Show SCHOOLS OPEN TUESDA Only Vaccinated Pupils will I be Admitted I ORDER APPLES TEACHERS I Board of Education Reconsiders For Vacci mer Resolution Regarding nation and Rcpacses it with Some Pupils Principals and ChnngcsPupls Plincpas Teachers who are not Provided with a Certificate from a Qualified Practitioner or from the Board of Health will be Excluded The Boaid of Education at its meeting i meet-ing last evening decided to open the public nchoola on Tuesday morning I next and to exclude all children principals prin-cipals and teachers who arc not provided pro-vided with a certificate from n qualified medical practitioner 01 the Board or prcttoner Health that they have boon vaccinated I At the meeting all members of the board but Bambergcr were pre enl The subject was introduced by the from Attorneys reading of a communication torneys Dan C Harrington and Powers Slraup Llppman on behalf of tho anllvacclnallonl8ts protesting against the board excluding unvaccinuted children chil-dren from the schools The communication took the form of n legal opinion on the pocr of the Board of Health to order unvaccinated children to be excluded It being contended con-tended that such a course was not necessary ne-cessary and that the board had only power to make such rules and regula lions as arc necessary for the preservation preserva-tion of public health and 1L as also contended that tho excluding of unvac lnated children was an infringement of the < constitutional rights of those who do not approve of vaccination RECONSIDERATION CARRIED Crltchlow moved to reconsider the I resolution passed by the board making vaccination a requisite for admission to the schools mainly for the purpose of amending the clause which read shall be required to give evidences of < gc recent vaccination by eliminating the word recent Moylc seconded the motion fdr another an-other purpose he said The motion to reconsider prevailed The board took a recess for fifteen minutes and then Crltchlow presented the following new resolution Whereas Smallpox now exists In tho city of Salt Lake and a peathouso has boon established und a large number of patients afflicted with smallpox are now patcnl3 IClcle quarantined therein and other patient aro quarantined at their homos In said city and W horca Smallpox Is epidemic In nearby near-by cities and towns notably In tho town Ol Eureka cites and strict quarantine regulations regula-tions are being enforced and Whorens In view of this situation tho Board of Health of Salt Law City hus commanded that only vaccinated teachers teach-ers und pupils be admitted to the schools and tho State Board of Health has In dorsod such action and < Whereas In view of tho threatened epidemic epi-demic of smallpox In this city and In tho State of Utah tho City Council of Salt Lake City ban provided for tho froo vaccination vac-cination of all persons presenting themselves them-selves therefor and for time past two weeks said accinutlon has been and will In future be administered free of charge to all pcison presenting thumselvcs and Is continuing to do HO and furnishing L certificate therefor and Whereas The regulation prescribed bv tho Board of Health of Salt Lake City is rcaponablo and proper In view of tho circumstances cir-cumstances herein set out and It Is the duty of this board to follow the directions direc-tions given to this board and Whereas This board believes It to be Its duty to open the schools to the large number of pupils moro than COCO In number num-ber as this board believes who have been vaccinated now therefore be It Unsolved That tho schools of this city reopen on Tuesday January 23 1COO Second that no principal teacher pupil or employee bo allowed to attend any school unless he or she bo provided with a certificate from a qualified medical practitioner or tho Boricl of Health that vaccination has boon performed acclnaton Third that tIme Superintendent of Schools bo and ho Is hereby given full power to enforce tho necessary rules to carry Into effect this order MOYLES AMENDMENT Moylc moved as an amendment that the schools open on Monday week to all pupils principals and teachers whether vaccinated or not Moyle argued that it would be better to close the schools altogether for the present and hold school a month later In the summer that could be done he said by not paying the teachers for the enforced vacation Wilson Do you think the Board of Health has the power to make such a demand on the Boaid of Education ns it I has done Moylc I am inclined to think so butte but-te can close the schools altogether without consulting the Board of Health Glauque took u position similar to Moyle Judge Henderson said the teachers would receive pay for the time the schools were closed and Mr Moyles proposition to hold later In te season was not feasible because the board had not the money to do It The Board f Health the Judge said had l ample power to make tho demand It had Crltchlow made a strong argument In favor of the resolution contending that the Board of llealthn order was mandatory man-datory and It was the duty of this board to obey i Closing the schools was not u proper action I was at least he argued as unjust to refuse to educate children who had compiled with tho law as to refuse to allow children chil-dren who had not complied with the law to attend school Mr Crltchlow concluded by asking the following questions ques-tions 1 Do you or tin yon not believe that the City Board of Hoiilth Is a body lawfully organized and existing 2 Do you believe that Its duty Is to su norvi c and direct In muter pertaining to public health hlc healh 3 i Assuming that time Board of Health hits no power to compel obedience to Us dlrccllons and retruhitlons do you or do you not bolluvo that It Is the proper board to 111 belo uI11 direct the Board of Education Educa-tion If not from whom or from what source do YOU think the Board of Education iltilth Educa-tion should cot Its advice in maters ol Iwalh I 1 It Is not the province of the Board of Health to advise who Is to do so9 Do you claim time rlirhl C Do you believe that tho Board of Education has tho moral rleht to refuse to follow LImo direction of tho Board or Health I Hfnlh you weroa member of the School Board wtroa take tho responsibility legal or moral of refusing to follow tho direction of tho Board of Health In n mat lreoton tor of snnltarv regulation 7 if I you did so rofiiBP and if I disaster followed could you Justfy yourself nnd Jf how S so rite Board of Health having advised and directed us to refuse admittance to tho schools of unvaccinated pupils do you iilvls ua to illnobey n Do you recojrnizo the duty resting f Iho Board of Education to keep open upon LImo school when It Is safe and proper toO ° to-O 10 50 Tho Board of Health having advised ua that tho schools may safely and prop nriv liu opened lu vaccinated t toachora ana mmlta Irl do you think the Board of Eclucu I ujls cither moral or legal ion I I has the right to close Iho schools to Urn COOO or moro vaccinated pupils in the t city JJ Via would you do under tho clr J I cunistanccs j I I cumstanccs No reply to these questions was at I I i I temPted I Neldcn spoke in favor of the resolution resolu-tion and Newman against It Moylos amendment was lost Moyle Newman and Glauquc 3 voting for It and YounG Critchlow Walker Nel I den Henderson and Wilson I t against I I Thii original resolution was then put and C3i lod by I vote of r to C those I I who voted for the amendment voting I no and those who had voted against tho I amendment olution voting for the original res I I |