The Barre daily times. (Barre, Vt.) 1897-1959, 1917-07-31
BOARD OF HEALTH
is SUSTAINED
Chautauqua's Injunction is Dissolved and
Original Order Forbidding Holding
of Chautauqua Entertainments
Is in Full Force.


the justices of the federal circuit court
of appeals.
The bill in chancery to enjoin the en-
forcement of this order was brought by
the Community Chautauqua association
on the ground that II was an unreason-
able order and without the jurisdiction
of the board of health because it applied
to communities remote from the infan.
tile paralysis cases. Judge Harland B.
Howe of the federal court issued last
week restraining order against the en-
forcement of the board of health order,
except in places where cases of infan-
tile paralysis existed. Judge Houghs de-
cision vacates the restraining order and
leaves the order of the board of health
in full force.
The Chautauqua was to open at Nor
| risville Tuesday and also at Randolph.
The members of the state board of
health were present at the hearing and
were represented by Attorney General
Barber Alexander Dunnett of st. Johns
bury and Homer L. Skeels of Ludlow
appeared for the Community Chautau-
qua. The Morrisville subscribers to the
enterprise were represented by lawyers
Fleetwood and Maurice and the Ran.
dolph subscribers by J. C. Sherburne.
Attorney Dunnett, in presenting the
Chautauqua side of the question, held
that the board of health had exceeded
the authority vested in it by the state
legislature in the acts of 1917 in seeking
to dictate to the healthy people of the
staet outside of the infected zones what |
they should and should not do. He fur
ther argued to prove that chautsuqua
meetings were strictly local affairs and
would not tend to bring people from
distance or from an infected zone to
community not affected. Mr.. Dunnett
also spoke of the ruling as discrimnat-
ing against chautauquas, in proof of
which he cited the instance of large
tent show recently held in northern
town, and which, he pointed out, was
left entirely uncovered by the board of
health's order.
Several medical authorities were quot
ed by Mr.. Dunnett to show that polio
myelitis is carried by insects, and people
are infected by being bitten by them.
He also quoted medical authorities to
show that infection by contact is very
slight.
Thirty-six kilograms were read from
prominent people in Pennsylvania and
New York states where chautauquas
nave been held while infantile paralysis
sases were present in the community.
The contents of the kilograms tended to
'how that no new cases had developed in
hose communities as a result of meet
ngs being held. A number of affidayits
rom men in other states were also read
elating to the danger of the spread of |
due to holding of out-of j
oor meetings, which referred to the dan.
,er as very slight. {
Attorney General Barber of Brattle- J
oro used the maps and data gathered by \
he state board of health to show that
was not necessarily limited Z
n its scope of action, but that jumps
ad been taken by the disease half the
istance across the state. He said the
tact board of health had been warned
v experience and knew the consequences
nd effects of the disease upon the state
/ the past.
The high-class entertainments given
Y the chautauqua circuits were power
IL enough to draw many people from
a infected district to one not infected,
r. Barber showed, and said that the
srm theory of the spread of poliomyeli-
$ was now the accepted theory. From S
lta furnished by the experiments of
e board of health, he went on to state
lie probability of the spread of the
cad sffliction by contact. M
If, said he, "the state board of health
d not give the question the necessary
tention, it would be but short time be
fore they would have a general cpl pi
mic reaching out to the borders of en-
e state" ce
One of the strongest evidences of the ne
elings of people living in towns where wa
e ehautauqua meetings were to be held me
t which were also adjacent TO towns is
lere there were one or more cases of gri
was shown when Frederick Go
Fleetwood of Morrisville spoke on be- It's
If of the people of that town, petition del
: that the management be enjoined ma
IN holding the chsutauqua scheduled I'M
open there last night.
4 similar request was brought by the W.
ties attorney of Orange county for my my
citizens of Randolph. He said only 'ei
; case had appeared in Randolph to
e, and that was brought there by a
-ty from Morgan who had since re- ca;
ned home BY holding the Randolph
immunity meeting as planned, he point n
out, many people are sure to attend ~
m the adjacent town Of Rochester, -.
ich has many cases Of poliomyelitis- -
, people of Randolph, he said, were ,I.,
willing to take the chance. -,
fr. Fleetwood also stated that the citi- .,d
: of that town were afraid many from a.;
terbury and other infected districts hon
r by would take advantage Of the at MIA.
'tions to attend the chsutauqua. He sold
he represented the feeling Of large ana
ority Of the people Of Morrisville. cont
| quir
CONVENTION CALLED OFF. Of h