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Pox_ An American History - Michael Willrich [238]

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Wanted,” ibid., Jan. 30, 1902, 2. “Vaccination,” ibid., Feb. 1, 1902, 4. “All in Favor,” ibid., Feb. 4, 1902, 4. “Loss to Boston,” ibid., Feb. 3, 1902, 4. “AntiVaccination,” Boston Evening Transcript, Feb. 19, 1902, 1. “Vaccination Bills In,” ibid., Feb. 20, 1902, 3.

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

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

76 “An act to prevent compulsory vaccination and to prevent vaccination being made a condition precedent to school attendance,” General Laws of the State of Minnesota . . . 1903 (St. Paul, 1903), ch. 299. “Sanitation and Legislation in Minnesota,” in section entitled, “Hygiene and Public Health,” ed. Henry M. Bracken [sec. of state board of health], St. Paul Medical Journal, 5 (June 1903), 456. “Anti-Vaccination Law in Minnesota,” Medical Sentinel (Portland, OR), 11 (June 1903), 331–32. Little (1903) quoted in Johnston, Radical Middle Class, 358, n. 8. William J. Mayo, “The Medical Profession and the Issues Which Confront It,” SCI, new ser. 23 (Jun. 15, 1906), 900.

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

78 Little quoted in Johnston, Radical Middle Class, 201.

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

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

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

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

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

EIGHT: SPEAKING LAW TO POWER


1 Plessy v. Ferguson, 163 U.S. 537 (1896). Brown v. Board of Education, 337 U.S. 483 (1954). Gideon v. Wainwright, 372 U.S. 335 (1963).

2 Transcript of Record, Jacobson v. Massachusetts, U.S. Supreme Court, October Term, 1904, No. 70-175, filed June 29, 1903, 5, 4 [hereafter “Jacobson USSC Transcript”]. Twelfth Census of the United States (1900): Schedule No. 1—Population: Cambridge, Massachusetts, Enumeration District No. 691. Today, Pine Street, which lies just north of Massachusetts Avenue, is not generally considered part of Cambridgeport; but it was in 1902. See “Small Pox Scourge. Alarming Outbreak of the Disease in a Section of Cambridgeport,” Cambridge Chronicle, Jun. 21, 1902, 4. American wage figure in 1900, from “Responses to Industrialism,” Digital History, http://www.digitalhistory.uh.edu/historyonline/us26.cfm, accessed December 17, 2009.

3 Jacobson v. Massachusetts, 197 U.S. 11, 13, 26 (1905).

4 Wendy E. Parmet et al., “Individual Rights versus the Public’s Health—100 Years after Jacobson v. Massachusetts,” NEJM, 352 (2005), 652–54.

5 Brief for Defendant, Commonwealth v. Jacobson, Supreme Judicial Court of Massachusetts, Mar. 1903, 19; in Massachusetts Reports Papers and Briefs, vol. 183, SLL (hereafter “Jacobson SJC Brief ”).

6 Defendant’s Bill of Exceptions, Commonwealth v. Jacobson, Massachusetts Reports Papers and Briefs, vol. 183, 4, SLL (hereafter “Jacobson’s SJC Exceptions”). Twelfth Census of the United States (1900): Schedule No. 1—Population: Cambridge, Mass., Enumeration Dist. No. 691. Peter Skold, “From Inoculation

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