Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1912-06-04

| prisOnment of those who refuse to be
vaccinated. Life, liberty and property
are inviolable, except as affected by
express law and due process of law.
Arbitrary power is abhorrent to our
system Of government. If the legis-
lature desired to make vaccination
compulsory it would have so enacted.
| Whether it be within it's power to- do
so, and If SO, by what means it may
enforce such an enactment, are not
for discussion here.
| Il charge you, gentlemen of the
Jury, that the courts Of this state in
tconstruing the authority and power so
conferred on local health officers who
are the executive members of the
board or the local boards, have held
that there Is no warrant or authority
in law for the compulsory vaccination
| OF any individual And I charge you
Furthermore in connection Herewith
that inasmuch as no authority or pow
er is conferred for the compulsory
vaccination of any individual that the
| health officer had no authority or
power to seize an individual and re-
| move his clothing for the purpose Of
ascertaining whether he had been vac
| cinated or not
If you find that the plaintiffs story
or version is correct, that he was bod
! lily assaulted and taken from this mo-
| tor car by Cruise and King, and that
| against his will and against his con-
sent he was vaccinated, and that the
| defendants assisted in so doing, then
you may render and determine in his
favor verdict for such damages as
in your judgment will amply compen-
safe him for the damages and injuries
that he has sustained" -
In 1903 Judge Woodward, of the
New York Appellate Court, in the
Viemeister case declared that 1T may
be conceded that the Legislature has
no constitutional right to compel any
person to submit to vaccination" AS
further expressing the same principle,
the Supreme Court of Massachusetts,
in the case Of Jacobson in 1904, said:
If person should deem 1t important
| that vaccination should not be per-
formed in his case, and the authorities
| should think otherwise, it is not in
their power to yaccinate him by
| force"
In a Chicago case, the Illinois Su-
preme Court in decision said: This
case is an attempt to have Writ of
Mandamus Issued compelling school
board to accept as a pupil a certain
child that has not been vaccinated.
This Court does not find that healthy
child Is danger, or menace to pu-
pills or teachers. Therefore, to de-
prive him of school privileges 10 to
do him wrong and an injustice In
the case at bar the child is not on
trial. OF himself he could never be
to be vaccinated. All of his instincts
are against the operation. This Court
does not attempt to decide whether
vaccination is a prophylactic against
disease-we merely hold that it has
not been shown that healthy child
Is menace or danger to his fellows.
That the young shall be educated is
very desirable; and the attempt to
deprive certain children of the right
Of public school advantages Is very
serious matter. The dangers arising
from ignorance and idleness are quite
as imminent as those arising from
smallpox. ...
ITO use the leverage { coercion or
Intimidation, with parental love as a
tulcrum and thus force parents to do
certain things against their con-
science, is neither ethical or equita-
BILE. AS legal resort, it is unjusti-
fable.
Counsel has intimated that while
the child may not at present be a
danger to his school fellows, yet the
fact that he has not been vaccinated
will. in after years, make him a dan.
ger to society.
This is too anticipatory for this
Court to consider. but granting the ar
gument, we do not see how the en-.
forced illiteracy and ignorance Of the
child Is going to unit the dangers OF
infection, if unhappily he shall at
ooAlC iuIuIS Will dCL Z.
Let the Writ Of Mandamus be issued"
u this connection it is only right
and proper to recall the fact that ju-
ries in numerous cases have rendered
judgments for damages for forcible
vaccination committed by health Off.
GERS and doctors. This should serve
as warning against all such illegal
attempts to force vaccination on any
man, woman or child, under any pre-
tense. against free will and consent,
Or by any show of force, intimidation
Or coercion, and show all citizens,
however humble, and al parents OF
school children that they need no.
submit to any vaccination or re.vac-
cination unless they shall freely
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