The Bridgeport evening farmer., 1913-08-12

Lawyers do not know the law-at
 the best they only know where to find
 it. Most lawyers are under the inn
 pression that the Board of Health, un-
 der the so-caIIed Police Power, has
 the right to vaccinate even against
 your wishes
 When the doctor of the Board of Health comes to your house, with his
 big protecting policeman, to vaccfnate you and your family, what are your rights, under the law? Of course, If you. are in favor of vaccination, you
 let him vaccinate. But assuming that from your study, reading and ob- elusion that you do not want to be vaccinated, and do not want your family vaccinated, because it does not protect from small pox, and every time one is vaccinated he takes the risk of tetanus (lockjaw), syphilis. cancer and other diseases end even death-because all vaccine r4fus con tains bacterial taint-what should you do, and what may you do?
 Blackstone in his Commentaries said: NO laws are binding on the human subject which assault the body or violate the conscience. The right of personal security consists in a per sons legal and uninterrupted enjoy ment of his life, his limbs, and his reputation. Both the life and the limbs of a, human subject are of such high value in the estimation of the law that it pardons even homicide if committed in defense of them or in order to preserve them"
 Vaccination An Assault.
 New York State is typical of prac- tically all the States of the Union in reference to vaccination. The only law in New Y ork on the statute books in reference to vaccination is that, in order to go to schooI-that is, public school-a child must be yaccinated. You will immediately note that there is nothing about children who go to private school, or who are above school age, and there is nothing about adults. Boards of Health may have rules about vaccination in epiden1ics and at other times, but they only rules without the force of law.
 In the case of Smith versus Health Commissioner Emery, the question of vaccination in New York was given it's death hblow. Smith had been quarantined because he refused to. allow himself to be vaccinated. He applied to the Supreme Court for a writ of habeas corpus, setting forth that he was imprisoned and restrain 1 sd of his liberty at his house in the 1 said City of Brooklyn by the direc- -ion and order of the Commissioner of
 
 10 contagion and was not afflicted with any contagious disease.
 The Commissioner, in his answer, l stated that for several months small 1ox had been epidemic in the city; l hat as he was informed and believes, before being detained in quaran- inc, he (Smith) was engaged in the of the express delivery business in said city, and in it's worst Infected districts; that the business in dudes the carrying of household fur 1iture and other articles which may come from infected centers and be infected with the germ of smallpox; Lnd that Smith was unusually expos d to such contagion and it Was of pecial importance that he should be vaccinated at once, and that he was letained in quarantine because of his efusal to be vaecinated. The Court le1d that though every local board If health is required to guard against he introduction of contagious and in ectious disease, and to require the of all persons infected with nd exposed to such disease, yet to ustify such isolation the fact must ex- st that the persons are infected with he contagious disease or have been xposed to it. No authority is given " said laws to said health commits ioner to quarantine any person sim fly because he refuses to be vaccin- ted and to continue him in quaran- inc until he consents to. such vac- ination.
 The Court further held that though mith went through the districts where smallpox was, still that could tot be considered exposure to small Ox, and the fear that he might carry Infected articles is not enough; and, urther, that there was no right of ompelling any one to be vaccinated.
 One case in the Supreme Court of lew York held that vaccination gainst your wishes is an assault-in ther words, in the same category 7ith the use of brass knuckles and he slung-shot. That Compulsory Vaccination Law.
 The Thorpe case has a good many , interesting features to anti-vaccina- ] Ionists. Herbert A. Thorpe of 'rinces Bay, Staten Island, sent his wo children to school with a letter ! part as follows: T am sending ou my two children, both in perfect ( eaIth, for schooling. Children have ( cen vaccinated without the parents ' onsent and often without their , My children must not e vaccinated, and I will shoot dead ou are the principal I will also hold 2 ou responsible" Needless to say, in- smuch as the children were not vac mated, they were sent home. Later ( le Board of Education, upon mak- I lg inquiry of Thorpe, were inform l that he was not giving, them the {