Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-10-04
COMPULSORY
VACCINATION
TO BE TESTED
Supreme Court Will be Ask
ed to Pass on Status of
State Law.

bismarck, n. D.. Oct. 4.-The su-
IRENE court will be asked within the
few days whether The legislative
of 1918 had any legal au-
thority to enact a sstAtute making
of school children COM
ru)scry; whether the North Dakota
boarG of health had any legal right
IN November. 1913. to rass a resp
schools>of the state until sat
evidence of vaccination mas
been given the proper authority
and. finally, whether in fact vaccina-
tor lis highly dangerous and delet.,-
tous to health and not a preventative
against smallpox" and whether it is
true that vaccine lymph contains
biood cells and that through the
agency of these blood cells or other
wise. by vaccination persons other
wise and previously in good health
arr frequently inoculated with and
become sick and unhealthy from
syphilis, lockjaw, cancer blood pois-
on, lsprosy apd other incurable and
10 tthsome diseases"
The action which will be before
the supreme court within a week
o-isinated in the district court at
Devils Z, Lake in 1917 when lawrence
I. Rhea, by his guardian, William
+. Rhea, asked for a writ of man
'damus compelling the city board IT
education Of Devils Lake to admit
him as a student in the public
schools, whence he had been exclud-
ed because he could not give evil
ds,ce that he had been satisfactorily
vaccinated. Judge :. W.. Buttz in tn.
Ransom county district court declin..
ed to issue the writ IN the grounds
that the petitioner had not presented
sufficient c911So for arfion '
The act Of 1913 objected to re-
quires that "every parent or guardian
having the care, custody or control
of any MINOR or other person shall
cause said minor or other person to
be vaccinated."
This provision, the petitioners and
appellants hold, is "illegal, unreal
sonable and void. Itsis alleged that
vaccination is imperative after seven
years and that the law does not re-
quire re~-vaccination nor does it COM
pei pupils over FL years old in the
public schools to be vaccinated."
The afiant sets forth as further
reason for his refusal to comply with
this statute and with the resolution
OF the state board of health issued
under its provisions hat he has con-
scientious scruples against vaccina-
ton.
The defense. which consists of the
board of education Of Devils Lake
and the state board Of health, repre-
sented by Cuthbert & Smythe Of Dew
lis Lake, Attorney General William
LANCER and Rollo F. Hunt Of Devils
Lake, upholds the constitutionality
Of the legislative act Of 1913 and the
legality of the resolution adopted in
conformity Herewith by the state
board of health. The defense be
heves that Lawrence F. Rhea has no
conscientious scruples against vac
'cination and that he would be vac
cinated and present a certificate of
vaccination If his father permitted"
The defense denies that vaccine
lymph causes disease. although it ad-
mits that in rare and exceptional
cases death has been traced to its
use. 1t holds. however, that such
cases are SO are and exceptional that
they are overshadowed and out
weighed by the permanent good ac-
complished by the control and prac-
teal eradication Of smallpox. As
sistant Attorney General Foster now
is completing the states brief. The
brief of the petitioner and appellant
has already been filed by G.. W.
Young Of Park River. w. M. Ander-
son Of Devils Lake and Fred H.
Hartwell of Lacrosse, VIA, counsel
for the petitioners.
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