| Show I RIGHT TO ATTEND Board of HI Has Authority 1 Ic Excl Children counS SO lakes lactic UI lie I I I 11 Lilies h 1 a fh n Th la 1 b tt the lr board of ht health b bu UI the right under the law to prescribe u and etore enforce the rul rule eX en eXa children n r I If the f a an dUring tl the t mal x 15 e by the Supreme I cr court tl today a majority rJ of the mb members holding that tbt the statutes under which tb the rule c of the br board w was J do dooe doss oe tb tbs authority to exclude pupIls tm from when II in the o of I deL t the b board requires such uch ae e eu u deLThe T The opinIon w was andr rendered La In the cU cas casI I of the State tal of Utah ex en ri ret John 1 Z C cos vs tl the bt of eu edu atlon of Salt alt La Lake ct City aad Samuel Dogey Doey principal of f Ua the pp 0 CA CAThe CASE 01 The t hi ll this cis petitioned th the Ti Third district curt court tr for a writ of mn man mandate date directed against t the defendants tl to compel tm them t to admit It II his daughter Jorn Florence to 10 school U a pupil Jl lii p PC Won among other ti alleged that tbt bl his child w wU In ld sound health In Ivry every particular and nd nt not from any aay contagious or l dl a ti that when hi his child herself at the school on January 21 S she he was a for tor the reason that tbt she ll hall had not ba been vaccinated Judge Cherry I no alternative wrt writ and Ind upon the tUrn day the defendants and nd showed cause against the writ They alleged lele te the action ul of th thc leal bard board of health balth In adopting and to the Ibe br board ot of education I a on which after reciting the eilt nce of smallpox In the elt city and I Its dI dati geis fr directing It to enforce the rule ro cc a certificate or of Vi vac fm from a 11 medical or the Iel local bar board of 01 hath health before any ny or pupil b be admitted to hol also alo claImed t to have t ll In lo good faith ml n solely In alce wih with a Rn nae of pubU public dut duty t was t to tl the ma J c Judge Ie berry 1 and I wI I s to ei m t r mad inset t 1 W cb JustIce JM MIMI who 0 d spin 10 Ion of t the c court ater alter pie C 0 01 t the statute Imp empowerIng fl flo toast boIu of health to preserve the belU health h o ad finds from rum the tue ar argument of the a case that no question we al rt raised as to the tbt that last lut Janu January a ary for tor the b board o of health to exercise Il Its powers and prevent the threatened spread of smallpox x neither were the therle rules and regulations prescribed by the boar board attacked u un unreasonable or un Unnecessary necessary Sy Says the curt court HOARD nOARD DID ITS ITI II In endeavorIng to prevent rent the a spread Ad Adof of infectIous diseases that are r known to tob tobe b be dangerous the br board ot of health acted In th the performance or of II Its hIghest duty to th the of the lly city of Sal Salt Lake To Te neglect such uch known duty when ben im imposed posed would be The Ireat great dut duty of 01 al all governments Is th the welfare and ot of II its POpl people WIthout health h 1 a community cannot wll welt enjoy happiness or bore become pros pro prosperous and contented To lure secure public health an Imperative obligation rest td id upon the city ly through I Iti roper br board tf if health to tak take al nil neAr necessary step to the epa spread or of con IMbue diseases Dhe he de minded action and nd the rel reso resolutions adopted d were In complIance nee with what seemed to h be necessity for tle the safety fety or of the people and the public health Thai the requirement 11 was r rca end Ind that exigencies for tor Its in t was a actual letual and ne r to the protection ot of the public from t the consequences admitted of such cr dread dl diseases J Is Under see e II above 0 quote quoted the bard board ot of health had power fr to preserve the health of 01 those thoM In attendance l upon hol ad and to exclude from school an any suffering with contagious dl I ease or who bo was wal liable t to CY euch I elp disease 54 to thol those In attendance upon said I The he conceded latt tact show how that mn many Jle people w were suffering with tb the dl disease WIthin the State that the disease de plop wi within bin ten days daya or two weeks after the wa was alerted tha that UI un ti ii I It w was developed there thre arc aN no m means lIt by b which I its presence can b be detected that the several V boards o of health In Inthe the State Stat ha had taken p Ilat against It lii spread prad tt that over 10 chIldren were e In attendance upon th the public In tM the el parts r of tM the city whee where uch contagion exIsted I Ieee of whom bad been than o b b v yea that gil 1 tl the oasis In InI Infalt I falt It lAke CU City Q ad other parts or e ti the State numbering over e eases were traced t to the Oe oar c ease arising at t Berling county uI mad that II In cirtain parts part of th the city the disease had become epidemic Under such leh dr Ue the natural presumptIon that I It I is lable liable to spread pred Into the cat schools unless nl t t as 41 I Id I is shown to b be tl the only d Ir nh and ap apI 1 I 4 by b medIcal t science and Ind by got gy 4 I the wold To ci al alI I Io trim from al all tarts of the city In t together at 1 Jol school would p 1 Li Hl I WiY WC tl to communicate the tu 10 lh To a allow 10 ti th hiM hiMIn l to attend school without lit In conforming to In th Ih requirements o of tb the board would uld une 1 the circumstances shown bar tf ti to cry carry sue dl disease tI tO t r hl n or to those 11 lu at t t Ih the J tn I tb Ih 1 I t 11 r come p tl to the child I hr an when hn let least xit let Wh Vh the hiM my I Ih the 1 discus t to before the I is or of children pUnt aware aN I she ht I Is pt with Ith I it Ulde U the er dr tum talA q Ihl th rule all 1 UI on i utIs from attending and tl r In Ih the public dOI dOII I t I nut nt tf ot otI I Ir I In alil hl of th pr ro I nl I lon fl r f Ih I I bil bit ull Oed r 1 ty a r ld it of Lt th the I statutes of till this State which Irk empower I the bM boar to th those 11 are r JI ha hable I ble 10 t eny eu h infectious dl disease a ma to 10 thO those II in ihre ln The Th dut duty to tl tI the tho spread of I aol aud guard ra I p I e I is b by bylaw law Iw im alt 1 dilY br board of 01 health and the are r required t to beth U i take suck U mass r accomplish tAk t the e I t sought the rul rules t ft of la law lt a ate Im upon bOss such rl I an 1 the rem remedy d Is lift to them board rd have power t er I tb the to end nd 10 protect alt 1 persons U from I pestIlence and nd dIsease The J O Lii power I Is Tb howee however ur sod ot wien WeI called upon the board must mut show e ow that Ia its sets 1 are re jul fled b the O case lue led When t tb the at br board ot of health and th the board of education that no pupi pupil boar should be to the schools thol without having I vaccInated an and I it appears bat a an n and that pp the disease ot of lal ox was preva irea lent Inci and the resolution muSt be held to hi within th the lone lon of section M 34 4 5 I laws of 9 o p o ilo 70 and aad othe other C e to wherein I It I Is matte Ih the dut duty of the bar board 0 of hll health t N exclude from te the schools choll a any person wih with any n contagious or 1 I disease or Ita hi blo t to ov dh to th those in I tn In aIng anc and en enforcing forcing lc resolution the boad board did lo act attempt to compel th to b be d I It limply gs gR the option to b be vaccinated or r re remain opton main out of Ihl chool until the danger frum I amalI d passed BO thi 1 up br of o health 8 f up rt t II in the poUts 1 10 ta power b tJ In the Stale and It M Which bl tb the State cannot t ld 0 I fl baa wide range I It Is lit order to promote comfort P safety good morals mOMI and tb the general of th the people I It II I not from the written tm n Invoke for I 1 pub I ftc od an and Jot not to deprive a lc of hi his right the CUl court quotes fr from numerous and nd then pre proceed to Pay r that ht Ue the law the bi board had bd power to ul tb the public health and nd prevent the Ule 0 of smallpox I Ithe In Inthe the el schools and tot lor tat that reason hd had the rbt right to apt adopt such r means mean and methodi U as It bet beat judi meal ment might Through I Its bet beat the opinion source it f InformatIon rd reads I it wa le led to that Ya vae w was the bt best tu to prevent the spread pa of 01 the discs In the schools and nd thereby afford protection to t the pupIls therein Under It its the ioard ud had the to that no h child b be allowed to n attend the public during tb the prevalence ot of the disease I If co most means t r the was a mOt preventing tun It Its I spread a as th rord record of tb the shows how then Ihen It became the duty ditty boar board to require that I pupils he be flitted before U J I sanitary conditIon SPun their ot of attendIng Imp duD thC 1 perIod of the I epidemic ot of smallpox In Inman Inman man of f th the Itte States IR laws h hive ba been vaccination u as a ot of school lii In other States have hId held under tb the pollee power oU of Ut stat that bard boards of health woud would hay be power to om corn omI I a SI S condition of 01 em a school The order to f cx the Ibl child no flet effect beyond du the ea or of t the emergency It t did not the Ob tu to be vaccinated nt U excluded from abs c could oali t schoot uon O I to be o olat 1 lat 1 dr om 1 ma Ic bat that bo t h 1 privilege my may b be b bor by or p rull to Obey tha rul rule or ii to proper school ti The Th court rl holds that tb the bord o 0 of education w WU I Ia th the relators and rv the lower loer court wih with directions to over overrule rul rule the demurrer al and da denY the writ and nd dIsmiss Mr r Cos Coxs e nt JUSTICK Chief Justice cone concurs In the opinion of Justice MI but Jut e Baskin dissents The latter Jattar takes ke the POSItIOn that the provisions of the Con on sod lId th ac acts o of th tt ture relating to the subject do not give I to the boan board of health to or order order der the board of to enforce It its resolution Justice from section 24 24 chapter 4 41 ot of the Lw lAws of 01 1859 and says ald Id I is vIewed tn In the tho light of others contained In tJI this at act and nd Revised Statute It I of 1 see 10 1110 of the cler clear that I It not authorise the e cx elusIon fm from the of vant ed chIldren but that It to toa 1 a apply pl to Individuals af aMbled with the disease mentioned and to such luch other te who by reasOn of havn having been in rl some lome w way directly exposed to the contagion Ot or Infection lon mentioned were tre rendered to Immediately others by wih with them I It intended to the whole certainly no not ot of R a cl class composed of thousands or of children no on one of could be beh shown to have hal exposed to contag contagion Ion h II in a way bet readar rendered up him or her liable to communicate Rn an infectious disease In M He II 10 or of said Mid act et It I Is provided that No Ulon or thing lIable be to prop propagate tat agate any n or of I the hI Int contagious ou rte In the abY above section shall hal be brought tb the limits of the b State without th permit and nd direction ot of the br bord of health and whenever I it shall ema some to the kno knowledge It ot of any ny person that each ach pr pron per ion on or thing hee brought within Ilch such limits h immediately notice thereof to 10 member ot of the he said wih with the tUan location there thereof bt of No person Ihal shall within the limIts of the State a permit from th the local board if hAlt carl carry or remove mo from ole one building to 0 another any aay person on I itt Ii dlf disease Nor h li any ny p rin wih with such uch I li l or liable tu to om corn or r the contagion conlon I of 01 b be shipped or r reY tr from one OM town or place to In tiny ohr other town ur or place except pel t un under r the crl charge and nd dl pl of the bOi burl I of and Ind wih with ProPer the spread pread of the Ibe contagion In see fr 1111 Stat Stat Il it Is provided that Any 10 b il II lard Iud of health may d declare le I 1 In county city I ur or town tUn Or MOY Ir thereof allt a or disease pre ailini there or elsewhere and against all 11 persons r things thine likely to spread contagion or intact ion n Ily com comparing the language lIall italicized Iud In th the s Jut just quoted with It It tb the language I Id In section 24 f fIt It will II hi r lly that tb they are re reIn In the same U If the preval prevalence ne of smallpox In tb the dt city renders the who lire are not vaccinated liable le to convey this disease to th lb at t the school It rollo follows that thaI every tIry person In the city It who I Is not nI I Ii equally lIa 11 ble to this Ihl disease to those with hani bm they habitually aiea cia the Ii In tb the majority opinion to the provisions of oC I till the statute quoted the board of health of 01 the city as a 14 s 1110 provides ma may declare decla quarantine against all 11 persons and nd things Ilk to 1 or 0 hu ha authority during the ot to ial 1111 h tat Ill t nt Inal an and from attending church Sunday Rd school or nr spy Or other gatherIng prevent them from appear In on an Ui Ih crowded or trw ld ears anti a see 10 ab h 4 45 iii it r J that no p ith a U 0 r liable to communicate or spread the J on thereof shall not be from one town or place to tor r except under uMer the tha tI charge and andon nd on of the board bord of health It hi hito has 1 to prevent any aay not tid III from being so 10 shipped or ori i sd and aDd as saId aid section also pro pru that no au person or thing liable to tony any ny of the contagion men among I smallpox shall shallo the tha Slate without the o and direction of the I d ot of h that hoard bord hM he her ju u any oy person who hl Is IsY r Y tram from the lilt State lag 1111 tb prevalence of smallpox bl be say uch ucb Person On upon entering t and md going oln to I a locality where her n VIII Is II as liable lIble to pro u the disease as any other Et audi result as aa tho those mentioned are rt aLI under the tbt of said b by nl my ia lI was fl intended tax by the e ot of these provisions t as plain all as the of ofa I a H 34 regarding the schools and thor Iet intended to appl aply to toI I Persons but all Were Wert In 4 apply only to individual of persons with the dir and to 10 such In ini i Ura who b by reason of having In Iny Way y ben been so ao exposed to the con conof of It such larh dl diseases as aa to render directly liable to immediately not OW infect others other with whom they Late Sr Is II nothIng In the record ot of t that the respond w was with any or that she be had bid been ex x to iy or Infection her If liable to directly an dIsease to other othere wac not excluded on the tho grounds t tile had been so 10 eaId nut Iut onla only he a belonged to the he cla class of thousand pupils pupil who had bd not lIot bees It Is In the opInion t 1 Is shown to bo be tb the they y Mf te recognIsed aD and anda II a ni science A ben been shown or leal science that Sure preventive and while a of the medical prot protes Iii iti utility as a Uv and nd recommend It Itt Its beit t few If any ny members of Cession claim that It is II a against the cantlon of ipox pox That t vaccination atlon Is Ia frequent aK experience has baa shown for tor of vaccinated persons U infected with are re Therefore many of the six alx or 01 more children who were ere erett lit tt to Silent the school chool were We I to be with that dlf cad just sp liable to tl convey the dl disease I attending the school u as the tD It who ere excluded so 0 that to be avoided W was wasS led S n ot of the excluded ot of tax taxes contributed to the tha school fund with the par of tM the who were Wert admitted were lawfully entitled to have their thell share re In the benefits benefit of the bib Therefore In the absence provIsions ot of the statute and authorising tt it the hail no authority to p pass any ka |
