adopted by |
the board of education was simply to
placed
ban upon those who failed to produce
sufficient evidence that they had sub
mitted to vaccination.
wouldn't Furnish Names.
The board, however, offered to fur
nish the names of the rs students who /
refused to be vaccinated and in addi- /
ion all those that it thought required |.
vaccination. to the board of health
I'VE don't care anything about the
names" said DR.. H. B. Hogeboom, city
physician. I'VE are not attempting to
'orce vaccination upon any one. All that
We demand is that those who have not
1een Vaccinated be excluded from the
chools. We have checked this right
Jack up to the board of education. We
ave ordered the two schools to be
losed and We are acting under the
tate quarantine law which gives US
hat right. We will have guards sta
Toned at the two school buildings to
ZEE that our orders are carried into eff
ect on Monday.
LAS far we are concerned it is to
ie understood that the two schools are
losed now. If they open it will be
With the understanding that the chill
rem not vaccinated have been exclud- {
d from attendance"
CIoseted with the members of the I
oard of health present, who were DR.. I
l. s. PIummer, president DR.. c. B. Il