The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-10-04
VACCINATION
CASE SOON TO
. BE IN COURT
State Now Preparing Brief in
Defense of Judge Buttz' ~
) Decision.
INTERESTING CHARGES
Petitioner Says Vaccine Lymphs
Causes Disease; Also
Has Scruples.
INTERESTING CHARGES

The supreme court will be asked
within the next few days whether the
legislative assembly of 1913. had any
legal authority to enact a statute MAX
ing vaccination Of school children
compulsory; whether the North Dako-
ia board Of health had any legal right
in November, 1913. to pass resolu.
ton 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 deleteriOus 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 persons 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
er incurable and loathsome diseases y
The actio (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 +. Rhea, asked
for a writ of rmandamus. compelling
the city board of education Of Devils
axe 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 G.. w. Buttz 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-
r ing the care, custody or control OF
any minor or other person shall cause
said minor or other person to be vac
cinated." r..
This provision, the petitioners and
appellants holds, Is "illegal, unreason-
able and void. 1t is alleged that vac
cination is imperative after seven
Years and that the law does not re-
quire revaccination nor does it COM
pei pupils over 21 years old in the
public Schools to be vaccinated.
The affiant 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 it's provisions that he has con
scientious scruples against vaccina-
tion.
The defense. which consists of the
board of education of Devils Lake and
the state board of health, represented
by Cuthbert & Smythe of Devils Lake,
Attorney General William LANCER and
Rollo F. Hunt of Devils Lake, upholds
the constittuionality of the legislative
act of 1913 and the legality of the
resolution adopted in conformity there
with by the state board of health. The
defense ''believes that Lawrence F.
Rhea has non conscientious scruples
against vaccination and that he
would be vaccinated and present
certificate of vaccination if his father
permitted" .-,a...-.
The defense denies that vaccine
lymph causes disease, although 1t adj
mits that in rare and exceptional cas-.
es death has been traced to it's use.
1t holds. however. that such cases are
oyershadowed and outweighed by the
permanent good accomplished by the
control and practical eradication OF
smallpov Assistant Attorney General
Foster now is completing the states
brief. The brief Of the petitioner and
appellant has aready been filed by G.
w. Young of Park River. wi. M. Ander-,
son Of Devils Lake and Fred H. Hart
well of La Crosse, Wis, counsel for
the DetitiOnerS ~. ..