The Devils Lake world and inter-ocean. (Devils Lake, N.D.) 1915-1920, 1918-10-16
VACCINE LAW.
TO Be TESTED

liz 0ApASuAO COu4G WILL O6 dSkSu
within the next few days whether the
assembly. Of 1913 had any
legal authority to enact statute
making vaccination Of school children
compulsory whether the North Dako-
ia Board Of Health had any legal
right in November, 1913, to pass a
resolution excluding children from the
public schools Of the state s'until sat
isfactory evidence of vaccination has
been given the proper authority" and
finally, whether. in fact vaccination sis
highly dangerous and delecterious to
health and not q 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 vaccina-
ton purposes otherwise and previous
ly in good health are frequently in
noculated with and become sick and
unhealthy, from syphilis lockjaw,
cancer blood poison, leprosy, and 9th
er incurable and loathsome diseases"
The action which will be before the
supreme court within a 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. Buttz in
the Ramsey county district court de-
clined to issue the permit 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 and
appellants holds, is sillegal, unreason-
able and void" It is alleged that
vaccination is imperative after seven
years and that the law does not re-
quire revaccination nor does it COM.
pei pupils over 81 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 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 constitutionality of the legislt-
tive act Of 1913 an dthe legality Of the
resolution adopted In conformity
Herewith by the state board Of health.
The defense believes that Lawrence
F. Rhea has non conscientious scrup-
les against vaccination and that he
would be vaccinated and present a
certificate Of vaccination if his father
permitted" !
The defense denies that vaccine
lymph causes disease, although it ad-
admits that in rare and exceptional
cases death has been traced to it's use.
It holds, however, that such cases are
lovershadoweds and outweighed by the
permanent good accomplished by the
control and practical eradication Of
smallpox. Assistant Attorney Gener-
| al Foster now is completing a state
Ibrief. The brief Of the petitioner and