The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-01-24

minor person must be vaccinated, not
excepting those who have had the
smallpox. (Sec. 425). And by gen.
era order the state board OF health
has tried to amend) the constitution
and the statute so as to exclude from
the schools a child that is not vaccin-
ated IT'S power is only ito make
needful rules to prevent the spread
Of infectious diseases among persons
and domestic animals (Sec. 400. 1t
has no power to amend either the con-
| stitution or the statute, to add to or
take from the same, one jot or
title.
In Egypt, Palestine and other semi
tropical countries, under conditions
which prevailed three thousand years.
sanitary measure, and not merely 4
religious rite. But now there is no
such reason for circumcision, for
pig, Or child vaccination; under, the
conditions here prevailing in this
twentieth century, we live in a sparse
ly settled northern country under a
constitution which guarantees person.
al liberty and the right Of every per-
son to pursue and obtain safety and
happiness and the right Of every child
to attend the public schools. II it be.
conceded that vaccination is safe
preventative Of q bad disease, tand it
is not). still children do not cry for
it and 1t has not yet become relig
ious rite. Vaccination has Dever pre-
vented any child from carrying to
school the infection of smallpox. The
disease at once takes child to bed
and prevents 1T from, going to school
In writing judicial opinion it Is
customary TO fortify it by a reference
tao authorities, that is to decisions in
similar cases, but here it Is no POS,
sible because all the judicial decisions
have been given under different stat
utes and conditions, In Europe,
Asia, Africa and in the Atlantic and
Pacific States the conditions are so
different that there vaccination may
be good thing. while in this great
northwest it might prove veritable
curse.
In Jacobsen V. Massachusetts, 1904.
1t was held by the supreme court OF
Massachusetts, and by majority OF
tie U. S. supreme court, that VAGINA
ton may be required of alt the inhab.
itants OF state where smallpox Is
prevalent and increasing. 1877 U. $.
The New York court Of appeals has
sustained a statute excluding from
schools all children not ,vaccinated.
179 N. Y. And so it has been held in
Pennsylvania and in, several other
densely populated states. It is quite
remarkable that judicial decisions do
commonly run in the ruts OF ages, re-
CARELESS of changing conditions. Thus
some two hundred years ago, in
Massachusetts, because of custom and
because it is written: Thou shalt not
suffer a wizard to live, judges were
found ready to convict and sentence
the poor women who were burned for
witchcraft. In every age and country
some judges have been too ready to
follow the example of Pontius PLATE
Ito wash their hands-and to blame
a supposed law or a precedent for
their unjust decisions.
In Illinois it is held that the legal
right Of child to attend the public
school may not be denied unless in
localities where. smallpox prevails
1877 III.
In 1908, under a statute giving the
City of Chicago power to make al
regulations and pass all ordinances
necessary and expedient for the pro
lection of the public health or the sup
preston OF disease, the city passed ar
ordinance excluding children from
public schools unless vacctnated, ant
~ xpaa hold mill and void ga ILL.,
Finally the proper safeguard Is b.
sanitation. The chances are tina
within generation vaccination VII
cease to exist N will 90 the way o
incubation, bleeding, purging and sal
ivation., The vaccinators must learl
to live without sowing the seeds o
death and disease.
Order reversed Mandamus awarded
December 10, 1918.
~ a