Show MAY EXGlUOEPUPllS Vaccination Case Decided by Supreme Court J BOARDS ORDER IS SUSTAINED II I I In Mandamus Proceeding Brought to Test tho Question of Authority i to Exclude TJuvaccinated Children from the City Schools the Court r Hoverses the District Court Judgment Judg-ment and Ore r the Dismissal of the Case Judge Baslcizi Tiles Dis senting1 Opinion Tho Supreme court handed down an i opinion In the mandamus suit of tho I r State ex reI John E Cox vs the Board 1 of Education of Salt Lake yesterday I in which the authority of the board to I exclude unvacclnatcd children from tho I public schools Is upheld The opinion which Is written by Justice Minor and concurred In by Chief Justice Barlch reverses tho Judgment o Judge Cherry who held In the lower 1purt thlt the board had exceeded Us l authority and ordered he Issuance 6f c writ of mandate man-date requiring the board to admit the unvacclnatcd daughter of the relator I to the Hamilton school L Justice Bas kin flies a dissenting opinion In which ho holds that the action ot the board I was an attempt to make vaccination compulsory and which he contends cannot b6 done In the absence of express 1 ex-press and Implicit authority from the Legislature 3 ThC Board of Health It will he remembered membered Instructed the Board of Education Edu-cation to enforce the rule making vaccination vacci-nation necessary for admittance to the schools and thIs was attempted The r ole question for determination was whether or not the statules conferred Kiich authority upon the Board ot HtalthDECISION DECISION OF THE COURT Justice Miner who writes the ma S Jorlly opinion cites the various provisions pro-visions of the Revised Stntute2 relating to tliL organization and duties of local boards of health among which Is section S sec-tion 21 l which among Local hoards of health shall have Juris diction In all nmllor porlalnlng to ihc 1 proxorvntlon of iho health < if those In at undanro upon tho public ind prlvito prvato schools of tho Slate to which end It Is I hrh mndo llu cut of oach of iho local bonrds of health J = To cxoludo from S Bald schools nny person Including touch rs suffering with any contagious or InS In-S fcctlbus disease whether acute t or I chronic or liable to convoy such disease to those In attendance I In the sam connection the city ordinance ordi-nance granting to the Board of Health the authority to effect such health I measures as It may deem expedient for preventingthe spread of disease Is also I S S cited Justice Miner then holds That under un-der section 24 the Board of Health had I the power to preserve the health of I those In attendance upon schools and to exclude from school any person suffering suf-fering with contagious disease or who 1 was liable to I convey such disease to S thoso In attendance upon said school MEANS OF PROTECTION S Justice Miner also points out that many persons were suffering from Bmallnox at tho time ot the boards 5 action and that vaccination Is shown to bo the only safe preventative of the S disease recognized and approved by medical science and by governments throughout the world I To allow children from all parts of the city to congregate together at S f school the opinion then says would fem 1 ready way to communicate the i disease to others Exposure to the disease i1Li dis-ease may come to the child without its 1 knowledge and when least expected When Infected the child may communl cate tho disease to hundreds of children I tSi Si chil-dren before the patient is J aware that S she Is Infected with U Under such I c circumstances the rule excluding all unvacclnated pupils from attending and meeting together In the public schools is not only a reasonable regulation of IiI the Board of Health In aid of the promotion tSJ I pro-motion of the public health but justified justi-fied by u reasonable construction of the 1n statutes ot the State which empower otb tim board to exoludo those who are 3tt liable to convey such Infectious diseases 1ir a8 smallpox to those In attendance thereon e In support of the opinion many cases S nart are cltod In which statutes and ordinances S OCIii3 s ordi-nances excluding I unvacclnatcd children from school have been upheld by the courts curts S tor The case Is accordingly remanded S i with directions to the lower court to s overrule the dcmurior to the answer deny the writ and dismiss the com zei 1lantJUDGE JUDGE BASKIN DISSENTS 1 Justice Baskln bases his dissenting O N opinion upon tin ground that section I I I 21 l does not authorize the exclusion l L from the schools of unvacclnated children r I nnd chil-dren but was Intended to apply to Individuals d In-dividuals aifeotod with the diseases mer monllonod and to such other persons who by reason of having been In nome sto C way dlrectly exposed tVrhc conftiglon or Infection mentioned were liable to Immediately Infect others by associating associat-ing with them v v4J S In support of his contention that section 5 sec-tion 21 Iden not grant the power I r < claimed for It In the majority opinion L 1 Justice Buskin says that section J lO S S Revised Statutes makes It the duty of I I Incorporated cities and towns lo nstnb I S S llsh by ordinance u hoard of health and I tes swtlon HOT makes It the duty of the t cities and counties to establish by ordinance j ordi-nance necessary sanitary rules and regulations reg-ulations latons J J S Justlco Buskin then argues that the I rl glRlature having delegated this authority 1 t au-thority to the city to inikn rules and n I i regulations It cannot rodelegute It us S S I has been attempted fnthe ordinance I 5 I referred to In the majority opinion S at t he statement of the majority opinion I r opin-ion J that vaccination IK shown to he the I 9 i only safe prcventatlve recognize and 95 approved by medical science IP takon r it Issue with Justice Baskln Insisting 5 1 that It IH frequently Incfllclcnl In 5 t1M f uenL lnctcenl II I t concltiHlon Justice Baskln holds that j I tine action of the board VHS an attempt tlflit tH Indirectly to snake vaccination compul lnUe directly pory and that this cannot bo done S rectly or Indirectly In the nbsanco of V explicit authority o of the Legislature |