| Show sA YS BOARD IN GOOD FAITH FAIT Judge rY Hears Arguments I Ith In th Co M Case CaseI OF b SChOOL I r j I nix Arraj Arll or of Wi b La lor To The elton ot Of John E EC i C Cox x for to compel th the board r ot of to to the s ho l E B who IS no Tuesday he ehe tailed to present evidence et ether Ie hr her vaccination cate Ut up before Jud Judge Cherry today on I n general demurrer to 0 time the answer The Tho ho appeared for Ul Us petitioner we were lennett Sutherland d Von Cott Powers 11 DJ 13 Va Varlan VAnan nan represented defendant the br board The o west bait ot tl hO cur court rom room was sd while withIn th enclosure st sat 1 1 t and anda a few tew member of the school bOn and a number ot well el known Indie ladies ad gentlemen Tm TUE BOARDS ANSWER ANSWERS S To The answer ot of bord filed e this alleges eA tM existence or of th the stat and munIcipaL beards ot of lelU health with o on them by law to 10 make and sch such regulations as mabe may be deemed proper r to for tM time pr pro of sPI d ot of smallpox o or any other other or infectious dis disease ease It is then out tha that the tho br board has ha no course oUrs than to obey time tho health authorities I It Is further set at out that there are largo numbers r or of 1 people le In inthis this city who nr arc not only opposed to vaccination but io nr are op opposed opp e to any kind or of melc medical tl 1 treatment or of In any dl a The An n Vac ae Igue 1 Is referred to and which I Is alleged is b doing its best i to hinder and delay the board of in t te e effort rort to stay le the progress or of Defendant cn con concludes b alleging It hal has acted In good faith an Iely I iz accordance wih with A a ne ot of dut duty MR VAN YAN COT Coil 11 15 OUT Mr tr Van Cott began hi hil argument by reading from the Helse Statutes or of the othe tie state stat and JW cl r t m 19 u nr o that hA nowhere was a then ther al any DOWe power cOn ferr d U upon D te the Sta State board of r helth health or any local board ot of to lh nn any rule or regulation n debarring children from admission to the public schools b by ton reason or Of not net being noted Neither was there to be found In an any pf f th the statutes ot of the State an any specifIc conferred UPon uDon army any boar board ot of health StAte or loat local to cor corn pel Pei anY apy citizen to subject himself to the tho Inoculation or of virus Ir or to be vuc ne tc Nr lr Van an Col Cott argued d that time Ule statutes did not confer upon the boud board of education po pow power er to compel vaccination of students neither did the boarI have hae tny any right to VI pass a rule or regulation prohibiting from attending the distrIct schools The stat not make I It the ditty or of directors to boards o et ot of boals School bos had no health powers neither had the health br board ben been wit with judicial powers er I It vas 1 simply 1 an admInistrative bedy Counsel Quote quoted numerous authoritIes and cited n a number or of decisions In sup SUII port pert at 01 hi his position ReferrIng to time tH CIO case at bar Mr Ir Van Colt Cott ni said the I school bd board acting under an order or resolution or of to the lol local board or of health mate made an order applicable to aU all rn in the dIstrct district requirIng that all pupils should bE be vaccinated before ad to anY Public school Forence Florence B 1 Cox ha imad been refused to the Hami ton l because se e hall had tailed and refused t to comply with the order her rather father the not believing or In vaccination When rou exclude thoe those with tny any c or infections en ease whether hether acute or said Bald Ir dr Van cott tt that Is the tho end of the tho lol local bar board of authority Con Can cOunsel said It had not ben been shown tha that Florence Cox was suffering with disease or that t she wa was lible liable to con convey n a d disease eso to others The ont only reason offered fat her exclusion was 1 because sh had not presented a clr U successful Ta In conclusion Mr rr Van an Col Cott said the tho right or ot of attending the pub Ic lie schools was 11 Jen given b by ta law to err every chIld ot of proper age In the city and timers there as nowhere to bo be found Cound any pro provision vision Islon of Il law prescribIng as asa I a condlon condition precedent to the exercise ot of this II tight ht A Its to whether heth the Legis lature had bad the power to make such SUell a aI I requirement t not Wa was not the ques had ton tion not I it done vas so 80 to know tat that I It MR V S ARGUMENT Mr Varian for tor the defendant tel ol lowed rr r Van Yan Cal Cott and en enable able argument In behalf half or of the vacel nation An n nce of f existed In tio tho State or nn one was apprehended b by the tho helth health authorities Te The disease existed In towns of t the State Slate and andal andall al all thase were with SI Salt Lake City by trains Nc etc lh ten then t the statute giving the health board authority to take the n cl steps tep ind and In protecting the belh health an and I lire vel ot of the people Time The hoad board of health had Instructed the boar board ot or education to exclude from the schools 81 all children The chool cho l I board justified It its I net act of excluding pe petitioners chIld antI other children p al on the ground that the tho boar board of health I hail harl adopted the rules rulea concerning vao ao The Tho justification or of tle the board boaM ot of health was 81 the existence ot of In t the e clr city Time The sChol sChool board ard coun counSel tl had the right to exclude from the public u lc schools school I not only per poems Infected but those thoe likely to be In infected Borne Somo ot of the cars cases cUed cited by Mr r a an Col Cott ot of being against the tie lIe connel counsel contended were In ii its favor A few rew It wa was further lue argued were vere not authoritAtive I as against the call casu at bar TIB TillS Attorney r ar arIan 1 Ian nd Ju Judge HwA 8 IossI I S l t to foe I the relator Te The matter wi wiil bo be before court adjourns this evening Ind and I it Is expected that Judge Cher Cherry 11 viii announce hll decision cither er cr or Monday |
