The weekly times-record. (Valley City, N.D.) 1912-1922, 1918-10-10
VACClNELAW
: TO Be TESTED

The supreme court will be asked
within the next few days whether the
legislative assembly of 1913 had any
legal authority to enact statue max
ing vaccination of school children
compulsory whether the North Dako-
ia board of health had any legal right
in November, 1918, to pass resolu-
tion excluding children from the pub
lie schools Of the state until salts
factory evidence of vaccination has
been given the proper authority" and
finally, whether in fact vaccination sis
highly dangerous and delecterious to
health and not preventative against
small poX," and whether it is true
that vaccine lymph contains blood
cells and that through the agency Of
these blood cells or otherwise, by vac
cination purposes otherwise and prev
iously in good health are frequently
inoculated with and become sick and
; unhealthy, from syphilis, lockjaw
cancer, blood poison, leprosy and 9TH
err incurable and loathsome diseases"
The action which will be before the
supreme court within week originat-
ed in the district court at Devils Lake
in 1917 when Lawrence F. Rhea, by
his guardian, William F. Rhea, asked
for writ of mandamus compelling
the city board of education of Devils
Lake to admit him as student in the
public schools, whence he had been
excluded because he could not give
evidence that he had been satisfactor-
lily vaccinated. Judge c. W. BUTTE in
the Ransom county district court de-
clined to issue the writ on the grounds
that the petitioner had not presented
sufficient cause for action.
The act of 1913 objected to requires
that "every parent or guardian hav.
ing the care, custory or control Of
any minor or other person shall cause
said minor or other person to be vac
cinated."
This provision, the petitioners ant
appellants holds, is "illegal, unreason
able and void" is alleged that vac
cination is imperative after sever
years and that the law does not re
: quire revaccination nor does it com
: pei pupils over 81 years old in tn
public schools to be vaccinated.
= The affiant sets forth as furthe
: reason for his refusal to comply wit
), this statute and with the resolution
of the state board of health issue
) under it's provisions that he has con
: scientions scruples against vaccina
I, ton.
The defense, which consists of tn
e board of education of Devils Lake an
n the state board of health, represente
a by Cuthbert G. Smythe of Devils Lake
q Attorney General William LANCER an
Rollo F. Hunt of Devils Lake, uphold
the constitutionality of the legislativ
act of 1913 and the legality of tn
resolution adopted in conformity Their
Is with by the state board of health. Til
defense "believes that Lawrence I
l. Rhea has non conscientious scruple
against vaccination and that h
0. would be vaccinated and present
certificate of vaccination if his fathe
0. permitted"
The defense denies that vaccir
lymph causes disease, although it az
limits that in rare and exceptional ca:
ct es death has been traced to its us
l. 1t holds, however, that such cases al
overshadowed and outweighed by tt
"a permanent good accomplished by tt
control and practical eradication {
smallpox. Assistant Attorney Gener'
Foster now is completing the state
lbrief. The brief of the petitioner an
ct appellant has already been filed by
w. Young of Park River, W. M. Al
It derson of Devils Lake and Fred F
Hartwell of La Crosse, Wis.,, couns'
0. for the petitioners.