The Barre daily times. (Barre, Vt.) 1897-1959, 1909-08-24
State Board OF Health Power
Says Court
AGAINST ST. JOHNSBURY
Latter Corporation Had contended That
State Board Had No Right to Pro-
hibit the Furnishing Of Pas
sumpsic Water.

The Vermont supreme court hiss rem
dered decision sustaining the state
board 81 health in is appeal IN ehauoery
against the village Of St. Johnsbury. pro-
hihiting the furnishing and use Of con-
taminated water from the Passumpsic
river for domestic purposes on the
ground that il endangered public health.
The village OF st. Johnsbury contended
that no probibitive order could be made
by the state board 81 health and that II
could not punish those who used the
water
The courts opinion IL as follows;
aAs to personal liberty. our bin Of
rights declares that government is Or
ought to be instituted for the common
benefit, protection and security Of the
people, nation, or community, and not
for the particular emolument or adysn-
tage Of any single man, family or set
Of men who are a part only Of that com
munity. Closely allied to this funda-
mental proposition is the further deela-
ration that the people Of the state BY
their legal representatives have the sole.
inherent, and exclusive right Of govern
ing and regulating the internal police Of
the state This right the state did not
surrender when it became member Of
the Union. but retains It still; and that
right, to say the least, embraces such
reasonable rules and regulations, estab-
lisbed directly BY legislative enactment,
as will protect the public health and the
public safety, And the state may in.
vest local or state boards created for
administrative purposes with authority
in some proper way to safeguard the
public health and safety The way in
which these results are 10 be accom-
plshed IS within the discretion Of the
state, provided the powers and functions
Of the general government are not there.
BY infriuged, nor any constitutional pro-
vision OF the state nor the United
states.
We come now Ia consider more espe-
eially what personal liberty is as secured
BY constitutional provision; and on this
question we refer to Jackson vs.. Massa-
chusetts. la7 Z. S. II, 25 Sup Ct s5s, 40
n i. Ed. 64a. which afirms TIE legality
Of compulsory vaccination for the pre-
yeution Of smallpox. There the plaintiff
il error insisted that his liberty was
invaded when the commonwealth sub
ieeted him to fine end Imprisonment tor|
refusing 70 submit to vaccination; that
the compulsory vaccination law was UNI
reasonable, arbitrary, and oppressive,
and therefore hostile to the inherent
right Of every free man to care for his
own health IN such way a. to him seemed
hest; and that the execution Of such
law was nothing short Of an assault
upon his person But the court said that
the liberty secured BY the constitution
Of the United States 10 every person
within its jurisdiction docs not impart
an absolute right in each person 10 be
at Eli times and in all circumstances
wholly free from restraints to which ey.
cry person IS necessarily subject for the
common good; that on any other basis
organized society could not exist with
safety to its members that society
based To tile principle that every man
is law unto himself would soon be
confronted with disorder and anarchy,
that real liberty could not exist under
the operation Of principle that reeog-
Mics the right Of each individual person
to use his own whether in respect Of his
person or his property, regardless Of the
injury that might be- done to others;
that the court had more than once rec
oenzed it as fundamental principle /
that persons and property are subject
to an kinds Of restraints and burdens
IN order to secure the general comfort,
health and prosperity Of the state 81
the perfect right Of the legislature to |
do which no question was ever raised
nor on general principles ever can be
raised so far as natural persons are
concerned It is said in Crowley vs..
Christensen. ISL II s. 81. II sppt. O.. |
10. "a i. Ed. 500 that the possession
and enjoyment Of all rights are subject |
to sueh reasonable conditions as may be /
deemed by the governing authority es.