sX3nyY5u

1
2The Crime 
3Against the School Child 
4
5
6CHAS M. HIGGINS 
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8
9Return this book on or before the 
10Latest Date stamped below. A 
11charge is made on all overdue 
12books. 
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14U. of I. Library 
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26INDEX 
27
28Page 
29
30Introduction?The Fundamental Legal and Medical Fact Against All Com¬ 
31pulsory Vaccination . 3 
32
33The New School Vaccination Law, Now in Force in New York State, 
34Different for City and Country. 5 
35
36Mr. Loyster?s Peculiar Work in the Passage of This Law. Compulsion 
37Removed From His Own Country Schools and Put on All Our City 
38Schools with Double Pay for the Vaccinators. 7 
39
40Political Cowardice and Medical Craft in Passage of This Law Which Places 
41Compulsory Vaccination on All Schools in the Ten Leading Cities of 
42the State and Removes it from the Small Towns and Country Dis¬ 
43tricts . 7 
44
45Mr. Loyster?s Remarkable Pamphlet Showing the Death of His Own Boy 
46and Many Other Children From Vaccination in 1914.. 7 
47
48Smallpox Ten Times More Frequent in Country Than City. Absurdity 
49and Illegality of the Loyster Law Shown. 10 
50
51How to Legally Evade and Defeat the New Law. 10 
52
53First Defense: Doctor?s Certificate of Danger to Health or Life now Ac¬ 
54cepted in Schools Under Rule of Department of Education.. 10 
55
56Deaths of 30 Children From Vaccination in 1914. 11 
57
58The Greatest Sin in the Moral Code Committed by Vaccinators. Denying 
59Danger and Death from Vaccination. Impugning the Known Truth. 11 
60
61Second Defense: (For City Parents) Change Residence to Country. 12 
62
63Third Defense: Private Schools and Constitutional Rights. 12 
64
65Compulsory Vaccination Legally a Crime. Court Decisions Cited. 12 
66
67Fourth Defense: Criminal Prosecution of Vaccinators Under Common Law 
68and Penal Code.. 13 
69
70Fifth Defense: No Legal Power Exists to Compel Vaccination. 14 
71
72Vaccination Law Conflicts with Education Law and District School 
73Officers Have Power to Suspend Vaccination Law and Admit Un¬ 
74vaccinated Children, According to Decision of Department of Edu¬ 
75cation by Commissioner Draper in 1912. 14 
76
77No Law in the State to Compel Vaccination. Decision of State Courts and 
78U. S. Supreme Court Given. 14 
79
80Decision of Court of Appeals in Ekerold Case Explained. A Law Exists 
81to compel Education of Children But No Law Exists to Compel Vac¬ 
82cination of Children or to Fine Parents for Failure to Vaccinate. 15 
83
84Decision of Commissioner Draper of Department of Education in the Case 
85of the Town of Olean in 1912. Legal Discretion to Suspend Vaccin- 
86tion Exists in All Local School Officers. 16 
87
88Re-Vaccination Illegal. One Vaccination Sufficient.. 17 
89
90Vital Legal Point: Education When Paid for Is a ?Right? and Not a 
91?Privilege.? Decisions of Our Courts Cited. 17 
92
93
94XA k ^ 
95
96
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101
102
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108
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110
111
112
113
114
115
116
117
118
119Deaths from Vaccination Greater than Deaths from Smallpox. Shocking 
120Figures Given by Registrar-General of England. 19 
121
122Public Rebuke and Challenge Given to Our Vaccinating Doctors and Health 
123Officials Who Deny and Conceal Deaths from Vaccination. 19 
124
125Compulsory Vaccination Not Necessary to Prevent Smallpox. Sanitation 
126and Hygiene More Important and Effective. 20 
127
128The Leicester Method. Preventing Smallpox Without Vaccination. In 
129Use for Over Thirty Years in the Model Sanitary and Manufacturing 
130City of Leicester, England... 21 
131
132A Most Important Point: Vaccination Admittedly Spreads and Increases 
133Smallpox . 22 
134
135Our Ten New York Cities of First and Second Classes, Upon which Com¬ 
136pulsory Vaccination Is Now Placed, Compared to Unvaccinated Lei¬ 
137cester . 23 
138
139Voluntary Vaccination Not Opposed by Our League. 24 
140
141Highest Medical Authority Today Opposed to Compulsion.. 24 
142
143Recapitulation of Legal Defenses Against Compulsory Vaccination. 25 
144
145Compelling Vaccination by Force or Intimidation a Crime Under Penal 
146Code and Decisions of Our Courts. Caution to Parents and School 
147Officers and Warning to Vaccinators, Doctors and Health Officers.... 25 
148
149Civil Damage Suits. Verdicts Given by Our Courts Against Doctors and 
150Health Officers for Coercive Vaccinations. 26 
151
152Conclusion. . How to Assert Legal Rights and Defeat All Compulsory 
153Vaccination . 26 
154
155Officers of the Anti-Vaccination League of America. 27 
156
157Full Text of the Loyster-Tallett Vaccination Law Now in Force in New 
158York State. 28 
159
160The Loyster Law Legally and Logically Analyzed. Points for Lawyers and 
161Laymen Showing This Law to Be Illegal and Non-Enforceable. 30 
162
163First Point: Illegal Discrimination Against Large Cities and in Favor of 
164Country Districts Which Are Most Subject to Smallpox. 30 
165
166Second Point: Illegal and Excessive Penalty. 30 
167
168Third Point: Vaccination Cannot Be Legally Forced Exclusively on One 
169Special Class or Part of the Population, Such as School Children, With¬ 
170out Any Special Reason or Justification.. 31 
171
172School Children Most Vital, and Immune Part of the Population with 
173Lowest Death Rate, Only Five Per Cent, of Total Deaths, While Form¬ 
174ing Twenty-five Per Cent, of the Population. 32 
175
176School Age Most Immune to Smallpox. Record of Last Epidemic Shown.. 33 
177
178Relative Dangers from Smallpox, Lightning and Lockjaw. Vaccination and 
179Lockjaw More Dangerous Than Smallpox, and Smallpox Less Danger¬ 
180ous Than Lightning!. 35 
181
182Vaccination for Voters Suggested Instead of for School Children. Voting 
183Ages Five Times More Subject to Smallpox Than School Age. 35 
184
185Fourth Point: The Theory That Vaccination Prevents Smallpox, Whether 
186Right or Wrong, Does Not Justify Any Law Which Forces Vaccination 
187Arbitrarily and Unreasonably on One Class Only of the Population, 
188viz., On the School Children Who Are Naturally Least Subject to 
189Smallpox . 36 
190
191
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194
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213Page 
214
215Fifth Point: Inflicting a Wound and Disease Coercively on the Human 
216
217
218Body Is an Illegal and Criminal Act.. 38 
219
220All Vaccination Potentially Dangerous or Deadly and Cannot Be Legally 
221Forced on Any Person. Decision of Supreme Court of U. S. Cited... 38 
222
223Sixth Point: False Doctrine of ?Police Power? to Inflict Disease or Death 
224in the False Name of ?Public Health?. 39 
225
226Inherent and Constitutional Rights of the People Superior to All Police 
227Power of the Legislature Which Cannot Invade These Rights. 39 
228
229Seventh Point: Several Constitutional Provisions Invaded by the Loyster 
230Law . 40 
231
232Proposition First: Right of Healthy Child to Education and Right of Parent 
233to Educate Child Inherent and Unalienable. 41 
234
235Proposition Second: To Force a Wound and Dangerous Disease on the 
236Human Body Is Absolutely Illegal and Criminal. 42 
237
238Eighth Point: Illegal Medical Graft in Double Compensation to Health 
239Officers as Found in the Loyster Law Renders It Invalid Under Article 
2403 of the Constitution. 42 
241
242Ninth Point: Other Possible Medical Graft in Exclusive Use of Special 
243Virus Makes Law Vicious and Doubtful. 43 
244
245Tenth Point: Only One Good Feature of the Loyster Law, Record of Vac¬ 
246cinations to Be Able to Trace and Suppress Dangerous Viruses.^43 
247
248The Lockjaw Lie, and Dr. Anderson?s Report, Answered. Five Children 
249Killed in One Week. 45 
250
251Letter to Mr. Loyster from Mr. Higgins Exposing the Evils of the Loyster 
252Law .... 46 
253
254
255Death of the Stillwaggon Boy from Vaccination Cited as an Example of 
256Many Others. Vaccinators Who Kill Children Compared to President 
257McKinley?s Assassin. Absurdity and Worthlessness of Their ?Reports? 
258on Such Deaths Demonstrated Warning Against This Child Slaughter 
259
260
261as Being a Crime Under the Penal Code. 46 
262
263Endangering Health or Life of a Child a Crime Under Penal Code, Sec¬ 
264tion 483.. 46 
265
266The Loyster Bill Analyzed and Condemned. 47 
267
268Mir. Loyster?s Answer. His Full Responsibility for the Evil Law Admitted 49 
269
270A Few Words for Mr. Loyster and His Colleagues, Bringing This Re¬ 
271sponsibility Home to Them?. 50 
272
273
274Gigantic Medical Interests Behind Our Vaccination Laws Shown. The 
275Most Dangerous Power in Body Politic. Figures Given on Vaccine 
276Makers and Medical Societies to Show the Dangerous Power Behind 
277Our Vaccination Laws, Influencing Our Legislature and Controlling 
278Policy of Our Health Departments Against Best Interest of Public.. 51 
279
280Letter to Governor Whitman Asking Veto of Loyster-Tallett Bill and 
281Exposing Its Evil Nature and Improper Means Used in Its Passage.... 54 
282
283Sinister Facts in Canvass and Passage of This Bill Exposed and Con¬ 
284demned. Letters of Legislators Given.54-59 
285
286The Hearing Before the Governor, March 29th, 1915. 56 
287
288Governor Whitman?s Mistake, Deferring to Health Commissioners Inter¬ 
289ested in Vaccination What He Should Have Decided Himself as an 
290Impartial Judge or Jury on the Facts Submitted. 59 
291
292
293
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295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311p age 
312
313New Law Suggested for Repeal and Prohibition of All Compulsory Vac¬ 
314
315
316cination .. 61 
317
318Other Reforms Suggested for Attention of Parents and School Officers.... 62 
319
320
321(1) Remonstrance to State Department of Education for Its Blind Accept¬ 
322ance of Gross Medical Falsehoods Relating to Smallpox and Vaccina¬ 
323tion and for Failing to Protect Our Two Millions of School Children 
324from the Fatal Dangers of the Medical Malpractices Which Are Now 
325Improperly Forced on Our Public Schools with Great Injury to Health 
326
327
328and Life of School Children. 62 
329
330(2) Suggested Criticism of Deputy Commissioner Finegan for His Woeful 
331
332Mistake in Forcing Vaccination Coercively on Our Schools Against 
333Discretion of Local School Officers and in Violation of Decision of 
334Commissioner Draper, Which Has Caused Deaths of 30 or More 
335School Children in 1914. 62 
336
337(3) Question of Legal Responsibility of Department of Education or State 
338
339Government for Deaths of Children Killed by These Illegal Acts of 
340Coercive Vaccination Ordered and Performed by State Officials. 63 
341
342(4) Proposed Act of Legislature to Indemnify Parents for Destruction of 
343
344Health or Loss of Life of Children Killed by Vaccination Improperly 
345Forced Upon Them by Agents of the State. 63 
346
347(5) Proposed Criminal Prosecution of Doctors or Health Officers for 
348
349Fatal Vaccinations Inflicted on School Children Under False Repre¬ 
350sentation of Actual Necessity and Perfect Safety.. 63 
351
352
353(6) Suggested Public Investigation of Our Health Departments to Expose 
354
355Denials and Concealments of Deaths from Vaccination and to Disclose 
356the Amount of Medical Graft in Practice of Vaccination and Sale of 
357Virus in the State, Cities, Towns and School Districts, and to Show 
358Who Get the Pay for This Large and Needless Expenditure of Public 
359Monies . 63 
360
361(7) Proposed New Law to Remove Doctors and Members of Medical 
362
363Societies from Heads of Our Departments of Health and Vital Sta¬ 
364tistics and to Put Able Laymen in Their Places, in Best Interest of 
365the Public, as Is Now the Practice in England.. 63 
366
367Protest of Parents to Board of Regents and Department of Education.... 64 
368
369
370
371
372
373
374
375
376
377
378INTRODUCTION: 
379
380
381THE FUNDAMENTAL LEGAL AND MEDICAL FACT AGAINST 
382ALL COMPULSORY VACCINATION 
383
384The Public Letter of Advice to a parent of school children forming 
385the first part of this pamphlet, as well as the supplement forming the 
386final part, are both specially addressed to parents and school officers 
387in our own State of New York and this address is intended to be an 
388exhaustive consideration of our new school vaccination law, passed in 
3891915 and now in force in this State, known as the Loyster-Tallett Law, 
390with the special purpose of showing the evil and illegal features of this 
391particular law and the legal defenses by which its enforcement in our 
392schools may be frustrated, or on which it may be wholly invalidated in 
393our courts if tested there. 
394
395The advices given and defenses suggested in this pamphlet are, 
396however, not confined to the vaccination law now in force in New 
397York State, but apply equally in all other States where similar laws 
398attempt to force vaccination in any form on any section of the people 
399against free will and consent or as a condition for the exercise of any 
400inherent or fundamental right of the citizen or his child. 
401
402The fundamental legal and medical facts now set forth in these 
403advices and defenses may be briefly epitomized here by stating that all 
404compulsory vaccination is essentially illegal and criminal in its very 
405nature from a truly logical, legal and constitutional basis, and cannot be 
406validly forced on any person, for the reasons expressed in these simple 
407propositions: 
408
409First: No valid law can be based on what is essentially and demon¬ 
410strably a falsehood, but must be based on actual truth. 
411
412Now all compulsory vaccination law is based on this triple false¬ 
413hood, viz., that compulsory vaccination of a part or the whole of the 
414population is necessary to prevent smallpox epidemics, that nothing else 
415prevents smallpox epidemics but general vaccination, and that vaccina¬ 
416tion is perfectly safe and harmless and never causes injury or death. 
417All of these propositions are absolutely and demonstrably false, and 
418therefore any law based on them is absolutely invalid. 
419
4203 
421
422
423Second: To inflict a bodily wound on any person, forcibly or 
424against the will of that person, and to inoculate into that wound an 
425infectious disease which may infect the whole body and destroy health 
426or life, as occurs in the act of vaccination, is an illegal and criminal 
427act in fact and law under the simplest fundamental principles of com¬ 
428mon law, statute law and constitutional guarantees; and any law allow¬ 
429ing or authorizing such an act is, of course, absolutely invalid. 
430
431Third: The medical profession, interested in vaccination, constantly 
432represents that this medical and surgical operation known as vaccination 
433is actually necessary for the health of school children and is perfectly 
434safe and harmless for them and never causes injury or death. This 
435false representation greatly aggravates the legal offense of the coercive 
436vaccinator and the crime of forced vaccination, because for any doctor 
437to represent and recommend to a patient a surgical operation like vac¬ 
438cination as actually necessary to his health and perfectly safe and harm¬ 
439less, which is not at all necessary for health and which is essentially 
440and potentially dangerous and deadly in every case and now actually 
441kills more children than smallpox, is in itself obviously a grave medical 
442malpractice and is believed to be actually a positive crime under our 
443present laws and indictable and punishable as such. 
444
445Under these fundamental legal and medical facts, therefore, which 
446we believe to be impregnable as a matter of legal, medical and statistical 
447demonstration, no parent of school children or local or general school 
448officer, high or low, in this State or other states, need pay any atten¬ 
449tion to any attempt to force compulsory vaccination upon them, except 
450to denounce it as a form of child slaughter, medical barbarism and legal 
451crime, and refuse to have any of the children in their charge forcibly 
452vaccinated or excluded from school or denied their fundamental right 
453to education and to health; but parents and school officers must insist 
454upon the free legal right to education for every healthy child in this 
455State without having first to endanger its health or life by compulsory 
456disease, as fully set forth in the advices and defenses given in this 
457pamphlet. 
458
459CHAS. M. HIGGINS, 
460
461Member of Anti-Vaccination League and League for Medical Freedom. 
462
463271 Ninth St, Brooklyn, N. Y. 
464
465October 4, 1915. 
466
467
4684 
469
470
471The Crime Against the School Child. 
472
473An Expose of the New Loyster-Tallett Law in the State of New 
474York which Now Forces Compulsory Vaccination on Every School, 
475Public and Private, in the Ten Leading Cities in the State, viz., New 
476York, iBuffalo, [Rochester, Syracuse , Albany, Yonkers, [/Schenectady, 
477Utica, Troy and Binghampton, but Removes it {From the Country 
478Districts. 
479
480How Our Country Politicians, in a Deal with Medical Interests in 
481the State, Put Compulsion More Heavily on Our Big Cities but Took it 
482Off their Own Country Districts, and How the State Commissioner of 
483Health Saved His Own Official Head in the Deal. 
484
485How to Legally Defeat this Evil Law Shown. 
486
487Vital Points for Lawyers and Laymen. 
488
489Note.?This letter of advice to one inquiring parent is now pub¬ 
490lished as an open public letter for the benefit of other parents of 
491school children and for all school officers in the State and for the 
492public generally. 
493
494Mr. Leroy A. Mershon, 
495
49655 Cedar Street, 
497
498New York City. 
499
500Dear Sir: 
501
502Your letter of August 17th was duly received but was not answered 
503before this on account of absence from town. 
504
505THE NEW VACCINATION LAW FOR CITY AND COUNTRY. 
506
507I note that you wish to get your boy admitted to public school No. 
508152 in Flatbush in the Borough of Brooklyn without vaccination, which 
509you strongly object to. I understand that the boy has never been vac¬ 
510cinated but has heretofore attended the Staten Island Academy in the 
511Borough of Richmond, which I believe is a private school, where vac¬ 
512cination was not required under the old law, which applied to public 
513schools only. This year, however, a new law was passed known as the 
514?Loyster-Tallett Law,? which is much worse than the old law and 
515applies to all schools, public and private, in this State. It is called the 
516Loyster-Tallett Law because it was drawn by Mr. James A. Loyster 
517of Cazenovia, Madison County, in consultation with the State Depart- 
518
5195 
520
521
522ment of Health, and apparently to suit this department and other 
523medical interests, and it was introduced in the Legislature by Mr. 
524Loyster's local representatives, Assemblyman Tallett of Madison County 
525and Senator Jones of Chenango County. Notwithstanding vigorous op¬ 
526position to this evil law from different parts of the State, it was finally 
527passed under the false representation that it did not apply to New York 
528City at all, and many of our legislators from New York City actually 
529voted for it, being misled by this false idea by somebody, whereas this 
530law applies particularly to New York and to the four other big cities in 
531the State, viz., Albany, Syracuse, Rochester and Buffalo, as well as to 
532the five smaller cities of the second class, viz., Yonkers, Schenectady, 
533Utica, Troy and Binghampton, making vaccination necessary for admis¬ 
534sion to any school, public or private, in any of these, ten cities which 
535contain two-thirds of the population of the whole State; while in the 
536country districts in all the rest of the State outside of these ten big 
537cities children can be freely admitted without vaccination unless a case 
538of smallpox should some time arise in the town or district, when the 
539unvaccinated children may be excluded, but not until then. 
540
541This peculiar Loyster-Tallett-Jones Law is obviously another glar¬ 
542ing instance where the country politicians seem to control the making 
543of laws for New York City; and in this shameful piece of medical 
544legislation the country politicians seem to have actually succeeded in 
545making a deal with some medical interests in the State, which seem 
546to control our legislation, to take compulsory vaccination off the schools 
547in their own country districts for the price of inflicting it more heavily 
548than ever on the big cities of the State where the profit to the vaccine 
549and medical interests will be obviously greater. Another feature that 
550seemed to figure in this deal relates to the status of State Health Com¬ 
551missioner Biggs himself, against whom a special bill was introduced to 
552legislate him out of office for the alleged reason that he gave only a 
553part of his time to the public business of the State and most of his 
554time to his own private practice, at the big salary of $8,000 per year. 
555This bill was introduced by Mr. Hinman of Albany in the Assembly, 
556March 23rd, and provided that the Health Commissioner must give all 
557his time to the business of the State, and it was passed unanimously on 
558April 8th without a dissenting vote, but was not forced in the Senate 
559for some reason which the country politicians can tell us if they will. 
560Coincidentally Commissioner Biggs approved the bill of the country 
561politicians to take compulsion off their own country schools but to put 
562it heavier on all the city schools, although this bill was strongly opposed 
563by the medical societies of the State who are opposed to any relaxation 
564
5656 
566
567
568of the dangerous but profitable practice of vaccination in either city or 
569country. Nevertheless the country politicians got their bill through, tak¬ 
570ing compulsory vaccination off their own country schools, and Com¬ 
571missioner Biggs saved his official head by the defeat of the bill to make 
572him either resign or give all his official time to the business of the 
573State, for which he is so well paid. I make no comment on these legis¬ 
574lative, medical and political facts, which seem to speak clearly for them¬ 
575selves and show how some of our laws are made and what influences 
576sometimes determine their passage and what a dangerous grip the medi¬ 
577cal powers?the most dangerous in our body politic?now have on the 
578people of this State to be able to dictate or determine our laws, as will 
579hereafter more fully appear. 
580
581MR. LOYSTER?S PECULIAR WORK.-CAN ANY ONE 
582EXPLAIN IT? 
583
584Mr. Loyster, who seems to be quite something of a country poli¬ 
585tician himself, being a member of the State Republican Committee, and 
586evidently having considerable political influence in the Legislature, 
587excused the passage of this shameful and cowardly law on the ground 
588that it was the only concession he could force from this dangerous medi¬ 
589cal power which, as I have just said, seems to have such a sinister grip 
590on the legislature and people of this State. 
591
592POLITICAL COWARDICE AND MEDICAL CRAFT. 
593
594That it was a most cowardly piece of political work, whoever was 
595responsible for it, to be satisfied with getting the evil of compulsory 
596disease taken off the country schools in their own political districts for 
597the price of putting it heavier on all the schools, public and private, in 
598all the big cities of the State and for the further price of giving the vac¬ 
599cinating doctors double pay for this evil work, is so obvious and ?raw? 
600in its moral and political ugliness that it needs no further comment here. 
601But perhaps there was some special reason for this peculiar piece of 
602work, which some of our politicians can explain to us if they will. 
603
604MR. LOYSTER?S PAMPHLET. 
605
606Now with regard to Mr. Loyster, it must be specially noted that 
607this intelligent man was a most grievous sufferer himself from the medi¬ 
608cal crime of compulsory vaccination, having lost his own precious boy 
609
6107 
611
612
613through this medical evil last summer, and he has since published a 
614striking pamphlet as a memorial to his lost boy, showing the deaths of 
615about thirty children from coercive vaccination in this State in 1914. 
616A copy of this remarkable pamphlet will be mailed upon request, ac¬ 
617companied by ten cents to cover costs of printing and postage. The 
618title of this pamphlet is ?Vaccination Results in New York State in 
6191914,? and it is illustrated with photographs of many children killed by 
620vaccination in this State in the great vaccination raid of 1914 improp¬ 
621erly forced upon the schools of the State by the Department of Educa¬ 
622tion under the illegal dictation of the Department of Health. 
623
624In this pamphlet Mr. Loyster shows what our League has been 
625impressing on the public for years, that vaccination is killing more 
626children than smallpox and is now not only more dangerous than small¬ 
627pox, but is quite needless as an alleged remedy for its prevention. In 
628his ''conclusions? he manfully took the same ground that we have been 
629urging for years, demanding the complete repeal of all compulsion as 
630the following extracts from his pamphlet will show, viz.: 
631
632(1) ?Vaccination has been the cause, directly or indirectly, of 
633the death of at least fifty children in New York State in 1914.? 
634
635(4) ?Vaccination of children is wrong in principle, is not in 
636harmony with the trend of the best medical practice and should be 
637abandoned.? 
638
639(8) ?A new section of the Public Health Law should be enacted 
640which should provide for the repeal of compulsory vaccination as a pre¬ 
641requisite for an education.? 
642
643Notwithstanding this clear re-echo of the principles of our League 
644from a man who is not a member of it, and, shameful and strange to 
645say, this man drew up a bill in connection with the State Departments 
646of Health and Education which violated every one of these principles 
647and gave this bill to his local legislators to introduce, using all his own 
648political influence to rush it through the legislature. This shocking 
649bill, as first drawn, instead of reducing or repealing compulsion, actu¬ 
650ally gave the medical interests everything they had been trying to get 
651for years past and which our League had so far prevented, viz.: 
652
653(1) Compulsory vaccination on every school child in the State, 
654public and private. 
655
656(2) Forced vaccination of every school child repeated every year! 
657
658(3) It changed the discretionary enforcement of the law from the 
659school officers who have no pecuniary interest in vaccination, as in the 
660
6618 
662
663
664old law, to the mandatory enforcement of the health officers having 
665a direct pecuniary interest in this enforcement; and, 
666
667(4) It actually gave the vaccinating doctors extra or double pay 
668for every vaccination performed, as you will note in paragraph 3 of this 
669law annexed, which is in gross violation of the State Constitution, 
670Article III, Section 28. This remarkable piece of medical craft and 
671graft was probably either the result of Mr. Loyster's own innocent ideas 
672or the crafty work of the medical or vaccination interests in this State 
673into which he was unconsciously misled by his unfamiliarity with and 
674newness in this whole subject. After drawing this bill he submitted it 
675to us for approval and actually had the simplicity or effrontery to expect 
676that the members of our League were such fools, cowards, stultifiers and 
677traitors that we could be expected to co-operate with him in the ad¬ 
678vancement of such a stupid and dangerous measure instead of fighting 
679against it to the end as representing every evil against which we had 
680been working steadily for years and as a complete surrender to the 
681advocates of medical compulsion of everything for which they had been 
682long striving and which they now get in this Loyster Law. We there¬ 
683fore believe that for a man of Mr. Loyster?s intelligence, with his ex¬ 
684perience of acute suffering from vaccination and his evident political 
685influence in the State, that for him to have drawn and advocated any 
686such bill, or to work for or accept any reform less than a full repeal of 
687all compulsory vaccination, which by his own showing killed his own 
688son and forty or fifty other children in the State in one year, was 
689nothing less than a most contemptible piece of political cowardice which 
690makes a most shocking anti-climax to his remarkable pamphlet and a 
691most sinister monument to his martyred boy, which must forever haunt 
692and mock at him for the rest of his life unless he immediately repents 
693of this mistake by working for the absolute repeal of the present shame¬ 
694ful law at the earliest possible moment. 
695
696From what has been already shown it is almost needless to now 
697say that such a law as I have just described?the present Loyster- 
698Tallett-Jones Law?is a moral crime on the people of this State and is, 
699I believe, clearly illegal and unconstitutional on broad legislative prin¬ 
700ciples, but, of course, it will take a great deal of hard work and much 
701expense to defeat such laws in our courts, no matter how bad they are, 
702a work which I presume men like yourself are not anxious to tackle 
703or able to undertake. 
704
705I enclose one of my pamphlets, ?A Heart to Heart Talk,? which 
706will show you how our League has fought this evil law to the very 
707end. It was finally passed, however, and signed by the Governor about 
708
7099 
710
711
712April 1st, with a serious change which we helped to compel, viz., cutting 
713out the condition for vaccination every year, but the evil of separate laws 
714for city and country districts was added, which, backed by the country 
715politicians and the State Department of Health, we were not able to de¬ 
716feat but which will yet kill this law in our courts, if not repealed before 
717this legal test is made, as this arbitrary local discrimination against the 
718cities makes this enactment an illegal class law and not a ?law of the 
719land.? 
720
721SMALLPOX TEN TIMES MORE FREQUENT IN COUNTRY 
722
723THAN CITY 
724
725The alleged reason for taking rigid compulsion off the country dis¬ 
726tricts and putting it on the cities was the false and stupid reason that 
727smallpox is less frequent in the country than in the city, whereas the 
728very reverse is the fact, smallpox being actually more of a country dis¬ 
729ease than a city disease and being usually from five to twenty times 
730more frequent in the country than in the city. For example, in 1914 the 
731total number of smallpox cases in our whole State of ten millions was 
732791 with only 3 deaths! The 3 deaths were all in the districts 
733outside of the 5 big cities; and only 24 of these cases occurred in New 
734York City, with over half the population of the State, and only 41 of the 
735791 cases occurred in the ten leading cities, containing two-thirds of the 
736whole population of the State. On the other hand, 749 cases occurred 
737in the country districts, having only one-third of the total population, 
738or nearly thirty times the absolute number in New York City or sixty 
739times the relative number! This remarkable showing of statistical facts 
740is sufficient proof of the folly and falseness of our vaccination laws 
741and the gross ignorance or dishonesty of some of their advocates or 
742promoters and beneficiaries. 
743
744HOW TO LEGALLY EVADE AND DEFEAT THE LOYSTER 
745
746LAW 
747
748FIRST DEFENSE: DOCTOR'S CERTIFICATE OF DANGER TO 
749
750HEALTH OR LIFE 
751
752Under the present circumstances, therefore, the best advice I can 
753now give you for legally defeating or evading this evil law and getting 
754your child admitted to school without the serious or fatal danger of 
755
75610 
757
758
759vaccination is to get a doctor's certificate that vaccination will be in¬ 
760jurious to your child in his present state of health, upon which cer¬ 
761tificate he can be admitted to any public school under existing rules of 
762the Department of Education. You will find that there are several 
763good doctors in the city strongly opposed to child vaccination who are 
764fully aware of its great dangers to the health and life of children and 
765who know that there are many children so susceptible to this form of 
766blood poisoning as to make it highly dangerous or possibly fatal to them. 
767
768
769DEATHS OF 30 CHILDREN FROM VACCINATION IN 1914 
770
771We have now on hand positive and circumstantial evidence, suffi¬ 
772cient to convince any ordinary jury, of nearly thirty deaths of school 
773children from vaccination, by lockjaw and other blood infections in¬ 
774troduced in the vaccination wound, all in 1914 in this State alone! 
775Three or more of these deaths occurred in Brooklyn or its vicinity, 
776whereas there were only three deaths from smallpox in the whole State 
777in the same year! As supplemental to this irrefragable evidence against 
778vaccination, the yearly reports of the highest statistical authority in the 
779world, the Registrar-General of England, show that for several years 
780past the deaths of children from vaccination greatly exceed deaths of 
781children from smallpox, and yet our health officials and vaccinating 
782doctors in this City and State constantly deceive the public mind with 
783the outrageous medical and statistical falsehood that vaccination is per¬ 
784fectly safe and harmless and never causes any serious injury except 
785that brought about by the fault of the patient himself. 
786
787
788THE GREATEST SIN IN THE MORAL CODE COMMITTED BY 
789
790VACCINATORS. 
791
792This awful falsehood of our vaccinators constantly uttered that 
793vaccination is perfectly or relatively safe and harmless, may therefore 
794be said to come under the classification of the highest sin in the moral 
795code of Christianity known as ?the sin against the Holy Ghost"?the 
796Spirit of Truth?which consists in brazenly ?impugning the known 
797truth" for the motives of some concealment of error, pride of opinion 
798or professional profit. This is the gravest of all sins which The Greatest 
799Hebrew Prophet has solemnly told us will not be forgiven either in this 
800world or the world to come! 
801
802
80311 
804
805
806SECOND DEFENSE (FOR CITY PARENTS) : CHANGE RESI¬ 
807DENCE TO COUNTRY DISTRICT 
808
809
810Another good suggestion I can give you for the defense of your 
811children against this barbarous law which makes compulsory disease a 
812pre-condition for education, is to change your residence to one of the 
813suburbs on the outer edge or beyond the limits of New York City, 
814where children can be admitted under the present law without vaccina¬ 
815tion. 
816
817THE THIRD DEFENSE?PRIVATE SCHOOLS AND CONSTI¬ 
818TUTIONAL RIGHTS. 
819
820A further suggestion is to send your child to any of the big private 
821schools in the City, the Friends School or the Berkeley Institute for 
822instance, which are opposed to compulsory vaccination and in which 
823it is believed that the Health officials or medical interests back of 
824them will not attempt to enforce the present evil and illegal law and 
825where this law will be readily broken down if legally tested there. My 
826own children go to the Friends School and to the Packer Institute, and 
827I am prepared to legally defend them from this almost criminal law 
828and defeat it legally in the courts if any attempt is made to deprive the 
829children of these schools or their parents of any of our inalienable and 
830constitutional rights?the highest and most indispensable of these rights 
831being obviously the right to education?which our medical despots will 
832find cannot be taken away from any citizen in this great State ?unless 
833by the law of the land or the judgment of his peers? (see State Con¬ 
834stitution Article 1st). 
835
836COMPULSORY VACCINATION LEGALLY A CRIME 
837
838The present law is not a ?law of the land,? as already shown, but 
839is the law of a political and medical clique which controls our legislation 
840applied arbitrarily to one section of the people only and passed under 
841conditions which I believe will not stand the light of day and are illegal, 
842as I showed in my protest at the hearing before the Governor. This 
843law, in fact, impresses an illegal and criminal condition on the citizen 
844and parent, that he must first endanger the health or life of his healthy 
845child as a condition for education by deliberately inflicting upon him 
846a disease of blood poisoning, which is now demonstrably more danger¬ 
847ous to public health and human life than smallpox itself and actually 
848
84912 
850
851
852kills more children every year than smallpox and has also been proved 
853to be the cause of our great epidemics of foot and mouth disease of 
854cattle, which have caused the slaughter of hundreds of thousands of 
855farm animals all over this country in 1902, 1908 and 1914, and have 
856already cost the State and National governments and our farmers, 
857dairymen and stockmen many millions of dollars. Of course, no such 
858evil practice capable of such deadly results can be forced legally on 
859any person in this State under our fundamental laws and charters. 
860
861FOURTH DEFENSE: CRIMINAL PROSECUTION OF VACCIN¬ 
862ATORS UNDER COMMON LAW AND PENAL CODE 
863
864You will see that I have described forced vaccination under the 
865present Loyster Law as a crime on the people, which I insist upon 
866with all legal soberness and seriousness because it is actually a crime 
867under common and statute law to maim, wound or assault the human 
868body or to inflict upon it any medical malpractice or infectious disease 
869capable of causing serious injury or death, and particularly is it a crime 
870to inflict such a malpractice on children under section 483 of the Penal 
871Code, which prohibits ?Endangering Life or Health of Child? and it 
872is therefore high time that all persons who may be legally or morally 
873responsible for the killing of the thirty or more children in this State 
874by forced vaccination in the last year were tried before a Common 
875Court and Jury under these laws. 
876
877
87813 
879
880
881FIFTH DEFENSE: NO LEGAL POWER EXISTS TO COMPEL 
882
883VACCINATION 
884
885VACCINATION LAW CONFLICTS WITH EDUCATION LAW 
886AND DISTRICT SCHOOL OFFICERS HAVE POWER TO 
887SUSPEND VACCINATION LAW AND ADMIT UNVACCIN¬ 
888ATED CHILDREN, ACCORDING TO DECISION OF DEPART¬ 
889MENT OF EDUCATION BY COMMISSIONER DRAPER IN 
8901912. 
891
892
893This is a very important point of legal defense against the vaccina¬ 
894tion law which I wish to particularly impress upon and make plain 
895to you and other parents and especially to all school officers in public 
896or private schools. 
897
898
899NO LAW OR LEGAL POWER IN THE STATE TO COMPEL 
900
901VACCINATION 
902
903Contrary to the general false idea there is absolutely no law in this 
904State now and never was, directing, requiring or compelling any one to 
905be vaccinated or directing or compelling any parent to have his child 
906vaccinated to attend school or otherwise. In fact, some of our higher 
907courts have decided that there is no power in the Legislature itself to 
908make vaccination compulsory or compel any one to be vaccinated. See 
909decision of Judge Gaynor against Health Commissioner Emery of 
910Brooklyn in 1894, and the decision of the Court of Appeals sustaining 
911Judge Gaynor. See also decision of Judge Woodward of the Appellate 
912Court in the case of Viemeister in 1903. The Supreme Court of Massa¬ 
913chusetts in the case of Jacobson in 1903 decided that it was not in the 
914power of the law to compel vaccination of any one who objected to it, 
915but only to collect the fine of five dollars. The Supreme Court of the 
916United States, in this same case of Jacobson, decided in 1904 that 
917the fine as an alternative to vaccination was constitutional, but Judges 
918Brewer and Peckham dissented, evidently holding that not even this 
919fine of $5 was constitutional as an effort to compel vaccination. 
920This great court, however, agreed unanimously that vaccination could 
921not be forced on any one who could show that it was dangerous to their 
922health or life. Judge Bartlett of the New York Supreme Court in the 
923case of Walters in 1894 decided that to compel vaccination by intimida¬ 
924tion or force was criminal assault. 
925
926
92714 
928
929
930The only school vaccination law we now have or ever did have 
931in this State does not compel any one to be vaccinated but merely 
932authorizes the school officers to exclude or refuse admission to any 
933child or other person who does not wish to adopt vaccination, but there 
934is no power in the school officers or even in the law or legislature itself 
935to compel any one to be vaccinated against will and consent. Now, 
936therefore, while we have no vaccination law compelling or directing any 
937one to be vaccinated, we have an Education Law which very clearly 
938and positively compels all children between six and fourteen years of 
939age in proper physical and mental health to ?attend upon instruction? 
940at a school of some kind, public or private. There is also a distinct 
941law applying to all parents, or others in parental relation to children, 
942compelling them to cause all healthy children of school age to ?attend 
943upon instruction? under positive penalties for neglect to do so. Now 
944please note this important point, viz.: There is a distinct penal law 
945compelling parents to send their children to school and also a law 
946binding on the school officers compelling education for every healthy 
947child, but there is no law whatever compelling any parent to have any 
948child vaccinated to attend school or otherwise. Consequently every 
949parent who sends his healthy child to school, whether vaccinated or 
950not, obeys this law, and the school officers who refuse to admit such 
951healthy child and give him education?his most indispensable and in¬ 
952alienable right which no one can take away from him?break this law. 
953Therefore, the parent who will persist in sending his child to school and 
954persist in refusing to have his health or life endangered by vaccination 
955breaks no law whatever but faithfully performs his parental duties and 
956fully obeys the laws as they are and cannot be prosecuted for fading to 
957have his child vaccinated, as there is no such offense under any of our 
958existing laws. On the contrary, the parent can properly plead that 
959there is one penal law that he would violate if he had his child vaccin¬ 
960ated, to the endangering of his health and life, viz., Section 483 of the 
961Penal Code, on this very point already referred to. 
962
963DECISION OF COURT OF APPEALS IN EKEROLD CASE 
964
965EXPLAINED 
966
967There is one recent decision of the Court of Appeals in the case of 
968the parent Ekerold which has been grossly misrepresented by the vac¬ 
969cinators who try to make it appear that Ekerold was fined for not hav¬ 
970ing his child vaccinated. He, of course, could not be legally prose¬ 
971cuted or fined for this act or omission because there is no law whatever 
972compelling any parent to vaccinate his child under penalty of fine or 
973
97415 
975
976
977otherwise, and it is, of course, as true in the laws of the State of New 
978York as in the Epistle of St. Paul to the Romans that ?where no law 
979is there is no transgression. ,, Ekerold was fined simply for not sending 
980his child to school and not for failing to vaccinate him, and the whole 
981decision turns on that point and the Court clearly pointed out that if 
982Ekerold objected to vaccination he could easily have sent his child to 
983private school, where vaccination was not required under the old law 
984under which this decision was rendered. If, therefore, Ekerold had been 
985properly advised in the first place he would have persisted in sending 
986his child to the public school and demanded education for him there 
987under the compulsory education law, and also would have persisted 
988in his legal right to refuse to have the health or life of his child en¬ 
989dangered by vaccination, and if the school officers then refused to 
990give him education they would thereby be the breakers of the education 
991law and not Ekerold, who could not, of course, be prosecuted under 
992this law, which simply requires that parents cause their children to 
993?attend upon instruction.? 
994
995Now to show how sound and safe this point of law is I will simply 
996state that there have been about half a dozen cases already tried before 
997courts and juries in different parts of the State where it was attempted 
998to convict and fine parents for violation of the education law under 
999these very circumstances where parents persisted in sending their 
1000children to public school, but refused to have them vaccinated, and 
1001the jury failed to convict in every case and freed the parent. 
1002
1003DECISION OF COMMISSIONER DRAPER OF DEPARTMENT 
1004OF EDUCATION IN THE CASE OF THE TOWN OF OLEAN 
1005
1006If, therefore, you and other parents will combine and adopt this 
1007legal course and refuse to have your children vaccinated but persist 
1008in sending them every day to your local public school and demand in¬ 
1009struction for them under the compulsory Education Law you will see 
1010that the school officers will soon find a good legal reason to admit 
1011them. This reason is in the law itself, as just explained, and in the 
1012decision rendered in the Department of Education at Albany by Com¬ 
1013missioner Draper in 1912 in the case of the town of Olean, where 
1014hundreds of parents refused to have their children vaccinated on 
1015account of danger to health and life but insisted on their right to 
1016public education under the education law and where two thousand 
1017children have ever since attended school unvaccinated. The schools 
1018in Newburgh, Niagara Falls, and several other towns in the State 
1019
102016 
1021
1022
1023have also admitted unvaccinated children freely on this decision. In 
1024this case Commissioner Draper decided that the vaccination law con¬ 
1025flicted with the education law and that, as both laws could not be en¬ 
1026forced, the school officers should suspend the vaccination law and en¬ 
1027force the education law until the Legislature should remove the conflict 
1028in the two laws. The Legislature has not yet, however, removed the 
1029conflict, as the new law is just as stupid and conflicting in this respect 
1030as the old law and therefore the decision of Commissioner Draper still 
1031holds as a binding authority on the Department of Education and on all 
1032public schools under it and it should here be fully understood that a 
1033decision of the Commissioner of Education is final and unappealable 
1034and binding on every public school officer in the State. 
1035
1036Under these legal principles, therefore, the officers of every public 
1037or private school in the State have power at their discretion to admit 
1038any child unvaccinated with or without a doctor's certificate, as men¬ 
1039tioned in the First Defense. 
1040
1041RE-VACCINATION ILLEGAL?ONE VACCINATION 
1042SUFFICIENT 
1043
1044Another point that I wish to particularly impress upon you is that 
1045if your child has been once vaccinated, whether ?successfully" or not, 
1046and no matter how many years ago, he cannot be legally required to be 
1047re-vaccinated under section 310, paragraph 1 of the present law apply¬ 
1048ing to cities but must be admitted to school without re-vaccination. It 
1049may be that your child has been already vaccinated, although a long 
1050time since, and, if so, you can get him admitted to any public school in 
1051the cities under the present law without further vaccination. 
1052
1053ANOTHER VITAL LEGAL POINT 
1054EDUCATION WHEN PAID FOR IS A RIGHT AND NOT A 
1055
1056?PRIVILEGE" 
1057
1058The cases of Walters in 1894 and of Viemeister in 1903 were in¬ 
1059stances where parents attempted to force the admission of their children 
1060into the public schools without vaccination under the old law of 1893. 
1061In both these cases our courts decided that public education ?at the ex¬ 
1062pense of the State "?which means to a person who pays no school taxes 
1063or costs of education?is a ?privilege" and not a ?right." Walters 
1064and Viemeister it appears were not taxpayers and this point was actu¬ 
1065ally raised against them in court. To a parent, however, who is a tax¬ 
1066payer and pays his school taxes or other costs of the education of his 
1067
106817 
1069
1070
1071children, it is obvious that the case is quite different and that this legal 
1072point made in these court decisions does not apply to him and that paid- 
1073for education, public or private, is not a mere ?privilege,? like free board 
1074for a pauper, but is clearly a citizen's ?righf? and cannot, we believe, 
1075be legally refused under the Compulsory Education Law to any tax- 
1076paying citizen or healthy child merely because the parent will not 
1077expose his healthy child to the serious or fatal danger of disease inocu¬ 
1078lation, which is in itself an illegal requirement, as before shown. We 
1079have already shown that the court in both of these cases admitted that 
1080there was no power in the law to compel any one to be vaccinated and 
1081that to force vaccination on any one was criminal assault. 
1082
1083These decisions, therefore, in no way refute the right of a tax- 
1084paying citizen to get his healthy child admitted to school without vac¬ 
1085cination and particularly not where the school officer elects at his dis¬ 
1086cretion to so admit him under the decision of the Commissioner of 
1087Education in the case of the town of Olean in 1912, as before cited, 
1088which is final and binding in the schools of the State, as has been shown. 
1089
1090Under these several decisions, therefore, there is everything to 
1091authorize and nothing to prevent any school officer, in public or private 
1092school, from exercising his discretion and admitting any healthy un- 
1093vaccinated child, notwithstanding the present Loyster Law, which is 
1094actually legally non-enforceable in the case of every school officer who 
1095thus acts within his legal rights, as already indicated. 
1096
1097I will finally here point out a fundamental, vital and legal reason 
1098to justify any school officer in suspending the vaccination law in any 
1099school at any time, which is this:?The school vaccination law was 
1100passed by the Legislature under a medical deception and is now main¬ 
1101tained on the people by a gross medical deception that this operation 
1102is entirely beneficial, necessary for the prevention of smallpox epidemics 
1103and perfectly safe and harmless, and never causes any injury or death, 
1104whereas, in fact, by government record, it now kills more children than 
1105smallpox, as shown by the reports of the highest statistical authority 
1106in the world, the Registrar-General of England. This positive fact, 
1107therefore, entirely alters the aspect of this medical operation before the 
1108Public, the Courts and the Law, so that there is sufficient solid ground 
1109in this legal, hygienic and statistical fact alone to justify any local 
1110school board in at once suspending vaccination in any school or district 
1111where this fact becomes apparent to their official minds. Our highest 
1112court in this country, the U. S. Supreme Court, in the case of Jacob¬ 
1113son, appealed from Massachusetts, decided positively on this very 
1114point that vaccination could not be legally forced on any one who can 
1115
111618 
1117
1118
1119show that it is dangerous to health and life, and two judges of this 
1120court by dissent held that this Massachusetts law to enforce vaccination 
1121by a fine was not constitutional. 
1122
1123DEATHS FROM VACCINATION GREATER THAN DEATHS 
1124
1125FROM SMALLPOX 
1126
1127A PUBLIC CHALLENGE RENEWED 
1128
1129To prove the positive statement made in the previous paragraph as 
1130to the demonstrated fatality of vaccination and therefore the conse¬ 
1131quent illegality of its enforcement, I will now refer to the report of the 
1132Registrar-General of England and Wales for the recent year of 1911 
1133where this most significant comparative data is given as to deaths from 
1134smallpox and vaccination for that year: 
1135
1136
1137Total deaths from smallpox for all ages. 23 
1138
1139Deaths from smallpox under 5 years. 6 
1140
1141Total deaths from vaccination, all ages.. 14 
1142
1143Deaths from vaccination under 5 years. 14 
1144
1145Specific Diseases or Causes of Death in Said 14 Fatal 
1146Vaccinations? 
1147
1148From ?Vaccinia? or ?Cowpox? directly.... 6 
1149
1150From Vaccination resulting in Fatal Septicemia. 5 
1151
1152From Vaccination resulting in Fatal Erysipelas. 3 
1153
1154Total. 14 
1155
1156
1157Here we will see from one of the latest published annual records of 
1158the highest statistical authority in the world that for the year 1911 in 
1159England and Wales, in a population of about 36,000,000 the total deaths 
1160from vaccination were 14, or more than half the total deaths from small¬ 
1161pox, which were 23! On the other hand, the deaths from smallpox in 
1162little children were only six, and exactly equal to the deaths caused 
1163directly by ?vaccinia? or cowpox, pure and simple, in children of the 
1164same age, whereas the additional deaths from wound infections in the 
1165vaccination sores, viz.: from Septicemia and Erysipelas, added eight 
1166more fatalities, thus making the deaths from vaccination in little 
1167children over twice as many as the deaths from smallpox! 
1168
1169To show that deaths from vaccination in this year of 1911 in Eng¬ 
1170land, as compared to deaths from smallpox, are nothing unusual and 
1171that such deaths occur more or less constantly every year, and that the 
1172total yearly deaths from vaccination exceed total yearly deaths from 
1173smallpox, particularly in children, I can give this further impressive 
1174
117519 
1176
1177
1178
1179
1180
1181
1182
1183
1184
1185
1186data from the reports of the Registrar-General for several years previ¬ 
1187ous to 1911, as follows: 
1188
1189
1190Year. Total Deaths from Total Deaths from 
1191
1192Smallpox. Vaccination. 
1193
11941906 . 21 29 
1195
11961907 . 10 12 
1197
11981908 . 12 13 
1199
1200
1201Total Deaths from Smallpox for six years 1905 to 1910.. 199 
1202Total Deaths from Vaccination for six years 1905 to 1910 99 
1203
1204Deaths from Smallpox in said period under 5 years old.. 26 
1205Deaths from Vaccination in said period under 5 years old 98 
1206
1207This awful record of fatal vaccinations thus speaks very clearly for 
1208itself and forms an absolute indictment of the whole barbarous and 
1209murderous system of compulsory vaccination, particularly for little 
1210children, as being both illegal and criminal in its very nature, and needs 
1211no further comment here. It can be further proved that an equal or 
1212greater fatality from vaccination, as compared to the English records, 
1213occurs in our own State of New York, but these fatalities are denied 
1214and concealed in our death certificates and yearly reports by our vac¬ 
1215cinating doctors and health officials of city and state, as I have re¬ 
1216peatedly and publicly charged and have challenged these doctors and 
1217officials to deny or disprove this charge if they can or dare, and I now 
1218hereby renew this public challenge on this most serious point. 
1219
1220COMPULSORY VACCINATION NOT NECESSARY TO PRE¬ 
1221VENT SMALLPOX 
1222
1223In England, the home of vaccination, no compulsion is placed on 
1224the school age but only on the infant class, under five years, this age 
1225being the most susceptible to smallpox, the adult age (over 20) being 
1226the next most susceptible, whereas the school age (from 6 to 19) is the 
1227least susceptible to smallpox of any part of the population. Even in 
1228this infant age any child can be exempted from vaccination by a special 
1229law known as the ?conscientious clause/' which allows their parents to 
1230file a declaration of conscientious objection within the first year of life, 
1231under which law nearly half of the children born in England are now 
1232exempted from vaccination as a recognition by parents of its great 
1233danger to health and fife. Notwithstanding this great decline in English 
1234vaccination and its almost entire absence on school children, smallpox 
1235has steadily declined in England with the corresponding increase of 
1236sanitation and hygiene, so that the English Minister of Health, Hon. 
1237John Burns, made this public declaration in the House of Commons on 
1238
123920 
1240
1241
1242
1243
1244
1245April 12, 1911, that: ?Just in proportion as in recent years exemptions 
1246(from vaccination) have gone up from 4 per cent, to 30 per cent., so 
1247deaths from smallpox have declined.? 
1248
1249In the third greatest state in our country, Illinois, with the second 
1250largest city, there is no compulsory vaccination on school children and 
1251yet no increase of smallpox has been shown after many years of trial. 
1252In the large state of Minnesota there is also no compulsion on school 
1253children, and in the small state of Utah compulsion is absolutely pro¬ 
1254hibited; yet in all of these instances of small and large states it has not 
1255been found that any increase of smallpox has resulted from the decline 
1256of vaccination. In fact, the English city of Leicester, of about 300,000 
1257population, is a brilliant example of the needlessness of vaccination to 
1258prevent smallpox and the value of its abolition to health and life. This 
1259city has practically abandoned the use of vaccination for the last 35 
1260years and has relied almost entirely on sanitation and isolation and yet 
1261has had no trouble in controlling smallpox, but has had one of the lowest 
1262figures for smallpox mortality, general death-rate and infant mortality 
1263in the world. See the remarkable acknowledgment of these facts 
1264from opposite sides, viz., from the anti-vaccination side in the book by 
1265Mr. J. T. Biggs, former town official of Leicester, entitled ?Leicester?- 
1266Sanitation vs. Vaccination,? London, 1912, and from the pro side in the 
1267recent convincing work of Dr. Killick Millard, present health officer of 
1268Leicester, in his book, ?The Vaccination Question/' London, 1914. 
1269
1270THE LEICESTER METHOD 
1271PREVENTING SMALLPOX WITHOUT VACCINATION 
1272
1273This is the gist of what Health Officer Millard?a pro-vaccinist? 
1274says of the success of the Leicester method of preventing smallpox 
1275without vaccination : 
1276
1277?The two crucial and outstanding facts which I wish to lay 
1278stress upon, are: 
1279
1280?(a) The unexpected and remarkable experience of the town of 
1281Leicester, which for thirty years has abandoned infantile vaccination, 
1282yet has shown an enormous decline in smallpox mortality. 
1283
1284?(b) The fact that although infantile vaccination is falling more 
1285and more into disuse throughout the whole country, yet smallpox, con¬ 
1286trary to all pro-vaccinist expectation and prophecy, continues to de¬ 
1287cline and has almost disappeared." 
1288
1289* * * ?The striking facts that in Leicester, without infantile 
1290vaccination the decline has been greater than in most places, and 
1291
129221 
1293
1294
1295that throughout the country smallpox has continued to decrease in spite 
1296of the falling off in vaccination, should surely be sufficient grounds 
1297for legitimate doubt. 
1298
1299* * * ?If it can be shown that ?sanitation? thoroughly carried 
1300out, is alone sufficient for the effective control of smallpox in this 
1301country fas in Leicester] why inflict upon the community universal 
1302vaccination with all its inseparable drawbacks? Moreover, what justi¬ 
1303fication can there be any longer for compulsion? 
1304
1305?It cannot be denied that vaccination causes, in the aggregate, 
1306very considerable injury to health, most of it only temporary, but 
1307some permanent. * * * we must never forget that vaccination is 
1308
1309an evil. Vaccinia is just as much a disease as smallpox, though a 
1310less serious one, and all diseases must be regarded as evil and to be 
1311avoided if possible. There is not the slightest evidence that vaccination 
1312apart from its effect in preventing smallpox is of the least value or 
1313anything but detrimental to the human race. * * * ?During the 
1314
1315last decade the deaths from vaccinia have several times outnumbered 
1316those from smallpox, whilst if we have regard to the amount of ill 
1317health caused by the two diseases (and putting aside for the moment 
1318the question of the alleged effect of vaccination in lessening smallpox) 
1319it looks as if vaccinia were becoming, so far as the community is con¬ 
1320cerned, the more serious disease of the two. * * * ?Infantile vac¬ 
1321
1322cination has one serious drawback; whilst mitigating smallpox it also 
1323disguises it, and in this way tends to spread the disease. 
1324
1325?I regard this proposition of so much importance, and it has re¬ 
1326ceived so little attention, that I propose to devote a separate chapter 
1327to its consideration.? 
1328
1329
1330A MOST IMPORTANT POINT 
1331VACCINATION ADMITTEDLY SPREADS SMALLPOX 
1332
1333Dr. Millard in this last paragraph makes a point which seems to 
1334be novel to pro-vaccinists but has been well known to anti-vaccinists 
1335for a long time, and it is very important that this should be clearly un¬ 
1336derstood. This point really is that the majority of cases of smallpox 
1337always occur among the vaccinated and the majority of cases are 
1338usually very mild, whether among the vaccinated or unvaccinated. 
1339
1340It is in fact just because smallpox is usually such a mild disease, 
1341instead of the very severe disease popularly supposed, that most epi¬ 
1342demics are allowed to spread. Ordinary smallpox may simply and 
1343
134422 
1345
1346
1347briefly be described as like an ordinary or severe cold, with pimples 
1348breaking out on the face and hands, and the average person and even 
1349the average doctor being unacquainted with the disease does not recog¬ 
1350nize it until some time after the infected person has exposed many others 
1351to the disease. Smallpox is often confounded with measles, scarlet 
1352fever, chicken pox, scurvy and some other diseases, and this con¬ 
1353fusion by non-expert doctors is one of the chief causes for the spread 
1354of the infection in most outbreaks of the disease. 
1355
1356Now on account of the ignorance and incompetence of the aver¬ 
1357age doctor in recognizing smallpox and by his false faith in vaccina¬ 
1358tion as a sure preventative a false rule of diagnosis has been generally 
1359adopted by the profession which is actually this: If the patient has 
1360been vaccinated, recently or otherwise, the disease is diagnosed as not J 
1361smallpox, but if not vaccinated, it is declared to be smallpox! The 
1362result is that the vaccinated person with actual but ?disguised? small¬ 
1363pox is not isolated but is allowed free range until he has infected 
1364several others and spread an epidemic in his own vicinity. On the 
1365other hand if this infecting person had not been vaccinated at all his 
1366disease would promptly be declared to be actual smallpox and he 
1367would be at once isolated and further spread of the disease prevented. 
1368
1369It is for this reason therefore that Dr. Millard so wisely and truly 
1370says that vaccination actually serves to spread smallpox, a fact long 
1371well known to our anti-vaccination leagues but now clearly admitted 
1372by a pro-vaccinist. 
1373
1374
1375OUR TEN CITIES OF FIRST AND SECOND CLASSES 
1376COMPARED TO LEICESTER. 
1377
1378Before leaving this subject of the Leicester method of preventing 
1379smallpox without vaccination, it may be proper to call attention to the 
1380fact that of the five big and five small cities in this State on which com¬ 
1381pulsory vaccination is now placed by the Loyster law, eight of these 
1382cities, viz.: Albany, Syracuse, Rochester, Yonkers, Schenectady, Utica, 
1383Troy and Binghampton, are all much smaller in population than Leices¬ 
1384ter, and only New York and Buffalo are larger, and yet this large city 
1385of Leicester, larger than eight of our ten largest cities, has proved how 
1386practical it is to prevent smallpox by sanitation and hygiene, without 
1387vaccination, which result can, of course, be equally effected in our 
1388cities, large or small, without any of the coercive vaccination which is 
1389now forced on these cities by this evil and illegal Loyster Law. 
1390
139123 
1392
1393
1394VOLUNTARY VACCINATION NOT OPPOSED BY OUR 
1395
1396LEAGUE 
1397
1398
1399HIGHEST MEDICAL AUTHORITY TO-DAY OPPOSED TO 
1400
1401COMPULSION 
1402
1403At this point we might emphasize the fact that while our League 
1404is absolutely opposed to all compulsion, we do not oppose voluntary 
1405vaccination, although we believe that in most cases the operation is 
1406needless and dangerous and will yet be prohibited by penal law, just 
1407as its dangerous predecessor smallpox inoculation was so prohibited, 
1408although approved for over a century by the highest medical authori¬ 
1409ties of the time. 
1410
1411It will therefore be seen that we agree with the most advanced 
1412and intelligent pro-vaccinists of to-day, as represented by Dr. Millard 
1413in simply opposing all compulsion and leaving voluntary vaccination 
1414free for every one who desires it. 
1415
1416This fundamental attitude which Dr. Millard and our leagues take 
1417on freedom from all compulsion, is that also taken in the latest and 
1418highest work of medical authority to-day, viz.: the latest edition of 
1419?Modern Medicine? by Doctors Osier and McCrae published in four 
1420volumes and dated 1913. In Vol. 1, P. 848, this latest and highest 
1421medical authority states as follows as regards vaccination: ?With the 
1422greatest care, however, certain risks are present and so it is unwise 
1423for the physician to force the operation upon those who are unwilling, 
1424or to give assurances of absolute harmlessness.? 
1425
1426Now this is substantially the attitude which our Leagues take in 
1427this controversy and if it is good enough for the highest and latest 
1428written authority on medicine to-day it is good enough for our medical 
1429societies, our health departments, our school officers and our legislators 
1430in this state to take, and therefore all compulsory or coercive vaccina¬ 
1431tion should be at once abandoned, repealed and prohibited as being 
1432absolutely a gross medical barbarism and danger, particularly on 
1433school children, and a violation of fundamental personal rights of parent 
1434and child as already demonstrated. 
1435
1436
143724 
1438
1439
1440RECAPITULATION 
1441
1442
1443COMPELLING VACCINATION BY FORCE OR INTIMIDATION 
1444A CRIME UNDER PENAL CODE AND DECISIONS OF OUR 
1445COURTS. 
1446
1447CAUTION TO PARENTS AND SCHOOL OFFICERS AND 
1448WARNING TO VACCINATORS, DOCTORS AND HEALTH 
1449OFFICERS. 
1450
1451As a condensation or recapitulation of the advices already given, I 
1452will now say that parents and school officers must not for one minute 
1453lose sight of these four most important legal points: 
1454
1455(1) There is no law in this state to actually compel or require any 
1456one to be vaccinated. 
1457
1458(2) Parents have an absolute right to refuse to have their children 
1459vaccinated, or deliberately diseased, as endangering their health and life. 
1460
1461(3) Parents have an absolute right to have their healthy children 
1462educated when they pay for the education. 
1463
1464(4) Every school officer in public or private school has the full 
1465right to admit, at his discretion, any child or person unvaccinated, where 
1466he believes vaccination will be dangerous to health or life, with or with¬ 
1467out a doctor's certificate. 
1468
1469With a clear recognition, therefore, of these four impregnable legal 
1470points, parents and school officers have the matter of school vaccina¬ 
1471tion securely in their own hands and can suspend vaccination in any 
1472given case or in any particular school at their own discretion as they 
1473shall best determine, and no power in this State can compel any child 
1474or other person to be vaccinated against will and consent or force any 
1475school officer to exclude from school or deny education to any healthy 
1476child against the will and discretion of such school officer. 
1477
1478Any person in this State has the right to be vaccinated or to re¬ 
1479frain from vaccination, as he may see fit, and any person attempting 
1480to compel the vaccination of any other person by any form of force, 
1481coercion or intimidation, no matter how high he may think himself in 
1482either of our two Departments of Health and Education, will simply 
1483be committing a crime against the people under Section 530 of the 
1484Penal Code on ?Coercion,? which is in these words: 
1485
1486?A person who, with a view to compel another person to do or to 
1487abstain from doing an act which such other person has a legal right to 
1488
148925 
1490
1491
1492do or to abstain from doing, wrongfully and unlawfully uses or at¬ 
1493tempts the intimidation of such person by threats or force, is guilty of 
1494a misdemeanor.? 
1495
1496In case, therefore, any child, parent, teacher or school officer is thus 
1497coerced or intimidated by any doctor or health officer or by any 
1498misinformed school commissioner in thus forcing vaccination illegally 
1499upon any such person against free will and consent or with a view to 
1500deny to any healthy child his inalienable right to education under the 
1501laws of this State, I would advise that a complaint be at once entered 
1502before the nearest Magistrate for the arrest and prosecution of such in- 
1503timidator under this Section of the Penal Code. 
1504
1505CIVIL DAMAGE SUITS 
1506
1507I might here cite two civil damage suits that were tried in Brook¬ 
1508lyn against doctors and health officers for illegal vaccination by in¬ 
1509timidation or force, as a civil warning to our present vaccinators in 
1510addition to the criminal warning already given. 
1511
1512One of these suits was the case of Smith vs. Health Commissioner 
1513Emery, tried before Judge Brown and a jury in 1896, where a verdict 
1514of $489.00 was given in favor of the expressman Smith for false im¬ 
1515prisonment and illegal quarantine while Dr. Emery was trying to force 
1516him to be vaccinated against his will and consent. The other instance 
1517was the case of Schaeffer vs. Schelling, in which a judgment for $1,500 
1518was entered Nov. 19, 1895, in the Supreme Court in Brooklyn against 
1519Dr. Schelling, Commissioner Emery's Assistant, in favor of Mr. 
1520Schaeffer for forcible vaccination of himself and his family, and the 
1521record in the County Clerk's Office shows this judgment was duly paid 
1522to the injured Schaeffer. 
1523
1524These instances of the illegality of all actual compulsory vaccina¬ 
1525tion given by our own Brooklyn courts and juries should be sufficient 
1526warning to any of our would-be medical despots who may now attempt 
1527any illegal intimidation under the false cover of the new Loyster Law. 
1528
1529CONCLUSION 
1530
1531From what has been already shown it now rests entirely with 
1532parents, teachers and school officers themselves to simply assert their 
1533legal rights most firmly and positively along the lines fully stated herein 
1534to make this present Loyster Law a non-enforceable absurdity in Law 
1535and Equity, as it really is, and thus lead to its early repeal in the next 
1536Legislature or its invalidation in our courts if any confident vaccinator 
1537
153826 
1539
1540
1541desires to test it there. In this case, therefore, the old motto of Civic 
1542Liberty applies here most emphatically, ?He who would be free , himself 
1543must strike the blow ? 
1544
1545Strike boldly, therefore, all ye parents, teachers and school officers, 
1546against this evil law forced on the people by the medical interests, and 
1547thus secure your freedom from the greatest barbarism ever inflicted 
1548upon a free people by the most dangerous form of coercive dogmatism 
1549now existing in our body politic, viz., compulsory medicine , which is 
1550far more dangerous to human liberty, health and life than compulsory 
1551religion ever was but which must now be explicitly prohibited by law 
1552as fully and completely as all compulsory religion is now prohibited. 
1553
1554Hoping, therefore, that these facts, suggestions and advices will be 
1555of some help to you and other parents in securing your constitutional 
1556and inalienable right to the education of your children without having 
1557to surely poison them, or possibly kill them in advance, as a pre-con¬ 
1558dition for such education, I remain, 
1559
1560Yours very truly, 
1561
1562CHAS. M. HIGGINS, 
1563
1564Treasurer Anti-Vaccination League of America. 
1565
1566271 Ninth St., Brooklyn, N. Y., 
1567
1568August 27, 1915. 
1569
1570Main Office of League 
15711420 Chestnut St., Philadelphia, Pa. 
1572
1573John Pitcairn, President 
1574Porter F. Cope, Secretary 
1575
1576Other Officers in New York State 
1577
1578Dr. J. W. Hodge, Niagara Falls, Vice-President 
1579Hugh A. Daniel, Newburgh, Director 
1580
1581Officers in Other States 
1582
1583Vice-Presidents?C. Oscar Beasly, Philadelphia; J. D. Nasmith, 
1584Toronto, Canada; John W. Griggs, St. Paul, Minn.; Dr. J. H. Greer, 
1585Chicago, Ill.; Mrs. J. L. C. Henderson, Wayland, Mass.; Dr. W. B. 
1586Clarke, Indianapolis, Ind.; Dr. Zachary T. Miller, Pittsburgh, Pa.; 
1587Dr. Walter M. James, Philadelphia, Pa. 
1588
1589Directors?Thomas Boudren, Bridgeport, Conn.; D. F. D. Jenkins, 
1590Chicago, Ill.; N. A. McQueston, Mansfield, Ohio; I. P. A. Bruechert, 
1591Omaha, Neb.; Harry B. Bradford, Kensington, Md.; Alex. Y. Scott, 
1592Rosedale, Miss.; John S. Snavely, Lebanon, Pa.; Prof. Enoch S. Price, 
1593Bryn Athyn, Pa. 
1594
1595
159627 
1597
1598
1599FULL TEXT OF THE LOYSTER-TALLETT VACCINATION 
1600LAW NOW IN FORCE IN NEW YORK STATE. 
1601
1602
1603Laws of New York.? By Authority. 
1604
1605CHAP. 133. 
1606
1607AN ACT to amend the public health law, in relation to vaccination. 
1608Became a law March 30, 1915, with the approval of the Governor. Passed, 
1609
1610three-fifths being present. 
1611
1612The People of the State of New York, represented in Senate and 
1613Assembly, do enact as follows: 
1614
1615Section 1. Sections three hundred and ten and three hundred and 
1616eleven of chapter forty-nine of the laws of nineteen hundred and nine, 
1617entitled ?An act in relation to the public health, constituting chapter 
1618forty-five of the consolidated laws,? are hereby amended to read, re¬ 
1619spectively, as follows: 
1620
1621§ 310. Vaccination of school children. 1. A child or person not 
1622vaccinated shall not be admitted or received into a school in a city of 
1623the first or second class. The board, officers or other person having 
1624the charge, management or control of such school shall cause this pro¬ 
1625vision of law to be enforced. The board of health or other board, com¬ 
1626mission or officers of such city having jurisdiction of the enforcement 
1627of the chapter therein shall provide, at the expense of the city for the 
1628vaccination of all pupils of such school whose parents or guardian do 
1629not provide vaccination for them. 
1630
16312. Whenever smallpox exists in any other city or school district, 
1632or in the vicinity thereof, and the state commissioner of health shall 
1633certify in writing to the school authorities in charge of any school or 
1634schools in such city or district, it shall become the duty of such school 
1635authorities to exclude from such schools every child or person who does 
1636not furnish a certificate from a duly licensed physician to the effect 
1637that he has successfuly vaccinated such child or person with vaccine 
1638virus in the usual manner or that such child or person shows evidence 
1639by scar of a successful previous vaccination. Whenever school authori¬ 
1640ties having the charge, management and control of schools in a district 
1641or city cause this provision of law to be enforced, the local board of 
1642health shall provide for the vaccination of all children whose parents or 
1643guardian do not provide such vaccination. 
1644
16453. The expense incurred, when such vaccination is performed 
1646under the direction of the local health authorities, shall be a charge 
1647upon the municipality in which the child or person vaccinated resided, 
1648
164928 
1650
1651
1652and shall be audited and paid in the same manner as other expenses 
1653incurred by such municipality are audited and paid. The local boards 
1654of health or other health authorities may, in their discretion, provide 
1655for the payment of additional compensation to health officers perform¬ 
1656ing such vaccination. 
1657
1658§ 311. Vaccination how made; reports. 1. No person shall per¬ 
1659form vaccination for the prevention of smallpox who is not a regularly 
1660licensed physician under the laws of the state. Vaccination shall be 
1661performed in such manner only as shall be prescribed by the state 
1662commissioner of health. 
1663
16642. No physician shall use vaccine virus for the prevention of 
1665smallpox unless such vaccine virus is produced under license issued 
1666by the secretary of the treasury of the United States and is accompanied 
1667by a certificate of approval by the state commissioner of health, and 
1668such vaccine virus shall then be used only within the period of time 
1669specified in such approval. 
1670
16713. Every physician performing a vaccination shall within ten days 
1672make a report to the state commissioner of health upon a form fur¬ 
1673nished by such commissioner setting forth the full name and age of the 
1674person vaccinated and, if such person is a minor, the name and ad¬ 
1675dress of his parents, the date of vaccination, the date of previous vac¬ 
1676cination if possible, the name of the maker of the vaccine virus and 
1677the lot or batch number of such vaccine virus. 
1678
1679§ 2. This act shall take effect immediately. 
1680
1681
168229 
1683
1684
1685THE LOYSTER LAW LEGALLY AND LOGICALLY ANALYZED 
1686POINTS FOR LAWYERS AND LAYMEN 
1687
1688
1689We think that any competent lawyers who carefully consider this 
1690vaccination law will agree that it is a rich piece of medical craft and 
1691graft and of legal fatuity from beginning to end. 
1692
1693
1694FIRST POINT: ILLEGAL DISCRIMINATION AGAINST LARGE 
1695
1696CITIES 
1697
1698It will be noted that the country legislators who fathered this 
1699bill discriminated in favor of themselves and against citizens in 
1700other parts of the state?the ten big cities?so as to admit unvaccinated 
1701children freely to all schools in their own country districts, as in 
1702section 310, paragraph 2 of the law, whereas in paragraph 1 no un¬ 
1703vaccinated child can be admitted to any of our schools whatever in the 
1704ten cities of the first and second class! And yet smallpox is ten times 
1705more frequent in country districts than in cities and vaccination is 
1706therefore needed ten times more in the country than in cities if the 
1707theory of the vaccinators is correct! 
1708
1709Such law is therefore unreasonable, arbitrary and discriminating 
1710and of course no law making such arbitrary, class, and local distinctions 
1711can be legal or constitutional as before stated. See interesting opinion 
1712of Justice Woodward on this very point on ?Magna Charta? and the 
1713?law of the land? in the decision of the Appellate Court in case of 
1714Viemeister in 1903. 
1715
1716SECOND POINT: ILLEGAL AND EXCESSIVE PENALTY 
1717
1718The ?penalty? which this law ostensibly applies for failure to sub¬ 
1719mit to vaccination is to deny the school child his most inalienable 
1720right to education, and to the school teacher his inalienable right 
1721to earn his living and follow his most important profession of teach¬ 
1722ing the child. This we believe to be absolutely unconstitutional on 
1723two principles, viz.: 1st, That cruel and unusual punishments cannot 
1724be inflicted and, 2d, that no ?franchise,? ?privilege? or essential 
1725?right? of any citizen can be taken away ?unless by the law of the land 
1726or the judgment of his peers.? Both of these prohibitions are in the 
1727very first article of our state constitution, showing their primal im¬ 
1728portance in all valid law. 
1729
1730
173130 
1732
1733
1734We therefore very much doubt whether the violation of any 
1735mere rule of so-called ?police power? or ?public health? can be penal¬ 
1736ized in this extraordinary fashion by taking away some fundamental 
1737or primal right of the citizen. Such rule can obviously be legally 
1738enforced only by some penalty which is not ?excessive,? ?cruel? or 
1739?unusual,? such for example as that of a specific fine which is not in 
1740itself ?excessive.? The law of Massachusetts for example is a speci¬ 
1741men of such a rational or constitutional law where it is attempted to 
1742enforce the vaccination rule only by a fine of five dollars. And it 
1743will be remembered that the highest court of that state in passing 
1744on this law decided that while the fine might be legally enforced and 
1745collected, yet the state could not compel or enforce the actual vaccina¬ 
1746tion of any person who objected to the operation. 
1747
1748And remember also that the learned court gave this decision under 
1749the false idea, into which it was misled by false medical authority, that 
1750vaccination was ordinarily perfectly safe and harmless and only ?theo¬ 
1751retically? capable of the ?possibility of injury.? What would this 
1752learned court have said on this law if it realized the easily demon¬ 
1753strated truth that vaccination is actually more dangerous than small¬ 
1754pox and now kills more children every year than smallpox? 
1755
1756It may be further noted that the Supreme Court of the United 
1757States passed on this case?Jacobson vs. Massachusetts?in 1904, with 
1758a divided opinion, the majority holding that to enforce a rule for 
1759vaccination by a fine was constitutional, but Judges Brewer and Peck- 
1760ham dissented to this evidently holding that all vaccination must be free 
1761and voluntary under our national constitution. The majority of the 
1762court also decided that vaccination could not be enforced if it were 
1763dangerous to health or life. 
1764
1765THIRD POINT: VACCINATION CANNOT BE LEGALLY 
1766FORCED EXCLUSIVELY ON ONE SPECIAL CLASS OR 
1767PART OF THE POPULATION WITHOUT ANY SPECIAL 
1768REASON OR JUSTIFICATION. 
1769
1770It must be here specially noted that the aforesaid law of Massa¬ 
1771chusetts applies to all classes of the population generally and is not 
1772arbitrarily limited to one or two classes, as in our absurd vaccination 
1773law, which is limited to pupils and teachers in our schools, as if school 
1774children and teachers were the only part of the population that were 
1775subject to smallpox and therefore must be specially protected from it 
1776by forcing them to be vaccinated under penalty of abandoning their 
1777
177831 
1779
1780
1781primal rights?a penalty which is not applied to any other part of the 
1782population! I have already shown that the school age to which this 
1783absurd law specially applies is, on the contrary, the very section of the 
1784population which is least subject to smallpox and has the greatest natu¬ 
1785ral immunity against this disease and all other causes of death , so much 
1786so that it shows regularly every year only about five per cent, of the 
1787total mortality, although it constitutes one-quarter of the whole popu¬ 
1788lation. 
1789
1790SCHOOL CHILDREN MOST VITAL AND IMMUNE PART 
1791OF THE POPULATION 
1792
1793To prove this most significant point, I herewith annex a diagram 
1794from the annual report of our State Dept, of Health for 1912, show¬ 
1795ing the total deaths from all causes in the ten million population of 
1796this state and the proportional deaths in each age class. 
1797
1798Death Rate and Per Cent of Deaths at Different 
1799Age Periods 
1800
18011912 
1802
1803State of New York 
1804
1805
1806Age Period 
1807
1808No. of Deaths 
1809
1810Death rate per 
18111000 living 
1812at all ages 
1813
1814Per cent of 
1815total 
1816
1817mortality 
1818
1819Under 1 Year 
1820
182124,681 BBi 
1822
18232.6 
1824
182517.3 
1826
18271 year to 5 years 
1828
182910,106 mm 
1830
18311.1 
1832
18337.1 
1834
18355 ? 10 ? 
1836
18372,707 ? 
1838
18390.3 
1840
18411.9 
1842
184310 ? 20 ? 
1844
18454,440 ? 
1846
18470.46 
1848
18493.1 
1850
1851to 
1852
1853o 
1854
1855o 
1856
185722,544 UJMMM 
1858
18592.35 
1860
186115.8 
1862
186340 ? 60 ? 
1864
186531,371 BMIUMI 
1866
18673.27 
1868
186922.0 
1870
1871Ci 
1872
1873O 
1874
1875OO 
1876
1877O 
1878
187936,110 
1880
18813.7 
1882
188325.3 
1884
1885Over 80 
1886
188710,279 OH 
1888
18891.07 
1890
18917.2 
1892
1893Unknown 
1894
1895139 1 
1896
18970.014 
1898
18990.097 
1900
1901
1902Total deaths at all ages 142,377 14.8 100.0- 
1903
1904
1905It will be here noted that the vitality of the school age, 6 to 19, 
1906is so extraordinary that its actual mortality from all causes of death is 
1907
190832 
1909
1910
1911
1912
1913
1914
1915
1916
1917
1918
1919only five per cent . of the total deaths, although this age-class consti¬ 
1920tutes one-quarter of the whole population, there being about two and 
1921one-half million children of school age in New York State. This 
1922astounding fact alone, when properly grasped, is absolutely overwhelm¬ 
1923ing and convincing in proving the absolute absurdity and needlessness 
1924of compulsory vaccination on the school age and the invalidity of the 
1925present law, because not only has this age the lowest natural suscepti¬ 
1926bility to death from smallpox, but also to all other causes of death, 
1927which are one hundred times more fatal and frequent than smallpox; 
1928and therefore this age should not be arbitrarily and needlessly oppressed 
1929by any class law. 
1930
1931SCHOOL AGE MOST IMMUNE TO SMALLPOX 
1932
1933To show that the school age has the greatest relative immunity 
1934from smallpox, as a particular disease, as it also has from all causes 
1935of death, I will here give the list of total deaths from smallpox in our 
1936last greatest epidemic year of 1901 in New York City, with the actual 
1937number of deaths in each age-class as given in the report of the 
1938Health Department for that year. 
1939
1940
1941Total Deaths from smallpox, all ages, in New York 
1942City in 1901, last greatest epidemic year.410 
1943
1944
1945Deaths under five years. .. 
1946
1947
1948... 197 
1949
1950Deaths 
1951
1952in school age, five 
1953
1954to fifteen. . 8% of total. .. , 
1955
1956... 32 
1957
1958Deaths 
1959
1960over fifteen. 
1961
1962
1963... 181 
1964
1965
1966
1967100% 
1968
1969410 
1970
1971
1972It will thus be seen that in our last great epidemic in our largest 
1973city infants and adults are shown to be most subject to smallpox while 
1974the school age is least subject, not only relatively but absolutely and 
1975to an extraordinary degree, as it shows only eight per cent, of the 
1976total smallpox deaths while it constitutes one-quarter of the popula¬ 
1977tion, whereas the infant age under five forms only half this propor¬ 
1978tion, or about one-eighth of the population, and yet shows forty-eight 
1979per cent, or nearly half of all the smallpox deaths! 
1980
1981We have heard a good deal of false nonsense from time to time 
1982from the vaccination doctors about vaccination changing the ?age in¬ 
1983cidence? of this disease from the infant to the adult age; that, whereas 
1984before the days of vaccination smallpox was almost purely an infant 
1985disease, but in our times vaccination has so saved the infant age from 
1986
198733 
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998smallpox that it has now transferred the ?age incidence? from infants 
1999to adults and made modern smallpox chiefly a disease of poorly vac- 
2000cinated adults! We can now see how false and stupid this claim is 
2001when in our very last epidemic year of 1901 in our greatest city nearly 
2002one-half of all the smallpox deaths were among infants and the least 
2003among children of school age, just as it was before the days of vaccin¬ 
2004ation, which has made no serious difference whatever in the ?age in¬ 
2005cidence? or the mortality of the disease. 
2006
2007In attempting to answer some of my press articles of last year 
2008on the falsehoods and fatalities of vaccination, Dr. J. Dana Hubbard, 
2009of the City Department of Health, undertook to use this false and stale 
2010old argument of change of ?age incidence,? etc., in a special article in 
2011the New York Sun of June 21, 1914, in defense of vaccination. I have 
2012now shown what nonsense and fallacy this defense is and that Dr. Hub¬ 
2013bard seems to be grossly ignorant of the easily accessible records of 
2014his own Department, which fully refute him and show that he has 
2015been simply fooling himself and the public with old moss-covered 
2016fallacies of the vaccination cult, which any up-to-date doctor familiar 
2017with the real facts of this complex subject should be ashamed to any 
2018longer repeat. 
2019
2020The false argument may just here be attempted by vaccinators 
2021that the school age is relatively immune to smallpox because it is more 
2022vaccinated than any other age, but this is false and absurd for the 
2023reason that the school age shows even a higher immunity against all 
2024other causes of death which are a hundred times more fatal and fre¬ 
2025quent than smallpox, and therefore the natural immunity and vitality 
2026which protects it from these more frequent and fatal diseases also pro¬ 
2027tects it from smallpox, which is, perhaps the most insignificant of all our 
2028causes of death, being usually exceeded by death from lightning! And 
2029furthermore, we find in communities where little or no compulsory 
2030vaccination is placed on the school child, such as in England, that this 
2031age shows the same extraordinary relative immunity against smallpox 
2032and all other causes of death. 
2033
2034To fix this striking point of the great vitality and immunity of 
2035the school age firmly in the mind it may be here said, that, while the 
2036school age forms one-quarter of the whole population and has only 
2037five per cent, of the total deaths, the infant age under five years con¬ 
2038stitutes about one-eighth of the population and has about 30 per cent, 
2039of the total deaths, whereas, the adult ages over 20 constitute about 
2040five-eighths of the population and have about 65 per cent., or five- 
2041eighths, of the total deaths. In other words, the mortality of the 
2042
204334 
2044
2045
2046adult age is normal, or directly proportional to its numbers in the popu¬ 
2047lation, while the mortality of the infant age is abnormal or far beyond 
2048its proportion in the population , whereas the mortality of the school age 
2049is most remarkably sub-normal or much less than its proportion in the 
2050population. 
2051
2052RELATIVE DANGERS FROM SMALLPOX, LIGHTNING AND 
2053
2054LOCKJAW. 
2055
2056It may be worth while here to show the relative insignificance of 
2057smallpox as a cause of death in this State by comparing it with deaths 
2058from Lightning, Murder and Lockjaw, and I here give the actual fatal 
2059figures on these four causes for the last four years, as reported in the 
2060official State Reports: 
2061
2062Smallpox Lightning Homicide Lockjaw 
2063
2064
20651910 
2066
20677 deaths 
2068
206916 deaths 
2070
2071606 deaths 
2072
207394 deaths 
2074
20751911 
2076
20773 ? 
2078
207930 
2080
2081449 
2082
2083114 
2084
20851912 
2086
20874 ? 
2088
208921 
2090
2091434 
2092
209397 
2094
20951913 
2096
20971 ? 
2098
209913 
2100
2101461 
2102
2103111 
2104
2105
2106It will be readily seen from these figures that there is six times more 
2107danger of being struck by lightning than of being killed by smallpox, and 
2108one hundred times more danger of being killed by murder and over 
2109twenty-five times more danger of being killed by lockjaw. Lockjaw is 
2110therefore many times more dangerous than smallpox, and to this serious 
2111danger every vaccinated person in this State is subjected, for, as a matter 
2112of demonstrable fact, at least ten per cent of all lockjaw deaths are caused 
2113by vaccination wounds. These facts and figures therefore clearly prove 
2114that lockjaw is a much more serious danger and more frequent cause of 
2115death in this State than smallpox, and that a person who remains 
2116unvaccinated in this State of New York and province of Long Island, 
2117where the lockjaw infection is so widely diffused, stands far less chance 
2118of death than the person who foolishly allows himself or his child to be 
2119scared into the greater danger of vaccination as an alleged protection 
2120from the rare disease of smallpox of which there is six times less danger 
2121of death than of being struck by lightning and twenty-five times less 
2122danger of death than of being killed by lockjaw! 
2123
2124VACCINATION FOR VOTERS ^ 
2125
2126In closing this point I will finally ask: What would any lawyer, 
2127jurist or citizen think of a law which would make the ?right? or 
2128?privilege? to register and vote to depend on a ?certificate? of ?suc¬ 
2129cessful vaccination? and which would take away the right of suffrage 
2130
213135 
2132
2133
2134unless the voter would consent to be vaccinated and produce such 
2135doctor's certificate, at so much per head, to add to the profits of the 
2136doctors and the vaccine makers? Yet if the theories of the vaccina¬ 
2137tors are correct such a law is needed five times more for voters and 
2138adults than for school children, as voters and adults are at least five 
2139times more susceptible to smallpox and all other diseases than the 
2140school age, which is the most vital and immune age in the population 
2141and the least in need of any vaccination, as already proved. 
2142
2143FOURTH POINT:-THE THEORY THAT VACCINATION PRE¬ 
2144VENTS SMALLPOX, WHETHER RIGHT OR WRONG, 
2145DOES NOT JUSTIFY ANY LAW WHICH FORCES VAC¬ 
2146CINATION ARBITRARILY AND UNREASONABLY ON 
2147ONE CLASS ONLY OF THE POPULATION. 
2148
2149On this point it may be proper to quote the highest Court decision 
2150so far rendered in this State on the law of school vaccination and 
2151which has been much misunderstood, viz.: the decision of the Court of 
2152Appeals in the case of Veimeister in 1904. This court did not con¬ 
2153strue the several points considered by the Appellate Court in this same 
2154case, as before referred to, but gave its decision on practically one* 
2155point only, which is expressed in its concluding paragraph as follows: 
2156
2157?While we do not decide and cannot decide that vaccination is a 
2158preventive of smallpox, we take judicial notice of the fact that this is 
2159the common belief of the people of the state, and with this fact as a 
2160foundation, we hold that the Statute in question is a health law en¬ 
2161acted in a reasonable and proper exercise of the police power." 
2162
2163I do not intend to here criticise this decision in any way but will 
2164only now call close attention to the remarkable legal doctrine therein 
2165stated, viz.: that if a majority of the people of this state believe in a 
2166certain medical theory, or doctrine of public health, they can force 
2167that doctrine through the ?police power" of the state upon a minority 
2168that does not believe it. Now assuming this doctrine to be true, in a 
2169limited measure, surely it is not true, and was not intended by the 
2170court to be held true, in an unlimited measure or to the extent of in¬ 
2171vading or denying essential rights guaranteed explicitly by constitu¬ 
2172tions and charters or distinctly implied in any of the great Declara¬ 
2173tions of the people? And furthermore, if such medical or health doc¬ 
2174trine or dogma can be legally forced by a majority of believers upon 
2175a minority of unbelievers, it surely cannot be legally enforced on one 
2176class only of these believers or unbelievers, but must be put on both 
2177
217836 
2179
2180
2181believers and unbelievers justly and evenly. I have already shown 
2182that our vaccination law has never been placed on a majority of the 
2183believers or unbelievers and yet the learned Court of Appeals has 
2184assumed that the majority of the people of the state believe that vac¬ 
2185cination prevents smallpox and is necessary to prevent it. Now if they 
2186really believe this, how is it that this ?majority? has never placed a law 
2187of coercive vaccination on all the people of the state or even on a ma¬ 
2188jority of either believers or unbelievers, but have placed it only on one- 
2189quarter section of the people?the school children?which actually 
2190need this protection least of all; whereas the three-quarters of the pop¬ 
2191ulation which are most subject to smallpox?five times more so by 
2192actual statistical record of all epidemics?are left entirely without this 
2193alleged protection of coercive vaccination? If coercive vaccination is 
2194therefore necessary to prevent smallpox, as alleged to be the actual 
2195belief of the people of this state, this purpose will surely never be 
2196accomplished by any absurd and partial law which puts this alleged 
2197protection on the one-quarter of least susceptibles and leaves it off the 
2198three-quarters of most susceptibles! There is therefore something radi¬ 
2199cally wrong with this whole legal and medical theory, which surely 
2200does not fit the facts, so that notwithstanding the fact that coercive 
2201vaccination?the only alleged remedy to prevent smallpox?has never 
2202been placed in this state on the three-quarters of our population which 
2203is most subject to smallpox, yet smallpox has steadily declined in this 
2204State and has declined even more in other states and cities where no 
2205coercive vaccination has been enforced on any part of the population. 
2206
2207Even if we admit freely that vaccination prevents smallpox, and 
2208is necessary to prevent it, yet this would not justify any partial law 
2209that puts coercive vaccination arbitrarily on one section of the popu¬ 
2210lation only and that section the very one that least needs it but this, 
2211we submit, would be, per contra, a good reason for condemning and 
2212invalidating that law as a matter of legal and constitutional propriety, 
2213which point our courts have yet to pass upon. 
2214
2215It is, however, really irrelevant to the main issue?the validity of 
2216coercive vaccination?whether vaccination is or is not a preventive of 
2217smallpox, and we might admit that it is a preventive, to a certain 
2218limited extent, or even more so, and yet coercive vaccination might be 
2219absolutely illegal and non-enforceable on other grounds, and one of 
2220these grounds is expressed in the next point. 
2221
2222
222337 
2224
2225
2226FIFTH POINT: INFLICTING A WOUND AND DISEASE, 
2227COERCIVELY, IS AN ILLEGAL ACT 
2228
2229
2230This important point is: that vaccination consists in the bodily 
2231infliction of a wound and disease which is per se, dangerous to 
2232life and health and frequently kills and therefore can not be legally 
2233forced on any person. As an historic and legal example of this 
2234point we might cite the practice of smallpox inoculation, which 
2235preceded vaccination, and which flourished over a century under the 
2236approval of the highest medical authorities of the time, and which it 
2237was freely admitted gave considerable protection against natural small¬ 
2238pox, like the bovine vaccination of to-day, yet this practice of inocula¬ 
2239tion was finally declared to be illegal and was prohibited by penal 
2240law because it was found to be very dangerous to human health and 
2241life and really more dangerous than natural smallpox, and actually in¬ 
2242creased smallpox, which declined rapidly as soon as this inoculation 
2243was abandoned. 
2244
2245It will be noted that this point is fully supported by the decision 
2246of the highest court in the country, the U. S. Supreme Court, in the 
2247case of Jacobson vs. Massachusetts in 1904, which clearly declared 
2248that vaccination can not be forced on any person who can show that 
2249it is dangerous to health or life, which it is, per se, in every case. 
2250
2251All Vaccination Potentially Dangerous or Deadly 
2252
2253Vaccination is nothing more or less than ?Purulent Infection and 
2254Septicemia,? which is a regular cause of death in our yearly death lists 
2255and shows about 300 deaths every year in this State. Under this head 
2256and under the head of Lockjaw or ?Tetanus? and some other septic 
2257diseases many deaths from vaccination are included and concealed every 
2258year by our falsifying doctors, who so foully tell us that vaccination is 
2259perfectly safe and harmless. 
2260
2261To show that vaccination is authoritatively recognized as essentially 
2262equivalent to Pyaemia and Septicemia (which names mean general and 
2263local blood poisoning), I will mention this most significant fact that in 
2264the reports of the Registrar-General of England, which is the highest 
2265statistical authority in the English speaking world, that many vaccination 
2266deaths are regularly acknowledged every year, and these deaths are now 
2267classified under a sub-head of Pyaemia-Septicemia which is numbered 20 
2268in the International List of Causes of Death, and the deaths under this 
2269general head are divided and classified as follows: Pyaemia No. 20A, 
2270
227138 
2272
2273
2274Septicemia No. 20B, Vaccinia No. 20C. And under this latter sub-head, 
2275and other heads, more deaths of children are recorded from vaccina¬ 
2276tion almost every year than from smallpox itself! (See page 19 herein.) 
2277
2278SIXTH POINT: FALSE DOCTRINE OF ?POLICE POWER? TO 
2279INFLICT DISEASE OR DEATH IN THE FALSE NAME OF 
2280?PUBLC HEALTH.? 
2281
2282INHERENT AND CONSTITUTIONAL RIGHTS OF THE 
2283PEOPLE SUPERIOR TO ALL POLICE POWER OF THE 
2284LEGISLATURE WHICH CANNOT INVADE THESE RIGHTS. 
2285
2286We have heard a good deal, both in and out of court, of the alleged 
2287?Police Power? of the Legislature to inflict compulsory vaccination in 
2288some form or other upon the people, but we have yet to find any decision 
2289of any court?certainly not from our State courts or from the U. S. 
2290Supreme Court?which declares that the Legislature has any ?police 
2291power? to compel any one to be vaccinated, but the courts have decided 
2292the very reverse, as already shown, and particularly if it can be proved 
2293that vaccination is dangerous to health and life, which danger I have 
2294already demonstrated potentially exists in every case beyond question. 
2295
2296Now it is obvious that true and legal ?Police Power? can only be 
2297exercised to save the public from harm or danger, to keep disease or 
2298harm from the people, to protect them in their undoubted rights, to pro¬ 
2299mote public health, safety and welfare and not to force disease, injury or 
2300death upon the people or to invade any of their rights in any serious way; 
2301and it needs no argument to show that to inflict a wound upon the 
2302healthy human body and to inoculate a dangerous disease into this wound 
2303which may infect the whole body and destroy health or life is the most 
2304flagrant invasion of the most sacred and important public and personal 
2305rights conceivable, which surely cannot be legally justified or sustained 
2306in any way, no matter what is the alleged motive or purpose of this 
2307wounding and diseasing. And, of course, this evil of compulsory vac¬ 
2308cination would never have had the least toleration in our courts were it 
2309not that the minds of our courts have been grossly misled from the first 
2310by medical falsifiers to regard vaccination as a purely beneficial and 
2311entirely harmless operation which is absolutely necessary for public 
2312health, both of which propositions are most stupid and dangerous fasle- 
2313hoods, as I have already demonstrated. Modern Bovine Vaccination is, 
2314in fact, not essentially different from Smallpox Inoculation which, as 
2315already shown, was prohibited by penal law as being highly dangerous 
2316
231739 
2318
2319
2320to public health after over a century of use and approval by the highest 
2321medical authorities of the past century, and it would perhaps not be 
2322difficult to now prove that our modern vaccination is actually more 
2323dangerous to man and beast than the old inoculation was, as it has never 
2324been recorded that inoculation was responsible for great cattle plagues of 
2325foot and mouth disease, which vaccination has already caused several 
2326times in this country in 1902, 1908 and 1914, as before shown. See 
2327Year Book, U. S. Dept, of Agriculture, 1914, p. 20. 
2328
2329SEVENTH POINT: SEVERAL CONSTITUTIONAL PRO¬ 
2330VISIONS INVADED BY THE LOYSTER LAW. 
2331
2332It may be proper in this point to briefly consider the several sec¬ 
2333tions of our national and state constitutions which are clearly violated 
2334by this evil law of compulsory disease placed arbitrarily on one mere 
2335section or class of the population, viz., on school children and other 
2336inmates of schools. 
2337
2338Article IV. of the National Constitution states: ?The right of the 
2339people to be secure in their persons, houses, paper and effects, against 
2340unreasonable searches and seizures shall not be violated Surely to 
2341search for and seize a healthy and harmless school child, who is unvaccin- 
2342ated, and force him out of school and deny him his unalienable right to 
2343education unless he will submit willingly or by force to this barbarous act 
2344of compulsory wounding and diseasing of his body?surely this act or 
2345law of forced or coercive vaccination is clearly forbidden by this Article 
2346IV. of the U. S. Constitution. 
2347
2348In Article VIII. another distinct prohibition is given, which applies 
2349clearly to compulsory vaccination as a condition for the exercise of this 
2350inalienable right of education: ?Excessive bail shall not be required, nor 
2351excessive fines imposed, nor cruel and unusual punishments inflicted.? 
2352This same provision is repeated in Article I., Section 5 of the State Con¬ 
2353stitution, and has been already partly considered in our Second Point. 
2354
2355Now it will be noted that this evil school vaccination law punishes 
2356the refusal to submit to vaccination?which all our courts have decided 
2357the citizen has full right to refuse and which the state or legislature has 
2358no power whatever to compel?by denial of the indispensable and inalien¬ 
2359able right of the child to his education, which is obviously his most 
2360important and essential right and which cannot be legally or morally 
2361taken away from him by any power whatever in this State, and the 
2362attempt to take it away would obviously be the most flagrant and stupid 
2363violation of sound public policy conceivable. Is it not therefore a most 
2364
236540 
2366
2367
2368cruel and unusual and stupid punishment?worthy only of the most 
2369fanatical and barbarous ages of human slavery and compulsory religion 
2370to punish refusal to vaccinate (which every citizen has the right to 
2371refuse and no power in the state can compel), by denial of the right 
2372of education to the child and the right of the parent to have his child edu¬ 
2373cated? Is there not, in fact, an inalienable and self-evident right in the 
2374parent to educate his child and in the child to get an education and that 
2375this right of parent and child cannot possibly, under our fundamental law, 
2376be taken away from them by any medical dogmatism which strives to 
2377force upon them any medical operation whatever as a condition for edu¬ 
2378cation, whether this operation be considered sometimes beneficial or 
2379frequently doubtful, dangerous or fatal. 
2380
2381In this connection it is very significant that the Declaration of Inde¬ 
2382pendence refers to ?certain? unalienable rights ?among which? are life, 
2383liberty and pursuit of happiness. This clearly intimates that there are 
2384other individual rights inherent in the people besides those stated, which 
2385are equally unalienable and cannot be violated by any power but must 
2386be respected and protected by all governments; and this point is clearly 
2387re-stated and emphasized in Articles IX. and X. of the U. S. Constitu¬ 
2388tion, which say: 
2389
2390?The enumeration in the Constitution of certain rights shall not be 
2391construed to deny or disparage others retained by the people.? 
2392
2393?The powers not delegated to the United States by the Constitution, 
2394nor prohibited by it to the States, are reserved to the States respectively, 
2395or to the people.? 
2396
2397Surely, therefore, the right of the child to an education and the right 
2398of the parent to educate his child is one of these inherent rights in parent 
2399and child which cannot be taken away by any evil law which forces a 
2400dangerous medical operation upon the school child or his teacher and 
2401which is not forced on any other part of the population; and it is there¬ 
2402fore believed that, for the several reasons here stated, our courts, if 
2403properly appealed to on the proper issues herein suggested, will have no 
2404hesitation in invalidating this Loyster Law as a most flagrant violation of 
2405inherent and constitutional rights which may be briefly expressed and 
2406condensed into these two propositions: 
2407
2408
2409PROPOSITION FIRST. 
2410
2411The right of every child to an education and the right of every 
2412parent to have his child educated are inherent and unalienable rights 
2413
241441 
2415
2416
2417and cannot be legally made dependent on the acceptance of any medical 
2418dogma or operation, even if beneficial, and particularly not when dang¬ 
2419erous to health and life and frequently a cause of death. 
2420
2421PROPOSITION SECOND 
2422
2423Any law which forces a compulsory wound and inoculable disease on 
2424the human body against free will and consent or, as a condition for the 
2425exercise of any right or privilege of any citizen, which is dangerous to 
2426life, obviously violates clear constitutional provisions and is also clearly 
2427criminal under common law and the Penal Code and is therefore abso¬ 
2428lutely against private right and public policy and consequently invalid 
2429and non-enforceable on broad legal and equitable principles. 
2430
2431EIGHTH POINT: ILLEGAL MEDICAL GRAFT IN DOUBLE 
2432COMPENSATION TO HEALTH OFFICERS 
2433
2434It will be noted on reading paragraph 3 in section 310 of the 
2435Loyster law that an unblushing provision of illegal medical graft ap¬ 
2436pears boldly and stupidly in gross violation of the State Constitution, 
2437in these words: ?The local boards of health * * may * * 
2438
2439provide for the payment of additional compensation to health officers 
2440performing such vaccination/' In other words, the vaccinating doc¬ 
2441tors or health officers may, in addition to their regular salaries or 
2442compensation, be paid extra for every public vaccination performed! 
2443Medical graft is thus clearly streaked all through this bill for, in addi¬ 
2444tion to taking the enforcement of the vaccination law from the dis¬ 
2445cretionary hands of the school officers, who have no pecuniary interest 
2446in enforcing vaccination, it is now turned over to the mandatory power 
2447of the health officers, who can get up a smallpox scare and vac¬ 
2448cination raid at any time on the alleged appearance of one little case 
2449of smallpox or pseudo-smallpox in any town or city, and thus reap 
2450a rich reward of double pay for every vaccination performed! Was 
2451there ever a more disgraceful, ?raw," or illegal form of medical graft 
2452forced upon the people than in this clause, for which Mr. Loyster and 
2453his bill drafting allies in the State Department of Health seem to be 
2454wholly responsible? The suffering people of this State, still grieving 
2455for the loss of their precious children killed in the last vaccination raid, 
2456can rest easy, however, in the assurance that after this exposure they 
2457probably need fear no further menace now from this stupid law which 
2458we believe no Court will allow to be enforced in this State by reason 
2459of its many illegal and unconstitutional features, already pointed out, 
2460including this latter point of medical graft and double compensation, 
2461which is clearly prohibited in Article 3, Section 28, of the State 
2462Constitution. See also Article 10, Section 9. 
2463
246442 
2465
2466
2467NINTH POINT: OTHER POSSIBLE MEDICAL GRAFT IN 
2468EXCLUSIVE USE OF SPECIAL VIRUS 
2469
2470
2471Not only does the Loyster Law give the vaccinating doctors 
2472double fees for every public vaccination performed, which means an 
2473enormous sum for the doctors, with forced vaccination inflicted on all 
2474school children in this State, but also gives the State Health Commis¬ 
2475sioner sole power to prescribe the particular brand or brands of virus 
2476to be used in the State! See paragraph 2, section 311. He could 
2477therefore, for example, allow only the Lederle brand of virus, which is 
2478made in this State by, or under the name of, a former Health Com¬ 
2479missioner of New York City, Dr. Ernst J. Lederle, under whose 
2480administration the present State Commissioner of Health, Dr. Biggs, 
2481was a subordinate officer for many years in New York City. Com¬ 
2482missioner Biggs could therefore order that only the Lederle, or some 
2483other favorite virus, could be used for vaccinating any one of our ten 
2484millions in this State, and he could forbid the use of the Mulford or 
2485Parke-Davis viruses, which are made in other States and are the viruses 
2486now most used in this State and have been used, as testified by Mr. 
2487Loyster, at the legislative hearing on his Bill, in most of the fatal cases 
2488of vaccination in this State in 1914, and were also the viruses which 
2489have caused some of the great epidemics of foot and mouth disease in 
2490cattle throughout this and other states in 1908, as shown in U. S. 
2491Government reports, Bureau of Animal Industry, of 1908. This is a 
2492rather needless or dangerous power to give to any State Commissioner, 
2493particularly after the U. S. Government has already passed upon each 
2494brand of virus and inspected and approved it; and if this double inspec¬ 
2495tion and approval by the Nation and State is necessary, this fact will 
2496only go to show how dangerous, indeed, these products are to the health 
2497and life of man and beast. It will be readily seen, however, that this ex¬ 
2498clusive power to prescribe the use of any particular virus in this State, 
2499notwithstanding the Government approval, might lead to great medical 
2500graft, and, with a compulsory vaccination law in all schools in this 
2501State, public and private, could make a fortune for a favorite brand 
2502of virus, like the Lederle brand for instance, and for the doctors or 
2503health officials who might be interested in the stock of such a com¬ 
2504pany. The possible graft, therefore, in this feature of the Loyster Law 
2505is obvious and, we believe, needs no further comment, except to here 
2506suggest that the people of this State have a right to know whether 
2507any of our health officials are now, or have been, interested in any 
2508vaccine companies, directly or indirectly. 
2509
2510TENTH POINT: ONLY ONE GOOD FEATURE OF THE 
2511LOYSTER LAW?RECORD OF VACCINATIONS 
2512
2513We are glad that there is at least one feature of this law that is not 
2514bad and can be approved, and this occurs in the third and last para- 
2515
251643 
2517
2518
2519graph in section 311, which provides for a record of all vaccinations 
2520made and compels the doctors to record not only the name and address 
2521of the child and its parents, but also the date of last and previous 
2522vaccinations, the brand of virus used and its lot, mark or number, so 
2523that it can be readily identified if trouble is afterwards caused by it in 
2524the vaccination of the child. Like a vicious dog, therefore, this Loyster 
2525Law seems to be harmless only at the tail end but very dangerous in 
2526front. This provision at the tail end, however, for a record of the 
2527virus used is itself of very little value, and does not go far enough, 
2528as this record to be really valuable should provide for a true and full 
2529report of the results of the vaccination on the child and the mention 
2530of the fact of any sickness, injury or death following the vaccination 
2531and particularly the mention in every death certificate of vaccination 
2532as a primary or secondary cause of death whenever it actually or evi¬ 
2533dently exists as such in any instance, which at present is usually shame¬ 
2534fully denied and concealed by vaccinators. For example, it is a com¬ 
2535mon thing where children die of vaccination, either as a direct result 
2536of the cowpox infection or by some secondary infection of lockjaw or 
2537septicemia conveyed in the virus itself or from some external source 
2538in the environs or habitat of the patient, that no mention whatever 
2539is made in the death certificates of the infecting act of vaccination 
2540itself as a primary or secondary cause of death, which of course it is 
2541in every such case, but the cause of death will usually be attributed 
2542solely to the secondary infection of ?Tetanus,? ?Septicemia,? etc., 
2543without any mention whatever of the primary disease or infection of 
2544vaccination, without which the secondary infection and death would 
2545never have occurred. This is, of course, in direct violation of stand¬ 
2546ard statistical rules governing death certificates and yet is commonly 
2547practiced in this State and tolerated by our health officials, interested 
2548in one way or another in vaccination, but this wrong should be rigidly 
2549prohibited and penalized by the immediate passage of a special law. 
2550Now, if the Loyster Law had provided for some such record as this 
2551it would have been worth while, whereas the present record of the virus 
2552only is of very little use without the record of the results produced by 
2553the virus on the victim of the vaccination. 
2554
2555Our League had a special bill introduced in the Legislature a few 
2556years ago to provide for this full record of virus and its results, but it 
2557was defeated by the same dangerous medical and political power which 
2558seems to control our medical legislation and has given us all our evil 
2559compulsory medical laws and which we believe has misled Mr. Loyster 
2560into supposing that he has made a great reform in the present law, 
2561but which we think we have now shown to be a tissue of dangerous 
2562medical illegalities and of medical craft and graft from beginning to 
2563end, with which our courts will doubtless deal effectually in due time 
2564to protect the most sacred rights of the people from such dangerous 
2565medical domination and compulsion. 
2566
256744 
2568
2569
2570THE LOCKJAW LIE, AND DR. ANDERSON'S REPORT, 
2571ANSWERED. FIVE CHILDREN KILLED IN ONE WEEK. 
2572
2573
2574It will be noted that the present pamphlet is confined to the legal 
2575aspects of compulsory vaccination and to the facts which clearly prove 
2576its dangerous and deadly nature, per se, and therefore, the illegality 
2577and criminality of its enforcement on any person. In supplementary 
2578second and third pamphlets now in press, entitled respectively, ?The 
2579Story of a Continental Lie," and, ?Vaccination Horrors and Lies," ex¬ 
2580tensively illustrated, we will treat other aspects of this great and com¬ 
2581plex subject. 
2582
2583In the second pamphlet we will refute the stupid medical falsehood 
2584given great currency by some of our deluded daily newspapers that 
2585?Those who are vaccinated do not get smallpox," and we will prove 
2586that the majority of smallpox cases are among the well vaccinated and 
2587the minority among the unvaccinated. 
2588
2589In the third pamphlet we will fully answer the more recent false¬ 
2590hoods which we term, ?The Lockjaw Lie," and, ?The Phillipine False¬ 
2591hood," to which some of our big deluded editors have so stupidly and 
2592confidently committed themselves within the last two months, on the 
2593basis of certain government reports which state that millions of persons 
2594can be and are vaccinated, as alleged, in the Phillipine Islands, without 
2595a single injury or death, and that fatal lockjaw infection is never con¬ 
2596veyed in vaccine virus itself or caused by vaccination. The latter 
2597conclusion has been based on a recent report by Dr. J. F. Anderson, 
2598of the U. S. Public Health Service, which the falsifying vaccinators 
2599have made much use of in attempts to sustain their favorite and shock¬ 
2600ing falsehood that vaccination is perfectly safe and harmless and never 
2601causes death by lockjaw directly or indirectly, but which report we 
2602will show is most futile, and absurd as any defense of vaccination 
2603against the impregnable proofs of its deadly effects through lockjaw 
2604and many other septic infections caused both by the virus and the 
2605vaccination wound. 
2606
2607As we now go to press the daily papers of the last week (Sep¬ 
2608tember 30 to October 7), as if in fateful reproof of these shocking 
2609medical falsehoods, report the deaths of five children from lockjaw 
2610following vaccination in the usual periods of incubation. These cases 
2611are the two little boys, 5 and 7 years, of Charles Perks, of Burlington, 
2612N. J.; Dorothy Klemm, 5 years, of 148 Smart Av., Flushing; Martha 
2613Markusson, 5 years, of 766 41st St., Brooklyn, and Eleanor Fredericks, 
26146 years, of Fort Wadsworth, Staten Island. Thirty children were 
2615killed by vaccination in New York State about this time last year, so 
2616that this is now evidently the ?open season" for this medical slaughter 
2617of the innocents by compulsory disease, which we believe will have to 
2618be ultimately stopped by criminal proceedings against the men, high 
2619or low, who can be convicted as responsible for these medical homi¬ 
2620cides before our courts and juries. 
2621
262245 
2623
2624
2625LETTER TO MR. LOYSTER FROM MR. HIGGINS EXPOSING 
2626THE EVILS OF THE LOYSTER LAW 
2627
2628DEATH OF THE STILLWAGGON BOY FROM VACCINATION 
2629CITED AS AN EXAMPLE OF MANY OTHERS. VACCINA¬ 
2630TORS WHO KILL CHILDREN COMPARED TO PRESIDENT 
2631McKINLEY?S ASSASSIN. ABSURDITY AND WORTHLESS¬ 
2632NESS OF THEIR ?REPORTS? ON SUCH DEATHS DEMON¬ 
2633STRATED. WARNING AGAINST THIS CHILD SLAUGHTER 
2634AS BEING A CRIME UNDER THE PENAL CODE. 
2635
2636Mr. James A. Loyster, 
2637
2638Cazenovia, N. Y. 
2639
2640Dear Mr. Loyster: 
2641
2642I herewith enclose a copy of an article from the Brooklyn Eagle 
2643of March 7th, showing the death of another little victim of vaccination 
2644on the thirteenth day after the operation, namely, Nathan H. Still- 
2645waggon, son of John H. Stillwaggon, of 317 Ward Street, Richmond 
2646Hill, Long Island, N. Y., aged six. 
2647
2648The doctors, as you will see, deny all responsibility of vaccination 
2649for the death which is the usual medical falsehood in such cases, which 
2650cries to Heaven for punishment and must make the angels weep while 
2651the devils laugh; and this is another case to add to your collection in 
2652the next edition of your pamphlet, which will now make 27 deaths of- 
2653children from vaccination in this State in less than one year. 
2654
2655ENDANGERING LIFE OF CHILD A CRIME UNDER PENAL 
2656
2657CODE 
2658
2659As to the ?report? of the doctors in this case, you know what a 
2660farce these ?reports? and ?investigations? usually are and what an ab¬ 
2661surdity they are from a legal and judicial aspect, that is, the offender 
2662reporting on and trying himself and acting as judge and jury in his own 
2663case! We might as well accept an exculpatory report from Czolgosz on 
2664the killing of McKinley as accept a report from our vaccinating doctors 
2665on a vaccination death. These doctors are all employes of the city 
2666and the city also makes this virus which they use in their operations. 
2667Now, does any man of common sense expect that any one of these city 
2668employes will legally and publicly acknowledge, under his own signa¬ 
2669ture, that these coercive medical operations, which they perform on our 
2670little frightened children against the wish or desire of their parents, 
2671actually kill these children? And does any one expect that these men 
2672
267346 
2674
2675
2676will legally and publicly admit that this virus, made by the city, which 
2677they put into the children?s bodies in this entirely unnecessary and 
2678dangerous operation of vaccination, is actually, per se, a virulent, active 
2679blood poison, a purulent infection and septicemia pure and simple, which 
2680is capable of killing any child at any time within a few days or weeks, 
2681faster than the worst smallpox ever kills them, depending almost alto¬ 
2682gether on the constitution and present condition of the child vaccinated? 
2683If they made any such horrible but true admission as this it would 
2684probably not be difficult to convict the doctor guilty of any such act in 
2685about ten minutes before any jury in this vicinage, under Section 483 of 
2686the Penal Code on "Endangering Life or Health of Child/? and under 
2687Section 1050 on "Manslaughter.? In addition to such criminal prose¬ 
2688cution, the ground would be clearly laid for a civil suit for heavy dam¬ 
2689ages by the parents against the city for the loss of their child caused by 
2690such dangerous acts of medical malpractice by its agents and employes 
2691and by the use of its infecting manufactured product on the body of 
2692such child, which they so falsely and foully represent as perfectly safe 
2693and harmless. 
2694
2695We will, of course, never get these doctors to admit these facts 
2696and stop their dangerous practices until we either put able and eminent 
2697laymen at the head of our health departments, who will compel them 
2698to tell the truth, or until we prosecute them under our civil and crim¬ 
2699inal laws for any dangerous and illegal acts of which they may be 
2700guilty. 
2701
2702THE LOYSTER BILL ANALYZED AND CONDEMNED 
2703
2704I also enclose the latest copy of your amended Bill which, as you 
2705probably know by this time, has already passed the Assembly. As you 
2706look over this bill you will readily see what a fine piece of work it is 
2707in favor of the vaccinators and against the life of school children in 
2708this State and against the sacred rights of their parents to the sanctity 
2709of the bodies, health and life of their children, who are the most sacred 
2710possession of the parent. 
2711
2712In your address to the legislators, which you will see I have had 
2713printed for public circulation under the title of "A Heart to Heart 
2714Talk,? you ask them in a manly way, ?Do you want to stand up for this 
2715old law? Are you going to sit here and let this law kill more children?? 
2716They have now virtually answered you in the amended bill which your 
2717legislative friends in the Assembly have just passed as an evident honor 
2718to you: "Yes. We are not only going to stand up for this old law, but 
2719we will make this old law four times worse, so that it will apply to 
2720
272147 
2722
2723
2724every school, public or private, in this State, and leave no school which 
2725any child can enter unvaccinated, so as to make the possible slaughter 
2726of the children by this law and the possible profits of the vaccinators 
2727and vaccine mongers four times more.? 
2728
2729I now therefore ask you to carefully look at this shocking piece of 
2730legislation, which has been drawn by yourself and manipulated by your 
2731coadjutors, the health officials of this State, into whose scheme you 
2732have fallen (against all my warnings), and passed by your legislative 
2733friends, who do not seem to know when they are made the victims of 
2734medical craft and graft, and who have now perpetrated one of the most 
2735shameful and dangerous pieces of legislation that has ever been inflicted 
2736on the people of this State by our medical autocrats. 
2737
2738You can therefore see what a splendid monument this Bill will be 
2739to your memory and to the memory of your precious boy, slaughtered 
2740by coercive vaccination, if we should not be able to defeat it and it 
2741should be passed by the Senate and signed by the Governor. 
2742
2743You will see that there are two laws in this bill, one for big cities 
2744and one for the rest of the State, and that by this cowardly and illegal 
2745division you have got a law for your own country districts which is a 
2746little more favorable to the country children than for the city districts. 
2747For the city districts the law gives no escape whatever for our city 
2748children but forces this murderous practice of coercive vaccination on 
2749every school child, public or private. It therefore now threatens to put 
2750this evil on my own children, who go to private school. While I have 
2751never yet been injured by vaccination, because I knew enough to know 
2752that almost all the grounds upon which compulsory vaccination is based 
2753are outrageous falsehoods, yet I have fought day and night for years, 
2754exhausted my health, and have spent a fortune in money for the benefit 
2755of others who are not rich enough to be able to send their children to 
2756private school and escape this damnable doctor-made law; and yet you 
2757and your friends now come in with a contemptible and cowardly bill 
2758which will relieve their own children in the country districts to a cer¬ 
2759tain extent from the evils of vaccination, for the price of putting this 
2760barbarous evil four-fold stronger on all the children of the big cities, 
2761where the profits of the doctors will be four times more. 
2762
2763Now, all I have to say here is that, if you stand for this kind of 
2764thing, you are an entirely different man from what I believed you to be. 
2765And, of course, it is unnecessary for me to tell you that I shall oppose 
2766this evil bill to the very end, with my last ounce of strength, last idea 
2767of logic and my last dollar of money, until all this kind of legislation is 
2768buried out of sight of every decent man in this State and a law passed 
2769
277048 
2771
2772
2773which will repeal the crime of compulsory medical disease on our school 
2774children and make it as great a curiosity of a past barbarism as our 
2775State and National constitutions now make the old barbarism of com¬ 
2776pulsory religion, from which barbarism the people suffered so much in a 
2777past age, but not half as much as they now suffer from the much more 
2778dangerous barbarism of compulsory disease, forced upon us by our 
2779gigantic medical societies and interests, of which our health depart¬ 
2780ments, as now directed, are part and parcel. 
2781
2782Yours very truly, 
2783
2784(Signed) CHAS. M. HIGGINS, 
2785Treasurer Anti-Vaccination League of America. 
2786
2787271 Ninth St., Brooklyn, N. Y. 
2788
2789March 10, 1915. 
2790
2791MR. LOYSTER'S ANSWER 
2792
2793It is not necessary that we here publish all of Mr. Loyster's 
2794answer to this letter, which is very long and somewhat involved in his 
2795effort to justify what cannot be justified, but I think it is proper to 
2796publish the first paragraph of his letter to show that he takes full re¬ 
2797sponsibility for this law as his own special work and that I therefore 
2798do him no injustice in putting the chief responsibility for the passage 
2799of this evil law on the man who seems to take such pride in this 
2800work and seems to be so sure that the organized coecrcive vaccinators 
2801in our health departments and medical societies have not fooled him in 
2802his advocacy of their pet profitable and illegal schemes, which they have 
2803fully secured in this lawless law. 
2804
2805James A. Loyster, 
2806
2807Member Republican State Committee, 
2808
2809Madison County. 
2810
2811Cazenovia, N. Y., March 15, 1915. 
2812
2813Dear Mr. Higgins: 
2814
2815Your letter of March 10 is received. From its tenor it is apparent 
2816that it is useless for us to discuss the Tallett Bill. 
2817
2818As I have repeatedly written you, this bill is in the nature of a 
2819compromise, and is not exactly the bill I would place on the statute 
2820books if I could have my own way. It is my creation, however, and 
2821with one exception every item in it has had my approval. I do not 
2822
282349 
2824
2825
2826think you can expect me to listen to the flood of billingsgate that you 
2827are pouring out against a bill that I am more largely responsible for 
2828than any other person without a feeling of resentment. I do not feel at 
2829all flattered at your assumption that I have not sufficient brains to 
2830know whether or not I am being hoodwinked by any of the doctors 
2831connected with the department of health. I have for many years flat¬ 
2832tered myself on the possession of an ordinary amount of intelligence, 
2833and naturally it wounds my vanity to find out that I am * * * 
2834
2835Very sincerely yours, 
2836
2837(Signed) James A. Loyster. 
2838
2839
2840A FEW WORDS FOR MR. LOYSTER AND HIS COLLEAGUES 
2841
2842It will be seen from the above how Mr. Loyster ^resents the idea 
2843that he or his colleagues, Mr. Tallett or Senator Jones, have been in 
2844any way hoodwinked by the medical powers in this State in getting 
2845measures enacted in the Loyster-Jones-Tallett Law which just suit the 
2846vaccination doctors and which they have been trying to get through for 
2847years past against our successful opposition. Does Mr. Loyster, there¬ 
2848fore, mean to coolly tell us that these sinister measures were and are his 
2849own spontaneous ideas solely and purely? And does he mean to tell 
2850us that to take compulsory vaccination off the school children in his own 
2851little town of Cazenovia, of two thousand population, and in Mr. 
2852Tallett's little town of De Ruyter, of six hundred population, and to put 
2853this medical evil on every school, public and private, in the ten leading 
2854cities of the state, with a population of six millions, and with double 
2855pay to the doctors for every public vaccination performed, is his own 
2856particular idea of a proper law to be passed in this State in the interest 
2857of the people? And does he really think that this is good and noble 
2858and proper political work for him to do in this State as a Republican 
2859politician or Statesman, whichever he may regard himself? If he does 
2860think so, then I am very sorry for Mr. Loyster; and I thought I had 
2861done him an honor in supposing that this was not really his own work 
2862but was the work of the dangerous organized medical powers which 
2863commonly fool and tool our legislators and also control our medical 
2864legislation and our Departments of Health and Vital Statistics in this 
2865State, but which system must be soon driven out of power by the people 
2866of the State by a radical reform which will place able laymen at the 
2867heads of these departments as they now have in Democratic England, and 
2868
286950 
2870
2871
2872not the pompous doctors and members of great medical societies, as we 
2873now have here, who are professionally interested in many dangerous 
2874and profitable medical practices and in denying and concealing deaths 
2875and disasters from such practices and not in giving the ten millions of 
2876people in this great state either Medical Freedom or Medical Truth. 
2877
2878GIGANTIC MEDICAL INTERESTS BEHIND OUR VACCINA¬ 
2879TION LAWS MOST DANGEROUS POWER IN BODY 
2880POLITIC 
2881
2882To show what a gigantic medical interest is behind all our vaccina¬ 
2883tion laws and is constantly exerting both an open and concealed influence 
2884on our Legislature and our State and City Departments and on public 
2885opinion, it will be sufficient to give a few facts on this head to make 
2886this point obvious. 
2887
2888There are nine concerns licensed by the U. S. Government to manu¬ 
2889facture vaccine virus in this country, with a combined capital of about 
2890twenty millions! The largest of these concerns is the Parke-Davis Co. 
2891of Detroit, with a capital of about ten millions, and the next largest is 
2892the H. K. Mulford Co. of Philadelphia, with a capital of about two 
2893millions. These nine licensed manufacturers include the Health De¬ 
2894partment of the City of New York, which is actually engaged in the 
2895commercial business of making and selling vaccine virus, not only to 
2896doctors here for private use, but to other cities in the country for public 
2897use, in addition to its use for public vaccination in New York City and 
2898State. This list of licensed manufacturers also includes an ex-Health 
2899Commissioner of New York City, Dr. Ernest J. Lederle, or his company, 
2900the Lederle Co., of 170 William Street, New York City, which makes 
2901vaccine virus and anti-toxins. 
2902
2903It will thus be seen that the vaccine interest is very close to our 
2904department officials, and that they actually have a positive official bias 
2905or interest in denying and concealing injuries and deaths occurring, 
2906directly or indirectly, from the medical products made by their own 
2907departments and actually put into the body and blood of our children 
2908in operations performed by their own subordinates or doctors, all em¬ 
2909ployes of the City or State! 
2910
2911Now, in addition to this gigantic manufacturing interest of nine 
2912vaccine mongers, with nearly twenty millions of capital, there are the 
2913gigantic medical societies, both state and national, with tens of thou¬ 
2914sands of members, which are in practical alliance with these vaccine 
2915manufacturers as purchasers and users of their products and also as 
2916
291751 
2918
2919
2920the originators, advocates and maintainers of all our compulsory vac¬ 
2921cination laws, which are obviously worth millions of dollars every 
2922year to these vaccine mongers and the vaccinating doctors who use their 
2923products, which are constantly being forced upon the people under our 
2924evil and illegal vaccination laws. It will be sufficient to give the names 
2925and numbers of these medical societies to show what a dangerous 
2926power we have in the body politic, which is solely responsible for 
2927placing upon the people this most dangerous and illegal oppression of 
2928compulsory medicine, an oppression much more evil than compulsory 
2929religion ever was, and which is now represented in the evil practice of 
2930compulsory vaccination and other schemes of medical compulsion, 
2931such as compulsory medical examinations, etc., now improperly forced 
2932upon the people. 
2933
2934There is a national association of doctors, known as the ?Ameri¬ 
2935can Medical Association,? which has a membership of 40,000 doctors! 
2936The head office of this society is in Chicago but it has a large mem¬ 
2937bership in the City and State of New York. In this State we have the 
2938following medical societies: ?Medical Society of the State of New 
2939York,? 7,390 members; ?Medical Society of the County of New York,? 
29402,515 members; ?Medical Society of the County of Kings,? 950 mem¬ 
2941bers ; ?Associated Physicians of Long Island,? 503 members. There are, 
2942of course, many other medical societies, but these are the chief ones, 
2943more directly influencing our own City and State; and any one can 
2944see at a glance what a menace these societies are and what a dangerous 
2945power they are in our body politic when they are in fact united as one 
2946body in the advocacy of compulsory medicine in its various danger¬ 
2947ous and illegal forms and particularly in the evil form of com¬ 
2948pulsory vaccination, and it may be set down as a fact that to these 
2949medical societies, in connection with the great vaccine mongers, we 
2950owe all our compulsory vaccination laws. Experienced legislators have 
2951informed me that this gigantic medical power has the most complete 
2952organization and lobbying system for influencing legislation of any in¬ 
2953terest in the State, as we have seen partly illustrated in the passage of 
2954the evil Loyster Law. 
2955
2956The history of our compulsory vaccination law shows that this 
2957was first passed in 1860 and has ever since been on our statute books 
2958with some slight changes until it was superseded by the present Loyster 
2959Law, and it was originally passed simply on petition from the Medical 
2960Society of the State of New York and was rushed through the Legis¬ 
2961lature and signed by the Governor in a few days without any public 
2962consideration or hearing whatever. Numerous efforts have been made 
2963by the people of this State at different times during the last ten or more 
2964years to have this evil law repealed, but it has been constantly opposed 
2965by this same gigantic medical power, which profits immensely by such 
2966laws, and which power has been generally able to continue such evil 
2967laws by hoodwinking not only our legislators, but also our courts and a 
2968large part of our people with its three great falsehoods: 
2969
2970(1) That compulsory vaccination is absolutely necessary for the 
2971
297252 
2973
2974
2975prevention of smallpox epidemics and is the only known remedy 
2976therefor. 
2977
2978(2) That Sanitation, Isolation and Hygiene have no influence what¬ 
2979ever in preventing or controlling smallpox. 
2980
2981(3) That vaccination is perfectly safe and harmless and never 
2982causes any injury or death. 
2983
2984I have already demonstrated what dangerous and criminal false¬ 
2985hoods all of these propositions are and need say nothing further on that 
2986point here, but any person of common sense can see that when we have 
2987the same set of men in full control of our health departments and vital 
2988statistics who are also engaged in the practice and profit of vaccination, 
2989and when these men have thus full power and a direct interest to deny 
2990and conceal injuries and deaths from vaccination and other medical 
2991operations in death certificates and yearly reports we obviously cannot 
2992expect much reform in this great medical evil and menace until we put 
2993able laymen at the heads of these departments, who will have no interest 
2994in these medical denials and concealments, and who will administer 
2995these departments purely in the interest of the people and not in the 
2996interest of medical manufacturers, medical societies and medical theories, 
2997as I have already suggested. 
2998
2999To show what a gigantic interest the doctors and medical societies 
3000have in our own city government it will be sufficient to consider these 
3001figures, which have been given by the President of the Board of Aider- 
3002men in a medical journal. There are 8,100 registered doctors in this 
3003city of New York, and out of this number nearly one-quarter or 1,632 
3004are in the employment or service of the city which pays a million dollars 
3005a year for this service! 
3006
3007It is therefore obvious from all the figures already given what a 
3008powerful medical control the people are under unconsciously to them¬ 
3009selves, and what a powerfully intrenched and organized medical force 
3010we actually have in public office in our body politic in City and State 
3011which, under the forms and appearances of looking after the public in¬ 
3012terest only, is in the strongest possible position to look after the in¬ 
3013terests of its own profession first and to be safely able to deny and con¬ 
3014ceal any of the injurious or fatal effects of any of the medical prac¬ 
3015tices, theories, experiments or fads, which it may be regularly prac¬ 
3016ticing or favoring for the time being. This allegation is, of course, the 
3017obvious fact because this organized medical force controls all our health 
3018departments, vital statistics, death certificates, autopsies, medical re¬ 
3019ports, etc., etc., and can, of course, make any of these records or reports 
3020to suit their medical dogmas, theories or interests and conceal their mis¬ 
3021takes; and there is no element now in our City or State governments 
3022to adequately check this dangerous, evil and one-sided power, and will 
3023not be until we put able laymen in office over this gigantic medical 
3024interest, with honest doctors under them of whom plenty can be found 
3025in this great profession who can quickly relieve the profession from 
3026the disgrace which the oppressions, falsehoods and malpractices of 
3027medical compulsion and domination have already brought upon it all 
3028over this State and Nation. 
3029
3030
303153 
3032
3033
3034LETTER TO GOVERNOR WHITMAN ASKING VETO OF 
3035LOYSTER-TALLETT BILL 
3036
3037
3038SINISTER FACTS IN CANVASS AND PASSAGE OF THIS 
3039BILL EXPOSED AND CONDEMNED 
3040
3041Subject :?Final appeal to veto the scandalous and dangerous Jones- 
3042
3043Tallett Vaccination Bill. 
3044
3045Hon. Charles S. Whitman, Governor , 
3046
3047Albany, N. Y. 
3048
3049I again solemnly urge upon you the veto of the Jones-Tallett Vac¬ 
3050cination Bill, as being a most shameful and dangerous piece of medical 
3051legislation, full of medical craft and graft in the interest of vaccinators 
3052and vaccine dealers operating in this State, and worth millions of dollars 
3053to this big medical interest. 
3054
3055This bill puts compulsory vaccination on every school child in this 
3056State, whether in big cities or country districts, and whether in public, 
3057private or parochial schools, whereas the present law applies to public 
3058schools only. It has been falsely and foully represented from the first 
3059as applying only in case of actual epidemics and as not applying to the 
3060City of New York at all! Many members of the Senate and Assembly 
3061from New York City seem to have voted for the bill on this false 
3062representation, into which they have been misled by some person or 
3063persons. Such fraud, and deceit, I believe to be a crime under Section 
30641327 of the Penal Code, and whoever may be guilty of such a crime 
3065should be convicted and punished, if possible, under due process of 
3066law. Some evidence on this head has already been placed before you, 
3067and I believe that this fact alone of gross deception in the canvass and 
3068passage of this bill should cause you to veto the bill as a legal outrage 
3069and scandal in our legislation. 
3070
3071In addition to this evidence of probable fraud or deceit in the 
3072passage of this bill, its enforcement, if it is made a law, on our little 
3073school children would be most dangerous to health and life and would 
3074result in many deaths every year. I have already clearly proved to you 
3075that the school age is most immune to smallpox and has the highest 
3076vitality and lowest death-rate from all causes of any age-class in the 
3077population, and therefore needs alleged protection from smallpox less 
3078than any other class, and that men of voting age, legislators and voters, 
3079are five times more subject to smallpox and five times more in need of 
3080vaccination than school children, yet no one has attempted to put com¬ 
3081pulsory vaccination on this manful age, able to bear it with less danger 
3082
308354 
3084
3085
3086than children; but, with shameful medical and legislative ignorance and 
3087cowardice, this evil has been put only on our little school children, 
3088under the false teachings and urgings of our medical societies, health 
3089officials, vaccinating doctors and vaccine mongers, who profit immensely 
3090by the enforcement of such evil laws. 
3091
3092I have also shown you that vaccination is simply the infliction of 
3093a dangerous disease which, for children, is more dangerous to health and 
3094life than natural smallpox and now actually kills more children than 
3095smallpox, which fact is shamefully concealed in our vital statistics, 
3096but is clearly proved in every yearly Report of the highest statistical 
3097authority in the world, the Registrar-General of England. 
3098
3099This shameful bill also pretends to make the enforcement of vac¬ 
3100cination less rigid in our country districts than in our big cities, under 
3101the false idea that cities are more subject to smallpox than country 
3102districts as a whole. But this is another shameful falsehood of the men 
3103?some of whom are in our State Department of Health?who are 
3104responsible for the drafting of this false and evil bill. On the contrary, 
3105the country districts, which contain less than half the population of 
3106this State have almost always many more cases of smallpox than the 
3107City of New York, which contains more than half the population of the 
3108State. So much is this the fact that the cases of smallpox in the 
3109country districts outside of New York City are usually five or ten 
3110times more every year than in New York City. Furthermore, small¬ 
3111pox is, in fact, more of a country disease than a city disease, occurring 
3112most where there are paper and rag mills and industries dealing with 
3113animal textures, wool, hair, and hides, and with farm filth and domestic 
3114animals, etc., and where there are lumber camps and ?bunk houses? of 
3115railroad and other laborers, with great human overcrowding and gross 
3116unsanitary conditions which are absent in the cities; and in fact, most of 
3117the cases of smallpox found in the cities come from the country. The 
3118shameful falsehood here refuted is therefore only one of many similar 
3119falsehoods constantly forced by the ignorant and reckless vaccinators 
3120in our health departments and medical societies on the Legislature and 
3121the People of this State; and on such falsehoods all vaccination legis¬ 
3122lation like that in this evil Tallett Bill has been based. 
3123
3124Under these facts and circumstances I therefore submit to the 
3125Governor of this State, as a last appeal for Right and Truth and Justice 
3126in this matter, that the enactment of this false and evil Jones-Tallett 
3127Bill into Law would be a medical crime on the people of this State; 
3128and I shall therefore hope that the Governor will be in no way respons¬ 
3129ible for this crime by signing or approving this scandalous piece of 
3130legislation. 
3131
3132Respectfully submitted, 
3133
3134CHAS. M. HIGGINS, 
3135
3136Treasurer Anti-Vaccination League of America. 
3137
3138271 Ninth Street, Brooklyn, N. Y., 
3139
3140March 31, 1915. 
3141
3142
314355 
3144
3145
3146THE HEARING BEFORE THE GOVERNOR 
3147
3148
3149(March 29th, 1915) 
3150
3151To show how this evil Tallett Bill has been falsely represented 
3152from the outset so as to win votes on this false basis to rush it through 
3153the legislature, as referred to in the above letter and at the hearing 
3154before the Governor, it may suffice to state that from the first it has 
3155been boldly represented as providing for enforced vaccination only in 
3156case of actual epidemics and only in such epidemic districts, and that 
3157the law did not apply at all to big cities like New York, whereas it 
3158was not at all limited to epidemics and applied constantly in -all big cities. 
3159To prove how well this gross deception has worked, I here give a 
3160verbatim copy of a letter written by my own local Assemblyman, Hon. 
3161William T. Simpson, of the Twelfth Assembly District in Brooklyn, 
3162where I reside, to a neighbor in the same district. 
3163
3164
3165ASSEMBLY CHAMBER 
3166State of New York 
3167
3168
3169Albany 
3170
3171
3172Mr. Stephen McNamee, 
3173225 14th Street, 
3174
3175
3176March 8th, 1915. 
3177
3178
3179Brooklyn, N. Y. 
3180
3181Dear Sir: 
3182
3183Your favor of the 4th instant at hand and was received my me on 
3184my return to Albany to-day. In reply thereto beg to say that the 
3185Tallett Bill, to which you refer, did not affect the City of New York in 
3186any manner and for that reason was not opposed by City members. 
3187
3188I thank you for your favor and will place the same in my file. 
3189Yours very truly, 
3190
3191(Signed) Wm. T. Simpson, 
3192Assemblyman . 
3193
3194
3195From this shocking letter it is plain that Mr. Simpson and many 
3196other members from the city, in both Senate and Assembly, voted for 
3197this bill with the idea that it had no reference to the City whatever 
3198and that they did this evidently on the mere statement and request of 
3199somebody to vote for the bill without ever having read or studied the 
3200bill or the letters sent from constituents warning them of the real 
3201nature of the bill. Now surely the making of law is the highest and 
3202
320356 
3204
3205
3206most sacred function that can be exercised by any man or official, 
3207much more sacred and important even than the work of the Judiciary 
3208in the interpretation of law or the work of the Executive in the enforce¬ 
3209ment of law, and surely here is a shocking sample of how some laws 
3210are passed and how the most sacred of all official functions is some¬ 
3211times exercised under political ?deals,? ?combinations,? or sinister in¬ 
3212fluences, and particularly through gross neglect of legislators to clearly 
3213know what they are voting for before they vote, as seems to have 
3214existed in the case of Mr. Simpson and others. 
3215
3216MR. TALLETTS SHOCKING LETTER 
3217
3218A more shocking example yet of blind or deceptive legislation is 
3219found in this letter from Mr. Tallett himself to a voter in Brooklyn, in 
3220which he shows complete ignorance of the real nature and scope of his 
3221own bill, or rather Mr. Loyster?s bill, which he introduced in the 
3222Assembly, and in which it will be seen he states in a postscript, written 
3223in by his own hand, that the bill does not apply to New York City at 
3224all, whereas it, of course, applied, as any tyro in legislation could see at 
3225a glance, positively and particularly to New York and other big cities. 
3226
3227ASSEMBLY CHAMBER 
3228State, of New York 
3229Albany 
3230
3231January 29th, 1915. 
3232
3233Mr. Percy Gianella, 
3234
3235608 Fifth Street, 
3236
3237Brooklyn, N. Y. 
3238
3239My Dear Mr. Gianella: 
3240
3241I have your favor of the 28th instant and enclose copy of Assem¬ 
3242bly Bill No. 125, which will explain itself. This bill is introduced for 
3243the purpose of modifying the present vaccination law relative to chil¬ 
3244dren in public schools. 
3245
3246Yours very truly, 
3247
3248(Signed) Morrell E. Tallett. 
3249
3250MET'EFG 
3251
3252Enclosure (Written in by hand) 
3253
3254This law does not apply in Greater New York. New York City 
3255has its own Public Health and Public Education laws. 
3256
3257
325857 
3259
3260
3261When Mr. Tallett was confronted with this letter at the hearing 
3262before the Governor this is what he said, according to the record of 
3263the Hearing: 
3264
3265?When it (his Bill) was introduced I was told that New York 
3266City had its own law in regard to the education business and that this 
3267wouldn't affect it.? 
3268
3269Now, who it was that misled Mr. Tallett and other legislators with 
3270this stupid and dangerous falsehood does not yet appear, but I think 
3271it is evident from the disgraceful facts above shown how easy it may 
3272be for the highly organized medical powers in this State not only to 
3273fool but to tool some of our legislators into possibly getting most any 
3274kind of a bill through to suit these medical interests, without the actual 
3275knowledge or consciousness of these legislators as to what they are 
3276really doing, as seems to have been actually the case with the Loyster- 
3277Tallett Bill. 
3278
3279To add to this shocking exhibit, I now give an extract from the 
3280manly letter of the Senator from my own local district, Hon. William 
3281B. Carswell, of Brooklyn, which shows another evil feature in the pas¬ 
3282sage of the Loyster Bill, in that his own vote was actually recorded for 
3283this bill while absent without his knowledge or consent and positively 
3284against his intentions and orders, and I have reason to think that this 
3285is not the only example of such false record in the vote on this Bill. 
3286
3287
3288William B. Carswell, 
3289
32906th District. 
3291
3292THE SENATE OF 
3293The State of New York 
3294Albany 
3295
329661 Broadway, New York City, N. Y., June 10th, 1915. 
3297
3298Mr. Charles M. Higgins, 
3299
3300271 9th Street, 
3301
3302Brooklyn, New York. 
3303
3304Dear Mr. Higgins: 
3305
3306I am in receipt of your favor of the 8th inst., in regard to my 
3307vote on the Tallett Bill. From it I learn for the first time, that I am 
3308recorded in favor of that measure. I am and was opposed to the 
3309measure and my views underwent no change. I not only advised you 
3310and several others that I was against the v bill, but Senator Jones, who 
3311handled the matter in the Senate, was informed by me on the several 
3312
331358 
3314
3315
3316occasions he solicited my vote for the bill, that I was against it. I am 
3317erroneously recorded in favor of the measure through some mistake of 
3318the clerk at the desk, or the copy of the roll call has been incorrectly 
3319made out. 
3320
3321********** 
3322
3323Trusting I make myself clear in the foregoing, I am, with best 
3324wishes, 
3325
3326Very truly yours, 
3327
3328WBC/D (Signed) Wm. B. Carswell. 
3329
3330All these facts as given above surely make a most disgraceful 
3331record of improper legislative methods under which the Loyster Bill 
3332was passed which speak loudly for themselves and need no further com¬ 
3333ment here, and I now submit these facts for the information, criticism 
3334and judgment of the people of this State as a public duty under the 
3335circumstances. 
3336
3337
3338GOVERNOR WHITMAN'S MISTAKE 
3339
3340I now have to add, with regret, how I believe the Governor neg¬ 
3341lected or shirked his clear duty to consider all the facts we placed before 
3342him at the hearing on this evil Loyster Bill, and how he failed to use 
3343his own judgment on these facts but deferred judgment on the whole 
3344subject to the Commissioners of Health, who, of course, are profes¬ 
3345sionally interested in and committed to the whole subject of vaccination 
3346and cannot possibly be considered impartial or proper judges in the 
3347matter. We will now let the Governor's own words speak for him, as 
3348taken from the official records of the Hearing, in answer to our counsel, 
3349Hon. Charles F. Murphy, of Brooklyn. 
3350
3351THE GOVERNOR: Don't you think the Governor is obliged, or 
3352rather justified in looking to the Health Department of State and City 
3353in a matter that is so peculiarly within its jurisdiction as this matter? 
3354I am not in a position myself to decide as to whether vaccination is a 
3355good thing or not. It didn?t work very well with me. 
3356
3357MR. MURPHY: And that is just why I agree with you. It didn't 
3358work well with me, either, Governor. 
3359
3360THE GOVERNOR: Here is the Health Department of the City, 
3361at the head of which is a man of national reputation, and whose opinion 
3362on questions like this ought to carry great weight anywhere; and the 
3363Health Department of the State, whose Commissioner is a man of 
3364
336559 
3366
3367
3368standing and a man who has done a great work there, and is doing 
3369great work there now. I do not feel as though I ought to pass on that 
3370question. The Health Department should do it. 
3371
3372
3373This illustrates clearly how the average legislator and the average 
3374executive treats the whole subject of vaccination whenever it is brought 
3375officially before them. Instead of considering the actual facts of 
3376the matter as the highest possible authority, and considering the 
3377whole subject carefully on their own account from these basic facts, they 
3378will usually, in a thoughtless, cowardly or shirking way, defer to so-called 
3379medical authorities which have a professional interest and bias of the 
3380strongest kind on one side only of this subject. Now, how an eminent 
3381lawyer like Governor Whitman could make such a logical and judicial 
3382mistake as this would be very strange did we not know by long experi¬ 
3383ence that it is so very common with Governors and Legislators who 
3384are good lawyers to act like very bad lawyers and poor judges when this 
3385complex subject of vaccination comes up, which they will persist in 
3386failing to study for themselves and get the real facts of the matter on 
3387both sides into their ?lay? and unprejudiced minds, as should be the 
3388case with every true ?juryman? sitting on any contested matter of facts. 
3389And surely Governor Whitman is enough of a lawyer to know that, 
3390under our fundamental laws, our whole legal system is based on the 
3391proposition that the common layman or juryman is perfectly competent 
3392to consider facts and give his legal decision on them and that the ordin¬ 
3393ary intelligent layman having no personal, selfish, business or profes¬ 
3394sional interest in the subject at hand is, as a matter of law, supreme in 
3395his judgment on these contested facts , and that, on the contrary, the 
3396man who has a business or professional interest in a subject like vac¬ 
3397cination (as our doctors and health officials have) is just the very man 
3398who should not be asked to judicially or legally decide any such subject; 
3399and yet that is the very mistake that the eminent lawyer, Governor 
3400Whitman, made in this case, which is contrary to all the legal logic and 
3401equity on which all our great jury and court system is based. To there¬ 
3402fore defer the question of the propriety of any vaccination law to the men 
3403directly interested in forcing vaccination on the people is just about as 
3404logical and judicial as if an ordinary trial judge and jury should con¬ 
3405clude they were ?incompetent? to pass on the ?law? and ?facts? in¬ 
3406volved in the case before them and should abdicate and turn over the 
3407whole case to the lawyer for the defendant to settle as he thought bestl 
3408If Thomas Jefferson had submitted his great Declaration of Liberty to 
3409the lords and aristrocrats of England for approval before he submitted 
3410
341160 
3412
3413
3414it to the people of this country, or if Abraham Lincoln had first sub¬ 
3415mitted his Emancipation Proclamation to Jefferson Davis and the 
3416slave-holders of the South for their approval, it would have been just 
3417about as reasonable, logical, judicial and lawyer-like as for Governor 
3418Whitman to defer any question of compulsory-vaccination-law for final 
3419decision to Commissioner Biggs or Commissioner Goldwater, or any 
3420other vaccinating doctor in this State. 
3421
3422We have great hope and faith, however, that the Governor will 
3423never again make the mistake that was made in this case, if he once 
3424studies and absorbs the medical, statistical and legal facts now given 
3425to the public in this little pamphlet on this great and complex subject 
3426of vaccination. 
3427
3428NEW LAW SUGGESTED FOR REPEAL AND PROHIBITION 
3429OF ALL COMPULSORY VACCINATION 
3430
3431The next Legislature should make a full repeal of the present evil 
3432Loyster Law by passing some such law as that suggested below, which 
3433prohibits all compulsory vaccination, and the parents of the two and 
3434a quarter millions of school children in this State should strongly urge 
3435the passage of this law by their representatives in the next Legislature. 
3436
3437PROPOSED LAW PROHIBITING AND PENALIZING COM¬ 
3438PULSORY, COERCIVE OR FORCED VACCINATION OR 
3439INOCULATION IN THE STATE OF NEW YORK 
3440
3441No form of vaccination or inoculation shall be imposed upon any 
3442person by any form of force, intimidation, or coercion, against free will 
3443and consent, and no child or minor shall be subjected to any form of 
3444vaccination or inoculation without the free consent of parents or guard¬ 
3445ians. All doctors, health officers or other persons, in attempting or 
3446offering to vaccinate or inoculate any child or other person, must first 
3447carefully explain to such person, or to the parents or guardians of such 
3448child or minor, that the proposed vaccination or inoculation is in no 
3449way compulsory, and will not be performed if objected to by such 
3450person, parent or guardian. 
3451
3452No form of vaccination or inoculation shall be made a condition 
3453for admission to any public or private school or college in the State or 
3454for the exercise of any other right or privilege of any citizen, tax¬ 
3455payer or other person in the State. 
3456
3457
345861 
3459
3460
3461A violation of any of these provisions shall be punishable by a 
3462fine of from five hundred to one thousand dollars, or imprisonment for 
3463from one to two years, or by both fine and imprisonment at the discre¬ 
3464tion of the Court. 
3465
3466All existing laws or parts of laws inconsistent with these provisions 
3467are hereby repealed. 
3468
3469This Act shall take effect immediately. 
3470
3471OTHER REFORMS SUGGESTED 
3472FOR ATTENTION OF PARENTS AND SCHOOL OFFICERS 
3473
3474The parents of the two or more millions of school children in this 
3475State who pay the taxes for the support of the most extensive and most 
3476expensive function of our State and City governments, viz., Public Edu¬ 
3477cation, should now unite in making a general demand upon or remon¬ 
3478strance to our educational officials of State and City for a proper 
3479protection of the most sacred rights of our most precious possession, the 
3480children of school age, who form one-quarter of our whole population, 
3481which remonstrance should take some such form as stated in the fol¬ 
3482lowing propositions: 
3483
3484First: To give expression to some proper criticism of our State De¬ 
3485partment of Education for its mistake in blindly accepting gross and 
3486dangerous medical and statistical falsehoods issued by the State De¬ 
3487partment of Health in its bulletin of February, 1914, on the subjects 
3488of smallpox and vaccination and adopted in the vaccination order of 
3489Deputy Commissioner Finegan, sent to all school districts, dated 
3490March 20, 1914, and for the failure of this great Department of Edu¬ 
3491cation to properly protect the two millions of school children in this 
3492State from this great medical superstition and danger of compulsory 
3493disease as an alleged mode of producing public health, but which is 
3494far more dangerous to school children than natural smallpox, and has 
3495killed 30 or more children in this State in 1914. 
3496
3497Second: To express a proper censure of Deputy Commissioner Fine¬ 
3498gan for his apparently illegal and intimidating order of March 20, 1914, 
3499to the local trustees throughout the State, forcing them to compel 
3500vaccination of school children, contrary to their own legal discretion 
3501in this matter and in violation of the decision of Commissoner Draper 
3502recognizing this discretion in the local school officers in the case of 
3503the town of Olean in 1912, which order has resulted in the deaths of 
3504many children all over the State from this forced vaccination. 
3505
3506Third: To carefully consider the legal question whether the De- 
3507
350862 
3509
3510
3511partment of Education or the State government is not liable to parents 
3512for the deaths of their children killed by vaccination thus coercively 
3513forced upon them; and 
3514
3515Fourth: To consider whether doctors and health officials perform¬ 
3516ing these fatal vaccinations?under the false representation that the 
3517operation is safe and harmless, instead of being actually, in all cases, the 
3518infliction on the healthy human body of a potentially dangerous disease 
3519of blood poisoning known as purulent infection and septicemia?are 
3520not liable for both civil and criminal prosecutions. 
3521
3522Fifth: To secure a public investigation of our health departments 
3523to expose their constant denial and concealments of deaths from vac¬ 
3524cination and consequent falsification of our vital statistics. 
3525
3526Sixth: To consider the passage of a special Act of the Legislature 
3527to indemnify parents for the destruction of health or loss of life of 
3528their children caused by^ compulsory disease illegally forced on them by 
3529agents of the State or City under the false representation and criminal 
3530malpractice that such act of compulsory disease was necessary for their 
3531health, or the health of the State, and that it was entirely safe and 
3532harmless, or, as expressed in the actual words of the State Department 
3533of Health in its Bulletin of February, 1914, that ?There is not the 
3534slightest risk in the process of vaccination/' etc., which false and 
3535dangerous statement we believe to be actually a crime on the people 
3536of this State and would justify a public request for the removal of 
3537its authors from office. 
3538
3539Seventh: To urge a proper public investigation of the medical graft 
3540in the practice of vaccination and sale of virus in this State, to show 
3541how much is paid for vaccination and for virus by the State or by 
3542towns and cities or school districts, and who get this pay. 
3543
3544Eighth: To secure the passage of a new law which will remove 
3545all vaccinating doctors and members of medical societies from the 
3546heads of our departments of health and vital statistics and put in their 
3547places able and eminent laymen having no interest in medical practices 
3548or concealments, same as now exists in England, where the Registrar- 
3549General and Minister of Health are both eminent laymen, and where the 
3550vital statistics are known to be the most full and reliable in the world 
3551and where deaths from vaccination are not concealed but are reported 
3552regularly every year, showing in many years greater mortality than from 
3553smallpox. 
3554
3555
355663 
3557
3558
3559I 
3560
3561
3562PROTEST OF PARENTS TO BOARD OF REGENTS AND 
3563DEPARTMENT OF EDUCATION 
3564
3565
3566All parents of school children in the State who are opposed to 
3567compulsory vaccination, and particularly all parents whose children 
3568have been injured or killed by vaccination forced upon them within the 
3569last two years, should write a strong personal letter of remonstrance 
3570to the Board of Regents, or to the State Department of Education, at 
3571Albany, protesting against the longer continuance of this barbarous 
3572medical evil of compulsory disease on our State schools as a condition 
3573for education therein, and particularly for the failure of our high 
3574school officials to protect the children from this evil long ago and for 
3575supinely accepting the dangerous and stupid medical falsehoods on 
3576which this evil has been based. The blind acceptance of such false¬ 
3577hoods is an actual disgrace to the mental acumen of men capable of any 
3578independent judgment or of investigating facts for themselves, by which 
3579they could soon be convinced of the needlessness of compulsory vaccin¬ 
3580ation for school children and of its awful danger to their health and life. 
3581This great danger is clearly shown when at least ten times more children 
3582are killed every year, directly or indirectly, by vaccination than by 
3583smallpox, against which the vaccination is directed and to which dis¬ 
3584ease children of school age are naturally more immune than any other 
3585element in the population. 
3586
3587These parental letters of protest should be addressed, ?To the 
3588Board of Regents, Albany, N. Y.,? or, ?To the State Department ol 
3589Education, Albany, N. Y.? 
3590
3591It should be remembered that the Board of Regents (twelve in 
3592number) control the entire Public School System of the State and ap¬ 
3593point the Commissioner of Education, the chief officer of the Depart¬ 
3594ment of Education, who serves at the pleasure of the said Board ol 
3595Regents. 
3596
3597PAMPHLETS FOR SALE 
3598
3599
3600We have bought several thousand of Mr. Loyster?s valuable pam¬ 
3601phlet entitled ?Vaccination Results In New York State in 1914? for 
3602circulation at cost. This pamphlet shows the deaths of nearly thirty 
3603children from vaccination in 1914, including Mr. Loyster?s own son, 
3604with portraits and detailed description. These deaths were the result 
3605of the illegal vaccination crusade forced on the schools of the State by 
3606the ill-advised and untenable order of Dr. Finegan, Deputy Com¬ 
3607missioner of Education, dated March 20, 1914, issued under the 
3608illegal dictation of the State Department of Health, and upon its false 
3609and dangerous advices that such forced vaccination was necessary for 
3610the health of children and was perfectly safe and harmless, which 
3611dangerous orders and false advices, with their fatal effects, should 
3612become the subject for public investigation and rebuke of all the 
3613State officials responsible for them. 
3614
3615Price of the Loyster pamphlet by mail, ten cents each 
3616Copies of the present pamphlet, ?The Crime Against The School 
3617Child,? will be mailed upon request. Price, ten cents each. 
3618
361964 
3620
3621
3622P. J. COLLISON & CO 
3623Brooklyn, N. Y. 
3624
3625
3626THE CRIME AGAINST 
3627THE SCHOOL CHILD 
3628
3629
3630Compulsory Vaccination 
3631Illegal and Criminal and 
3632Non-enforceable Upon the 
3633People 
3634
3635How to Legally Defeat this Medical Evil 
3636Which Now Kills More Children 
3637than Smallpox 
3638
3639Advice to Parents and School Officers With 
3640Legal Defenses Against All 
3641Compulsory Vaccination 
3642
3643By 
3644
3645CHAS* M* HIGGINS 
3646Brooklyn, N. Y* 
3647
36481915