Part 8 (2/2)

48 ”Plan War on Vaccine,” WP, Feb. 10, 1910, A2. ”Antivaccination,” MN, May 25, 1895, 586. Editorial, Health, 52 (March 1902): 49596.

49 William M. Welch and Jay F. Schamberg, Acute Contagious Diseases (Philadelphia, 1905), 134. ”Antivaccination,” MN, May 25, 1895, 586. See, e.g., Oswald, Vaccination A Crime, and Clymer, Vaccination Brought Home to You.

50 Little, Crimes of the Cowpox Ring, 5. See Ellen F. Fitzpatrick, ed., Muckraking: Three Landmark Articles (Boston, 1994), 139.

51 Little, Crimes of the Cowpox Ring, 74, 18. The best work to date on Little is Johnston, Radical Middle Cla.s.s, 197206, esp. 199.

52 Little, Crimes of the Cowpox Ring, 67.

53 Ibid., 78.

54 Ibid., 1214, 29. ”Victims of State Blood Poisoning,” Liberator, Supplement September 1904, 1, GFP, Box 177, Folder 8. ”Vaccination 'Points,' ” CC, Aug. 16, 1902, 11. See John H. McCollom, ”Vaccination: Accidents and Untoward Effects,” MC, Jan. 1, 1902, 125.

55 James Martin Peebles, Vaccination, A Curse and a Menace to Personal Liberty (Battle Creek, MI: Peebles Pub. Co., 1900), 138. Edward Whipple, A Biography of James M. Peebles, M.D., A.M. (Battle Creek, MI: published by author, 1901), 506.

56 Mill and Blackstone quoted in Pitcairn, Vaccination, 12. George E. Macdonald, ”The 'Vaccination' Outrage,” from Truth Seeker, reprinted in Liberty (Not the Daughter but the Mother of Order), May 19, 1894, 10. Curiously, Mill himself did not mention the vaccination question in his treatise. His main principle-that ”the sole end of which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others”-would seem to cut either way. Compulsory vaccination was a measure intended to protect others, but at least from the antivaccinationist perspective, it was not a necessary measure. As many argued at the time, a man who refused to be vaccinated was, by the vaccinationists' own theory, no threat to the members of the population who were vaccinated. The general response from supporters of vaccination was twofold: 1) there would always be some for whom vaccination did not work; the only way to protect them was by immunizing everyone else; and 2) the best way to permanently stamp out an epidemic in a community was to vaccinate everyone, leaving the virus with no one to infect. John Stuart Mill, On Liberty, ed. David Spitz (New York: W. W. Norton, 1975), 11.1.

57 J. W. Hodge, ”Is the Compulsory Infliction of the Jennerian Rite by the State, Expedient, Justifiable, or Possible?” Medical Century, 14 (Dec. 1906), 360. ”To All Who Care for Human Rights!” Anti-Vaccination News and Sanatorian (New York), June 1895, 3, GFP, Box 176, Folder 11. Little, Crimes of the Cowpox Ring, 6263.

58 Hodge, ”Compulsory Infliction,” 359. ”Topics of the Times,” NYT, Dec. 9, 1901, 8.

59 See, generally, Willrich, City of Courts.

60 Hodge, ”Decline in Smallpox,” 276. B. O. Flower, ”How Cleveland Stamped Out Smallpox,” Arena, 27 (Apr. 1902), 429.

61 Robert Johnston has argued with great insight that American antivaccinationism const.i.tuted a ”middle-cla.s.s populism of the body”; Johnston, Radical Middle Cla.s.s, 178. My own view is that personal liberty concerns loomed larger than populism in most antivaccinationists' thinking about the politics of public health.

62 Little, Crimes of the Cowpox Ring, 61. Nichols, Vaccination, 27. Clymer, Vaccination Brought Home to You, 78.

63 Michael Willrich, ”The Two Percent Solution: Eugenic Jurisprudence and the Socialization of American Law, 19001930,” Law and History Review, 16 (1998): 63111.

64 Little, Crimes of the Cowpox Ring, 6263.

65 ”Anti-Vaccinators of Connecticut,” 912.

66 State Board of Health data reported in ”A Danger Signal,” OSE, Feb. 5, 1901.

67 ”Vaccination War On.” ”M'Millan Bill Now Law,” OSE, Feb. 22, 1901. ”Smallpox and Vaccination,” ibid., Jan. 26, 1900. State ex rel. c.o.x v. Board of Ed., 9 Utah 401 (1901). ”Supreme Court Decision,” OSE, May 1, 1900. ”Vaccination War On,” SLH, Jan. 24, 1901, 8.

68 The nineteen people I have identified as ”activated” members of the Utah league were named in newspaper articles as either having leaders.h.i.+p positions in the organization, speaking out against compulsory vaccination at a meeting, or serving on a committee to draft resolutions. Others named as ”present” at the meeting I did not a.s.sume to be more than pa.s.sive listeners. I was able to locate eighteen of the nineteen members, unmistakably, in the 1900 U.S. Census. The nineteenth named partic.i.p.ant was J. H. Parry, the name of a well-known book publisher in Salt Lake City at the time. I have a.s.sumed that if this J. H. Parry was not the same publisher, a responsible newspaper would have identified him otherwise to avoid confusion. ”Antis Hold Session,” SLH, Jan. 14, 1900. ”Vaccination War On,” ibid., Jan. 24, 1901, 8. Twelfth Census of the United States (1900): Schedule 1-Population: Salt Lake City, Salt Lake, Utah.

69 ”The Topic of the Hour,” Deseret Evening News, Jan. 24, 1901, 4. Denver Post charge of Mormon involvement reported in ”A Danger Signal,” OSE, Feb. 5, 1901. In a brief account, Thomas G. Alexander has also argued that Mormon church members and leaders were divided on the vaccination question; Mormonism in Transition: A History of the Latter-day Saints, esp. 195. See, generally, Sarah Barringer Gordon, The Mormon Question: Polygamy and Const.i.tutional Conflict in Nineteenth Century America (Chapel Hill: University of North Carolina Press, NC, 2002).

70 ”Antis Hold Session.”

71 Laws of the State of Utah, Pa.s.sed at the Fourth Regular Session Legislature of the State of Utah Held at Salt Lake City, the State Capital, in January, February, and March, 1901 (Salt Lake City, 1901), 15. ”Vaccination War On.” ”Dr. MacLean's Startling Challenge to Anti-Vaccinationists,” SLH, Jan. 26, 1901, 1. ”Board of Education Defies Board of Health,” ibid., Jan. 26, 1901, 1. Thomas Hull, ”Events of the Month,” Improvement Era, Mar. 4, 1901, 39798.

72 ”Governor Wells Vetoes Anti-Vaccination Bill,” SLH, Feb. 9, 1901, 1. ”McMillan Bill Vetoed,” OSE, Feb. 8, 1901. Hull, ”Events of the Month.” ”From the Editor's Notebook,” Medical Standard, 24 (March, 1901), 165.

73 ”Hearing Over,” BG, Feb. 5, 1902, 4. ”Repeal Wanted,” ibid., Jan. 30, 1902, 2. ”Vaccination,” ibid., Feb. 1, 1902, 4. ”All in Favor,” ibid., Feb. 4, 1902, 4. ”Loss to Boston,” ibid., Feb. 3, 1902, 4. ”AntiVaccination,” Boston Evening Transcript, Feb. 19, 1902, 1. ”Vaccination Bills In,” ibid., Feb. 20, 1902, 3.

74 ”Hearing Over.” ”Death From Lockjaw,” CC, Jan. 4, 1902, 5.

75 ”Seven Bills,” BG, Feb. 20, 1902, 3. ”Work Well Ahead,” ibid., Feb. 23, 1902, 24. ”Brakeman's Bill,” ibid., Feb. 27, 1902, 6. ”Antis Gain Point,” ibid., Mar. 11, 1902, 11. ”Long and Busy,” ibid., Mar. 5, 1902, 4.

76 ”An act to prevent compulsory vaccination and to prevent vaccination being made a condition precedent to school attendance,” General Laws of the State of Minnesota . . . 1903 (St. Paul, 1903), ch. 299. ”Sanitation and Legislation in Minnesota,” in section ent.i.tled, ”Hygiene and Public Health,” ed. Henry M. Bracken [sec. of state board of health], St. Paul Medical Journal, 5 (June 1903), 456. ”Anti-Vaccination Law in Minnesota,” Medical Sentinel (Portland, OR), 11 (June 1903), 33132. Little (1903) quoted in Johnston, Radical Middle Cla.s.s, 358, n. 8. William J. Mayo, ”The Medical Profession and the Issues Which Confront It,” SCI, new ser. 23 (Jun. 15, 1906), 900.

77 ”Anti-Vaccination Crusade,” Pacific Medical Journal, 47 (Sept. 1904), 535. ”Bitter Fights Against Law,” SFC, Aug. 12, 1904, 4. ”Question of Compulsory Vaccination,” ibid., Oct. 16, 1904, 7. Governor George C. Pardee's veto message, Mar. 8, 1905, in The Journal of the Senate During the Twenty-Sixth Session of the Legislature of the State of California, 1905 (Sacramento, 1905), 1445. ”Vetoes Anti-Vaccination Bill,” Los Angeles Herald, Mar. 9, 1905, 2. ”May Open a Private School to Evade Law,” SFC, Jul. 18, 1905, 6.

78 Little quoted in Johnston, Radical Middle Cla.s.s, 201.

79 Albert et al., ”Last Smallpox Epidemic,” 375.

80 ”Dies of Disease He Defied,” NYT, Jul. 26, 1902, 5. ”Anti-Vaccinationist Offered Up,” Medical Sentinel, 11 (June 1903), 332. ”Topics of the Times,” NYT, Aug. 13, 1904, 6. ”Smallpox in Zion City,” ibid., Aug. 12, 1904, 7.

81 ”Dr. Pfeiffer Has Smallpox,” BG, Feb. 9, 1902, 1.”Pfeiffer Yet Alive,” ibid., Feb. 10, 1902, 1.

82 ”Dr. Pfeiffer Has Smallpox.” ”Pfeiffer Yet Alive,” BG, Feb. 10, 1902, 1. Nichols, Vaccination: A Blunder in Poisons, 51. See also ”Dr. Pfeiffer's Condition Encouraging,” BG, Feb. 11, 1902, 3; Albert et al., ”Last Smallpox Epidemic,” 377.

83 ”Bedford May Sue,” BG, Feb. 17, 1902, 1.

EIGHT: SPEAKING LAW TO POWER.

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