Pox_ An American History - Michael Willrich [239]
7 Obituary of E. Edwin Spencer, White Family Quarterly, vol. 1 (Apr. 1903), 38–39. John S. Haller, Jr., A Profile in Alternative Medicine: The Eclectic Medical College of Cincinnati, 1845–1942 (Kent, OH: Kent State University Press, 1999). George Otis Ward, Worcester Academy: Its Location and Its Principals, 1834–1882 (Worcester, MA, 1918).
8 “Small Pox History,” CC, Sept. 20, 1902, 15. City of Cambridge, Annual Report of the Board of Health for the Year Ending November 30, 1901 (Cambridge, MA, 1902), 20.
9 “Death from Lockjaw,” CC, Jan. 4, 1902, 5.
10 “Small Pox History.” “Smallpox Scourge,” CC, Jun. 21, 1902, 4. CAMBOH 1902, 6–9.
11 BOSHD 1901, 45. The Boston compulsory vaccination order is quoted in full in Defendant’s Exceptions, Commonwealth v. Mugford, 1902, Massachusetts Reports Papers and Briefs, vol. 183, 1, SLL (hereafter “Mugford Exceptions”).
12 “Fifteen Days in Jail,” BG, Feb. 21, 1902, 5. “Mugford Exceptions,” 3. “To East Boston,” BG, Jan. 27, 1902, 1. “Mugford Will Appeal,” ibid., Mar. 2, 1902, 2. Twelfth Census of the United States (1900): Schedule No. 1—Population: Boston, Massachusetts., Enumeration Dist. No. 1162.
13 Cambridge Vaccination Order in “Jacobson USSC Transcript,” 10. “Compulsory Vaccination,” CC, Mar. 8, 1902, 5. “Smallpox History.” CAMBOH 1902, 8.
14 “Those Who Favor Anti-Compulsory Vaccination Are Not Idle—Organization Being Formed,” CC, Apr. 5, 1902, 12.
15 “Smallpox Scourge.” According to the Cambridge Board of Health, the family had moved to Cambridge from Boston some time after Cambridge’s wholesale vaccination campaign in March. “Smallpox Fully Under Control,” CC, Jun. 28, 1902, 4.
16 Ibid. “The Cambridge Smallpox Epidemic,” MN, Jun. 28, 1902, 1230.
17 “Smallpox Fully Under Control.”
18 Harlan in Jacobson v. Massachusetts, 197 U.S. 11, 30–31 (1905).
19 “In the Brickyards,” CC, Aug. 2, 1902, 5. “Another Smallpox Case,” ibid., Sept. 20, 1902, 6. “Small Pox Is Once More Disappearing,” ibid., Jul. 26, 1903, 1.
20 Spencer complaint in “Jacobson USSC Transcript,” 2.
21 “Four Prosecutions by Board of Health,” CC, Jul. 26, 1902, 4. William T. Davis, Bench and Bar of the Commonwealth of Massachusetts (Boston: The Boston History Company, 1895), vol. 1, 377. On American inferior courts, see Willrich, City of Courts, 3–58.
22 Biographical details on the defendants drawn from Twelfth Census of the United States (1900): Schedule 1—Population: Cambridge, Massachusetts, Enumeration District 698 (Cone); District 731 (the Goulds); District 727 (Morse); and District 723 (Pear).
23 “Anti-Vaccinationists Must Go into Court,” CC, Jul. 19, 1902, 1. “Won’t Submit,” BG, Jul. 18, 1902, 12. “Fined Them $5 Each,” ibid., Jul 24, 1902, 12. The Globe erroneously reported Pear’s age as thirty-three. “Cambridge’s Electric Plant,” Boston Globe, Nov. 20, 1895, 7. Pear also told the press that an aunt of his had been an invalid for much of her life, a condition he attributed to vaccination.
24 “Four Prosecutions.”
25 Ibid. “Won’t Submit.” Davis, Bench and Bar, vol. 1, 280.
26 Brief published in full in William F. Davis, Christian Liberties in Boston: A Sketch of Recent Attempts to Destroy Them Through the Device of a Gag-By-Law for Gospel Preachers (Chelsea, MA: W. Kellaway, 1887); quotation, 48–49. Commonwealth v. Davis, 162 Mass. 510, 511 (1895). “Against Rev. W. F. Davis,” BG, Jan. 2, 1895, 4. “Man with a Conscience,” ibid., Jul. 29, 1894, 32. On Holmes and rights, see Louis Menand, The Metaphysical Club: A Story of Ideas in America (New York: Farrar, Straus and Giroux, 2001), esp. 422.
27 “Four Prosecutions.”
28 Ibid.
29 “Fined Them $5 Each.”
30 On the Pear case as a test case supported by the Massachusetts Anti-Compulsory Vaccination Society, see “Vaccination Test Case,” BG, Nov. 13, 1902, 4; “Stands by Albert M. Pear,” ibid., Dec. 2, 1902, 4; “The Vaccination Question,” ibid., Nov. 15, 1902, 2; “Test Vaccination Case,” CC, Nov.