Omaha daily bee., 1917-03-29
CONNELL TO JUDGE
IF EPIDEMIC EXISTS
No Showing of One at Sara
toga, So Could Only Keep
Children from School.
COUNCIL TO BROADEN LAW

Judge Leslie sustained Health
Commissioner Connell in the main
points of suit brought by residents
of the Saratoga school district, in
connection with posting Exposed to
smallpox" signs and excluding chill
dren from school because OF refusal
to submit to the scarihcation method
of vaccination.
The judge, however, expressed his
opinion that the exposed" signs
should not be posted except in case
of an epidemic, which he ruled was
not shown to exist in this instance.
He recognized the broad powers of
the health commissioner in protect
ing the health of the city.
Corporation Counsel Lambert will
prepare an ordinance to authorize the
health commissioner to post "ex-
posed" signs whenever in his judg
ment such signs are in the interest
of the health of the city, and to cover
such cases as recently caused the
trouble in the Saratoga school dis
trict.
1NS~S6bA1SS SSea
Judge Leslie recognized that the
scarihcation method of vaccination is
generally accepted and ne conceded
to the health commissioner the right
to insist upon that form of vaccina-
ton.
In view of the fact that the time
for removing the exposed to small
pox" signs from the homes of the
complainants will expire on Thurs
day, the judge said he would not is
sue writ asked for by the plaintiffs.
During his oral opinion on the case
the judge said:
81 don't think anybody is contend
ing that we have a compulsory vac
cination law in this city. The health
physician does not take that position
himself and does not take the posi-
ton that he has right to compel any
one to submit to vaccination. The
position taken is that after a pupil in
school has been exposed to smallpox,
that he may require that pupil to
either be vaccinated or absent himself
from school during the time within
which he could take the disease from
that exposure, and | think he says
that that period is about twenty-one
days. He has held that they must
take the vaccination that is known as
the scarihcation method, whether on
the arm, or leg or some other place
on the body. | am inclined to think,
in fact l feel very sure that the legis-
lature and the city council have con-
ferred power upon the city physician
and the head of the health depart
ment to make rules to prevent the
spread of contagious diseases in the
city, and | think that DR.. Connell has
authority to enact and adopt such
rule as that requiring pupils who have
been exposed to smallpox to either
be vaccinated or absent themselves
from school during the incubation pc
riod."
The judges written order, which
was entered in the court records,
reads as follows:
There Is no compulsory vaccination law
in this state. The city health department
has never contended that there was, and
has never undertaken to compel children
have insisted upon is that after child at
tending school has been exposed to small
poX that he must either be vaccinated or
absent himself from school during what
is called the incubation period; that is
10 say, the time within which he might
take the disease on account of exposure.
This is not an unreasonable rule Were
the city physician to do less, l think he
would be derelict in the performance of
his duties. The Legislature and the city
council have, in my judgment, conferred
upon the head of the department of health
authority to make and execute reasonable
rules to prevent the spread OF contagion,
and in making and enforcing this rule re-
quiring pupils either to be vaccinated or
absent themselves from school during the
incubation period, the city physician 10 act
ing clearly within his authority.
As to the signs Exposed to Smallpox
that have been posted upon houses wherein |
children reside who have been exposed. l
am inclined to think that the health de-
partment has no authority to place sucn |
signs upon houses in which such children re- |
side.
The city council, by ordinance. has pro- |
vded that whenever notice is given to the |
city physician of a case of scarlet fever, |
dphtheria membranous Group, smallpox or |
other contagious or infectious disease, he
shall cause a placard with the name or
the disease to be placed in a conspicuous
place on the outside of the house, which |
placard shall not be removed except by |
order of the commissioner of health. Since |
the council has by ordinance provided THAI |
only houses within which these diseases |
actually exist shall be placarded, l think |
1t was clearly intended by them that none
other should be; and therefore / should |
hold, with regard to the placing of these |
pacards Exposed to Smallpox" on hous
in which there are no cases of smallpox |