Evening star., 1925-06-02
VACCINATION LAW
. FACES COURT TEST
Nine ChiropraCtors viii
Garry Case to Supreme Tri-
bunaI, Attorney Says.

Events leading up to the greatest
national fight upon compulsory vac
cination for smallpox are likely to he
initiated in Police Court here today
when nine members of the Chiroprac-
tic Research University. charged with
the violation of an act of Congress,
passed March 3. 1897. providing for
protection against the spread of small
pox, face a jury of II men sitting
before Judge Gus a. Schuldt-
Difficulty was experienced this aft
ernoon in impaneling the jury. ArSu-
ments We're waged pro and con be-
tween Assistant Corporation Counsel
McGarraGhy and Andrew Wilson, at.
torney for the defense. The prose
cutor insisted that the case on trial
was only g charge of violating the
District law and had no bearing on
the laws validity. An appeal 10 Judge
Gus A. Schuldt, presiding magistrate,
produced the same ruling.
While examining the jury Mr.. Will
son asked that each one who believed
vaccination prevented the spread of
smallpox raise his hand. Instantly
u hands were raised. At this point
the assistant corporation counsel in
terrupted, and the judge dismissed the
jury while the two attorneys argued
before him.
Finally, following much discussion.
the court upheld Mr.. McGarrag ghys
argument. and after noting an eXcep-
tion made by Mr.. Wilson, ordered a
recess of the court for an hour.
The beginning of the trial. original
~ set for II o'clock was postponed
until Judge Schuldt cleared up the
United States docket. left crowded by
he L.
Mahon. Early this morning. however,
the District branch OF Police Court.
where the case Is set for trial, began
filing up with interested spectators.
Not only We're onlookers from the
National Capital repreSe nted. bur
many from distant States. Out-of-
town newspaper men dropped in, their
editors having sensed national i'm
portance 20 the trial.
Pitted against each other before the
jury will be J. J. McGarraEhy. as
Sistant corporation counsel, represent
ing the District government, and
Judge George S. Evans, from Okla
homa City. Okla. one of the national
attorneys for the chiropractic fra
tsrnity.
Will Fight to Finish.
1t is understood that the defense
are ready TO make this a test case
10 find out definitely if vaccination
laws can he held constitutional. say
ing that if necessary the case will be
taken to the United States Supreme
Court. Both counsels have volumes
of legal and medical records to be
read. Il is understood the defense
will try to introduce evidence to the
effect that deaths directly attributed
IN in Pi
contrary to the official statement Of
District Health officer William Fowler
Mr.. McGarraghy today denied the
claim Of the defense that the pending
trial was a test case. There is no
doubt of the validity of the law" he
said. "All we have TO prove is that
these nine inmates of the Chiropractic
University were exposed to smallpox.
We do know that they refused to be
yaccinated and were confined in the
quarantine station 16 days. However,
the Government will be able to take
care of any angle that may turn up"
On February Is it was reported to
the health Office that a Mrs. Harriet
Stackhouse, a student at the Chiro
practic Home, 1S49 L street, was i'll
with smallpox. She was removed to
the pesthouse. where she ultimately
recovered. Upon investigation by
Health Officers J. 7. Sprague and DR..
r. H Ford, the other inmates of the
same house We're requested to he vac
Cinated. They refused and We're taken
to the quarantine station, and in is
days released on collateral OF SIS each,
awaiting jury trials.
The defendants are DR.. Alonzo 3.
Chatheld, head of the university; Mrs.
Annie c. Chattield, Blanch De Wolfe,
Thomas Elias, John Ffsel, Jessie c.
Jenkins, II. L. Lewis. Charles D.
Stewart and Carrie Rockrohr. All are
charged with violation of the law pro-
viding for compulsory vaccination for
those exposed TO smallpox.