Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-23
SOUGHT AS TRUANTS
Officer After Children Who De-
cline Vaccination.
PARENTS TO BE WARNED
Castle and Henry Both Ready to
Appeal to Courts. 8
OF BOTH SIDES
Hearing at Franklin School Tomor-
row-Few Scholars Fight
Regulation.
PARENTS TO BE WARNED
OF BOTH SIDES

Mrs. E. h. Bushee District attendance
officer, today sought to find r. l.. Henry
of 314 18th street southwest, whose chill
dren were suspended from the Bradley
School because their father declined to
have them vaccinated.
She will notify him this evening that
unless the children do not go to school
within three days he is liable to arrest
for violation Of the compulsory education
law.
Mrs. Henry is emphatic in her declara-
ton, made to a reporter for The Star, that
her children will not be allowed to go to
school if the authorities insist on inocu-
lating them. She says her husband is
ready to make a test case in court il
necessary.
Both Sides Are Confident.
Pending decision by the board of edu-
cation in the case of Charles Castle,
whose two children were suspended from
the Phelps School because he refused to
have them vaccinated, neither side in
the school problem made any move to-
day.
Members of the board are insistent
they are acting according to law. Charles
w. Darr. attorney for the Anti-vaccina-
ton Society, who Is representing Mr..
Castle, is confident his client will win
his case should litigation be deemed nee
essary after tomorrow hearing.
The forces opposed to the board
of education in the vaccination case are
confident they will obtain a favorable de-
cision in court. f. H. Thomas, corpor a.
ton counsel. said he had no official
knowledge of the matter, but from what
he had read, he is of opinion that, if a
wi
tain the law and uphold the board for
barring children who have not been vac
cinated.
Corporation Counsel's Attitude.
Mr. Thomas bases his opinion on the
procedure in many states where the COM
pulsory vaccination law has been con-
tested and upheld. He says the only rem
edy for the Observation-Disclosures would be
the repeal of the act.
Not only has the Anti-Vaccination So
cfety allied itself with the protesting
parents, but the Personal Liberty League
Is interested in the row. y large audi
ence will probably be on hand tomorrow
afternoon at the Franklin School when
the Castle hearing will be held.
1t is understood the attorneys for Mr.
Castle will contend that the school board
has no authority to bar the children ont
vaccinated from their classes because Of
the police regulation on which it is act
ing.
Regarding the proposed proceedings on
the part of Mrs. Bushee to compel the at
tendance of the Henry children, Mr.. Darr
said:
II do not think the 'truant officer has
this power. The parents are willing to
comply with the education law. If they
send the children to school and they are
refused admission because of any objec-
ton on the part of the authorities, then
the truant officers Jurisdiction is multi
fed"
Mrs. Bushee said this morning she
was anxious to see the question of vac
cinatiOn cleared up. and would do every
thing in her power to help settle the
difficulty.
Despite the fact that A T. Stuart.
to have said he doubted the success of
the truant officer in attempting to
bring parents into court until after the
Castle case was tested, Mrs. Bushee is
trying to locate Mr.. Henry and serve
him with notice to comply with the
compulsory education law. She had
not found him at a late hour this aft
ernOOn.
Courts to Be Applied To.
Should no decision be reached at to-
morrow's hearing. Attorneys Darr and
Balderston will apply for a writ of
mandamus, on Monday, through which
they hope to compel the schools to
accept the Castle children.
Officials of the public school system
say they are surprised at the agitation
over the vaccination cases. They de-
clare there are but few scholars who
re kent ont of school by their ma rents