| Show OF CHILDREN Question is Ar Argued u d Before the 1 Supreme Court Today CREATES MUCh INTEREST latter ii Takei Under lt le or otAr Ar The ho queston question as to whether the board of education his has the power to exclude oi nit children from noun the pub pubIc Ic lie schools ot t Salt take Lake Cl City came up for tor argument before the Supreme court to tolay a upon the mandamus BUl suit of John li E Cox Car Varian arla appeared In behalf or of the he defendant boor who I in also the appellant and Dennet Uennett larkie Sutherland Van an Cott Hat rington Snow and Powers and relator Mr Ir Cox Car Moh Much interest was S manifested In the proceedings the he court ourt rom room being crowded wih with a large number of wel well known ladle Indies and gentlemen I It I be remembered that Mr Ir Cx tho lie court for tor n a writ ot of mandate the betted to compel It to admit daughter Florence to the HamIlton 1001 Amon Among other le he alleged that hIs child wu was n not t from nn any wn von or infectious disease o and that thu her loi the school chol 0 ott the tho 3rd of January WI was wrongful and nd contro to law lawAn lawAn An alternative writ waa 01 granted by Judge Cherry and upon the return do dothe day the booed b by HI attorneys The Tho board contended contend that tha tho thio disease or of smallpox WI was contagious anti In and included types ot of th the most malignant nod And deadly character r The only known p prevention enton and approved b by medicAl eel sel once answer alleged vaa a vaccination or on art per ter eons ons or mat I I The answer then went to 10 that I I tast lall smal smallpox x WiS was brought i into m Mortana and spread i i rapidly until th the State author Ie tearo the disease lla mIght become I epidemic In lists clr city The a of at the State and local boards of at health I I were then le set out and the exclusion of I nt children n tom from the school I tn in I accordance wih with the resolution by t the city boar boatti of health healthA I A demurrer WA wat to the I answer which after r ot or ar cj 11 was sustained by Judge I Chet when nhen tor the bor de J dining to amend and electing to sUd stand b by the return and answer anwer final judg j merit was 81 given And the for writ rit Issue issued gen arguments Were similar to w those advanced d In the court below Chief Justice Hartch announced cour that the matter would be taken under ad advisement and a decision rendered later r i |
