Notes

ABBREVIATIONS USED IN NOTES

Archival Collections

Published Government Documents

Frequently Cited Journals

Frequently Cited Newspapers

PROLOGUE

1 U.S. Census Bureau, Twelfth Census of the United States (1900), Schedule 1—Population, Manhattan, New York, New York, District 461. Note: all enumeration district-level census data cited in the notes to follow was retrieved using the U.S. Federal Census Collection in the online database Ancestry Library Edition, ancestry.com (Provo, UT). “Smallpox on West Side,” NYT, Nov. 30, 1900, 2. Robert W. DeForest and Lawrence Veiller, eds., The Tenement House Problem: Including the Report of the New York State Tenement House Commission of 1900 (New York: MacMillan, 1903), 53.

2 “Jumped Through a Window,” NYT, Nov. 29, 1900, 4. “West Side Robberies,” NYT, Nov. 29, 1900, 5. “Chinaman Whips a Gang,” NYT, Dec. 6, 1900, 2.

3 “Smallpox in Manhattan,” NYT, Nov. 28, 1900, 3. “Chemists Report on Water,” NYT, Nov. 29, 1900, 5. For a concise contemporary description of the pathology of smallpox, see U.S. Treasury Department, Public Health and Marine-Hospital Service, Handbook for the Ship’s Medicine Chest, by George W. Stoner, M.D., 2d ed. (Washington: Government Printing Office, 1904), 21–24.

4 “Smallpox in Manhattan.”

5 Ibid. On the New York City Health Department, see John Duffy, A History of Public Health in New York City, 1866–1966 (New York: Russell Sage Foundation, 1974); Evelynn Maxine Hammonds, Childhood’s Deadly Scourge: The Campaign to Control Diphtheria in New York City, 1880–1930 (Baltimore: The Johns Hopkins University Press, 1999).

6 “Smallpox on West Side.” “Columbia Beat Indians,” NYT, Nov. 30, 1900, 8. “Thanksgiving Day Cheer,” NYT, Nov. 30, 1900, 3.

7 D. H. Bergey, The Principles of Hygiene: A Practical Manual for Students, Physicians, and Health-Officers (Philadelphia: W. B Saunders, 1904), 374. George Henry Fox, A Practical Treatise on Smallpox (Philadelphia: J. B. Lippincott Company, 1902), 26–31. Dr. Fox was the consulting dermatologist to the New York City Health Department.

8 “Smallpox on West Side.” “Fighting the Smallpox,” NYT, Dec. 1, 1900, 16.

9 William Welch and Jay F. Schamberg, Acute Contagious Diseases (Philadelphia: Lea Brothers & Co., 1905), 160. For the state-of-the-art scientific knowledge about smallpox, as it existed in the United States circa 1900, see Surgeon General Walter Wyman’s “Précis Upon the Diagnosis and Treatment of Smallpox,” PHR, 14 (Jan. 6, 1899), 37–49. The authoritative modern treatise on the subject is F. Fenner et al., Smallpox and Its Eradication (Geneva: World Health Organization, 1988). See also Ian Glynn and Jenifer Glynn, The Life and Death of Smallpox (New York: Cambridge University Press, 2004); D. A. Henderson, Smallpox: The Death of a Disease (Amherst, NY: Prometheus Books, 2009), esp. 34.

10 “Fighting the Smallpox.”

11 On the germ theory and its reception in the United States, see Nancy Tomes, The Gospel of Germs: Men, Women, and the Microbe in American Life (Cambridge, MA: Harvard University Press, 1998).

12 “The Spread of Small-pox by Tramps,” Lancet, Feb. 13, 1904, 446–47. See also “Smallpox and Tramps,” JAMA, 22 (1894): 635.

13 “Smallpox on West Side.” “Fighting the Smallpox.” “Smallpox up the State,” NYT, Jan. 4, 1901, 3. “New York,” PHR, 16 (Feb. 8, 1901): 238–39. See W. Michael Byrd and Linda A. Cayton, An American Health Dilemma: A Medical History of African Americans and the Problem of Race, 2 vols. (New York: Routledge, 2000, 2002).

14 “Fighting the Smallpox.” “Race Riot on West Side,” NYT, Aug. 16, 1900, 1.

15 “Forty Smallpox Cases,” NYT, Dec. 5, 1900, 5; “Smallpox Case in Hoboken,” NYT, Dec. 3, 1900, 5. “The Smallpox Epidemic,” NYT, Dec. 4, 1900, 8.

16 “Fighting the Smallpox.” “Two New Smallpox Cases,” NYT, Dec. 7, 1900, 2. “Smallpox Still Spreading,” NYT, Dec. 15, 1900, 6.

17 “Smallpox Epidemic.”

18 “Smallpox Epidemic.” “Topics of the Times,” NYT, Dec. 12, 1900, 8. See Michael Willrich, City of Courts: Socializing Justice in Progressive Era Chicago (New York: Cambridge University Press, 2003).

19 NOBOH 1900–01, 23. PBOH 1902, 38. Michael R. Albert et al., “The Last Smallpox Epidemic in Boston and the Vaccination Controversy, 1901–1903,” NEJM, 344 (1901), 375. NYCBOH 1901, 7–9, 56. NYCBOH 1902, 8–9. NYCBOH 1903, 8, 238. See James Nevins Hyde, “The Late Epidemic of Smallpox in the United States,” PSM, 59 (Oct. 1901): 557–67; and Charles Fletcher Scott, “The Fight Against Smallpox,” Ainslee’s Magazine, July 1902, 540–45.

20 USSGPHMHS 1898, 598. USSGPHMHS 1901, 15. USSGPHMHS 1903, 72. USSGPHMHS 1904, 19. The Service fiscal year ran from July 1 to June 30. On underreporting, see USSGPHMHS 1899, 755–56; USSGPHMHS 1910, 189. “Echoes and News,” MN, Sept. 21, 1901, 470. “The number of cases notified each year represents at most 20% of those that actually occurred; many patients did not see a physician and many others who did were not reported as having smallpox.” Fenner et al., Smallpox and Its Eradication, 329. From my own research, I judge Fenner’s 20 percent figure to be very conservative.

21 USSGPHMHS 1903, 72. USCB 1900, Vol. 4—Vital Statistics Part II, Statistics of Death, 228.

22 Welch and Schamberg, Acute Contagious Diseases, 207–8. Charles V. Chapin, “Variation in Type of Infectious Disease as Shown by the History of Smallpox in the United States, 1895–1912,” Journal of Infectious Diseases, 13 (1913), 194.

23 Pamela Sankar et al., “Public Mistrust: The Unrecognized Risk of the CDC Smallpox Vaccination Program,” American Journal of Bioethics, 3 (2003), esp. W22. Edward A. Belongia and Allison Naleway, “Smallpox Vaccine: The Good, the Bad, and the Ugly,” Clinical Medicine and Research, 1 (2003): 87–92. Vincent A. Fulginiti et al., “Smallpox Vaccination: A Review, Part II. Adverse Effects,” Clinical Infectious Diseases, 37 (2003): 251–71. Welch and Schamberg, Acute Contagious Diseases, 58–83.

24 The literature on American antivaccinationism is growing, and it is no longer easy to dismiss the movement, as John Duffy once did, as “filled with cranks, extremists, and charlatans.” History of Public Health in New York City, 152. See, esp., James Colgrove, “‘Science in a Democracy’: The Contested Status of Vaccination in the Progressive Era and the 1920s,” Isis, 96 (2005): 167–91; idem, State of Immunity: The Politics of Vaccination in Twentieth-Century America (Berkeley: University of California Press, 2006); Nadav Davidovitch, “Negotiating Dissent: Homeopathy and Antivaccinationism at the Turn of the Twentieth Century,” in The Politics of Healing: Histories of Alternative Medicine in Twentieth-Century North America, ed. Robert D. Johnston (New York: Routledge, 2004), 11–28; Robert D. Johnston, The Radical Middle Class: Populist Democracy and the Question of Capitalism in Progressive Era Portland, Oregon (Princeton: Princeton University Press, 2003), 177–220; idem, “Contemporary Anti-Vaccination Movements in Historical Perspective,” in Johnston, ed., Politics of Healing, 259–86. Martin Kaufman, “The American AntiVaccinationists and Their Arguments,” BHM, 50 (1976): 553–68; Judith Walzer Leavitt, The Healthiest City: Milwaukee and the Politics of Health Reform (Princeton: Princeton University Press, 1982), 76–121. On England, see Nadja Durbach, Bodily Matters: The Anti-Vaccination Movement in England, 1853–1907 (Durham: Duke University Press Books, 2005). For an overview, see Arthur Allen, Vaccine: The Controversial Story of Medicine’s Greatest Lifesaver (New York: W. W. Norton, 2007).

25 Chapin, “Variation in Type,” 194.

26 “The Vaccination Question and the Purity of Vaccine,” Therapeutic Gazette, 26 (1902): 98–99.

27 For an excellent revision of the conventional periodization of free speech, see David M. Rabban, Free Speech in Its Forgotten Years (New York: Cambridge University Press, 1997). Holmes to Hand, June 24, 1918, in Gerald Gunther, “Learned Hand and the Origins of Modern First Amendment Doctrine: Some Fragments of History,” Stanford Law Review, 27 (1975), Appendix, 757.

28 Michael Willrich, “‘The Least Vaccinated of Any Civilized Country’: Personal Liberty and Public Health in the Progressive Era,” Journal of Policy History, 20 (2008): 76–93.

ONE: BEGINNINGS

1 Henry F. Long, “Smallpox in Iredell County,” NCBOH 1897–98, 208.

2 U.S. Census Bureau, Twelfth Census of the United States (1900): Schedule No. 1—Population, Iredell County, North Carolina. “Dr. John F. Long Dead,” CO, Apr. 29, 1899, 4. Federal Writers’ Project, North Carolina: A Guide to the Old North State (Chapel Hill: University of North Carolina Press, 1939), 71–78, 401–7. Hugh Talmage Lefler and Albert Ray Newsome, North Carolina: The History of a Southern State (Chapel Hill: University of North Carolina Press, 1954), 481–83.

3 Long, “Smallpox in Iredell County,” 214. My account of Harvey Perkins’s case also draws upon “From Bulletin, February 1898,” in NCBOH 1897–98, 82–85; C. P. Wertenbaker, “Smallpox at Statesville, N.C.,” PHR, 13 (Jun. 24, 1898), 634–35; and “Harvey Perkins Dead,” CO, Feb. 22, 1898, 6.

4 Long, “Smallpox in Iredell County,” 208.

5 USSGPHMHS 1898, 627, 598–99. “Warning Against Smallpox,” Mar. 25, 1898, in KBOH 1898–99, 23. C.P. Wertenbaker, “Investigation of Smallpox at Columbia and Sumter, S.C.,” PHR, 13 (May 13, 1898), 470. See “From Bulletin, February 1898,” in NCBOH 1897–98, 82; “Smallpox in the United States as Reported to the Supervising Surgeon-General United States Marine-Hospital Service, December 29, 1896, to December 31, 1897,” PHR, 12 (Dec. 31, 1897), 1421–22; C.P. Wertenbaker, “Smallpox at Middleborough, Ky.,” PHR, 13 (Mar. 25, 1898), 273–74. See also W. Michael Byrd and Linda A. Clayton, An American Health Dilemma, Vol. 1: A Medical History of African Americans and the Problem of Race: Beginnings to 1900 (New York: Routledge, 2000), 322–414.

6 “From Bulletin, January 1898,” NCBOH 1897–98, 80. “From Bulletin, February 1898,” ibid., 84. C.P. Wertenbaker, “One Case of Smallpox in Wilmington, N.C.,” PHR, 13 (Jan. 14, 1898), 25. C.P. Wertenbaker, “Investigation of Smallpox at Charlotte, N.C.,” PHR, 13 (Feb. 18, 1898), 140–41.

7 C.P. Wertenbaker’s transmission to Mayor E. B. Springs is published in “From Bulletin, February 1898,” 84.

8 Ibid., 84. “Harvey Perkins Dead.”

9 “From Bulletin, February 1898,” 85.

10 Long, “Smallpox in Iredell County,” 210. Lewis, “Annual Report of the Secretary,” 28. C.P. Wertenbaker, “Smallpox at Statesville, N.C.,” 634–35.

11 Long, “Smallpox in Iredell County,” 216.

12 Dr. H. Y. Webb, “Smallpox in Greene County,” ABOH 1883–84, 129.

13 At the turn of the century, public health reports in many places had yet to adopt a standardized, bureaucratic format. The biennial reports issued by the Kentucky and North Carolina boards of health, for example, as well as the weekly Public Health Reportspublished by the U.S. Marine-Hospital Service, consisted chiefly of letters and telegraphic transmissions from local health authorities, who leavened their smallpox dispatches with a wealth of local social and political detail. On the dramaturgic character of epidemics as social events, see Charles E. Rosenberg, “What Is an Epidemic? AIDS in Historical Perspective,” in Explaining Epidemics and Other Studies in the History of Medicine (New York: Cambridge University Press, 1992), 278–92.

14 KBOH 1898–99, 61, 81, 133, 92. PHR, 14 (Mar. 3, 1899), 278. PHR, 13 (Jul. 29, 1898), 781. “Vigorous Measures Have Been Adopted,” The State (Columbia, SC), Apr. 5, 1898, 2.

15 James Nevins Hyde, “The Late Epidemic of Smallpox in the United States,” PSM, 59 (Oct. 1901), 557–67, esp. 557.

16 H. F. Long, “Report of the State Small-Pox Inspector,” NCBOH 1899–1900, 29.

17 “Thou shalt not be afraid for the terror by night; nor for the arrow that flieth by day; Nor for the pestilence that walketh in darkness; nor for the destruction that wasteth at noonday.”—King James Bible, Psalm 91:5–6. This psalm was quoted, albeit inaccurately, in the most important vaccination decision handed down by the North Carolina Supreme Court. In the majority opinion, Justice Clark insisted upon the right of the community to protect itself against “the deadly pestilence that walketh by noonday.” State v. W. E. Hay, 126 N.C. 999, 1001 (1900).

18 KBOH 1896–97, 46–47. KBOH 1898–99, 30.

19 Col. A. W. Shaffer, “Small-pox and Vaccination for Plain People. By One of Them,” NCBOH 1897–98, 173.

20 F. Fenner et al., Smallpox and Its Eradication, (Geneva, 1988), 217–44, esp. 210, 217. Sergei N. Shchelkunov, “How Long Ago Did Smallpox Virus Emerge?” Archives of Virology, 154 (2009): 1865–71. See also Ian Glynn and Jenifer Glynn, The Life and Death of Smallpox, 6–54, esp. 4; and Donald R. Hopkins, Princes and Peasants: Smallpox in History (Chicago: University of Chicago Press, 1983).

21 By “natural” host range, I mean outside the laboratory. See S. S. Kalter et al., “Experimental Smallpox in Chimpanzees,” Bulletin of the World Health Organization, 57 (1979): 637–41. For a useful overview of the virology of variola and the other orthopoxviruses, see Fenner et al., Small-pox and Its Eradication, 69–119.

22 See C.-E. A. Winslow, “Communicable Diseases, Control Of,” in Encyclopaedia of the Social Sciences , ed. Edwin R. Seligman (New York: MacMillan, 1937), vol. 3: 66–78. The death toll figure is from Richard Preston, “The Demon in the Freezer,” New Yorker, July 12, 1999, 47. See also Preston’s Foreword to D. A. Henderson, Smallpox: The Death of a Disease (Amherst, NY: Prometheus Books, 2009), 12.

23 U.S. Treasury Department, Public Health and Marine-Hospital Service, Handbook for the Ship’s Medicine Chest, by George W. Stoner, M.D., 2d ed., 21. See also Fenner et al., Smallpox and Its Eradication, 117.

24 Macaulay quoted in Hopkins, Princes and Peasants, 38. Glynn and Glynn, Life and Death of Small-pox , 1, 4. Fenner et al., Smallpox and Its Eradication, 169–208.

25 Jennifer Lee Carrell, The Speckled Monster: A Historical Tale of Battling Smallpox (New York: Dutton, 2003). Fenner et al., Smallpox and Its Eradication, 224, 229. Henderson, Smallpox, 40–43. Mary Beth Norton et al., A People and a Nation: A History of the United States, 6th ed. (Boston: Houghton Mifflin, 2001), 26. See Alfred W. Crosby, The Columbian Exchange: Biological and Cultural Consequences of 1492 (Westport, CT: Greenwood, 1972). For a compelling reconsideration of the “virgin soil” theory, see David S. Jones, “Virgin Soils Revisited,” William and Mary Quarterly, 60 (2003): 703–42.

26 Fenner et al., Smallpox and Its Eradication, 224.

27 “Précis upon the Diagnosis and Treatment of Smallpox,” PHR, 14 (Jan. 6, 1899), 37–49. Hopkins, Princes and Peasants, 13. Preston, “Demon in the Freezer,” 48.

28 Fenner et al., Smallpox and Its Eradication, 71.

29 “Smallpox in the United States as Reported to the Supervising Surgeon-General United States Marine-Hospital Service, January 1 to December 30, 1898,” PHR (Dec. 30, 1898), 1559–62.

30 “Précis.” The following description of the clinical course of smallpox relies heavily on the exhaustive research compiled by a team of World Health Organization scientists in Fenner et al., Small-pox and Its Eradication, esp. chs. 1 and 3. Running more than 1,400 pages, the tome is often referred to as “The Big Red Book of Smallpox.” It is by far the single most comprehensive source on the science of smallpox and vaccination. For a more concise medical discussion of the pathology of smallpox, see Hopkins, Princes and Peasants, 3–9. Like Frank Fenner and his coauthors, Dr. Hopkins, a physician and epidemiologist, worked in the WHO smallpox eradication program.

31 “Précis,” 38.

32 “Smallpox Rumor,” CO, Feb. 26, 1898, 6. Fenner et al., Smallpox and Its Eradication, 266, 45. Hopkins, Princes and Peasants, 3.

33 “Précis,” 38. Fenner et al., Smallpox and Its Eradication, 5, 44, 167. See also Michael R. Albert et al., “Smallpox Manifestations and Survival during the Boston Epidemic of 1901 to 1903,” AIM, 137 (Dec. 17, 2002): 993–1000, esp. 993.

34 “Précis,” 38. See also Fenner et al., Smallpox and Its Eradication, 6; Michael Kelly, “Small-Pox: Its Medical Treatment,” MC, Jan. 1, 1902, 171.

35 Long, “Smallpox in Iredell County,” 214. Hopkins, Princes and Peasants, 277–81, esp. 277.

36 J. C. Wilson, Fever-Nursing, 2d ed. (Philadelphia: J. B. Lippincott Company, 1895), 165. Fenner et al., Smallpox and Its Eradication, 19, 189.

37 On the names of smallpox, see Fenner et al., Smallpox and Its Eradication, 229; Preston, “Demon in the Freezer,” 44.

38 “Précis,” 38–39. Preston, “Demon in the Freezer,” 47. Fenner et al., Smallpox and Its Eradication, 19, 21, 56, 130. See also Stoner, Handbook for the Ship’s Medicine Chest, 21.

39 “Précis,” 37, 38.

40 Long, “Smallpox in Iredell County,” 216.

41 Stoner, Handbook for the Ship’s Medicine Chest, 21, 22. “Précis,” 39. Long, “Smallpox in Iredell County,” 215–16. Fenner et al., Smallpox and Its Eradication, 19, 22.

42 Long, “Smallpox in Iredell County,” 217. “Report of Dr. Llewellyn Eliot, M.D.,” July 1, 1895, in Annual Report of the Commissioners of the District of Columbia For the Year Ended June 30, 1895, Serial Set Vol. No. 3391, Session Vol. No. 24, 54th U.S. Congress, H.R. Doc. 7, p. 1296. Fenner et al., Smallpox and Its Eradication, 68.

43 Fenner et al., Smallpox and Its Eradication, 50–54.

44 “Supply of Coffins Is Short,” AC, Mar. 8, 1900, 8. See “Guarding Public Health,” ibid., Mar. 23, 1901, 3; “Will Not Ask for Increase,” ibid., Dec. 11, 1901, 4.

45 “Précis,” 39. Fenner et al., Smallpox and Its Eradication, 22, 139, 167.

46 “Précis,” 38–39. Fenner et al., Smallpox and Its Eradication, 32, 4, 167. Preston, “Demon in the Freezer,” 50. See also Stoner, Handbook for the Ship’s Medicine Chest, 22.

47 WTC. The image of the scarred man is #1500, titled “Small Pox (after recovery).”

48 See, for example, the display advertisement for the John H. Woodbury Dermatological Institute in New York City, NYT, Jan. 26, 1908, 6; and “Woman Choked to Death,” ibid., Jul. 15, 1910, 7. See also “Sheriff’s Department,” Houston Post, Feb. 15, 1897, 6; “Priest’s Murder Was Incited by a Rare Jewel,” NYEW, May 27, 1907, 2.

49 See generally John Duffy, The Sanitarians: A History of American Public Health (Urbana and Chicago: University of Illinois Press, 1990); idem, From Humors to Medical Science: A History of American Medicine, 2d ed. (Urbana and Chicago: University of Illinois Press, 1993); Gerald Grob, The Deadly Truth: A History of Disease in America (Cambridge, MA: Harvard University Press, 2002). Nancy Tomes, The Gospel of Germs: Men, Women, and the Microbe in American Life (Cambridge, MA: Harvard University Press, 1998). For a concise overview, see C.-E. A. Winslow, “Public Health,” in Encyclopaedia of the Social Sciences, ed. Edwin R. A. Seligman, vol. 11, 646–57. The best introduction to the legal aspects of public health administration in the early twentieth century is James A. Tobey, Public Health Law: A Manual of Law for Sanitarians (Baltimore: The Williams & Wilkins Co., 1926).

50 Fenner et al., Smallpox and Its Eradication, 146.

51 Elizabeth A. Fenn, Pox Americana: The Great Smallpox Epidemic of 1775–82 (New York: Hill and Wang, 2001). Fenner et al., Smallpox and Its Eradication, 217, 245–58. Hopkins, Princes and Peasants , 249–53.

52 Fenner et al., Smallpox and Its Eradication, 258–73.

53 James Gillray, “The Cow Pock—or—the Wonderful Effects of the New Inoculation!” The cartoon appeared in Vide—The Publications of the Anti-Vaccine Society, June 12, 1802. It is now held in the National Library of Medicine Collection, and may be viewed in vivid color at http://www.nlm.nih.gov/hmd/frankenstein/frank_promise.html, accessed November 9, 2006. For a fascinating discussion of the cultural context, see Tim Fulford and Debbie Lee, “The Jenneration of Disease: Vaccination, Romanticism, and Revolution,” Studies in Romanticism, 39 (2000): 139–64.

54 “Précis,” 42.

55 “Précis,” 39–40, esp. 40. Fenner et al., Smallpox and Its Eradication, 27, 65.

56 Peter Baldwin, Contagion and the State in Europe, 1830–1930 (Cambridge: Cambridge University Press, 1999), 244–354. See also Fenner et al., Smallpox and Its Eradication, 258–76.

57 See generally Tobey, Public Health Law.

58 According to the “Précis,” “The French army numbered 23,000 deaths by it [smallpox], while the German army had only 278.” “Précis,” 43. I am using the numbers here from Fenner et al., Small-pox and Its Eradication, 232, assuming them to be more accurate.

59 “Précis,” 43. USSGPHMHS 1898, 630.

60 For phony certificates, see “Vaccination Certificate Frauds,” NYT, May 9, 1904, 8. For evidence of families taking care of their own (and then being discovered by the authorities), see “Smallpox Nest in Brooklyn,” ibid., Mar. 20, 1901, 2; “Defies the Health Board” (Harrison, NJ), ibid., Jul. 27, 1901, 2; “Fight for a Sick Child” (Newark, NJ), ibid., Nov. 12, 1901, 3. For escapes from quarantines or pesthouses, see “‘Mother’ Jones Arrested” (in a Utah mining camp), ibid., Apr. 27, 1904, 3. For resistance to vaccination in other U.S. settings, see “Miners Resist Vaccination” (Lead, SD), ibid., Apr. 25, 1902, 1; “Object to Vaccination” (African American railway workers on the Western Maryland Improvement), WP, May 3, 1901, 9. For Filipino resistance to U.S. compulsory vaccination in the Philippines, see “Manila Is Healthful,” NYT, Aug. 19, 1903, 8. Note these are just a few examples, and they are taken only from the first few years of the twentieth century. I also have collected many examples from the 1890s and further into the decades of the 1900s and 1910s.

61 “Smallpox and Vaccination,” BMJ, 40 (Feb. 1901), 525.

62 See for example C. P. Wertenbaker, “Investigation of Smallpox at Columbia and Sumter, S.C.,” PHR, 13 (May 13, 1898), 468–70.

TWO: THE MILD TYPE

1 G. M. Magruder, “Passed Assistant Surgeon Magruder’s Report on Smallpox at Little Rock, Ark.,” PHR, 13 (May 6, 1898), 437. See Louis Leroy, Smallpox: Its Diagnosis, Treatment, Restriction and Prevention, with a Few Remarks upon the Present Epidemic, issued by the Tennessee State Board of Health (Nashville: Tennessee State Board of Health, 1900).

2 See Charles V. Chapin, “Variation in Type of Infectious Disease as Shown by the History of Small-pox in the United States 1895–1912,” Journal of Infectious Diseases, 13 (1913), 171–96, esp. 173; Charles V. Chapin and Joseph Smith, “Permanency of the Mild Type of Smallpox,” Journal of Preventive Medicine, 6 (1932): 273–320.

3 C. P. Wertenbaker, “Plan of Organization for the Suppression of Smallpox,” p. 62, typescript in CPWL, vol. 6.

4 On public health administration in the southern United States, see Francis R. Allen, “Development of the Public Health Movement in the Southeast,” Social Forces, 22 (1943): 67–75. On the lack of administrative systems for tracking disease and vital statistics in the states, especially in the South, see USSGPHMHS 1910, 189; USSGPHMHS 1911, 241; U.S. Census Bureau, A Discussion of the Vital Statistics of the Twelfth Census, by Dr. John Shaw Billings (Washington, 1904), esp. 7–8; and Chapin, “Variation in Type,” 171–72.

5 “Warning Against Small-Pox,” Feb. 15, 1898, KBOH 1898–99, 22. See Chapin, “Variation in Type,” 173, 174; G. M. Magruder, “Work of the Service in Suppressing Smallpox in Alabama,” PHR, 13 (Mar. 18, 1898), 246–51; KBOH 1900–01, 17; NCBOH 1903–04, 13; USSGPHMHS 1898, 598–99.

6 Richard H. Lewis, “Annual Report of the Secretary of the North Carolina Board of Health, 1898–99,” in NCBOH 1899–1900, 23. See, e.g., C.P. Wertenbaker, “The Smallpox Outbreak in Bristol, Va.-Tenn.,” PHR, 14 (Nov.3, 1899), 1890; “Value of Vaccination,” PHR, 14 (Feb. 10, 1899), 180.

7 LBOH 1898–99, 55, 129. NOBOH 1900–01, 23–24. “Guarding Public Health,” AC, Mar. 23, 1901, 3. As late as 1909, Surgeon General Wyman said no one could predict “whether” the mild type of smallpox would “change to the more usual fatal form.” USSGPHMHS 1909, 201.

8 Chapin, “Variation in Type,” 196. In 1932, Chapin and his coauthor Joseph Smith published another major scientific article on the subject; Chapin and Smith, “Permanency of the Mild Type,” esp. 319, emphasis added. The authors observed: “The statement should rather be, that it [mild type smallpox] has for the most part bred true, for it is not intended to prejudge the question whether it ever reverts to the classical type. That it does not revert is the belief of practically all American epidemiologists who have had experience with this disease.” Ibid., 276. See Fenner et al., Smallpox and Its Eradication, 96.

9 Fenner et al., Smallpox and Its Eradication, 3, 96–103, 329–32. K. R. Dumbell and Farida Huq, “The Virology of Variola Minor Correlation of Laboratory Tests with the Geographic Distribution and Human Virulence of Variola Isolates,” American Journal of Epidemiology, 123 (1986): 403–15.

10 Fenner et al., Smallpox and Its Eradication, 3.

11 Chapin, “Variation in Type.” 171–96. Charles and Smith, “Permanency of the Mild Type.” Fenner et al., Smallpox and Its Eradication, 3, 96–103, 329–32. J. Pickford Marsden, “Variola Minor: A Personal Analysis of 13,686 Cases,” Bulletin of Hygiene, 23 (1948): 735–46.

12 The phrase “creative destruction” comes, of course, from Joseph A. Schumpeter, Capitalism, Socialism and Democracy (New York: Harper and Brothers, 1942).

13 On the fascinating history of Middlesboro, see Harry M. Caudill, Theirs Be the Power: The Moguls of Eastern Kentucky (Urbana: University of Illinois Press, 1983), 16–35; John Gaventa, Power and Powerlessness: Quiescence and Rebellion in an Appalachian Valley (Urbana: University of Illinois Press, 1980); Kenneth W. Kuehn et al., eds. Geologic Impacts on the History and Development of Middlesboro, Kentucky (Lexington: Kentucky Society of Professional Geologists, 2003); Ann Dudley Matheny, The Magic City: Footnotes to the History of Middlesborough, Kentucky, and the Yellow Creek Valley (Middlesboro, KY: Bell County Historical Society, 2003).

14 Quoted in Gaventa, Power and Powerlessness, 47. See ibid., 47–83. On British investment in the United States, see Eric Rauchway, Blessed Among Nations: How the World Made America (New York: Hill and Wang, 2006), 42–52, esp. 48.

15 Katie Algeo, “Historical Overview: Settlement History of the Cumberland Gap Region,” in Kuehn et al., eds., Geologic Impacts, 3–8.

16 55th U.S. Congress, 2d Session, H.R. Doc. 10, Annual Report of the Comptroller of the Currency (Washington, 1897), vol. I: 496–97. “Encouraging. Middlesborough Town and Lands Company Has a Meeting in London,” MWH, Dec. 3, 1897, 4. See Algeo, “Historical Overview,” 7–8; Gaventa, Power and Powerlessness, 76–78; Matheny, Magic City, xxii–xxiv, 102–21.

17 “Mingo,” MWH, Nov. 26, 1897, 1. “Furnaces,” ibid., 4. Untitled editorial, MWR, Feb. 24, 1898, 4. See also “Encouraging,” MWH, Dec. 3, 1897, 4. On school enrollments, see “Report of Public School for November,” ibid., Dec. 3, 1897, 1. USCB 1900, Vol. I—Population, Part I (Washington, 1901), 618. U.S. Census Bureau, Twelfth Census of the United States (1900): Schedule No. 1—Population: Bell County, Kentucky, Middlesboro, Enumeration Districts 18 and 19. For a warmer portrait of race relations in Middlesboro, see Matheny, Magic City, 127–32.

18 U.S. Census Bureau, Negroes in the United States (Washington, 1904), 11, 13, 60. Herbert R. Northrup, “The Coal Mines,” in Blacks in Appalachia, ed. William H. Turner and Edward J. Cabbell (Lexington: The University Press of Kentucky, 1985), 159–71. On rural industry in the South, see Jacqueline Jones, The Dispossessed: America’s Underclasses from the Civil War to the Present (New York: Basic Books, 1992), 127–66. On post–Civil War railroad development in Appalachia, see Robert L. Frey, “Railroads,” in Encyclopedia of Appalachia, ed. Rudy Abramson and Jean Haskell (Knoxville: University of Tennessee Press, 2006), 715–17.

19 G. M. Magruder, “Work of the Service in Suppressing Smallpox in Alabama,” PHR, 13 (Mar. 18, 1898), 246. “A Big Scare,” MWR, Nov. 18, 1897, 1. “Unwarranted,” MWH, Nov. 19, 1897, 4.

20 “A Big Scare,” MWR, Nov. 18, 1897, 1.

21 L. L. Robertson, “Bell County Board of Health,” in KBOH 1900–01, 24–25. “Laws, Rules and Regulations,” in KBOH 1898–99, 177–78. “A Big Scare,” MWR, Nov. 18, 1897, 1. “Unwarranted,” MWH, Nov. 19, 1897, 4.

22 “Laws, Rules and Regulations,” in KBOH 1898–99, 173–80, 186. Nelson County Court v. Town of Bardstown, Superior Court of Kentucky (1885) in ibid., 173–76, esp. 176.

23 On the state board’s vaccination estimates, see “The State Board of Health Urges All Kentucky Cities and Towns to Take Prompt Action,” LMH, Feb. 8, 1899, 4. For the Middlesboro estimate, see Matheny, Magic City, 226.

24 “Unwarranted,” MWH, Nov. 19, 1897, 4. Untitled editorial, MWR, Nov. 18, 1897, 4. See also “Smallpox,” LMH, Nov. 17, 1897, 1.

25 “Quarantine Raised,” MWH, Dec. 10, 1897, 4.

26 See “Quarantine Jottings,” MWR, Feb. 17, 1898, 2.

27 “Aunt Mariah ______,” MWR, Feb. 24, 1898, 2. Due to the poor quality of the microfilm, the last part of the headline is illegible.

28 “Chicken-Pox,” MWR, Nov. 26, 1897, 5. “Quarantine Raised,” ibid., Dec. 10, 1897, 4. “Smallpox,” ibid., Feb. 3, 1898, 3. KBOH 1898–99, 21.

29 Tazewell Progress quoted in untitled editorial, MWR, Feb. 10, 1898, 4. “Smallpox,” ibid., Feb. 3, 1898, 3. See Matheny, Magic City, 228.

30 See “Laws, Rules and Regulations,” in KBOH 1898–99, 171–86.

31 Judge Charles Kerr, ed., History of Kentucky (New York: American Historical Society, 1922), vol. 4: 450. John E. Kleber, ed., The Kentucky Encyclopedia (Lexington: The University Press of Kentucky, 1992), 592. The best sources on J. N. McCormack’s ideas and work are the reports of the state board.

32 KBOH 1898–99, 28.

33 J. N. McCormack viewed the quarantine power as “an indispensable weapon” against “counties and towns whose authorities failed or refused to adopt proper precautions against the disease.” KBOH 1900–01, 11. For an example of such a quarantine order (issued against Greenup County in December 1900), see ibid., 12. See also “Small-Pox Up-to-Date,” MWR, Feb. 17, 1898, 2.

34 “Small-Pox Victim Dies,” LMH, Feb. 13, 1898, 8. “Small-Pox Up-to-Date,” MWR, Feb. 17, 1898, 2. “Spreading,” LMH, Feb. 15, 1898, 8. On the Ball brothers, see Matheny, Magic City, 141–54.

35 “Smallpox in Middlesboro,” WP, Feb. 16, 1898, 9. “Small-Pox Up-to-Date,” MWR, Feb. 17, 1898, 2. “Uncle Sam Fumigating,” ibid., Feb. 24, 1898, 1. The advertisements appeared in ibid., Feb. 17, 1898, 1.

36 “Small-Pox: Situation More Grave,” MWR, Mar. 3, 1898, 6. “Laws, Rules and Regulations,” 177.

37 A. T. McCormack’s brief report on the smallpox epidemic at Middlesboro appears in KBOH 1898–99, 47–48.

38 A. T. McCormack’s report.

39 Short, untitled reports of postvaccination illnesses appear in the MWR, Dec. 9, 1897, 3; Feb. 24, 1898, 1; Mar. 10, 1898, 1–2.

40 Untitled editorial, MWR, Mar. 3, 1898, 4. Plessy v. Ferguson, 163 U.S. 537 ( 1896).

41 A. T. McCormack’s report, 47. “Small-Pox: Situation More Grave,” MWR, Mar. 3, 1898, 6.

42 A. T. McCormack’s report, 47–48. C. P. Wertenbaker, “Smallpox at Middlesborough, Ky.,” PHR, 13 (Mar. 25, 1898), 273–74.

43 KBOH 1898–99, 48. Untitled Editorial, MWR, Mar. 10, 1898, 4.

44 Much of the correspondence arising from this episode is reprinted in KBOH 1898–99, 47–61. Fifty-fifth U.S. Congress, Congressional Directory ( Washington, 1897), 52. For an excellent history of federal disaster relief, see Michele Landis Dauber, “The Sympathetic State,” Law and History Review, 23 (2005): 387–442.

45 KBOH 1898–99, 48–49. The emphasis in Colson’s quotation is mine.

46 Walter Wyman to C. P. Wertenbaker, Mar 10, 1898, CPWL, vol. 1.

47 I have formed my impressions of Wertenbaker by reading his personal papers and letter books (collected at the Library of the University of Virginia) and his published dispatches and reports. For an overview of his career, see “Death, Here, of Noted Surgeon,” Daily Progress (Charlottesville, VA), July 13, 1916, 1.

48 Wertenbaker, “Smallpox at Middlesborough,” 273.

49 Ibid., 274. “Death of Dr. A. T. McCormack” (U.S. Children’s Bureau), The Child, 8 (1943), 47.

50 Wertenbaker, “Smallpox at Middlesborough,” 273–74. “Investigating,” LMH, Mar. 15, 1898, 3. “Spreading,” ibid., Mar. 15, 1898, 8. “The Smallpox Situation at Middlesboro,” Grand Forks Herald (North Dakota), Mar. 15, 1898, 8. See also C. P. Wertenbaker, “One Case of Smallpox in Wilmington, N.C.,” PHR, 13 (Jan. 14, 1898), 25; C. P. Wertenbaker, “Investigation of Smallpox at Charlotte, N.C.,” PHR, 13 (Feb. 18, 1898), 140–41.1.

51 Untitled editorial, MWR, Mar. 10, 1898, 4. “Smallpox Situation at Middlesboro.” “Starving in a Pesthouse,” NYT, Mar. 15, 1898, 3. “Seventy Cases of Smallpox,” AC, Mar. 16, 1898, 5. Wertenbaker, “Smallpox at Middlesborough,” 274.

52 “Uncle Sam to the Rescue,” MWR, Mar. 17, 1898, 3. KBOH, 1898–9, 49.

53 A. T. McCormack’s report, 47.

54 Ibid., 49–50.

55 Ibid., 50.

56 Ibid.

57 Ibid.

58 Ibid., 51.

59 Ibid.

60 “Uncle Sam in Charge of the Small-Pox Cases at Middlesboro,” LMH, Mar. 20, 1898, 5.

61 For a useful short history of public health in Jefferson County, see “History,” Jefferson County Department of Health Web site, http://www.jcdh.org/default.asp?ID=10, accessed January 25, 2007. In one of his several irate letters to Walter Wyman regarding the Service takeover at Middlesboro, Secretary J. N. McCormack of the Kentucky Board of Health said, “We hesitated to give you absolute control because of the ineffectual methods adopted by your Service in Alabama, which had permitted the present epidemic in Tennessee and Kentucky.” If this complaint was genuine, McCormack was acting on erroneous information. The arrival of the miner Scott in Middlesboro preceded the Service’s takeover at Birmingham by at least two months. Secretary McCormack to WW, Apr. 9, 1898, published in KBOH 1898–99, 59.

62 “Three New Cases of Smallpox,” AC, Jul. 29, 1897, 3. G. M. Magruder, “Smallpox in Birmingham, Ala.,” PHR, 13 (Jan. 14, 1898), 22–25.

63 G. M. Magruder, “Work of the Service in Suppressing Smallpox in Alabama,” PHR, 13 (Mar. 18, 1898), 246–51. See also “Three New Cases of Smallpox,” AC, Jul. 29, 1897, 3; “Smallpox Scare in Birmingham,” ibid., Aug. 7, 1897, 2; “Prevent Smallpox Spread,” ibid., Aug. 8, 1897, 2; “Why Smallpox Is Not Checked,” ibid., Aug. 9, 1897, 2; “Wyman Sends Surgeons South,” ibid., Jan. 7, 1898, 1; “Pest Prevails in Alabama,” ibid., Jan. 14, 1898, 2.

64 Magruder, “Work of the Service,” esp. 246–47, 250.

65 Ibid., 247–48.

66 Ibid.

67 Ibid., 248–50.

68 Ibid., 250. The white cases equaled 57.5 percent of the total reported cases. The U.S. Census of 1900 found that 45.2 percent of the population of Alabama was black. Negroes in the United States, 20.

69 C. P. Wertenbaker, “Smallpox at Middlesborough, Ky.,—(Continued.),” PHR, 13 (Apr. 1, 1898), 300–303. “Locals,” MWR, Mar. 24, 1898, 1.

70 Wertenbaker, “Smallpox at Middlesborough, Ky.,—(Continued.),” 301. “A Decided Improvement,” MWR, Mar. 24, 1898, 4.

71 Hill Hastings, “Smallpox at Middlesborough, Ky.—(Concluded.),” PHR, 13 (Apr. 22, 1898), 379–81, esp. 379. Wertenbaker, “Smallpox at Middlesborough, Ky.,—(Continued.),” 300. “Decided Improvement.”

72 Wertenbaker, “Smallpox at Middlesborough, Ky.,—(Continued.),” 301–2. Hastings, “Smallpox at Middlesborough,” 380.

73 Hastings, “Smallpox at Middlesborough, Ky.—(Concluded.),” 379–81.

74 KBOH 1898–99, 23–24.

75 Ibid., 23–24, 34–35.

76 Bell County v. Blair, filed May 11, 1899, in KBOH 1898–99, 179–80.

77 Matheny, Magic City, 229. KBOH 1900–01, 18.

78 Surgeon General Walter Wyman, “Principles Governing the Extension of Aid to Local Authorities in the Matter of Smallpox,” in USSGPHMHS 1898, 630. The cash figure is from an untitled item in the MWR, Apr. 14, 1898, 6.

79 Wyman, “Principles,” 630.

THREE: WHEREVER WERTENBAKER WENT

1 Photographs of Wertenbaker in the uniforms of the Warrenton Rifles and the Marine-Hospital Service, as well as various medals for his service in the Virginia Volunteers (state militia), survive in PCPW. C. P. Wertenbaker note, “In the event of my death . . . ,” Dec. 27, 1915, ibid. See U.S. Marine-Hospital Service, Regulations Concerning Uniforms (Washington, 1891).

2 Wertenbaker describes his smallpox inspection suit in “Plan of Organization for the Suppression of Smallpox,” draft, CPWL, vol. 6.

3 On the geographical mobility of southern laborers, particularly in the rural nonagricultural sector, see Jacqueline Jones, The Dispossessed: America’s Underclasses from the Civil War to the Present (New York, 1992), 127–66.

4 James A. Tobey, Public Health Law, 1. On the Service, see Laurence F. Schmeckebier, The Public Health Service: Its History, Activities, and Organization (Baltimore: Johns Hopkins Press, 1923); Robert Straus, Medical Care for Seamen: The Origin of Public Medical Services in the United States (New Haven: Yale University Press, 1950). Ralph Chester Williams, The United States Public Health Service, 1798–1950 (Washington: Whittet E. Shepperson, 1951). See also John Duffy, The Sanitarians, 157–74, 239–55; Alan M. Kraut, Silent Travelers: Germs, Genes, and the “Immigrant Menace” (Baltimore: The Johns Hopkins University Press, 1994).

5 In addition to running its 22 hospitals and 107 relief stations for the nation’s merchant marine, manning immigrant inspection stations, and advising southern communities as they fought smallpox, the Service was occupied with an outbreak of bubonic plague in San Francisco. [Walter Wyman], “Resume of the Operations of the U.S. Marine-Hospital Service,” PHR, 14 (Dec. 22, 1899), 2275–83.

6 “Death, Here, of Noted Surgeon.” “Genealogical Material Re the Wertenbaker and Related Families,” PCPW. Historical Data Systems, comp., American Civil War Soldiers (Provo, UT: Generations Network, 1999).

7 U.S. Census Bureau, Ninth Census of the United States (1870): Schedule 1—Population: Fredericksville Parish, Albemarle County, Virginia. U.S. Census Bureau, Tenth Census of the United States (1880): Schedule 1—Population: Charlottesville, Albemarle County, Virginia, Enumeration District 14. “Family Record of Charles Poindexter Wertenbaker,” PCPW. See Gerald N. Grob, The Deadly Truth, 116–19, 142, 192–94.

8 “Death, Here, of Noted Surgeon.”

9 Williams, United States Public Health Service, 508–9. C. P. Wertenbaker, “University of Virginia Alumni in the U.S. Public Health Service and Marine-Hospital Service,” University of Virginia Alumni Bulletin, [no date], 197, CPWL, vol. 2. Among those alums Wertenbaker mentioned by name was George M. Magruder, who headed the smallpox control effort at Birmingham.

10 See generally Williams, United States Public Health Service.

11 Margaret Humphreys, Yellow Fever and the South (New Brunswick, NJ: Rutgers University Press, 1992).

12 USSGPHMHS 1902, 30. Wertenbaker, “University of Virginia Alumni,” 196–97. Williams, United States Public Health Service, 492.

13 Williams, United States Public Health Service, 500.

14 “John William Branham,” eulogy pamphlet dated Aug. 23, 1893; CPWL, vol. 1. See also “John Frederick Groenvelt,” eulogy pamphlet dated Jul. 7, 1891, in ibid., vol. 1. “Dead in the Line of Duty,” WP, Aug. 21, 1893, 1. See also “Death of Acting Asst. Surg. Stuart Eldridge”: “He was a man of fine personal appearance, a cultured physician, and genial gentleman, and the U.S. Marine-Hospital Service has lost an able officer from an important post”; PHR, 16 (Nov. 22, 1901 ), 2709.

15 C. P. Wertenbaker to J. D. Church, New York Life Insurance Co., Aug. 3, 1898, in CPWL, vol. 6.

16 Slaughterhouse Cases, 16 Wall. 36 (1873). Tobey, Public Health Law. See Akhil Reed Amar, The Bill of Rights: Creation and Reconstruction (New Haven: Yale University Press, 1998); William J. Novak, The People’s Welfare: Law and Regulation in Nineteenth-Century America (Chapel Hill: University of North Carolina Press, 1996), 191–248.

17 Florence Kelley, Notes of Sixty Years: The Autobiography of Florence Kelley, ed. Kathryn Kish Sklar (Chicago: Charles H. Kerr, 1986), 88. See Chicago Department of Health, General and Chronological Summary of Vital Statistics (Chicago, 1919), 1446; “Dr. Burson’s Resignation Accepted,” CT, Mar. 1, 1894, 8; R. M. Woodward, “The Cholera Quarantine Conducted by the U.S. Marine-Hospital Service in 1893,” paper read before the Cleveland Medical Society, Nov. 23, 1894, reprint from Western Reserve Medical Journal, January 1895. See also Kathryn Kish Sklar, Florence Kelley and the Nation’s Work: The Rise of Women’s Political Culture, 1830–1900 (New Haven: Yale University Press, 1995), 265–68.

18 C. P. Wertenbaker, “Arrival of Steamship Earnwell at Delaware Breakwater Quarantine with Three Cases of Smallpox,” PHR, 9 (Sept. 4, 1896), 826. See Sir Graham S. Wilson, The Hazards of Immunization (London: Athlone Press, 1967).

19 U.S. Census Bureau, Negroes in the United States (Washington, 1904), 276. Works Progress Administration, Federal Writers’ Project, North Carolina: A Guide to the Old North State, 249. See also, Glenda Elizabeth Gilmore, Gender and Jim Crow: Women and the Politics of White Supremacy in North Carolina, 1896–1920 (Chapel Hill: University of North Carolina Press, 1996), 105–14; Hugh Talmage Lefler and Albert Ray Newsome, North Carolina: The History of a Southern State, 520–22.

20 “The Marine Hospital,” Wilmington Messenger, Jan. 30, 1898, 9. Photos of the Wilmington home and one photo of Alice and Alicia Wertenbaker out for a ride in the station wagon survive in WFP. See “Girardeau—Wertenbaker,” Boston Daily Advertiser, May 2, 1895, 8; “Wertenbaker Rites Slated for Today,” WP, Jan. 24, 1955, 20; Society Section, ibid., Sept. 9, 1917, E9.

21 C. P. Wertenbaker to Frank Gilmer, May 22, 1899, CPWL, vol. 6. C. P. Wertenbaker, “Plan of Organization for Suppression of Smallpox in Communities Not Provided with an Organized Board of Health,” PHR, 14 (Oct. 22, 1899): 1765–80.

22 C. P. Wertenbaker, “One Case of Smallpox in Wilmington, N.C.,” PHR, 13 (Jan. 14, 1898), 25. “Smallpox in Wilmington,” Fayetteville Observer, Jan. 13, 1898, no page.

23 “Smallpox in the City,” WM, Jan. 13, 1898, 1. “A Riot Threatened,” ibid., Jan. 14, 1898, 4. “Map: Residential Patterns by Race, 1897,” in 1898 Wilmington Race Riot Commission, Final Report, May 31, 2006, http://www.history.ncdcr.gov/1898-wrrc/report/maps/residential-patterns-by-race_1897.pdf, accessed October 5, 2009.

24 “A Riot Threatened,” WM, Jan. 14, 1898, 4. “The Smallpox Scare,” ibid., Jan. 15, 1898, 4.

25 “Smallpox in Wilmington.” “Burned the House Down,” CO, Jan. 15, 1898, 1. “Another Case of Smallpox in Wilmington,” BS, Jan. 17, 1898, 7. “Wilmington and the Smallpox,” Fayetteville Observer , Jan. 17, 1898, no page. “Compulsory Vaccination,” RNO, Jan. 18, 1898, no page. “General News of Interest,” Fayetteville Observer, Feb. 8, 1898, no page.

26 “Smallpox in the City.” “Compulsory Vaccination,” WM, Jan. 25, 1898, 1. “Smallpox Petered Out,” ibid., Feb. 1, 1898, 1. “Do You Want to Be Vaccinated?” ibid., Feb. 1, 1898.

27 “Afraid of Vaccination,” WM, Jan. 27, 4.

28 “Compulsory Vaccination,” WM, Jan. 27, 1901, 1. “The Vaccinators Still at Work,” ibid., Jan. 29, 1898, 4.

29 NCBOH 1897–98, 28. “Items of State News,” CO, Jan. 28, 1898, 4.

30 J. W. Babcock to Senator B. R. Tillman, Apr. 20, 1898, in CPWL, vol. 1. C. P. Wertenbaker, “Investigation of Smallpox at Charlotte, N.C.,” PHR, 13 (Feb. 18, 1898), 140–41.

31 Wertenbaker, “Plan of Organization,” 1779.

32 Gibbons v. Ogden, 9 Wheat. 1 (U.S., 1824). State v. W. E. Hay, 126 N.C. 999, 1001. Tobey, Public Health Law. See Michael Les Benedict, “Contagion and the Constitution: Quarantine Agitation from 1859–1866,” JHMAS, 25 (1970), 177–93; and Novak, People’s Welfare, 191–233. KBOH 1898–99, 82–84.

33 C. P. Wertenbaker, “The Smallpox Outbreak in Bristol, Va.-Tenn.,” PHR, 14 (Nov. 3, 1899), 1890. See, e.g., C. P. Wertenbaker, “Report on a Case of Smallpox at Reidsville, N.C.,” PHR, 13 (Jul. 15, 1898), 714–15; C. P. Wertenbaker, “Smallpox in Georgia,” PHR, 14 (Nov. 3, 1899), 1891–92.

34 KBOH 1898–99, 43. NCBOH 1903–04, 15. See, e.g., “Case of Smallpox at Camak,” AC, Mar. 26, 1901, 2; “Wright Crazed by Smallpox,” ibid., Apr. 4, 1901, 2.

35 NCBOH 1897–98, 31, 32. “Will Consider Smallpox,” AC, Mar. 15, 1900, 4; “Lawmakers Show an Ugly Temper,” ibid., May 15, 1901, 3. J. F. Hunter, “Law for Compulsory Vaccination in Mississippi,” PHR, 15 (Mar. 2, 1900), 467. See John G. Richardson, “Variation in Date of Enactment of Compulsory School Attendance Laws: An Empirical Inquiry,” Sociology of Education, 53 (1980), 157.

36 NCBOH 1899–1900, 173. “Smallpox in Nashville, Tenn.—Vaccination Compulsory,” PHR, 15 (Feb. 16, 1900), 325. Wertenbaker, “Plan of Organization,” 1769. On Savannah, see “Kick Against Vaccination,” AC, Mar. 29, 1900, 3.

37 C. P. Wertenbaker, “Report on Inspection of Smallpox at Winston, High Point, and Greensboro, N.C.,” PHR, 15 (Feb. 16, 1900), 324. “Doctors Roughly Treated,” AC, Feb. 15, 1901, 7. W. P. McIntosh, “Smallpox in Girard and Phoenix, Ala., and Columbus, Ga. ,” PHR, 16 (Jan. 11, 1901 ), 47.

38 W. C. Hobdy, “Smallpox in Georgia,” Public Health Reports, 16 (June 7, 1901), 1253.

39 KBOH 1898–99, 130. NCBOH 1899–1900, 21. “Vaccination in Raleigh,” CO, Apr. 19, 1899, 8.

40 See, e.g., Michael Dougherty, “Diary of Michael Dougherty, December 1863,” Prison Diary, of Michael Dougherty, Late Co. B., 13^thPa., Cavalry: While Confined in Pemberton, Barrett’s, Libby, Andersonville and Other Southern Prisons (Bristol, PA: C. A. Dougherty, 1908), 16–17; Oliver Otis Howard to Joseph Hooker, Apr. 19, 1863, in Chronicles from the Nineteenth Century: Family Letters of Blanche Butler and Adelbert Ames . . . , vol. 1, comp. by Blanche Butler Ames (Clinton, MA, privately issued, 1957); Mason Whiting Tyler, “Memoir of Mason Whiting Tyler,” in Recollections of the Civil War: With Many Original Diary Entries and Letters Written from the Seat of War (New York: G. P. Putnam’s Sons, 1912), 47. Donald R. Hopkins, Princes and Peasants,273–82. Jonathan B. Tucker, Scourge: The Once and Future Threat of Smallpox (New York: Atlantic Monthly Press, 2001), 32.

41 Col. A. W. Shaffer, “Small-pox and Vaccination for Plain People. By One of Them,” NCBOH 1897–98, 176.

42 KBOH 1900–01, 79. NCBOH 1899–1900, 13, 21. “The Old, Old Enemy,” DMN, Mar. 9, 1900, 6.

43 C. P. Wertenbaker, “Investigation of Smallpox at Columbia and Sumter, S.C.,” PHR, 13 (May 13, 1898), 470. KBOH 1896–97, 80.

44 KBOH 1902–03, 172. “Precautions Against Smallpox,” Columbus Daily Enquirer (Georgia), Mar. 10, 1899. “Vaccination: Ugly Accidents Arising from the Smallpox Preventive,” DMN, May 14, 1899, 3.

45 Kinyoun in NCBOH 1897–98, 114. NCBOH 1899–1900, 49. Smock in KBOH 1898–99, 149. W. P. McIntosh, Surgeon, MHS, “Smallpox in Houston County, Ga.,” PHR, 15 (Dec. 14, 1900), 3029. KBOH 1900–01, 18.

46 Washington quoted in Finding a Way Out: An Autobiography, by Robert Russa Moton (Garden City, NY: Doubleday, Page & Co., 1921), 182.

47 C. P. Wertenbaker, “Smallpox in Georgia,” PHR, 14 (Nov. 3, 1899), 1891.

48 G. M. Magruder, “Passed Assistant Surgeon Magruder’s Report on Smallpox at Little Rock, Ark.,” PHR, 13 (May 6, 1898), 437. D. S. Humphreys, “Smallpox in Greenwood, Miss.,” PHR, 15 (Mar. 9, 1900), 516. According to the 1900 Census, African Americans constituted one third of the population of North Carolina, and less than one quarter of the population of Tennessee. Census Bureau, Negroes in the United States, 109. See, e.g., “Brunswick and the Smallpox,” AC, Jan. 7, 1900, 4.

49 C. P. Wertenbaker, “Report on the Smallpox Situation in Danville, Va.,” PHR, 14 (Jul. 27, 1899), 1038. KBOH 1898–99, 135, 79. KBOH 1902–03, see photo between 36 and 37.

50 W. F. Brunner, “Report of Smallpox in Montgomery County,” PHR, 14 (Jul. 21, 1899), 1124.

51 C. P. Wertenbaker to Dr. H. L. Sutherland, Chief Health Officer, Bolivar Co., Mississippi, July 30, 1910, CPWL, vol. 5.

52 S. B. Jones, “Fifty Years of Negro Public Health,” Annals of the American Academy of Political and Social Science, 49 (Sept., 1913): 138–46. See Edward H. Beardsley, A History of Neglect: Health Care for Blacks and Mill Workers in the Twentieth-Century South (Knoxville: University of Tennessee Press, 1987), esp. 11–36; W. Michael Byrd and Linda A. Clayton, An American Health Dilemma: Volume 1, idem, An American Health Dilemma: Volume 2: Race, Medicine, and Health Care in the United States 1900–2000 (New York: Routledge, 2000), esp. 80; James H. Jones, Bad Blood: The Tuskegee Syphilis Experiment, expanded ed. (New York: Free Press, 1993), esp. 16–21; Todd L. Savitt, “Black Health on the Plantation: Masters, Slaves, and Physicians,” in Sickness and Health in America: Readings in the History of Medicine and Public Health, ed. Judith Walzer Leavitt and Ronald L. Numbers (Madison: University of Wisconsin Press, 1997), 351–68; Steven M. Stowe, Doctoring the South: Southern Physicians and Everyday Medicine in the Mid-Nineteenth Century (Chapel Hill: University of North Carolina Press, 2004); Werner Troesken, Water, Race, and Disease (Cambridge, MA: MIT Press, 2004).

53 W. E. B. Du Bois, The Philadelphia Negro: A Social Study (1899; reprint ed., New York: Schocken Books, 1967), 147–63, esp. 163. U.S. Census Bureau, A Discussion of the Vital Statistics of the Twelfth Census, by John Shaw Billings (Washington, 1904), 10–11. Byrd and Clayton, American Health Dilemma, Vol. 2, esp. 80.

54 Du Bois, Philadelphia Negro, 162. See Beardsley, History of Neglect, 11–36; Byrd and Clayton, American Health Dilemma, Vol. 1, 355.

55 Jones, “Fifty Years of Negro Public Health,” 142. Beardsley, History of Neglect, 35. See Todd L. Savitt, Race and Medicine in Nineteenth- and Early-Twentieth-Century America (Kent, OH: Kent State University Press, 2007).

56 NCBOH 1897–98, 79, 88. KBOH 1898–99, 79, 139. J. C. Ballard, “Smallpox in Concordia Parish, Louisiana,” PHR, 14 (Nov. 3, 1899), 1893.

57 “Why Smallpox Is Not Checked,” AC, Aug. 9, 1897, 2. C. P. Wertenbaker, “Report on the Investigation of Smallpox in North Carolina and Georgia,” PHR, 15 (Feb. 2, 1900), 216. C. P. Wertenbaker, “Review of Operations in Advisory Capacity in Suppressing Smallpox in Georgia,” PHR, 14 (Nov. 3, 1899), 1844.

58 KBOH 1898–99, 74.

59 Ibid., 139, 140. See Steven Hahn, A Nation Under Our Feet: Black Political Struggles in the Rural South from Slavery to the Great Migration (Cambridge, MA: Belknap Press, 2003), 412–64.

60 “General Vaccination Ordered,” WP, Dec. 20, 1900, 1.

61 KBOH 1898–99, 96.

62 Ibid., 81, 80, 98, 145. NCBOH 1897–98, 35.

63 “Itching Skin Diseases,” WM, advertisement, Jan. 26, 1898, 2. John D. Long, “Report on the Inspection of a Gang of Workmen En Route from Clarksburg, W. Va., through Washington to the South,” PHR, 61 (Jan. 4, 1901), 1–2. See Wertenbaker, “Investigation of Smallpox at Columbia and Sumter,” 468–70.

64 NCBOH 1899–1900, 172.

65 KBOH 1898–99, 29. KBOH 1896–97, 72.

66 C. P. Wertenbaker, “Investigation of Smallpox at Charlotte,” 140–41. Wertenbaker, “Smallpox Situation in Danville, Va.,” 1038. On rumor, see Hahn, Nation Under Our Feet.

67 W. G. Dailey to State Board of Health, Aug. 11, 1898, KBOH 1898–99, 63–64. B. W. Smock in ibid., 104. KBOH 1900–01, 107. NCBOH 1899–1900, 158.

68 USSGPHMHS 1898, 598–99. See, e.g., “Bullitt County,” in KBOH 1898–99, 64–65.

69 Wertenbaker, “Review of Operations . . . Georgia,” 1884.

70 Shirley Everton Johnson, “Conquering a Small-Pox Epidemic in Kentucky,” in KBOH 1898–99, 107–14, esp. 108.

71 Wertenbaker, “Review of Operations . . . Georgia,” 1884.

72 Wertenbaker, “Report on Inspection of Smallpox at Winston, High Point, and Greensboro,” 324.

73 Wertenbaker, “Plan of Organization,” 1779.

74 See, for example, Wertenbaker, “Report on Inspection of Smallpox at Winston, High Point, and Greensboro,” 323–24; Wertenbaker, “Smallpox Situation in Danville, Va.,” 1038. Wertenbaker may have picked up this technique from North Carolina health officials, who in the fall of 1898 had staged a sort of whistle-stop campaign around the state to “preach the propaganda of vaccination.” NCBOH 1899–1900, 13–16.

75 Wertenbaker, “Investigation of Smallpox at Charlotte,” 140–41; Wertenbaker, “Investigation of Smallpox at Columbia and Sumter,” 468–70; Wertenbaker, “Measures to Prevent the Spread of Smallpox in Georgia,” PHR, 14 (Mar. 3, 1899), 273–78. See “Vaccination: Ugly Accidents,” DMN, May 14, 1899, 3. See also W. C. Hobdy, “Report on Smallpox in Wilson, N.C.,” PHR, 17 (Jan. 24, 1902), 164–65.

76 NCBOH 1897–98, 35.

77 Ibid., 39, 37, 113.

78 NCBOH 1899–1900, 156. NCBOH 1897–98, 91.

79 Wertenbaker, “Plan of Organization,” 1779.

80 M. J. Rosenau, “Report on the examination of dried lymph and glycerinized vaccine lymph,” Apr. 2, 1900, CPWL, vol. 1.

81 Wertenbaker, “Smallpox Outbreak in Bristol,” 1891. Henry F. Long, “Smallpox in Iredell County,” in NCBOH 1897–98, 210.

82 Wertenbaker, “Plan of Organization,” 1766, 1770, 1780.

83 Ibid., 1779.

84 C. P. Wertenbaker to Walter Wyman, Feb. 11, 1900, CPWL, vol. 6.

85 C. P. Wertenbaker, Colored Antituberculosis League: Proposed Plan of Organization (Washington: Government Printing Office, 1909). “Death, Here, of Noted Surgeon.” “Oral History Interview with Alicia Wertenbaker Flynn,” July 14, 1976, Library of the University of Virginia, Special Collections.

86 On the history of this beautiful cemetery, see David Mauer, “Set in Stone: The Serenity of U.Va.’s Cemetery Belies a Colorful Past,” University of Virginia Magazine, Spring 2008, 40–44.

FOUR: WAR IS HEALTH

1 Margherita Arlina Hamm, Manila and the Philippines (London: F. Tennyson Neely, 1898), 89–95. The Official Records of the Oregon Volunteers in the Spanish American War and Philippine Insurrection , comp. by Brigadier General C. U. Gantenbein, 2d ed. (Salem, OR: W. H. Leeds 1906), 449–52.

2 J. N. Taylor, “On Pacific Swells,” BG, Oct. 18, 1899, 7. Taylor, “Ready to Sail,” BG, Sept. 21, 1899, 7; “Like Two Worlds,” ibid., Oct. 22, 1899, 9; “Voyage of 26th,” ibid., Nov. 29, 1899, 7. See also “Small-pox Among Troops,” ibid., Sept. 21, 1899, 7; “John N. Taylor, Long Globe Employee, Dead,” ibid., Sept. 9, 1918, 3.

3 J. N. Taylor, “Cleaning Cities,” BG, Mar. 16, 1900, 3. Jose P. Bantug, A Short History of Medicine in the Philippines During the Spanish Regime, 1565–1898 (Manila: Colegio Medico Farmaceutico De Filipinas, 1953), 103.

4 Taylor, “Cleaning Cities.”

5 Ibid.

6 Ibid.

7 Vincent J. Cirillo, Bullets and Bacilli: The Spanish-American War and Military Medicine (New Brunswick, NJ: Rutgers University Press, 2004), esp. 1.

8 Pirogoff quoted in Victor Robinson, Victory over Pain: A History of Anesthesia (New York: Henry Schuman, 1946), 167. See Ken De Bevoise, Agents of Apocalypse: Epidemic Disease in the Colonial Philippines (Princeton, NJ: Princeton University Press, 1995), esp. ix; M. R. Smallman-Raynor and A. D. Cliff, War Epidemics: An Historical Geography of Infectious Diseases in Military Conflict and Civil Strife, 1850–2000 (New York: Oxford University Press, 2004).

9 Rudyard Kipling, “The White Man’s Burden,” McClure’s Magazine, February 1899, 290–91. Arthur J. Stringer, “Kipling: His Interpretation of the Female Character,” NYT, Dec. 10, 1898, BR 835. Roosevelt quoted in Patrick Brantlinger, “Kipling’s ‘The White Man’s Burden’ and Its Afterlives,” English Literature in Translation, 1880–1920, 50 (2007), 172.

10 Kipling, “White Man’s Burden.” There is a large literature on colonial health in India. See especially David Arnold, Colonizing the Body: State Medicine and Epidemic Disease in Nineteenth-Century India (Berkeley: University of California Press, 1993), esp. 116–58; Arnold, “Smallpox and Colonial Medicine in Nineteenth-Century India,” in Imperial Medicine and Indigenous Societies , ed. David Arnold (Manchester, UK: Manchester University Press, 1988), 45–65; Sanjoy Bhattacharya, Mark Harrison, and Michael Warboys, Fractured States: Smallpox, Public Health, and Vaccination Policy in British India, 1800–1947 (New Delhi: Orient Longman, 2005).

11 Hall quoted in “News and Other Gleanings,” Friends’ Intelligencer, Mar. 4, 1899, 180.

12 Rudyard Kipling, “The Tomb of His Ancestors,” in The Writings in Prose and Verse of Rudyard Kipling (New York: Charles Scribner’s Sons, 1899), vol. 13: The Day’s Work, 128, 170. “Vaccination in India,” BRMJ, Jun. 3, 1899, 1341. Kipling, “White Man’s Burden.” On the idealism and violence of colonial public health, see Dipesh Chakrabarty, “Postcoloniality and the Artifice of History: Who Speaks for ‘Indian’ Pasts?” in Contemporary Postcolonial Theory: A Reader, ed. Padmini Mongia (Delhi: Edward Arnold, 1997), 242–43.

13 “Taft Declares Americans Lead in Disease Fight,” PI, May 5, 1911, 1. For a lucid conceptual discussion of U.S. colonialism in the Philippines, see Julian Go, “Introduction: Global Perspectives on the U.S. Colonial State in the Philippines,” in The American Colonial State in the Philippines: Global Perspectives, ed. Julian Go and Anne L. Foster (Durham, NC: Duke University Press Books, 2003), 1–42.

14 “Taft Declares Americans Lead.” John E. Snodgrass, “Sanitary Achievements in the Philippine Islands, 1898–1915,” Part 1 in Sanitary Achievements in the Philippines, 1898–1915; Smallpox Vaccination in the Philippine Islands, 1898–1914; Leprosy in the Philippine Islands (Manila: Bureau of Printing, 1915). See Christopher Capozzola, “Empire as a Way of Life: Gender, Culture, and Power in New Histories of U.S. Imperialism,” Journal of the Gilded Age and Progressive Era, 1 (2002): 364–74; Ann Laura Stoler, “Tense and Tender Ties: The Politics of Comparison in North American History and (Post) Colonial Studies,” Journal of American History, 88 (2001): 829–65; and Robert J. McMahon, “Cultures of Empire,” ibid.: 888–92.

15 “Origin and Spread of Typhoid Fever in the United States Army during the Spanish War,” MR, 59 (Jan. 19, 1901), 98.

16 “School of Tropical Medicine,” DMN, Feb. 5, 1899, 8. Reprinted from BS. See Roy Porter, The Greatest Benefit to Mankind: A Medical History of Humanity (New York: W. W. Norton & Company, 1997), 462–92. For a marvelous analysis of the anxieties involved in U.S. colonial medicine in the Philippines, see Warwick Anderson, “The Trespass Speaks: White Masculinity and Colonial Breakdown,” American Historical Review, 102 (1997): 1343–70.

17 Azel Ames, M.D., “Compulsory Vaccination Essential. The Example of Porto Rico,” MN, Apr. 19, 1902, 722. James C. Scott has argued that a central challenge of modern states is “to make a society legible, to arrange the population in ways that simplified the classic state functions of taxation, conscription, and prevention of rebellion.” This process was particularly important in colonial spaces, such as the U.S.-controlled Philippines, where the terrain and its people were at first so little known to the colonizers. James C. Scott, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed (New Haven: Yale University Press, 1998), 2.

18 On public health and police power, see esp. William J. Novak, The People’s Welfare: Law and Regulation in Nineteenth-Century America (Chapel Hill: University of North Carolina Press, 1996), 191–233. See also Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint (Berkeley: University of California Press, 2000); James A. Tobey, Public Health Law.

19 When the global eradication campaign came in the 1960s and 1970s, it was to be an enormous international effort, overseen by the World Health Organization, with the United States playing one of several leading roles. See Ian Glynn and Jenifer Glynn, The Life and Death of Smallpox; D. A. Henderson, Smallpox.

20 Whitman quoted in Ira M. Rutkow, Bleeding Blue and Gray: Civil War Surgery and the Evolution of American Medicine (New York: Random House, 2005), 232; see ibid., 217–18. George M. Sternberg, “Medical Department,” in DODGECOM, vol. 1, 179. Cirillo, Bullets and Bacilli, 20–30, esp. 30.

21 Dr. Carroll Dunham, “Medical and Sanitary Aspects of the War,” American Monthly Review of Reviews, 18 (October 1898), 417. DODGECOM, vol. 1, 265. Cirillo, Bullets and Bacilli, 32–33.

22 Roosevelt in “Military Surgeons Meet,” NYT, June 6, 1902, 6. The Military Laws of the United States, 4th ed. (Washington, 1901), 350–65. See Edgar Erskine Hume, “The United States Army Medical Department and Its Relation to Public Health,” SCI, new ser., 74 (1931): 465–76; and Mary C. Gillett, The Army Medical Department, 1865–1917 (Washington: U.S. Army, 1995); Champe C. McCulloch, Jr., “The Scientific and Administrative Achievement of the Medical Corps of the United States Army,” Scientific Monthly, 4 (1917), 410–27.

23 George M. Sternberg, A Text-Book of Bacteriology, 2d ed. (1896; New York: William Wood and Company, 1901). Martha L. Sternberg, George Miller Sternberg: A Biography (Chicago: American Medical Association 1920). See Cirillo, Bullets and Bacilli, 20–30.

24 “Officers of the Medical Department of the Army shall not be entitled, by virtue of their rank, to command in the line or in other staff corps.” Military Laws, 353. Line officer quoted in Cirillo, Bullets and Bacilli, 4. Whitman quoted in M. Jimmie Killingsworth, The Cambridge Introduction to Walt Whitman (New York: Cambridge University Press, 2007), 9.

25 USMCSW. For a very thoughtful treatment of this issue, see Warwick Anderson, Colonial Pathologies: American Tropical Medicine, Race, and Hygiene in the Philippines (Durham, NC: Duke University Press Books, 2006), 22–30.

26 DODGECOM, vol. 1, 113, 169.

27 Hoff quoted in Anderson, Colonial Pathologies, 30. See Sternberg, “Medical Department,” 169–70, esp. 170; Sternberg in DODGECOM, vol. 1, 113.

28 Hoyt quoted in Anderson, Colonial Pathologies, 31. “Dr. Azel Ames Dead,” BG, Nov. 13, 1908, 8. “Groff, George G.,” The National Cyclopaedia of American Biography (New York: J. T. White, 1904), vol. XII: 301. Henry F. Hoyt, M.D., “Sanitation in St. Paul,” in PHPR, 14 (1888): 33–39. “Brevet Rank for Gallant Conduct,” MR, 61 (Mar. 29, 1902), 500.

29 C. P. Wertenbaker, “Investigation of Smallpox at Columbia and Sumter, S.C.,” PHR, 13 (May 2, 1898), 468–70. USWDAR 1898, 622.

30 Sternberg, “Medical Department,” 176. DODGECOM, vol. 5, 1684. John Van Rensselaer Hoff, “Experience of the Army with Vaccination as a Prophylactic Against Smallpox,” Military Surgeon, 28 (1911), 498, 502.

31 USMCSW, 167–93, esp. 178. “Origin and Spread of Typhoid Fever in the United States Army during the Spanish War,” MR, 59 (Jan. 19, 1901), 98.

32 “Horrors of Chickamauga,” NYT, Aug. 27, 1898, 3. “Camp Alger a Pest Hole,” ibid., Aug. 6, 1898, 2. USMCSW, 167–93, esp. 190. Cirillo, Bullets and Bacilli, 57–90.

33 “Shafter’s Men to Flee from Fever,” NYT, Aug. 5, 1898, 7. See also, Nicholas Senn, “The Invasion of Porto Rico from a Medical Standpoint,” MN, 73 (Sept. 17, 1898), 369.

34 McKinley, in DODGECOM, vol. 1, 237.

35 Reed quoted in Gaines M. Foster, “The Demands of Humanity: Army Medical Disaster Relief ” (Washington, U.S. Army, 1983), ch. 3, p. 2, http://history.amedd.army.mil/booksdocs/misc/disaster/default.htm, accessed June 23, 2008. McCulloch, “Scientific and Administrative Achievement,” 414, 419. Cirillo, Bullets and Bacilli, 111–35. Smallman-Raynor and Cliff, War Epidemics, 370–96.

36 J. N. Taylor, “Cleansing Cities,” BG, Mar. 16, 1900, 3. Captain L. P. Davison, “Sanitary Work in Porto Rico,” Independent, Aug. 10, 1899, 2128, 2131. Foster, “Demands of Humanity,” ch. 3,p. 4. See Martin V. Melosi, The Sanitary City: Urban Infrastructure in America from Colonial Times to the Present (Baltimore: The Johns Hopkins University Press, 1999).

37 USPC 1905, Appendix A: “Report of the Commissioner of Public Health, Sept. 1, 1904, to August 31, 1905,” 72. Davison, “Sanitary Work,” 2131. See USPC 1905, 10.

38 Taylor, “Cleansing Cities.”

39 Smallman-Raynor and Cliff, War Epidemics, 625–39, 685. Matthew Smallman-Raynor and Andrew D. Cliff, “War and Disease: Some Perspectives on the Spatial and Temporal Occurrence of Tuberculosis in Wartime,” in Return of the White Plague: Global Poverty and the “New” Tuberculosis , ed. Matthew Grandy and Alimuddin Zumla (London: Verso, 2003), esp. 70–76.

40 Clara Barton, The Red Cross: A History of This Remarkable International Movement in the Interest of Humanity (Washington: American National Red Cross, 1898), 520. “Havana Now a Pest Hole,” NYT, May 29, 1898, 12. “Topics of the Times,” ibid., Mar. 18, 1897, 6. “Smallpox Ravaging Cuba,” ibid., Mar. 31, 1897, 2. “Big Conspiracy in Cuba,” ibid., Jan. 1, 1898, 3.

41 Senn, “Invasion of Porto Rico,” 369, 370, 372.

42 De Bevoise, Agents of Apocalypse, ix, 8–44, esp. 18; Smallman-Raynor and Cliff, War Epidemics, 311.

43 De Bevoise, Agents of Apocalypse, 41.

44 Hoyt quoted in Anderson, Colonial Pathologies, 38–39; ibid., 31. See Senn, “Invasion of Puerto Rico,” 369.

45 John Van Rensselaer Hoff, “The Share of the ‘White Man’s Burden’ That Has Fallen to the Medical Departments of the Public Services in Puerto Rico,” PMJ, 5 (Apr. 7, 1900), 797. De Bevoise, Agents of Apocalypse, 43. Arnold, “Smallpox and Colonial Medicine,” 48.

46 McCulloch, “Scientific and Administrative Achievement,” 422. Mary C. Gillett, “U.S. Army Medical Officers and Public Health in the Philippines in the Wake of the Spanish-American War, 1898–1905,” BHM, 64 (1990), 567–81, esp. 581. Foster, “Demands of Humanity,” ch. 3, 4–5. See Davison, “Sanitary Work.”

47 John Van R. Hoff, “Report of the Superior Board of Health of Porto Rico,” June 30, 1900, in USPRMG 1900, 479.

48 Davison, “Sanitary Work,” 2130. George M. Sternberg, “Report of the Surgeon General,” in USWDAR 1899, Reports of the Chiefs of Bureaus, vol. 1, part 2: 597–98. P. Villoldo, “Smallpox and Vaccination in Cuba,” 1914 article reprinted in “Public Health Reports 2006 Supplement 1,” PHR, 121 (2006): 47–49. See also Foster, “Demands of Humanity,” ch. 3, 7–8; and Mariola Espinosa, Epidemic Invasions: Yellow Fever and the Limits of Cuban Independence, 1878–1930 (Chicago: University of Chicago Press, 2009).

49 Hoff, “Share of the ‘White Man’s Burden,’ ” 797, 796.

50 James Robb Church, “John Van R. Hoff,” Military Surgeon (1920), 204–7. “Approves Hoff Memorial,” NYT, Jan. 26, 1931, 14. Gillett, Army Medical Department, 84–87, 197 note 15. See Jacob A. Riis, Theodore Roosevelt, the Citizen (New York: The Outlook Co., 1904).

51 Church, “John Van R. Hoff,” esp. 205. John Van Rensselaer Hoff, “Experience of the Army with Vaccination as a Prophylactic Against Smallpox,” Military Surgeon (1911), 492.

52 Gillett, Army Medical Department, 258. Hoff, “Experience of the Army with Vaccination,” 493. C. H. Alden, “Puerto Rico; Its Climate and Its Diseases,” NYMJ, 74 (1901), 21.

53 Alden, “Puerto Rico,” esp. 19. For a useful contemporary overview of the island, from the Army’s perspective, see USPRMG 1900.

54 USPRMG 1900, 26, 152. Alden, “Puerto Rico,” 19–22, esp. 19. Report of Brig. Gen. Geo. W. Davis, U.S.V. on Civil Affairs of Puerto Rico 1899 (Washington, 1900), 18.

55 Major Azel Ames, “Vaccination of Porto Rico—A Lesson to the World,” Pacific Medical Journal, 45 (1902), 518. Alden, “Puerto Rico,” 19. USPRMG 1900, 94.

56 USPRMG 1900, 19–20, 23, 26. Downes v. Bidwell, 182 U.S 244 (1901). See Robert McGreevey, “Borderline Citizens: Puerto Ricans and the Politics of Migration, Race, and Empire, 1898–1948,” PhD diss., Brandeis University, 2008.

57 George M. Sternberg, “Smallpox,” in USWDAR 1899, Reports of the Chiefs of Bureaus, 596–602, esp. 598. Ames, “Compulsory Vaccination Essential,” 722. George G. Groff, “Vaccinating a Nation,” MN, Nov. 25, 1899, 679. Alden, “Puerto Rico,” 21.

58 Hoff, “Experience of the Army with Vaccination,” 492. “Small-Pox Scare,” PI, Oct. 9, 1898. “Deaths in Porto Rico,” DMN, Dec. 24, 1898, 3. Dr. S. H. Wadhams, “Smallpox in Puerto Rico,” YMJ, 6 (1899–1900), 279.

59 George Foy, “The Introduction of Vaccination to the Southern Continent of America and to the Philippene [sic] Islands,” Janus, 2 (1897–98): 216–20. See José G. Rigau-Perez, “The Introduction of Smallpox Vaccine in 1803 and the Adoption of Immunization as a Government Function in Puerto Rico,” Hispanic American Historical Review, 69 (1989): 393–423; Catherine Mark and José G. Rigau-Perez, “The World’s First Immunization Campaign: The Spanish Smallpox Vaccine Expedition, 1803–1813,” BHM, 83 (Spring 2009), 63–94.

60 Rigau-Perez, “Introduction of Smallpox Vaccine.”

61 Hoff, “Experience of the Army with Vaccination,” 492. USPRMG 1900, 150. Alden, “Puerto Rico,” 21. Groff, “Vaccinating a Nation,” 679–80. José G. Rigau-Perez, “Strategies That Led to the Eradication of Smallpox in Puerto Rico, 1882–1921,” BHM, 59 (1985), 75–88, esp. 79.

62 USPRMG 1900, 153.

63 “General Orders, No. 7,” Jan. 27, 1899, in USWDAR 1899, 572–73. C. H. Lavinder, “The Marine-Hospital Service,” in USPRMG 1900, 277–81.

64 Ames, “Compulsory Vaccination Essential,” 723.

65 Azel Ames published two detailed accounts of the vaccination campaign. Ames, “Compulsory Vaccination Essential” and “Vaccination of Porto Rico.” See Bhattacharya, Fractured States, 52–69; De Bevoise, Agents of Apocalypse, 105.

66 Ames, “Vaccination of Porto Rico,” 513. As a special commissioner with the Massachusetts Department of Labor in the 1870s, Ames published a pioneering study of women in industry. Ames, Sex in Industry: A Plea for the Working Girl (Boston: James R. Osgood and Company, 1875). Azel Ames appeared frequently in the newspapers. See “Suspension of a Boston Doctor from the Pension Bureau,” BG, Nov. 15, 1883, 6; “Indicted for Pension Frauds,” NYT, Mar. 26, 1884, 2; “Not Agreed as to His Guilt,” ibid., Jun. 25, 1885, 3; “Dr. Azel Ames Dead,” BG, Nov. 13, 1908, 8. He fell on hard times after returning from Puerto Rico, filing for bankruptcy in 1902. He died in the Danvers State Hospital for the Insane in 1908.

67 Ames, “Vaccination of Porto Rico,” 524, 523.

68 Ibid., 527, 525–26. Sternberg, “Report of the Surgeon General,” 598. Wadhams, “Smallpox in Puerto Rico,” 282.

69 Groff, “Vaccinating a Nation,” 680.

70 Sternberg, “Report of the Surgeon General,” 598. Groff, “Vaccinating a Nation,” 680, 681. Wadhams, “Smallpox in Puerto Rico,” 283. “Alumni and School Notes,” YMJ, 7 (1901), 333.

71 “Circular No. 3,” March 18, 1899, in “Report of Brig. Gen. Geo. W. Davis on Civil Affairs in Puerto Rico,” USWDAR 1899, 630. Groff, “Vaccinating a Nation,” 682.

72 Ames, “Vaccination of Porto Rico,” 529.

73 “General Order No. 80,” June 17, 1899, in “Report of Brig. Gen. Geo. W. Davis on Civil Affairs in Puerto Rico,” 588.

74 Groff, “Vaccinating a Nation,” 681. Hoff, “Share of the ‘White Man’s Burden,’” 798.

75 Ames, “Compulsory Vaccination Essential,” 728. Hoff, “Share of the ‘White Man’s Burden,’” 799.

76 Ames, “Vaccination of Porto Rico,” 515, 517. Many positive stories on the Puerto Rican campaign appeared in American newspapers, usually as a new piece of evidence in the argument against the antivaccinationists. See, for example, “Latest Vaccination Argument,” Omaha World Herald, Aug. 24, 1902. “Vaccination in Porto Rico,” Duluth News-Tribune, Dec. 20, 1902, 6.

77 KBOH 1898–99, 115.

78 Secretary of State John Hay quoted in Liberty, Equality, Power: A History of the American People, ed. John M. Murrin and James M. McPherson (New York: Harcourt Brace, 1999), 739. Hoff, “Experience of the Army with Vaccination,” 493. Brian McAllister Linn, “The Long Twilight of the Frontier Army,” Western Historical Quarterly, 27 (1996), 142.

79 Charles R. Greenleaf, “A Brief Statement of the Sanitary Work So Far Accomplished in the Philippine Islands, and of the Present Shape of Their Sanitary Administration,” PHPR, 27 (1901), 164. Charles Burke Elliott, The Philippines, to the End of the Commission Government: A Study in Tropical Democracy (Indianapolis: Bobbs-Merrill, 1917), 186. See Paul A. Kramer, The Blood of Government: Race, Empire, the United States, and the Philippines (Chapel Hill: The University of North Carolina Press, 2006).

80 Greenleaf, “Brief Statement,” 163. The forty thousand figure, which appears to have originated with the U.S. colonial health official Victor Heiser, was widely quoted in official reports and press accounts and has since been accepted as at least plausible by leading historians of disease in the Philippines. Snodgrass, Sanitary Achievements in the Philippine Islands, 15. See also Elliott, Philippines , 187; Warwick Anderson, “Immunization and Hygiene in the Philippines,” JHMAS, 62 (2006), 8; De Bevoise, Agents of Apocalypse, 104, 117. “Filipino Minister Surrenders; Aguinaldo’s Infant Son Dies at Manila from Smallpox,” NYT, Mar. 16, 1900, 7. USSCOP, Part 3: 2033.

81 De Bevoise, Agents of Apocalypse, esp. 94–95.

82 Ibid., 105–10, esp. 108. USPCRP 1901, vol. 14, 32. Anderson, “Immunization and Hygiene in the Philippines,” 5–6.

83 De Bevoise, Agents of Apocalypse, 41–42.

84 Greenleaf, “Brief Statement,” 157. “Testimony of Dr. Frank S. Bourns,” July 29, 1899, in USPCRP 1900, Vol. 2: Testimony and Exhibits (Washington, 1900), 347–68, esp. 348–49. (Hereafter Bourns, “Testimony.”) See Frank S. Bourns and Dean C. Worcester, Preliminary Notes on the Birds and Mammals Collected by the Menage Scientific Expedition to the Philippine Islands (Minneapolis: Harrison & Smith, 1894); and Kramer, Blood of Government, 180.

85 Frank S. Bourns, Report to Provost-Marshal-General, Jun. 30, 1899, in USWDAR 1899: Annual Report of the Major-General Commanding the Army, Part 2: 260–61. (Hereafter Bourns, “Report.”)

86 Bourns, “Testimony,” 350, 351. Bourns, “Report,” 260–61. Greenleaf, “Brief Statement,” 157–58. Foster, “Demands of Humanity,” ch. 3, p. 6. On the fascinating career of T. H. Pardo de Tavero, see Kramer, Blood of Government, 181–82.

87 Sternberg, “Smallpox,” 601, 596. Soldier quoted in De Bevoise, Agents of Apocalypse, 115. The Army also tightened the medical inspection and vaccination of troops before they disembarked at San Francisco and paid closer attention to the geographic and racial profile of the American recruits. Sternberg, “Smallpox,” 596–97.

88 55th Cong., 3d Session, Senate Doc. No. 99, Health of Troops in the Philippines [containing dispatch from Major-General Otis to Secretary Alger, dated Feb. 3, 1899], first page. Bourns, “Report,” 260.

89 Sternberg, “Smallpox,” 596, 600. “Smallpox Epidemic Among Troops at Manila,” Rocky Mountain News (Denver), Nov. 3, 1898, 5. “To Prevent Smallpox,” Grand Forks Herald, Mar. 25, 1899, 4.

90 Snodgrass, “Smallpox and Vaccination in the Philippine Islands,” 15.

91 Anderson, Colonial Pathologies, 38. See “Pesky Rebels,” LAT, Feb. 12, 1900; “Week of War,” BG, Apr. 23, 1900, 1.

92 Greenleaf, “Brief Statement,” 158. Le Roy, “Philippines Health Problem,” 778. Smallman-Raynor and Cliff, War Epidemics, 311.

93 Maus quoted in De Bevoise, Agents of Apocalypse, 116. Gillett, Army Medical Department, 178.

94 USSGPHMHS 1904, 168. Taylor, “Cleaning Cities,” BG, Mar. 16, 1900, 3. Snodgrass, “Smallpox and Vaccination in the Philippines,” 15.

95 LeRoy, “Philippines Health Problem,” 778. Greenleaf, “Brief Statement,” 165, 159.

96 “Philippine Tariff Bill Passed by House,” NYT, Dec. 19, 1901, 1. On conditions in Batangas, see Florencio R. Caedo, provincial secretary, to William Howard Taft, Civil Governor of the Philippines, Dec. 18, 1901, in USSCOP, Part 2: 887. “Telegraphic Orders Issued by Brig. Gen. J. F. Bell to Station Commanders in the Provinces of Tayabas, Batangas, and Laguna,” in ibid., Part 2: 1606–31.

97 For concise accounts of the Batangas campaign, see Amy Blitz, The Contested State: American Foreign Policy and Regime Change in the Philippines (New York: Rowman & Littlefield Publishers, 2000), 42–43; Kramer, Blood of Government, 152–54; and Brian McAllister Linn, The Philippine War, 1899–1902 (Lawrence: University Press of Kansas, 2000), 219–24, 300–305. For a fuller history, see Glenn Anthony May, Battle for Batangas: A Philippine Province at War (New Haven: Yale University Press, 1991).

98 Blitz, Contested State, 42–43.

99 Bell, “Telegraphic Circular No. 22,” Dec. 24, 1901, in USSCOP, Part II: 1628. Bell, “Telegraphic Circular No. 17,” Dec. 23, 1901, in ibid., Part II: 1621; “Telegraphic Circular No. 19,” Dec. 24, 1901, in ibid., Part II: 1621; “Telegraphic Circular No. 20,” in ibid., Part II: 1626.

100 On reconcentration, see Kramer, Blood of Government, 152–53.

101 Smallman-Raynor and Cliff, War Epidemics, 614–24. De Bevoise, Agents of Apocalypse.

102 USSCOP, Part 3: 2878.

103 “Directions for Vaccination of Natives. Copy of Telegram. Batangas, January 16, 10:40 a.m.,” in AGOMHP, Vol. 528: San Pablo, Laguna Province, P.I. [first entry], Dec. 31, 1901, 4. Accompanying telegram from General J. F. Bell in ibid., 4–5. See De Bevoise, Agents of Apocalypse, 117.

104 Blitz, Contested State, 43. Linn, Philippine War, 219. Smallman-Raynor and Cliff, War Epidemics, 307–48. On Filipinos’ memories of the epidemics and the war, see De Bevoise, Agents of Apocalypse , ix.

105 Edward Thomas Curran, “Treatment of Filipinos,” NYT, May 3, 1903, 23.

106 “Stamping Out Disease in the Philippines,” NYT, June 23, 1902, 1.

107 “Topics of the Times,” NYT, Aug. 18, 1902, 6. See, for example, “Havana’s Health Is Good: Wonderful Changes Wrought by the Army of Occupation,” WP, Mar. 23, 1902, 6; LeRoy, “Philippines Health Problem”; “Manila Is Healthful,” NYT, Aug. 19, 1903, 8; “Life in the Philippines,” Omaha World Herald, May 25, 1905, 4. See also Carl Crow, America and the Philippines (Garden City and New York: Doubleday, Page & Co., 1914), 107; Robley D. Evans, An Admiral’s Log: Being Continued Reflections of Naval Life (New York: D. Appleton and Company, 1910), esp. 222–23; and the quotations presented in Kristine A. Campbell, “Knots in the Fabric: Richard Pearson Strong and the Bilibid Prison Vaccine Trials, 1905–1906,” BHM, 68 (1994), esp. 606–12.

108 USPC 1905, 72, 11. USSGPHMHS 1907, 81.

109 USPC 1907, 73, 76. Snodgrass, “Smallpox and Vaccination in the Philippines,” 15. In the finest study of the Philippine health crisis of the war years, Ken De Bevoise suggests that the claims of American officials in this regard should be taken seriously. Writing of the 1902–3 period, De Bevoise says, “The successful immunizations . . . may have provided a radical discontinuity with past experience sufficient to impel changed beliefs and behaviors. As popular resistance to vaccination began to break down, the cultural groundwork for future control efforts was laid.” De Bevoise, Agents of Apocalypse, 117.

110 USPC 1904, 105. De Bevoise, Agents of Apocalypse, 188. Warwick Anderson has suggested that “Probably not more than half the vaccinations were successful.” Anderson, “Immunization and Hygiene,” 9. Glynn and Glynn, Life and Death of Smallpox, 193. On eradication, see Ken De Bevoise, “Until God Knows When: Smallpox in Late-Colonial Philippines,” Pacific Historical Review, 59 (1990), 185; and De Bevoise, Agents of Apocalypse, 188. De Bevoise notes that “a case imported into Mindoro allowed the disease to take one last bow in 1948–1949.” Idem, “Until God Knows When,” 185.

111 Ames, “Vaccination of Porto Rico,” 513. USSGPHMHS 1907, 81. Snodgrass, “Smallpox and Vaccination in the Philippines,” 18.

FIVE: THE STABLE AND THE LABORATORY

1 “New Jersey Notes,” PI, June 3, 1902, 3. On the development of product liability law during the early twentieth century, see MacPherson v. Buick, 217 NY 382 (1916); and H. Gerald Chapin, Handbook of the Law of Torts (St. Paul: West Publishing Co. 1917), 517–20. See also Barbara Young Welke, Recasting American Liberty: Gender, Race, Law, and the Railroad Revolution, 1865–1920 (New York: Cambridge University Press, 2001), esp. 14–20; John Fabian Witt, The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law (Cambridge, MA: Harvard University Press, 2004), esp. 2–3, 75–76.

2 Franklin Delano Roosevelt, Annual Message of the President to Congress, Jan. 6, 1941 (excerpt), http://avalon.law.yale.edu/20th_century/decade01.asp, accessed March 3, 2009. Old-age pensions, unemployment insurance, compulsory health insurance, and labor regulations for men (outside of extremely dangerous industries such as mining) were dead on arrival in the United States. Escola v. Coca Cola Bottling Co., 24 Cal. 2d 453 (1944). See David A. Moss, Socializing Security: Progressive-Era Economists and the Origins of American Social Policy (Cambridge, MA: Harvard University Press, 1995); Theda Skocpol, Protecting Soldiers and Mothers: The Political Origins of Social Policy in the United States (Cambridge, MA: Harvard University Press, 1992).

3 In a useful short account, Jonathan Liebenau has examined the vaccine controversy as an important moment in the consolidation of the pharmaceutical industry in the United States; Medical Science and Medical Industry (Baltimore: The Johns Hopkins University Press, 1987), 79–88. Arthur Allen provides a brisk narrative of the episode in Vaccine, 79–82, 92–96. A thinner account, with errors, is David E. Lilienfeld, “The First Pharmacoepidemiologic Investigations: National Drug Safety Policy in the United States, 1901–1902,” Perspectives in Biology and Medicine , 51 (Spring 2008): 188–98.

4 “No Vaccination in Camden’s Boundaries,” NYT, Nov. 19, 1901, 7. “Vaccine and Antitoxin,” ibid., Dec. 8, 1901, 6. “Vaccination and Lockjaw,” NYS, Nov. 21, 1901, 6. F. M. Wood, “The Various Methods of Vaccination and Their Results,” PMJ, 9 (Mar. 22, 1902), 541–42. “The Cleveland Experiment,” Cincinnati Lancet-Clinic, May 31, 1902, 580–82.

5 “Rubbed Off Vaccine Virus,” NYT, Dec. 7, 1901, 2. See, for example, “Death Follows Vaccination,” NOP, Dec. 15, 1893, 4; “Death Caused by Vaccination,” Interocean (Chicago), Feb. 15, 1894, 3; “Parents Fear Vaccination,” Milwaukee Sentinel, Feb. 16, 1894, 8; “Caused by Vaccination: A School Girl’s Awful Suffering,” Bismarck Daily Tribune, Aug. 10, 1895; “Danger in Vaccination,” Macon Telegraph (Georgia), Dec. 24, 1897; “Died of Virus Poisoning,” PNA, Nov. 17, 1899, 7; “Death Probably Due to Vaccination,” WP, Mar. 21, 1901, 3. See, generally, Sir Graham S. Wilson, The Hazards of Immunization.

6 On the implications of progressive thinking about social interdependence, see Thomas L. Haskell, The Emergence of Professional Social Science (Urbana: University of Illinois Press, 1977). Michael Willrich, City of Courts.

7 Wyatt v. Rome, 105 Ga. 312 (1898). Even after the enactment of the federal Biologics Control Act of 1902, state and local governments remained insulated from liability for unsafe vaccines. “The State is not a guarantor of the purity of such biological products and is not liable for injury caused by impure ones.” James A. Tobey, Public Health Law, 58. See ibid., 175–76. On the regulatory environment as it existed in 1901, see Charles V. Chapin, Municipal Sanitation in the United States (Providence: The Providence Press, 1901), 573–98, esp. 580–84. On the growth of social intervention in American law during this period, see Willrich, City of Courts.

8 Walter Wyman, “Précis upon the Diagnosis and Treatment of Smallpox,” PHR, 14, Jan. 6, 1899, 37. “Vaccination and Revaccination,” CMJ, 1 (July 1902), 381. On more recent developments in U.S. vaccine regulation, see Thomas F. Burke, Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society (Berkeley: University of California Press, 2002), 142–70; Vincent A. Fulginiti et al., “Smallpox Vaccination: A Review, Part II. Adverse Effects,” Clinical Infectious Diseases, 37 (2003), 251–71; and Julie B. Milstein, “Regulation of Vaccines: Strengthening the Science Base,” Journal of Public Health Policy, 25 (2004): 173–89.

9 “Commercial Virus and Antitoxin,” NYT, Nov. 18, 1901, 6.

10 A burgeoning field of social science research has shed new light on the mental strategies—or “heuristics”—that ordinary people use to understand the risks of their world. For an introduction, see Paul Slovic, “Perception of Risk,” SCI, new ser. 236 (1987): 280–85. For an interesting critique of Slovic’s ideas, see Cass R. Sunstein, “The Laws of Fear,” review of Paul Slovic, The Perception of Risk (2000), Harvard Law Review, 115 (2002): 1119–68.

11 “Vaccinia is a specific disease, the cause of which has not been determined. We are, therefore, working somewhat in the dark.” Milton J. Rosenau of the federal Hygienic Laboratory, in USROSENAU, 6.

12 USCB 1900, Vol. I: Population: Part I: Population of States and Territories, 1900, 430, 513, 549. Ibid., Vol. 8: Manufactures: States and Territories, 556. NJBOH 1901, 152.

13 “Camden’s Lockjaw Panic,” NYS, Nov. 16, 1901, 4. The Sun mistakenly reported the family surname as Ludwig. See U.S. Census Bureau, Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, New Jersey, Supervisor’s District No. 6, Enumeration District No. 63.

14 NJBOH 1901, 371. NJBOH 1902, 39–42. PBOH 1901, 14–18, 37–48. “Smallpox Situation in Philadelphia and Camden,” MN, Nov. 30, 1901, 867–68.

15 “Camden’s Lockjaw Panic.” “Smallpox,” MN, Oct. 26, 1901, 667. On sore arms during this epidemic, see F. M. Wood, M.D. [city physician of Camden], “The Various Methods of Vaccination and Their Results,” PMJ, 9 (Mar. 22, 1902), 541–42; Alexander McAllister, M.D. [of Camden], “The Cause of Sore Arms in Vaccination,” Transactions of the Medical Society of New Jersey, 1902 (Newark, 1902), 153–57.

16 NJBOH 1901, 371–72.

17 “Vaccinated Boy, Tetanus Stricken, May Recover,” PNA, Nov. 11, 1901, 1. “Five Victims of Lockjaw,” NYT, Nov. 17, 1901, 3. W. J. Lampton, “Tetanus Epidemics” (letter to the editor), NYS, Nov. 21, 1901, 6. George Miller Sternberg, Infection and Immunity: With Special Reference to the Prevention of Infectious Diseases (New York: G. P. Putnam’s Sons, 1903), 272–78, esp. 277. William Brown, “Tetanus in Toy-Pistol Wounds,” BRMJ, 1 (1934): 1116–17. See also Frederic S. Dennis, ed., System of Surgery (Philadelphia: Lea Brothers & Co., 1895), vol. 1, 426–27; William Hallock Park and Anna Wessels Williams, Pathogenic Micro-organisms: Including Bacteria and Protozoa; a Practical Manual for Students, Physicians and Health Officers(Philadelphia: Lea Brothers & Co., 1905), 222. The contemporaneous accounts of the unfolding Camden tetanus outbreak that were published in newspapers, medical journals, and the Camden Board of Health’s official report, contain a number of discrepancies (including some conflicting dates, different spellings of the victims’ names, and differing ages for the children). I have been able to locate most of these children in the 1900 census. In my own account, I have wherever possible used information that I have been able to confirm in at least two sources. For the Camden Board of Health report, which appears to contain a few factual errors about the cases, see “Official Report of the Camden Board of Health Concerning the Cases of Tetanus Which Occurred in Patients Who Had Been Vaccinated,” Nov. 29, 1901, reprinted in Bulletin of the North Carolina Board of Health, 16 (Dec. 1901): 112–18. (Hereafter: “Camden Board of Health Report.”)

18 Mrs. Brower and Dr. Kensinger quoted in “Vaccinated Boy, Tetanus Stricken, May Recover.” Dr. Kensinger’s name is mispelled as “Kinsinger” in this newspaper story. On the Brower family, see Twelfth Census of the United States (1900): Schedule No. 1: Population, Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 77.

19 “Camden’s Lockjaw Panic.” Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 77. “Camden Board of Health Report,” 114.

20 “Another Death from Lockjaw,” NYTRIB, Nov. 14, 1901, 6. “Camden’s Lockjaw Panic.” “Vaccination and Lockjaw,” NYT, Nov. 14, 1901, 2. “Vaccination Leads to a Boy’s Death,” PNA, Nov. 14, 1901, 3. Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 73. “Camden Board of Health Report,” 114.

21 “Camden’s Lockjaw Panic,” NYS, Nov. 16, 1901, 4. “Vaccination Claims Another,” NYTRIB, Nov. 15, 1901. Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 59. “Camden Board of Health Report,” 114.

22 Davis quoted in “Vaccination Claims Another.” Dowling quoted in “Epidemic of Lockjaw Arouses a Whole City,” NYW, Nov. 20, 1901, 6.

23 “Vaccination Claims Another.” “Camden’s Lockjaw Panic.” See Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 73 (Warrington); ibid., Enumeration District No. 49 (Cavallo). “Camden Board of Health Report,” 114. The unnamed victim appears to have been William J. Bauer, aged seven, who according to Camden officials was the tetanus outbreak’s first fatality: vaccinated October 12, he showed tetanus symptoms on November 1 and died two days later. Ibid., 113. On the Bauer family, see Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 85.

24 “Lockjaw Deaths Continue,” NYT, Nov. 17, 1901, 6. “Five Victims of Lockjaw,” NYT, Nov. 17, 1901, 3. “Camden Board of Health Report,” 114.

25 “Five Victims of Lockjaw.” “Camden’s Lockjaw Panic.”

26 “Ibid. Other newspaper accounts and medical journal articles intimated that a single maker had been involved in the tetanus cases in Camden, but refrained from revealing the maker’s identity. On Mulford see Liebenau, Medical Science and Medical Industry, esp. 57–78, 80–81.1.

27 “Camden’s Lockjaw Panic.” Cochran did not have many dollars to spare. The fifty-one-year-old teamster lived in a rented house on Mechanic Street, about a mile from the Delaware River, with his wife Sarah and their children. In their twenty-six years of marriage, Sarah had given birth to six children. Annie was their second to die. James was going to know who was responsible for this loss. Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 59. “Epidemic of Lockjaw Arouses a Whole City,” NYW, Nov. 20, 1901, 6.

28 “Camden’s Lockjaw Panic.” “No Vaccination in Camden’s Boundaries.” Cooper v. Shore Elec. Co., 63 N.J.: 558 (1899). See John Fabian Witt, “From Loss of Services to Loss of Support: The Wrongful Death Statutes, the Origins of Modern Tort Law, and the Making of the Nineteenth-Century Family,” Law and Social Inquiry, 25 (2000), 717–55; Vivian A. Zelizer, Pricing the Priceless Child: The Changing Social Value of Children (New York: Basic Books, 1985), ch. 5.

29 “Camden’s Lockjaw Panic.” “No Vaccination in Camden’s Boundaries.” “Epidemic of Lockjaw Arouses a Whole City.” “Tetanus Following Vaccination,” MN, Nov. 23, 1901, 829.

30 “Tetanus in Philadelphia,” NYT, Nov. 19, 1901. “Commercial Virus and Antitoxin,” ibid., Nov. 18, 1901, 6. On Atlantic City (Bessie Kessler, age nine), see “Death in Atlantic City,” NYT, Nov. 19, 1901. “Vaccination Proves Fatal,” SFC, Nov. 19, 1901, 4. On Bristol (Joseph Goldie), see “Tetanus Follows Vaccination,” CO, Nov. 19, 1901, 4. See also “St. Louis; Camden, N.J.; Bristol, Pa.,” Duluth News Tribune (Minnesota), Nov. 15, 1901, 4; “Compulsory Vaccination Exciting Camden, N. J.,” Wilkes-Barre Times, Nov. 20, 1901, 1. On Cleveland, see Martin Friedrich, “How We Rid Cleveland of Smallpox,” CMJ, 1 (Feb. 1902), 77–83, esp. 79. Joseph McFarland, “Tetanus and Vaccination: An Analytical Study of 95 Cases of the Complication,” Lancet, Sept. 13, 1902, 730–35, esp. 731.

31 “A Health Board Arraigned,” NYT, Nov. 19, 1901. “The St. Louis Tragedy,” Medical Dial (Minneapolis), 3 (December 1901), 301–2. “St. Louis; Camden, N.J.; Bristol, Pa.,” Duluth News-Tribune, Nov. 15, 1901, 4. A separate committee, appointed by the St. Louis Board of Health, later confirmed the coroner’s judgment and recommended that the Health Department stop making antitoxin. The department complied. Ramunas A. Kondratas, “The Biologics Control Act of 1902,” in The Early Years of Federal Food and Drug Control, ed. James Harvey Young (Madison, WI: American Institute of the History of Pharmacy, 1982), 15.

32 “A Tempest in Rochester: Frightened Parents Refuse to Allow School Children to Be Vaccinated,” NYTRIB, Nov. 20, 1901, 6.

33 “No Vaccination in Camden’s Boundaries.” “Resolutions of the Camden Board of Health,” MN, Nov. 23, 1901, 828. “Lockjaw Checks All Vaccination,” PNA, Nov. 19, 1901, 3.

34 See Louis Galambos with Jane Eliot Sewell, Networks of Innovation: Vaccine Development at Merck, Sharp & Dohme, and Mulford, 1895–1995 (New York: Cambridge University Press, 1995); Liebenau, Medical Science and Medical Industry; John P. Swann, Academic Scientists and the Pharmaceutical Industry: Cooperative Research in Twentieth-Century America (Baltimore: The Johns Hopkins University Press, 1988).

35 For a lucid short discussion, see Ian Glynn and Jenifer Glynn, The Life and Death of Smallpox, 177–89.

36 NCBOH 1897–98, 35. Chapin, Municipal Sanitation, 580. Donald R. Hopkins, Princes and Peasants, 77–81. Fenner et al., Smallpox and Its Eradication, 263.

37 George Henry Fox, A Practical Treatise on Smallpox, 26. Herbert Spencer, Facts and Comments (New York: D.Appleton and Co., 1902), 271, 107. USROSENAU, 6. Hopkins, Princes and Peasants, 85. The persistent association of vaccination with syphilis persisted long after the curtailment of the arm-to-arm method ended the problem. See, e.g., Sylvanus Stall, What a Young Man Ought to Know, rev. ed. (Philadelphia: Vir Publishing Company, 1904), 142.

38 Francis G. Martin, “The Propagation, Preservation, and Use of Vaccine Virus,” address to the American Medical Association, May 7, 1896, in IBOH 1897, 169.

39 Samuel W. Abbott, “Vaccination,” in A Reference Handbook of the Medical Sciences, rev. ed. by Albert H. Buck, vol. 8 (New York: William Wood and Company, 1904), 111–53, esp. 133–34.

40 Abbott, “Vaccination,” 133–34.

41 Martin ad in BMSJ, unpaginated advertising sheet, Aug. 29, 1872. “A Vaccination Farm,” Arkansas Gazette, Sept. 25, 1877. “Animal Vaccination: Dr. Martin’s Vaccine Farm at Brookline, Mass.,” Frank Leslie’s Illustrated Newspaper (New York), Aug. 6, 1881, 382.

42 “Virus: The Difference Between Humanized and Animal Matter—Rearing Calves for Purposes of Vaccination,” St. Louis Globe-Democrat [orig. from Brooklyn Eagle], Jan. 6, 1876, 3. John Duffy, A History of Public Health in New York City, 1866–1966,151. Massachusetts enacted the nation’s first compulsory education law in 1852 and its first compulsory vaccination law in 1855. By 1918, every state had compulsory education. Compulsory vaccination spread far less uniformly, with many state legislatures leaving the matter to local communities and their boards of health.

43 J. W. Compton & Son advertisement, Transactions of the Indiana State Medical Society, 1882 (Indianapolis, 1882), 331. Wyeth advertisement, Drugs and Medicines of North America (Cincinnati, 1884–1885), Vol. 1: 21. “A Vaccination Farm,” Arkansas Gazette, Sept. 25, 1877. “Animal Vaccination,” 382. Oscar C. DeWolf, “Remarks on Sources and Varieties of Vaccine Virus,” Chicago Medical Journal and Examiner, 42 (1881): 481–86. J. W. Hodge, “What Is the Stuff Variously Termed ‘Vaccine Virus,’ ‘Bovine Virus,’ ‘Animal Lymph,’ ‘Calf Lymph,’ ‘Pure Calf-Lymph,’ Etc.,” Medical Advance, March 1908, 160–71, esp. 168.

44 More recently DNA analysis has confirmed that vaccinia, cowpox, and smallpox are distinct. See Glynn and Glynn, The Life and Death of Smallpox, 177–89.

45 Walter Reed, “What Credence Should Be Given to the Statements of Those Who Claim to Furnish Vaccine Lymph Free of Bacteria,” Journal of Practical Medicine, 5 (July 1895), 532–34. W. F. Elgin, “The Propagation of Vaccine and Glycerinated Lymph,” Proceedings of the Fifteenth Annual Meeting of the Conference of State and Provincial Boards of Health of North America, Atlantic City, June 1–2, 1900 (Providence, 1900), 51.

46 R. L. Pitfield, “Report on the Vaccine Farms and Antitoxin Propagating Establishments of the United States, and Their Products, and on Certain Imported Antitoxins,” Twelfth Annual Report of the State Board of Health and Vital Statistics of the Commonwealth of Pennsylvania (1896) vol. 1 (State Printer, 1897), 186, 193, 196, 154.

47 Abbott, “Vaccination,” 142. USROSENAU, 6. Glynn and Glynn, Life and Death of Smallpox, 172–73. J. J. Kinyoun, “The Action of Glycerin on Bacteria in the Presence of Cell Exudates,” Journal of Experimental Medicine, 7 (1905): 725–32.

48 Mulford Company display advertisements, Medical World, 19 (December 1901), 17. On the connection between cities and hinterlands in the late nineteenth century, see William Cronon, Nature’s Metropolis: Chicago and the Great West (New York: W. W. Norton & Company, 1991).

49 Richard Hofstadter wrote, “The United States was born in the country and has moved to the city.” The Age of Reform: From Bryan to F. D. R. (New York: Random House, 1955), 23. Liebenau, Medical Science and Medical Industry, 57–78; Galambos with Sewell, Networks of Innovation, 9–32. Curiously, the latter work does not mention the Camden episode.

50 Mulford display advertisement, Medical Dial, 2 (Apr. 1900), xii. Galambos with Sewell, Networks of Innovation, 9–32.

51 Mulford display advertisement, Medical Dial, 2 (Apr. 1900), xii.

52 Elgin, “Propagation of Vaccine,” 46–55. See also, “How Mulford’s Vaccine Is Made,” display advertisement, ILLMJ, 51 (May 1902), pages not numbered. To compare Mulford’s production practices with those of other makers, see esp. Abbott, “Vaccination,” 138–44; Chapin, Municipal Sanitation, 584; Francis C. Martin, “The Propagation, Preservation, and Use of Vaccine Virus,” MR, 49 (May 30, 1896), 757–59; “The Public Health Laboratories of New York City and Their Products,” New York State Journal of Medicine, 2 (Feb. 1902): 37; Theobald Smith, “The Preparation of Animal Vaccine,” MC, Jan. 1, 1902, 101–16; “Virus and Antitoxin of the Health Board,” NYT, Nov. 24, 1901, 5. On Canadian practices, see Pierrick Malissard, “ ‘Pharming’ à l’ancienne: les Fermes Vaccinales Canadiennes,” Canadian Historical Review, 85 (2004): 35–62. See “Vaccine Calves on Market,” CT, Mar. 3, 1901, 14.

53 Chapin, Municipal Sanitation, 580–84. Abbott, “Vaccination,” 138, 147–49.

54 John Duffy, A History of Public Health in New York City 1866–1966, 242.

55 W. B. Clarke, “The Pot Calls the Kettle Black,” American Homeopathist, 26 (May 1900), 159, 160. Otis Clapp & Son display advertisement, New England Medical Gazette, Dec. 1897, unnumbered page in advertising section. Parke, Davis & Company display advertisement, ILLMJ, 51 (Feb. 1902), unpaginated advertising page.

56 John Anderson, Art Held Hostage: The Battle over the Barnes Collection (New York: W. W. Norton & Company, 2003), 7–30. Richard J. Wattenmaker, “Dr. Albert C. Barnes and the Barnes Foundation,” in Great French Paintings from the Barnes Foundation: Impressionist, Post-impressionist, and Early Modern (New York: Alfred A. Knopf, 1993), 3–27.

57 “Lockjaw in Camden,” NYTRIB, Nov. 21, 1901, 8. “Virus Did Not Cause Lockjaw,” ibid., Nov. 20, 1901, 6. “Smallpox Virus Was Pure,” NYS, Nov. 20, 1901, 5. “Vaccination and Lockjaw,” ibid., Nov. 21, 1901, 6. See also, Albert C. Barnes, “Facts About the Camden Cases of Tetanus,” letter to the editor, NYT, Nov. 21, 1901.

58 “Camden Board of Health Report,” 112–18, esp. 113. “No Lockjaw Germs in Virus,” WP, Dec. 1, 1901, 24.

59 “The Tetanus Cases in Camden and St. Louis,” ADPR, Nov. 25, 1901, 310.

60 “Vaccine and Antitoxin,” NYT, Dec. 8, 1901, 6. “The Tetanus Problem,” PNA, Nov. 30, 1901, 8. “Smallpox: Vaccination and Tetanus,” Current Literature, 32 (April 1902), 486. W. R. Inge Dalton, “Responsibility for the Recent Deaths from the Use of Impure Antitoxins and Vaccine Virus,” Canadian Journal of Medicine and Surgery, 11 (Jan. 1902), 35.

61 Robert N. Willson, “Tetanus Appearing in the Course of Vaccinia; Report of a Case,” Proceedings of the Philadelphia County Medical Society, 22 (Nov. 1901), 353–66, esp. 364. “Discussion,” ibid., 367–69, esp. 367.

62 “Three Children Expire from the Disease After Vaccination,” NYTRIB, Nov. 27, 1901, 14; “Another Case of Tetanus,” ibid., Dec. 5, 1901, 6. “More Deaths from Tetanus: Poisoned Vaccine Still Proving Fatal at Camden, N.J.,” Omaha World-Herald, Nov. 27, 1901, 1. “More Deaths from Lockjaw,” Medical News, Dec. 7, 1901, 909. “Another Tetanus Victim Succumbs,” Philadelphia Inquirer, Dec. 8, 1901, 7. Twelfth Census of the United States (1900): Schedule No. 1—Population: Camden, NJ, Supervisor’s District No. 6, Enumeration District No. 67 (Overby); ibid., Enumeration District No. 73 (Rosevelt). Neither Heath nor Johnson was recorded in the 1900 census in Camden County. “Camden Board of Health Report,” 115.

63 “Vaccine and Antitoxin,” NYT, Dec. 8, 1901, 4. “A Medical Inquiry as to Vaccine and Antitoxin,” ibid., Dec. 28, 1901, 6.

64 Arthur Van Harlingen, “Remarks on Vaccination in Relation to Skin Diseases and Eruptions Following Vaccination,” PMJ, 9 (Jan. 25, 1902), 184–86, esp. 186. John H. McCollom, “Vaccination: Accidents and Untoward Effects,” MC, Jan. 1, 1902, 125–38.

65 NCBOH 1897–98, 37-38. F. T. Campbell, “Vaccination,” PMJ, 9 (Apr. 12, 1902): 668. See also CAMBOH 1902, 8.

66 M. J. Rosenau, “Report on the examination of dried lymph and glycerinized vaccine lymph,” enclosed with Walter Wyman to C. P. Wertenbaker, Apr. 6, 1900, CPWL, vol. 1. “Dr. Rosenau Dies,” NYT, Apr. 10, 1946, 25. “Milton J. Rosenau, M. D.,” MMWR Weekly, Oct. 15, 1999, 907.

67 Milton J. Rosenau, “Dry Points Versus Glycerinated Virus, From a Bacteriologic Standpoint,” USSGPHMHS 1902, 446–49, esp. 449. “New York Academy of Medicine,” Pediatrics, 13 (May 1, 1902): 344–49.

68 Rosenau, “Dry Points Versus Glycerinated Virus,” 446. “Society Proceedings: New York Academy of Medicine,” MN, 80 (Mar. 22, 1902), 562ff. Rosenau published his full report in March 1903, USROSENAU. “Conference of State and Provincial Boards of Health of North America,” MR, Nov. 15, 1902, 789.

69 Cleveland Medical Journal quoted in “Vaccine Lymph,” Sanitarian, March 1902. Ibid., 240, 239. “This state of affairs is causing profound disquietude among conscientious medical practitioners.” “Commercial Virus and Antitoxin,” NYT, Nov. 18, 1901, 6.

70 John W. LeSeur, “Vaccination, A Privilege or a Duty?” in Transactions of the Homeopathic Medical Society of the State of New York for the Year 1902, vol. 37 (Rochester, 1902), 52.

71 Theobald Smith, “The Preparation of Animal Vaccine,” in MC, Jan. 1, 1902, 114–15.

72 Dalton, “Responsibility for the Recent Deaths,” 35. On decommodification, see Daniel T. Rodgers, Atlantic Crossings: Social Politics in a Progressive Age (Cambridge, MA: Belknap Press, 1998); Amy Dru Stanley, From Bondage to Contract: Wage Labor, Marriage, and the Market in the Age of Slave Emancipation (New York: Cambridge University Press, 1998), 267–68.

73 Eugene A. Darling, “Vaccination: The Technique,” MC, Jan. 1, 1902, 118. Ann Bowman Jannetta, “Public Health and the Diffusion of Vaccination in Japan,” in Asian Population History, ed. Ts’uijung Liu, et al. (New York, 2001), 292–305. “Hearing Over,” BG, Feb. 5, 1902, 4. “Death from Lockjaw,” CC, Jan. 4, 1902, 5. R. E. Doolittle, “Inspection of Imported Food and Drug Products,” Yearbook of the United States Department of Agriculture, 1910 (Washington, 1911), 201.

74 “Regulation of Serum” [from American Medicine], WP, Dec. 25, 1901, 11. “Should Cities Go into the Drug Business?” St. Louis Medical and Surgical Reporter, 74 (March 1898), 152. “Vaccine Makers Protest,” WP, Mar. 16, 1900, 5. “On Government Competition,” ADPR, Oct. 14, 1901, 218. W. R. Inge Dalton, “Municipal Socialism of a Dangerous Kind,” letter to the editor, NYT, Nov. 18, 1901, 5. Daniel DeLeon, “Hiding Their Own Crimes,” Daily People, Nov. 19, 1901, http://www.slp.org/pdf/de_leon/eds1901/nov19_1901.pdf, accessed Feb. 23, 2009. Practical considerations also worked against manufacture by state and local health boards. In many states, the limited demand for the product during long periods when smallpox was not prevalent could not justify the cost of maintaining a state farm. The southern states had virtually no vaccine production facilities, either state or commercial; even in states with relatively strong health boards, such as Kentucky and North Carolina, officials were content to recommend vaccines manufactured in the Northeast or Middle West. See Gardner T. Swarts, “Is It Advisable for a State to Provide Vaccine Virus,” in PABOH 1900, 467–68.

75 Editorial favorably quoting an unnamed writer, in “The St. Louis Tragedy,” Medical Dial, 3 (Dec. 1901), 302. “Vaccine and Antitoxin,” NYT, Dec. 8, 1901, 6. “Government Control of Therapeutic Serums, Vaccine, Etc.,” MR, Mar. 29, 1902, 495. See “Topics of the Times,” NYT, Mar. 20, 1902, 8. “Vaccine Virus and Antitoxin,” Sanitarian, May 1902, 417. In 1898, the New York County Medical Society had sponsored a bill in the New York Senate to prevent the health department from selling its vaccine and antitoxin. Duffy, Public Health in New York City, 241.1.

76 “Regulation of Serum.” “Government Control of Therapeutic Serums, Vaccine, Etc.,” MR, Mar. 29, 1902, 495. Kondratas, “Biologics Control Act,” 17.

77 “Government Control of Therapeutic Serums,” 495. “Discussion,” Transactions of the Homeopathic Medical Society of the State of New York for the Year 1902, vol. 37 (Rochester, 1902), 60.

78 Woodward memorandum dated April 24, 1902, in U.S. Doc. 4407, 57th Congress, 1st Session, H.R. Reports, Vol. 9, No. 2713, “Sale of Viruses, Etc., in the District of Columbia,” June 27, 1902, 4. “Cost of Street Cleaning,” WP, Apr. 5, 1902, 11. “Regulates Sale of Virus,” WP, May 3, 1902, 14.

79 Kober memorandum dated April 16, 1902, in H. R., “Sale of Viruses, Etc., in the District of Columbia,” 4. See also U.S. Doc 4264, 57th Congress, 1st Session, Senate Reports, vol. 9, no. 1980, “Sale of Viruses, Etc., in the District of Columbia, June 19, 1902. “Virus Sale Licenses,” WP, Apr. 22, 1902, 12.

80 Walsh to Dr. Joseph McFarland, Dec. 4, 1901, quoted in Liebenau, Medical Science and Medical Industry, 85. “Cleveland Experiment,” 581. See also, in reference to a memorial from the Cleveland Academy of Medicine calling for U.S. government control of vaccine production, “American Medical Association,” New York State Journal of Medicine, 2 (July 1902), 194.

81 Robert N. Willson, “Abstract of an Analysis of Fifty-Two Cases of Tetanus Following Vaccinia: with Reference to the Source of Infection,” Proceedings of the Philadelphia County Medical Society, vol. 23 (Philadelphia, 1902), 157, 162, 165.

82 Untitled item on McFarland’s appointment, MN, Feb. 9, 1901, 225. The significant changes were matters primarily of tone, as McFarland more resolutely stated his argument that a single make of vaccine, corrupted with tetanus, had caused the outbreaks at Camden and elsewhere.

83 Joseph McFarland, “Tetanus and Vaccination—An Analytical Study of Ninety-Five Cases of This Rare Complication,” Proceedings of the Philadelphia County Medical Society, vol. 23 (Philadelphia, 1902) [hereafter McFarland, Proceedings], 166, 171. Joseph McFarland, “Tetanus and Vaccination: An Analytical Study of 95 Cases of the Complication,” Lancet, Sept. 13, 1902 [hereafter McFarland, Lancet], 730.

84 McFarland, Proceedings, 168, 169. See, for example: “Death Follows Vaccination,” NOP, Dec. 15, 1893, 4; “Vaccination, Lockjaw, and Death,” NYT, May 29, 1894, 2. McFarland also implied that attempts were made to “suppress” cases “at the present time,” and perhaps also in the past. McFarland, Proceedings, 168.

85 McFarland, Proceedings, 169.

86 McFarland also considered, and rejected, the (plausible) argument that the recent introduction of shields, to cover vaccination wounds, had contributed to the occurrence of tetanus. The argument was that the shields created just the sort of anaerobic environment where tetanus bacilli thrived. But McFarland pointed out that in very few of the reported cases had shields even been used. McFarland, Proceedings, 171.

87 McFarland, Proceedings, 173, 174. McFarland, Lancet, 733.

88 McFarland, Proceedings, 174, 175.

89 USROSENAU, 6–7. See also John H. Huddleston, “Tetanus and Vaccine Virus,” Pediatrics, 16 (Feb. 1904), 65–71.

90 William Osler, The Principles and Practice of Medicine, 4th ed. (New York: D. Appleton and Company, 1901), 231. McFarland, Proceedings, 177. Today, the Centers for Disease Control places the normal incubation period at “3 to 21 days, usually about eight days,” adding: “In general the further the site is from the central nervous system, the longer incubation period. The shorter the incubation period, the higher the chance of death.” (Epidemiology and Prevention of Vaccine-Preventable Diseases, 10th ed. (2008), 72. http://www.cdc.gov/vaccines/pubs/pinkbook/downloads/tetanus-508.pdf, accessed February 23, 2009.)

91 “Virus, Antitoxins, and Serums,” NYT, Apr. 14, 1902, 8. The Congressional Record documents no debate on the legislation. JCSP, General Correspondence, Boxes 51–54.

92 Public Law No. 244, “An act to regulate the sale of viruses, serums, toxins, and analogous products in the District of Columbia, to regulate interstate traffic in said articles, and for other purposes,” 32 Stat. L., 728, approved July 1, 1902.

93 Kondratas, “Biologics Control Act,” 17.

94 Kondratas, “Biologics Control Act,” 18–19. John Parascandola, “The Public Health Service and the Control of Biologics,” PHR, 110 (Nov. /Dec. 1995), 774–75. Milstein, “Strengthening the Science Base,” 176.

95 “The Best Vaccine,” BG, Jun. 15, 1903, 6. Barbara Gutman Rosenkrantz, Public Health and the State: Changing Views in Massachusetts, 1842–1936 (Cambridge: Harvard University Press, 1972), 123–27. “The Bacteriologic Laboratory,” CMJ, 2 (Jan. 1903), 37–38.

96 Kondratas, “Biologics Control Act,” 19–20. Liebenau, Medical Science and Medical Industry.

97 Pure Food and Drug Act, 1906, approved June 30, 1906, 34 U.S. Stats. 768.

98 “Statement of Dr. C. T. Sowers, of Washington, D.C.,” Hearings Before the Committee on Interstate and Foreign Commerce of the House of Representatives on Bills Relating to Health Activities of the General Government, Part I (Washington, 1910), 385–86.

99 “Smallpox in New Jersey,” PMJ, 9 (Jan. 11, 1902), 50. “Smallpox in Camden,” ibid., 9 (Mar 1, 1902), 466.

SIX: THE POLITICS OF TIGHT SPACES

1 “Doctors Make a Raid: Many Persons in Little Italy Are Forcibly Vaccinated,” NYT, Feb. 2, 1901,1, 10. None of the Caballo family members, nor Antoinette Alvena, appeared in the 1900 or 1910 census. I was unable to find any further information about them.

2 “Doctors Make a Raid.” See also “Smallpox in Little Italy,” NYT, Jan. 31, 1901, 2. “The Weather,” ibid., Feb. 2, 1901, 3.

3 Blauvelt in “Smallpox Scare Is Unwarranted,” NYT, Dec. 29, 1900, 8. See also “New York Library’s Record,” ibid., Jan. 9, 1901, 8; “Smallpox Scare’s Hardships,” ibid., Dec. 29, 1900, 8; “Over a Thousand Vaccinated,” ibid., Jan. 18, 1901, 2; and “Smallpox Rumors Hurt Trade,” NYTRIB, Jan. 8, 1901, 2.

4 Blauvelt in “Army of Vaccinators,” NYT, Dec. 25, 1900, 4.

5 On the social and cultural history of Italian Harlem, see Robert A. Orsi, The Madonna of 115th Street: Faith and Community in Italian Harlem, 1880–1950, 2d ed. (New Haven: Yale University Press, 2002).

6 “War on Disease Germs,” NYT, Jul. 7, 1900, 5. Jacob August Riis, The Children of the Poor (New York: Charles Scribner’s Sons, 1902), 24. John Duffy, The Sanitarians, 207.

7 Dillingham quoted in “Small-Pox, Hid, Now Breaks Out,” NYEW, Jan. 31, 1901, 3. “Smallpox in ‘Little Italy,’” NYTRIB, Feb. 1, 1901, 3. “Smallpox in Little Italy,” NYT, Jan. 31, 1901, 2. “Doctors Make a Raid.”

8 “Doctors Make a Raid.”

9 Ibid.

10 Ibid. Orsi, Madonna, esp. 21–24, 35.

11 “Doctors Make a Raid.”

12 Ibid.

13 Ibid.

14 United States Constitution, Article II, Section 1. For a concise overview of Italian immigration during this period, see Rudolph J. Vecoli, “The Italian Diaspora, 1876–1976,” in The Cambridge History of World Migration, ed. Robin Cohen (Cambridge: Cambridge University Press, 1995), 114–22.

15 U.S. Treasury Department, Immigration Laws and Regulations (Washington, 1900), esp. 12. U.S. Department of Commerce and Labor, Bureau of Immigration, Immigration Laws and Regulations (Washington, 1904). Walter T. K. Nugent, Crossings: The Great Transatlantic Migrations, 1870–1914, reprint ed. (Bloomington: Indiana University Press, 1995), 27–33.

16 William Pencak, “General Introduction,” in Immigration to New York, ed. William Pencak et al. (Philadelphia: Balch Institute Press, 1991), xiii. Mary Elizabeth Brown, “ ‘. . . The Adoption of the Tactics of the Enemy’: The Care of Italian Immigrant Youth in the Archdiocese of New York During the Progressive Era,” in ibid., 109–10. Alan M. Kraut, Silent Travelers, esp. 51–52.

17 Sean Dennis Cashman, America in the Age of Titans: The Progressive Era and World War I (New York: NYU Press, 1988), 155–57. See also William J. Rorabaugh et al., America’s Promise: A Concise History of the United States (Lanham, MD: Rowman & Littlefield Publishers, Inc., 2004), 400. Nugent, Crossings, 31–33. On steerage journeys from Asia to San Francisco, see Robert Eric Barde, Immigration at the Golden Gate: Passenger Ships, Exclusion, and Angel Island (Westport, CT: Praeger, 2008).

18 Journalist quoted in Nancy Foner, From Ellis Island to JFK: New York’s Two Great Waves of Immigration (New Haven: Yale University Press, 2000), 31; ibid., 29–32.

19 “Carriers by Water—Their Relations with Passengers,” CLJ, 52 (Jan. 25, 1901), 66. U.S. Treasury Department, Public Health and Marine-Hospital Service, Handbook for the Ship’s Medicine Chest, by George W. Stoner, 2d ed. (Washington, 1904), 24. “U.S. Quarantine Laws and Regulations,” in USSGPHMHS 1894, 242. 29th U.S. Congress, 1st Session, H.R. Doc. No. 182, “Surgeons on Packet Ships,” Apr. 6, 1846, 2. See “Smallpox at Sea” [from London Times], NYT, Aug. 4, 1891; “Pestship in the Offing,” ibid., Aug. 29, 1896, 9.

20 Excerpt from Annual Report of the Commissioners of Immigration, State of New York (1868), in Immigration: Select Documents and Case Records, ed. Edith Abbott (Chicago: University of Chicago Press, 1924), 44, 45, 46. For an earlier (1845) call for a law requiring surgeons aboard immigrant ships, see “Surgeons on Packet Ships,” 3.

21 Congressional debate on “A Bill to Regulate the Carriage of Passengers by Sea,” in Abbott, ed., Immigration, 54, 53. 47th Congress, 1st Session, H.R. Doc. No. 118, “Introduction of Contagious and Infectious Diseases into the United States,” Mar. 13, 1882, 2. “Vaccinating Immigrants: A New Move by the National Board of Health,” WP, Aug. 31, 1881, 4. On the 1878 law, see U.S. Department of State, Commercial Relations of the United States with Foreign Countries (Washington, 1887), vol. 2: 1865–1866.

22 “Report of the Health-Officer of the Port of New York,” SCI, 13 (Apr. 19, 1889), 304. “Vaccination of Immigrants,” MR, Nov. 11, 1882, 550.

23 F. Scrimshaw to William Tebb, May 7, 1883, in William Tebb, Compulsory Vaccination in England: With Incidental References to Foreign States (London: E. W. Allen, 1884), 48. On New York, see “An Act for the Protection of the Public Health,” in Department of State, Commercial Relations of the United States, vol. 2: 1929–30. On Boston, see O’Brien v. Cunard Steamship Company, 154 MA 272 (1891). California had long had such a policy for San Francisco, but it only applied to ships with smallpox aboard or ships arriving from an infected port. See “Health and Quarantine Regulations for the City and Harbor of San Francisco,” CALBOH 1890–92, 192–98.

24 See Jimmy Casas Klausen, “Room Enough: America, Natural Liberty, and Consent in Locke’s Second Treatise,” Journal of Politics, 69 (2007), 760–69.

25 O’Brien v. Cunard Steamship Company, 154 MA 272 (1891). This accounts draws upon the records from the case—including the plaintiff ’s list of exceptions and the briefs from both sides—in Massachusetts Reports, Papers and Briefs, SLL.

26 O’Brien v. Cunard Steamship Company, 154 MA 272 (1891).

27 O’Brien also claimed that the vaccination had been negligently performed, causing an eruption of blisters over her body. The Supreme Judicial Court absolved the Cunard Steamship Company from any responsibility, insisting that under the federal law steamship companies had done all that was required when they provided a competent medical practitioner; “[t] he work the physician or surgeon does in such cases is under the control of the passengers themselves.” O’Brien v. Cunard Steamship Company, 154 MA 272, 276 (1891).

28 “The United States Public Health and Marine-Hospital Service,” JAMA, 43 (1904): 809–11.

29 “United States Quarantine Laws and Regulations,” USSGPHMHS 1894, 252, 247, 240–41.

30 Alan M. Kraut, “Plagues and Prejudice: Nativism’s Construction of Disease in Nineteenth- and Twentieth-Century New York City,” in Hives of Sickness: Public Health and Epidemics in New York City, ed. David Rosner (New Brunswick, NJ: Rutgers University Press, 1995), 65–90, esp. 69.

31 “Smallpox on Cunard Liner,” NYT, June 19, 1900, 7. This practice continued for years. See “Vaccinate 1,045 Immigrants,” ibid., Oct. 25, 1909, 4. See Samuel W. Abbott, “Vaccination,” in A Reference Handbook of the Medical Sciences, vol. 8: 147.

32 Amy L. Fairchild, Science at the Borders: Immigrant Medical Inspection and the Shaping of the Modern Industrial Labor Force (Baltimore: The Johns Hopkins University Press, 2003), 125.

33 Alfred C. Reed, “Going Through Ellis Island,” PSM, Jan. 1913, 5–18. Kraut, “Plagues and Prejudice,” 69. Nancy Foner, et al., eds., Immigration Research for a New Century: Multidisciplinary Perspectives (New York: Russell Sage Foundation, 2000), 96–99.

34 USSGPHMHS 1903, 20. Kraut, “Plagues and Prejudice,” 69, 70. Kraut, Silent Travelers, 55.

35 PHR, 14 (Feb. 24, 1899), 240, 241.

36 PHR, 14 (Mar. 3, 1899), 281. Ibid., 14 (Mar. 24, 1899), 390. Ibid., 14 (Feb. 24, 1899), 242. Ibid., 14 (Mar. 10, 1899), 311. Ibid., 14 (Mar. 31, 1899), 423. See Carlos E. Cuéllar, “Laredo Smallpox Riot,” Handbook of Texas Online,http://www.tshaonline.org/handbook/online/articles/LL/jcl1.html (accessed April 15, 2009). See also John McKiernan, “Fevered Measures: Race, Communicable Disease, and Community Formation in the Texas-Mexico Border” (PhD diss, University of Michigan, 2002). Howard Markel and Alexandra Minna Stern, “The Foreignness of Germs: The Persistent Association of Immigrants and Disease in American Society,” Milbank Quarterly, 80 (2002), 765.

37 “Copy of letter addressed on October 2 [1905] by the vice-consul of France, at Colon, to the secretary of foreign affairs, Paris (American section),” in 59th Congress, 1st Session, Senate Doc. No. 127, Part 2: Isthmian Canal. Message from the President of the United States, Transmitting Certain Papers to Accompany His Message of January 8, 1906 ( Washington, 1906), 60. “Clubbed by Police,” WP, Oct. 2, 1905, 1. “No Vaccine for Them They Said,” El Águila de Puerto-Rico, Oct. 3, 1905, 1. See also “Club Canal Workmen to Force Them to Land,” NYT, Oct. 2, 1905, 1; “Laborers Who Leaped Overboard Safe,” ibid., Oct. 3, 1905, 6. Leon Pepperman, Who Built the Panama Canal? (New York: E. P. Dutton & Company, 1915), 273–74. See generally Julie Greene, The Canal Builders: Making America’s Empire at the Panama Canal (New York: The Penguin Press, 2009), 39–43.

38 Gustave Anguizola, “Negroes in the Building of the Panama Canal,” Phylon, 29 (1968), 351–59, esp. 355. See James C. Scott, Weapons of the Weak: Everyday Forms of Peasant Resistance (New Haven: Yale University Press, 1985); and idem, Domination and the Arts of Resistance: Hidden Transcripts (New Haven: Yale University Press, 1990).

39 James Nevins Hyde, “The Late Epidemic of Smallpox in the United States,” PSM, 59 (Oct. 1901), 567. “School Vaccinations,” American Medicine, précis in MR, Oct. 4, 1902, 547.

40 Dutch Doctor Barnes, “How to Produce a Scar Resembling Vaccination,” Medical Talk, 5 ( 1904), 308. This article was reprinted numerous times in journals sympathetic or dedicated to the cause of antivaccinationism, including The Liberator. “How to Produce a Scar Resembling Vaccination,” The Liberator, March 1908, reprinted in A Stuffed Club: A Journal of Rational Therapeutics, Part I, ed. John H. Tilden, orig. 1908, reprinted (Whitefish, MT: Kessinger Publishing, 2003), 56. FBOH 1904, 69. See Nadav Davidovitch, “Negotiating Dissent: Homeopathy and Anti-Vaccinationism at the Turn of the Twentieth Century,” in The Politics of Healing, ed. Robert D. Johnston, 24–25.

41 Chapin, Municipal Sanitation, 573–80, esp. 579. Abbott, “Vaccination,” 120, 126.

42 Freund, Police Power, 109, 116.

43 Edwin Grant Dexter, A History of Education in the United States (New York: The Macmillan Company 1904), appendices. Chapin, Municipal Sanitation, 575–78.

44 Hunter Boyd in Proceedings of the National Conference of Charities and Correction at the Thirtieth Annual Session Held in the City of Atlanta, May 6–12, 1903 (1903), 110. George M. Kober, “The Progress and Tendency of Hygiene and Sanitary Science in the Nineteenth Century,” JAMA, Jun. 8, 1901, 1624. “Medical Inspection in the Schools,” NYT, Sept. 27, 1903, 6. See Judith Sealander, The Failed Century of the Child: Governing America’s Young in the Twentieth Century (New York: Cambridge University Press, 2003); and David Tyack, “Health and Social Services in Public Schools: Historical Perspectives,” The Future of Children, 2 (Spring 1992), 19–31.

45 “Vaccination Certificate Frauds,” NYT, May 9, 1904, 8. “Vaccination,” CT, reprinted in NYT, Jun. 24, 1900, 20. “Led Scarless Kids to School,” AC, Dec. 5, 1902, 2.

46 Martin Friedrich, “How We Rid Cleveland of Smallpox,” CMJ, 1 (Feb. 1902), 78. See also “Compulsory Vaccination Upheld,” NYT, Sept. 1, 1901, 8; “Vaccination Stirs Revolt,” ibid., Feb. 5, 1906, 1; “Teacher Must Be Vaccinated,” ibid., Nov. 15, 1901, 7. “Teachers Opposed Vaccination Census,” PMJ, 9 (Mar. 8, 1902), 42.

47 “New Jersey Smallpox Panic,” NYT, Dec. 8, 1901, 8. “Smallpox Scare’s Hardships,” ibid., Dec. 29, 1900, 8. “Smallpox in the State,” PMJ, 9 (Feb. 1, 1902), 195.

48 On labor law during this period, see generally, William E. Forbath, Law and the Shaping of the American Labor Movement (Cambridge, MA: Harvard University Press, 1991).

49 “Over a Thousand Vaccinated,” NYT, Jan. 18, 1901, 2. On railroads’ liability, see “Agency—Notice to Agent Is Notice to Principal—Liability of Carrier,” in “Recent Decisions,” Columbia Law Review , 7 (May 1907), 360. For examples of compulsion, see (re: United Traction Company of Albany, New York) “To Vaccinate 500 Street Railway Men,” NYT, Jan. 17, 1901, 5; and (re: Pennsylvania RR Corp.), “Vaccination,” NYT, Dec. 18, 1903, 8. “Orders 300,000 Vaccinated,” CT, Feb. 14, 1903. On the Frick Company, see American Iron and Steel Institute, Directory to the Iron and Steel Works of the United States (Philadelphia, 1904), 72–73.

50 “Factory Girls’ Resistance,” NYT, Apr. 12, 1901, 3.

51 Martin Friedrich, “How We Rid Cleveland of Smallpox,” CMJ, 1 (Feb. 1902): 77–78. “Smallpox at Stockport,” NYT, June 16, 1900, 10.

52 “Miners Resist Vaccination,” NYT, Apr. 25, 1902, 1.

53 “Wage War on Smallpox,” CT, Feb. 4, 1902, 2. “Smallpox in Chicago,” PMJ, 9 (Feb. 22, 1902), 344. “Roads to Fight Smallpox,” NYT, Feb. 14, 1902, 2.

54 MBOH 1899–1901, 3–4. “Compulsory Vaccination for Rhode Island,” PMJ, 9 (Mar 1902), 386. “In Senate,” Chicago Medical Recorder, 20 (June 1901): 604.

55 JAMA, Jun. 15, 1901, 1712. Journal of Proceedings of the Forty-Fifth Session of the Wisconsin Legislature, 1901 (Madison, WI, 1901), 926. “Compulsory Vaccination,” Wasatch Wave (Utah), Feb. 1, 1901. General Laws of the State of Minnesota, Passed During the Thirty-Third Session of the State Legislature (St. Paul, 1903), ch. 299, 530.

56 “Topics of the Times,” NYT, Jan. 19, 1901, 8. James Colgrove, “Between Persuasion and Compulsion: Smallpox Control in Brooklyn and New York, 1894–1902,” BHM, 78 (2004), 372. “Compulsory Vaccination,” PMJ, 9, Mar. 15, 1902, 466. “Smallpox in Hospitals,” NYT, Mar. 14, 1902, 2.

57 NYCBOH 1901, 12.

58 NYCBOH 1902, 18. Ernest J. Lederle, “Municipal Suppression of Infection and Contagion,” North American Review, 174 (June 1902), 769–77.

59 NYCBOH 1902, 8, 92. “Physician Badly Scares Trolley Car Passengers,” NYT, Mar. 28, 1902, 1. “Smallpox Panic in Harlem,” NYT, Apr. 28, 1902, 2.

60 “Smallpox Patient Taken from Tenement,” NYT, Nov. 23, 1902, 19.

61 NYCBOH 1903, 8–9, 62, 238.

62 “Keeping the Health of a City,” Scientific American, 89 (Oct. 10, 1903), 254.

63 “Fusion Campaign Cards,” NYT, Oct. 9, 1903, 2. See also “Citizens’ Union Campaign,” ibid., Sept. 21, 1903, 2; and “Mayor Low’s Superb Administration,” ibid., Oct. 12, 1903, 1. “Dr. E. J. Lederle Dies in Sanitarium,” ibid., Mar. 15, 1921, 11.

64 “Compulsory Vaccination,” CT, Mar. 13, 1899, 6; “Wages War on Smallpox,” ibid., Jan. 28, 1900, 34. “The Cambridge Smallpox Epidemic,” MN, June 28, 1902, 1230. “Virus Squad Out,” BG, Nov. 18, 1901, 7. BOSHD 1901, 45.

65 Carl Lorenz, Tom L. Johnson: Mayor of Cleveland (New York: A. S. Barnes Company, 1911), 57–58. Friedrich, “How We Rid Cleveland,” 78.

66 Friedrich, “How We Rid Cleveland,” 88. Annual Report of the Public Health Division, Department of Police, of the City of Cleveland, Ohio, For the Year Ending December 31st, 1901 (Cleveland, 1902), 5, 16.

67 Belt quoted in Friedrich, “How We Rid Cleveland,” 87. Ibid., 89. “Editorial: Smallpox, Vaccination and Disinfection,” CMJ, 1 (Feb. 1902), 119–20. “How Cleveland Stamped Out Smallpox Without Vaccination,” PMJ, 10 (Oct. 11, 1902), 486. For examples of antivaccinationists’ praising Friedrich’s disinfection campaign, see B. O. Flower, “How Cleveland Stamped Out Smallpox,” Arena, 27 (Apr. 1902), 426–29; C. F. Nichols, Vaccination: A Blunder in Poisons, 2d ed. (Boston: Blackwell and Churchill Press, 1902), 22–28.

68 Friedrich in Annual Report of the Department of Public Health of the City of Cleveland, Ohio, For the Year Ending December 31st, 1903 (Cleveland, 1904), 937–42, esp. 937. “Vaccination Is the Only Remedy,” Cleveland Plain Dealer, Jun. 20, 1902. Annual Report of the Department of Police, Public Health Division of the City of Cleveland, Ohio, For the Year Ending December 31, 1902 (Cleveland, 1903), 20. “Vaccinate!” CMJ, 1 (May 1902): 279–80. “The Smallpox Situation,” ibid., 1 (July 1902): 383. “How Cleveland Was Rid of Smallpox?” ibid., 1 ( 1902): 470–73. “Smallpox Decreasing,” ibid., 1 (Dec. 1902): 568. “Vaccination in Cleveland,” ibid., 1 (Dec. 1902): 571–72. “The Smallpox Situation in Ohio,” ibid., 2 (Feb. 1903): 96–97.

69 “Smallpox in the State,” PMJ, 9 (Jan. 25, 1902), 155.

70 On Roseto, see Stewart Wolf and John G. Bruhn, The Power of Clan: The Influence of Human Relationships on Heart Disease (Piscataway, NJ: Transaction Publishers, 1998), esp. 13–24.

71 Leroy Parker and Robert H. Worthington, The Law of Public Health and Safety, and the Powers and Duties of Boards of Health (Albany, NY: Matthew Bender, 1892), 131. See “Many Tricks of the Ignorant Poor to Hide Contagious Diseases from the Health Board,” NYTRIB, Aug. 2, 1903, 3. See also “Girl Hid from Vaccinators,” NYT, Mar. 14, 1901, 3; “Smallpox Nest in Brooklyn,” ibid., Mar. 20, 1901, 2; “Defies the Health Board,” ibid., Jul. 14, 1901, 3.

72 Chapin, Municipal Sanitation, 607–8.

73 “New Orleans Pesthouse,” NYT, Apr. 1, 1900, 2. “Lay All Blame on Pest House,” Salt Lake Herald, Jun. 2, 1903, 2. “At North Brother Island,” NYT, Jun. 16, 1901, 20. “Wrong Body Sent Home,” ibid., Nov. 25, 1901, 11.

74 Kirk v. Board of Health, 83 S.C. 372 (1909), 374, 384, 383. Samuel W. Abbott, “Legislation with Reference to Small-Pox and Vaccination,” MC, Jan. 1, 1902, 155.

75 “Hospital Spread of Smallpox,” JAMA, June 16, 1894, reprinted in ibid., June 15, 1994, 1812. “AirBorne Smallpox,” Scientific American Supplement, 1422 (Apr. 4, 1903): 22737–38. London Times quoted in ibid., 22737.

76 NCBOH 1903–04, 16 (recalling Durham episode circa 1899). “North Side Men Indignant,” Omaha Daily Bee, Jan. 17, 1899, 5; “Object to the Pest House,” ibid., Jul. 11, 1899, 7. “Fire Destroys Pest House,” ibid., Nov. 9, 1899, 12; “Cause of Action Burned,” ibid., Nov. 14, 1899, 7. On Houston, see “City Council Meeting,” Houston Daily Post, Nov. 21, 1899, 6. On Union County, see “Here and There,” Hopkinsville Kentuckian, Apr. 17, 1900, 8. On Bradford, see “Pest House Fired by Mob,” AC, Apr. 12, 1901, 3. On Turtle Creek, see “Quaker Mob Defies Sheriff,” AC, May 14, 1900, 1.

77 “Tried to Burn a Smallpox Hospital,” NYT, Mar. 10, 1901, 3. “Police at Orange Hospital,” ibid., Mar. 11, 1901, 3. “Smallpox Hospital Razed by Mob,” ibid., Mar. 12, 1901, 2. “Hospital Ruins Set on Fire,” ibid., Mar. 13, 1901, 2.

78 “The Outrage at Orange,” ibid., Mar. 13, 1901, 8. “Orange’s Smallpox Hospital,” ibid., Mar. 14, 1901, 3. “Plea of an Orange Resident,” ibid., Mar. 15, 1901, 8.

79 Potts v. Breen, 167 Ill. 67, 76 (1897).

80 Jack London, War of the Classes (New York: Macmillan Co., 1905), 276–77.

81 Ibid. Jack London, The Road (New York: Macmillan, 1907, 1916), 74–97, esp. 90.

82 London, The Road, 90.

SEVEN:THE ANTIVACCINATIONISTS

1 “The Smallpox Versus Dr. Pfeiffer,” MN, Feb. 22, 1902, 363. “The Case of Dr. Pfeiffer,” BMSJ, 146 (1902): 201–11.

2 “Quarantine More Rigid,” BG, Nov. 26, 1901, 4. Durgin repeated his challenge at the annual meeting of the Massachusetts boards of health; “Smallpox Talk,” ibid., Jan. 31, 1902, 2.

3 BOSHD 1901, 43–45. “Smallpox in Roxbury,” BG, May 18, 1901, 9. “First Death from Smallpox,” ibid., Oct. 27, 1901, 16. “Boston’s Weekly Health Report,” ibid., Nov. 3, 1901, 16. “Ninety Percent Not Vaccinated,” ibid., Nov. 23, 1901, 11. “Eight New Cases,” ibid., Nov. 25, 1901, 8. “Virus Squad Out,” ibid., Nov. 18, 1901, 7. See Michael Albert et al., “The Last Smallpox Epidemic in Boston and the Vaccination Controversy, 1901–1902,” NEJM, 344 (Feb. 1, 2001), 375–79; and Michael Albert et al., “Smallpox Manifestations and Survival during the Boston Epidemic of 1901 to 1903,” AIM, 137 (Dec. 17, 2002): 993–1000. In a study of surviving medical files from the Southampton Street hospital, Albert et al. concluded that “the Boston epidemic was caused by the classic variola major form” of the smallpox virus. Ibid., 993.

4 “Vaccination Is the Curse of Childhood,” antivaccination circular distributed during the epidemic of smallpox in Boston, 1901, Countway Library of Medicine, Harvard University, http://pds.lib.harvard.edu/pds/view/5817279, accessed Jul. 8, 2009. Samuel W. Abbott, “Legislation with Reference to Small-Pox and Vaccination,” MC, 19 (1902), 163.

5 “Retirement of Dr. Samuel H. Durgin from the Boston Board of Health,” AJPH, 2 (May 1912): 384–95; C. V. Chapin, “Doctor Samuel H. Durgin,” ibid., 357–58. “Vaccination Is the Curse.”

6 “Pfeiffer Yet Alive,” BG, Feb. 10, 1902, 1. “Wonderful, But True,” advertisement, ibid., Jul. 22, 1900, 22. “His Long Fast Broken,” ibid., Mar. 27, 1900, 6. “Dr. Pfeiffer Protests,” ibid., Apr. 29, 1901, 8. “Dr. Pfeiffer Has Smallpox,” ibid., Feb. 9, 1902, 1. “In the Interest of Science, Boston Physician Fasts a Month,” SFC, Aug. 24, 1901, 6. Pfeiffer’s interest in free speech made him known to the radical Emma Goldman, who nursed him in 1904, when he was stricken with pneumonia. Emma Goldman to Alexander Berkman, Jan. 18, 1904, in Emma Goldman: A Documentary History of the American Years: Making Speech Free, 1902–1909, ed. Candace Falk (Urbana: University of Illinois Press, 2008), vol. 2: 129. On Our Home Rights, see “Exchanges,” Metaphysical Magazine, Jan. 1902, 77–78. Tenth Census of the United States (1880): Schedule 1—Population: Franklin, Gloucester, New Jersey, Enumeration District No. 92.

7 “Its Big Benefits,” BG, Dec. 20, 1901, 5. “Dr. John H. McCollom,” NYT, Jun. 15, 13. Advertisement for Harvard University Medical Department, BMSJ, 143 (Nov. 22, 1900), 34. See, e.g., C.-E. A. Winslow, “The Case for Vaccination,” SCI, new ser., 18 (1903): 101–7.

8 “Its Big Benefits.”

9 Pfeiffer to Durgin, quoted in “Smallpox Versus Dr. Pfeiffer,” 363.

10 Figures from BOSHD 1901, 44–45. Quote from BOSHD 1902, 36. “Smallpox Decreasing,” BG, Dec. 27, 1901, 7.

11 William N. Macartney, Fifty Years a Country Doctor (New York: E. P. Dutton & Company, 1938), 245. “Pfeiffer Yet Alive,” BG, Feb. 10, 1902, 1. “Funeral Friday of Dr. Paul Carson,” ibid., Nov. 28, 1923, 6.

12 Commonwealth of Massachusetts, The Journal of the Senate for the Year 1902 (Boston, 1902), 333. “Dr. Pfeiffer Has Smallpox.”

13 “Current Comment,” PMJ, 9 (Jan. 4, 1902), 5. Macartney, Fifty Years, 246. KBOH 1898–99, 98. California State Medical Journal, January 1905, quoted in FBOH 1904, 114. Dr. James Nevins Hyde, “The Late Epidemic of Smallpox in the United States,” PSM, 59 (Oct. 1901), 565. Michael Specter, “The Fear Factor,” New Yorker, Oct. 12, 2009, 39.

14 C. F. Nichols, Vaccination: A Blunder in Poisons, 61. “Opposed to Vaccination,” NYT, Mar. 29, 1902, 10. The threat of gunplay was a cliché of manly antivaccinationist speech. “I would stand in my door with a Winchester and a brace of six-shooters and forbid any such outrages upon my family, if it cost me my life. Every other free, brave man would do the same.” “Vaccination Tyranny,” The Life (“A monthly magazine of Christian metaphysics”), November 1905, 222–23.

15 Samuel W. Abbott, The Past and Present Conditions of Public Hygiene and State Medicine in the United States (Boston: Wright & Potter, 1900).

16 John Pitcairn, Vaccination (Anti-Vaccination League of Pennsylvania, 1907), 8. “John Pitcairn,” NYT, Jul. 23, 1916, 17. Following historian Steven Hahn, I am employing “a broad understanding of politics and the political that is relational and historical, and that encompasses collective struggles for what might be termed socially meaningful power.” A Nation Under Our Feet, 3. See James C. Scott, Domination and the Arts of Resistance.

17 “Will Ignore Leverson,” NYT, Aug. 17, 1900, 2. “Defies the Health Board,” ibid., Jan. 7, 1901, 2. “To Lead Fight on Vaccination,” CT, Jan. 6, 1901, A2. For a revealing study of late nineteenth-century libertarian radicalism in America, see David M. Rabban, Free Speech in Its Forgotten Years, esp. 23–76. On the transformation of governance in the Progressive Era, see Michael Willrich, City of Courts.

18 “An Anti-Vaccination Riot in Montreal,” MR, 28 (Oct. 3, 1885), 380. Jeffrey D. Needell, “The Revolta Contra Vacina of 1904: The Revolt Against ‘Modernization’ in Belle-Epoque Rio de Janeiro,” Hispanic American Historical Review, 60 (1980): 431–49.

19 “The Hon. Frederick Douglass,” Vaccination Inquirer and Health Review (London), 4 (Mar. 1883), 200. (Excerpt from an 1882 letter.) Paul Finkelman, “Garrison’s Constitution: The Covenant of Death and How It Was Made, Prologue, 32 (Winter 2000), http://www.archives.gov/publications/prologue/2000/winter/garrisons-constitution-1.html, accessed Jun. 12, 2009. Pfeiffer quoted in “Exchanges,” in Metaphysical Magazine, Jan. 1902, 77. J. W. Hodge, The Vaccination Superstition: Prophylaxis to Be Realized Through the Attainment of Health, Not by the Propagation of Disease (read before the Western New York Homeopathic Medical Society in Buffalo, Apr. 11, 1902), pamphlet held at CHM, 49. “Dr. Jas. M. Peebles Dies, Almost 100,” NYT, Feb. 16, 1922, 12. On British antivaccinationists and their appropriation of abolitionist rhetoric, see Durbach, Bodily Matters, esp. 83–84. The papers of William Lloyd Garrison, Jr., including two boxes of materials on “Anti-Vaccination” (Boxes 176 and 177), are part of GFP.

20 “The Anti-Vaccinationists,” Northwestern Lancet (Minneapolis), 21 (Feb. 1, 1901), 61. On the groups cited between 1879 and 1900, see Martin Kaufman, “The American Anti-Vaccinationists and Their Arguments,” BHM, 50 (1976), 465–66. Membership numbers for 1901 from Brooklyn Daily Eagle Almanac, 1901 (Brooklyn, 1901), 308. On California: “Question of Compulsory Vaccination,” SFC, Oct. 16, 1904, 7. On Colorado: “Medical legislation in Colorado.” NYMJ, Mar. 2, 1901, 378. On Connecticut: “The Anti-Vaccinators of Connecticut,” by “One Who Knows Them,” American Medical Journal, 31 (Jan. 1903), 9–12. On Massachusetts: see the Massachusetts Anti-Compulsory Vaccination Society’s 1902 pamphlet, “A Vaccination Crusade and What There Is in It” GFP, Box 177, Folder 8. On Minnesota: “Sanitation and Legislation in Minnesota,” St. Paul Medical Journal, 5 (June 1903), esp. 456–57. On Missouri: “Vaccination Tyranny,” The Life (“A monthly magazine of Christian metaphysics”), November 1905, 222–23. On Pennsylvania: Pitcairn, Vaccination. On Utah: “Vaccination War On,” SLH, Jan. 24, 1901, 8. On Berkeley: “Bitter Fights Against Law,” SFC, Aug. 12, 1904, 4. On Cleveland: “Medical News,” CMJ, 2 (Mar. 1903), 164. On Milwaukee: Leavitt, Healthiest City, 94, 267. On St. Paul: J. W. Griggs, of the AntiVaccination Society of St. Paul, to William Lloyd Garrison, Oct. 26, 1904, GFP, Box 176, Folder 14. On the General Federation of Women’s Clubs, see Theda Skocpol, Protecting Soldiers and Mothers.

21 Leo Tolstoy to William Tebb, quoted in Antivaccination News and Sanatorian (New York), June 1895, 7, GFP, Box 176, Folder 11. [George] Bernard Shaw, Collected Letters: 1874–1897, ed. Dan H. Laurence (New York: Viking, 1965), 448. Alfred Russel Wallace, “Vaccination a Delusion—Its Penal Enforcement a Crime,” in idem, The Wonderful Century: Its Successes and Its Failures (New York: Dodd, Mead and Company, 1898), 232. Vaccination was edited by F. D. Blue and published for the Anti-Vaccination Society of America as “a journal of health, justice and liberty, that tells the truth about vaccination.” The Liberator was the official organ of the Minnesota Health League and billed as “a monthly journal devoted to freedom from medical superstition and tyranny.” Its editor, from 1902 to 1907, was Lora C. Little. See William Tebb, Sanitation, Not Vaccination, the True Protection Against Small-Pox, A Paper Read Before the Second International Vaccination Congress at Cologne, October 12th, 1881 (London, n.d.), CHM. “Antivaccination Movement,” MN, Feb. 11, 1899, 178. On Harry Weinberger’s career as an antivaccination attorney during the 1910s, see HWP, esp. Box 21, Folders 3–11, Box 48, Folders 4–14.

22 Nadja Durbach, “ ‘They Might as Well Brand Us’: Working-Class Resistance to Compulsory Vaccination in Victorian England,” Social History of Medicine, 13 (2000): 45–62. Durbach, “Class, Gender, and the Conscientious Objector to Vaccination, 1898–1907,” Journal of British Studies, 41 (2002): 58–83. Durbach, Bodily Matters, 197.

23 Martin Kauffman was perhaps the first scholar to point out the connection between antivaccinationism and the licensure issue in the United States. Kauffman mistakenly concluded that this was practically all there was to antivaccinationism, and he saw the licensure debate as largely a professional grievance, rather than a larger struggle for freedom of belief. Kauffman, “American Anti-Vaccinationists.”

24 R. Swinburne Clymer, Vaccination Brought Home to You (Terre Haute, IN: Frank D. Blue, 1904), 27. On the history of alternative medicine, see esp. John Duffy, From Humors to Medical Science, 80–94; Johnston, ed., Politics of Healing; and James C. Whorton, Nature Cures: The History of Alternative Medicine in America (New York: Oxford University Press, 2004).

25 Massachusetts Sanitary Commission, Report of a General Plan for the Promotion of Public and Personal Health (Boston, 1850), 58.

26 Charles E. Rosenberg, The Cholera Years: The United States in 1832, 1849, and 1866 (Chicago: University of Chicago Press, 1962), 161. Whorton, Nature Cures, 9–19.

27 Whorton, Nature Cures, 69, 133, esp. 134.

28 John Duffy, The Sanitarians, 153. Whorton, Nature Cures, 135–39.

29 “American Medical Association Advising Compulsory Vaccination,” Indiana Medical Journal, 18 (May 1900), 470. See Leslie J. Reagan, “Law and Medicine,” in The Cambridge History of Law in America, ed. Michael Grossberg and Christopher Tomlins (New York: Cambridge University Press, 2008), vol. 3, 232–67.

30 Davidovitch, “Negotiating Dissent,” esp. 13. J. W. Hodge, “The Decline in Smallpox Which Preceded and Accompanied the Introduction of Vaccination—To What Was It Due?,” Medical Visitor, 19 (June 1903), 269. New England Eclectics quoted in Alexander Wilder, “From ‘Vaccination,’ ” Health, Oct. 1901, 340. Clymer, Vaccination Brought Home to You. “The Late Dr. T. V. Gifford,” Phrenological Journal, 116 (Nov. 1903), 164.

31 Whorton, Nature Cures, 19. Johnston, “Introduction,” in Politics of Healing, 1–11.

32 Jenny Franchot, “Spiritualism,” in A Companion to American Thought, ed. Richard Wightman Fox and James T. Kloppenberg (Cambridge, MA: Wiley, 1995), 650–51. “Smallpox in Zion City,” NYT, Aug. 12, 1904, 7. Henry Warner Bowden, “Dowie, John Alexander,” http://www.anb.org/articles/08/08-00399.html, American National Biography Online Feb. 2000, accessed June 9, 2009.

33 State ex rel. Adams v. Burdge, 95 Wis. 390 (1897). “Christian Science and Vaccination,” BMJ, 39 (Dec. 1899), 369. “Dies of Disease He Defied,” NYT, Jul. 26, 1902, 5. James Colgrove, State of Immunity, 57.

34 Whorton, Nature Cures, 135. Mary Baker Eddy, “Obey the Law,” Christian Science Journal, 18 (Mar. 1901), 724. “Christian Scientists’ Change of Front,” ibid., Nov. 14 ,1902, 2. “Christian Science Did It,” NYT, Aug. 19, 1903, 1. See John C. Myers, “Christian Science and the Law,” Law Notes, 12 (April 1908), 5–6.

35 Griggs, introduction to Lora C. Little, Crimes of the Cowpox Ring: Some Moving Pictures Thrown on the Dead Wall of Official Silence (Minneapolis: The Liberator Pub. Co., 1906), 3. Clymer, Vaccination Brought Home to You, 6. Piehn’s story is told in D. D. Palmer and B. J. Palmer, The Science of Chiropractic: Its Principles and Adjustments (Davenport, IA: The Palmer School of Chiropractic, 1906), 377–79. On Pitcairn, see Colgrove, State of Immunity, 52–53.

36 “Anti-Vaccination League,” NYT, Jan. 6, 1901, 5. BOSHD 1902, 36.

37 Quoted in Andrew Dickson White, “New Chapters in the Warfare of Science: XII. Miracles and Medicine,” Part II, PSM, June 1891, 161. C. W. Amerige, Vaccination a Curse (n.p., 1895).

38 Alfred Milnes, What About Vaccination? The Vaccination Question Plainly Put and Plainly Answered (London: The Anti-Vaccination League, 1893), 20.

39 J. W. Hodge, “The Decline in Smallpox Which Preceded and Accompanied the Introduction of Vaccination—To What Was it Due?,” Medical Visitor, 19 (June 1903), 252–78, esp. 261, 276. See Milnes, What About Vaccination?, 14–18; Charles Creighton, “Vaccination,” Encyclopedia Britannica , 9th ed. (London, 1888); Edgar Crookshank, “Professor Crookshank’s Evidence Before the Royal Vaccination Commission,” BRMJ, 2 (1894), esp. 618.

40 Hodge, “Decline in Smallpox,” 258, 276.

41 Pitcairn, Vaccination, 4. Wallace, “Vaccination a Delusion,” esp. 271–86. Hodge, Vaccination Superstition , 10, 29–30.

42 Richard L. McCormick, “The Discovery That Business Corrupts Politics: A Reappraisal of the Origins of Progressivism,” American Historical Review, 86 (1981): 247–74. Daniel T. Rodgers, “In Search of Progressivism,” Reviews in American History, 10 (1982), 123–24.

43 Felix Oswald, Vaccination A Crime; With Comments on Other Sanitary Superstitions (New York: Physical Culture Publishing Company, 1901), 4, 98. Little, Crimes of the Cowpox Ring, 6. “Cope, Porter Farquharson, Publicist, Lecturer,” in John W. Jordan, Encyclopedia of Pennsylvania Biography (New York: Lewis Historical Publishing Co., 1914), vol. 2: 696–701, esp. 698.

44 “Medical Monopoly,” Metaphysical Magazine, 8 (1898), 70–77 [From Boston Evening Transcript, Mar. 2, 1898]. Twain quoted in Whorton, Nature Cures, 137.

45 “Medical Monopoly,” 70, 71, 72. “Called Trust Legislation,” BG, Mar. 3, 1898, 7.

46 “Medical Monopoly,” 74, 73, 75. “Against a Medical Trust,” BG, Mar. 8, 1898, 6. William James, The Varieties of Religious Experience: A Study in Human Nature (New York: Longmans, Green, and Co., 1902). Idem, Pragmatism (Cambridge, MA, 1975). For a concise introduction to James’s thought, see James T. Kloppenberg, “James, William,” in A Companion to American Thought, ed. Richard Wightman Fox and James T. Kloppenberg, 346–49.

47 “Dr. Pfeiffer Protests,” BG, Apr. 29, 1901, 8. Commonwealth of Massachusetts, Revised Laws, 1901,1, Ch. 76, Sec. 9.

48 “Plan War on Vaccine,” WP, Feb. 10, 1910, A2. “Antivaccination,” MN, May 25, 1895, 586. Editorial, Health, 52 (March 1902): 495–96.

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

50 Little, Crimes of the Cowpox Ring, 5. See Ellen F. Fitzpatrick, ed., Muckraking: Three Landmark Articles (Boston, 1994), 1–39.

51 Little, Crimes of the Cowpox Ring, 74, 18. The best work to date on Little is Johnston, Radical Middle Class, 197–206, esp. 199.

52 Little, Crimes of the Cowpox Ring, 6–7.

53 Ibid., 7–8.

54 Ibid., 12–14, 29. “Victims of State Blood Poisoning,” Liberator, Supplement September 1904, 1, GFP, Box 177, Folder 8. “Vaccination ‘Points,’ ” CC, Aug. 16, 1902, 11. See John H. McCollom, “Vaccination: Accidents and Untoward Effects,” MC, Jan. 1, 1902, 125.

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

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

57 J. W. Hodge, “Is the Compulsory Infliction of the Jennerian Rite by the State, Expedient, Justifiable, or Possible?” Medical Century, 14 (Dec. 1906), 360. “To All Who Care for Human Rights!” Anti-Vaccination News and Sanatorian (New York), June 1895, 3, GFP, Box 176, Folder 11. Little, Crimes of the Cowpox Ring, 62–63.

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

59 See, generally, Willrich, City of Courts.

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

61 Robert Johnston has argued with great insight that American antivaccinationism constituted a “middle-class populism of the body”; Johnston, Radical Middle Class, 178. My own view is that personal liberty concerns loomed larger than populism in most antivaccinationists’ thinking about the politics of public health.

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

63 Michael Willrich, “The Two Percent Solution: Eugenic Jurisprudence and the Socialization of American Law, 1900–1930,” Law and History Review, 16 (1998): 63–111.

64 Little, Crimes of the Cowpox Ring, 62–63.

65 “Anti-Vaccinators of Connecticut,” 9–12.

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

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

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

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

70 “Antis Hold Session.”

71 Laws of the State of Utah, Passed at the Fourth Regular Session Legislature of the State of Utah Held at Salt Lake City, the State Capital, in January, February, and March, 1901 (Salt Lake City, 1901), 15. “Vaccination War On.” “Dr. MacLean’s Startling Challenge to Anti-Vaccinationists,” SLH, Jan. 26, 1901, 1. “Board of Education Defies Board of Health,” ibid., Jan. 26, 1901, 1. Thomas Hull, “Events of the Month,” Improvement Era, Mar. 4, 1901, 397–98.

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

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

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

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

76 “An act to prevent compulsory vaccination and to prevent vaccination being made a condition precedent to school attendance,” General Laws of the State of Minnesota . . . 1903 (St. Paul, 1903), ch. 299. “Sanitation and Legislation in Minnesota,” in section 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 to Vaccination: Smallpox in Sweden in the Eighteenth and Nineteenth Centuries,” Population Studies, 50 (1996): 247–62.

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. 15, 1902, 12.

31 “Test Vaccination Case.” Defendant’s Exceptions in Commonwealth v. Pear, 1903, Massachusetts Reports Papers and Briefs, vol. 183, 2–3, SLL (hereafter “Pear’s SJC Exceptions”).

32 See Akhil Reed Amar, The Bill of Rights: Creation and Reconstruction (New Haven: Yale University Press, 1998).

33 “Test Vaccination Case.” “Pear’s SJC Exceptions,” 2–4.

34 “Stands by Albert M. Pear,” BG, Dec. 2, 1902, 4. “In the Brickyards.”

35 “Discuss Vaccination,” BG, Nov. 4, 1902, 7.

36 “Jacobson’s SJC Exceptions,” 4.

37 Ibid., 2–4.

38 Ibid., 4–6.

39 “Smallpox History.” “An $18.30 Tax Rate,” CC, Aug. 23, 1902, 1. “Smallpox Annihilated,” ibid., Sept. 6, 1902, 5. CAMBOH 1902, 9, 22–26.

40 Brief for the Commonwealth, Commonwealth v. Pear, 1903, Massachusetts Reports Papers and Briefs, vol. 183, SLL, 2 (hereafter “Bancroft SJC Pear Brief”). The language is identical to that in Brief for the Commonwealth, Commonwealth v. Jacobson, 1903, Massachusetts Reports Papers and Briefs, vol. 183, SLL, 4 (hereafter “Bancroft SJC Jacobson Brief”).

41 “Jacobson SJC Brief,” 18–19.

42 “About the Court,” Supreme Judicial Court Web site, http://www.mass.gov/courts/sjc/about-the-court.html, accessed December 21, 2009. Mary Beth Norton, In the Devil’s Snare: The Salem Witchcraft Crisis of 1692 (New York: Knopf, 2002), 290–92. “Ex-Justice Knowlton Dies,” NYT, May 8, 1918, 11.

43 Commonwealth v. Alger, 61 Mass. 53, 84–85 (1851).

44 See generally Ernst Freund, The Police Power: Public Policy and Constitutional Rights (Chicago: University of Chicago Press, 1904); William J. Novak, The People’s Welfare.

45 Roberts v. Boston, 59 Mass. 198, 209 (1849).

46 Barron v. Baltimore, 7 Pet. 243 (U.S., 1833).

47 Slaughter-House Cases, 83 U.S. 36 (1873).

48 United States Constitution, Amendment XIV, Sec. 1.

49 Slaughter-House Cases, 83 U.S. 36, 78, 81 (1873).

50 Slaughter-House Cases, 83 U.S. 36, 87, 88, 122 (1873).

51 Freund, Police Power, v.

52 Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union (Boston: Little, Brown, and Company, 1868). See David P. Currie, The Constitution in the Supreme Court: The Second Century, 1888–1986 (Chicago: University of Chicago Press, 1990), 40–50.

53 Christopher G. Tiedeman, A Treatise on the Limitations of Police Power in the United States (St. Louis: The F. H. Thomas Law Book Co., 1886), 10. See In Re Jacobs, 98 NY 98 (1885); Ritchie v. People, 155 Ill. 98 (1895).

54 Allgeyer v. Louisiana, 165 U.S. 578, 589 (1897). Currie, Constitution in the Supreme Court, 47.

55 See Willrich, City of Courts, esp. ch. 4.

56 “Political Temperaments,” Outlook, Jul. 30, 1904, 728–29. On this crucial point, see also David G. Ritchie, Natural Rights: A Criticism of Some Political and Ethical Conceptions (London: Swan Sonnenschein & Co., 1895). Ritchie observed, “Compulsory education, compulsory vaccination, compulsory notification of infectious diseases, etc., are infringements of the family, but in the interest of the liberty—the real, positive liberty—of the individuals who belong to the family, and of others. If an individual has a certain minimum of education and of protection from gross neglect and from infectious diseases secured to him, he is to that extent more ‘free’ to make what he can of his natural powers and of his opportunities, than if he is entirely at the mercy of ignorant parents, and of dirty, diseased, or fanatical neighbors.” Ibid., 218.

57 Later historians and legal scholars would adopt the progressives’ perspective, emphasizing that “in the early decades of the twentieth century, substantive due process was by and large confined to the protection of economic liberties from government regulation.” See, e.g., “Due Process, Substantive,” in Encyclopedia of American Civil Rights and Liberties, ed. Otis H. Stephens et al. (Westport, CT: Greenwood, 2006), vol. 1, 281.

58 Freund, Police Power, 109, 16.

59 “Compulsory Vaccination and Detention in a Pest House as an Infringement of Personal Liberty,” Central Law Journal, 54 (1902), 361.

60 The school entry cases took two forms. A parent might ask the court to issue an injunction (to enjoin school officials from excluding an unvaccinated child), as Frank Blue did in Blue v. Beach, 155 Ind. 121 (1900). Or a parent might petition the court for a writ of mandamus (to compel school officials to admit an unvaccinated child), as Michael Breen did in Potts v. Breen, 167 Ill. 67 (1897). See also Mathews v. Kalamazoo Board of Education, 127 Mich. 530 (1901); State v. Hay, 126 N.C. 999 (1900); Morris v. Columbus, 102 Ga. 792 (1898); “Teacher Must Be Vaccinated,” NYT, Nov. 15, 1901, 7.

61 Irving Browne, “Inviolability of the Human Body,” Green Bag, 9 (1897): 441–51, esp. 450.

62 Freund, Police Power, 478.

63 Ballard in “Jacobson SJC Brief,” 36.

64 Abeel v. Clark, 84 Cal. 226 (1890).

65 Duffield v. Williamsport School District, 162 Pa. 476, 482 (1894). “Note,” PABOH 1903, vol. II, 918.

66 Duffield v. Williamsport School District, 162 Pa. 476 (1894). Boyd’s Directory of Williamsport, 1899 (Reading, PA, 1899), 167, 402. Historical Sketches of the Bench and Bar of Lycoming County, Pennsylvania (1961), http://www.lycolaw.org/history/sketches/20.htm, accessed January 5, 2010. Tiedeman’s own libertarianism diminished when he contemplated police control of the working class, and he concluded that compulsory vaccination was defensible. Tiedeman, Limitations, 32.

67 Duffield v. Williamsport School District, 162 Pa. 476, 483, 484 (1894).

68 Lawton v. Steele, 152 U.S. 133, 152 (1894).

69 See, e.g., Abeel v. Clark, 84 Cal. 226 (1890); Bissell v. Davison, 65 Conn. 183 (1894); Viemeister v. White, 179 N.Y. 235 (1904). See “Compulsory Vaccination,” Yale Law Journal, 12 (1903): 504–6; “Public Schools: Conditions of Attendance,” ibid., 13 (1904): 261. “Bancroft SJC Jacobson Brief,” 8.

70 Adams v. Burdge, 95 Wis. 390 (1897).

71 Ibid.

72 Adams v. Burdge, 95 Wis. 390, 400, 404, 405 (1897). “Silas U. Pinney (1833–1899),” http://www.wicourts.gov/about/judges/supreme/retired/pinney.htm, accessed January 6, 2010.

73 “Topics of the Times,” NYT, Feb. 27, 1897, 8. Adams v. Burdge, 95 Wis. 390, 399 (1897).

74 Potts v. Breen, 167 Ill. 67, 76 (1897). See also State ex rel. Freeman v. Zimmerman, 86 Minn. 353 (1902). Freund, Police Power, 116. The Kansas Supreme Court went even further, ruling that in the absence of clear legislative authority, a local board of education could not deny admission to an otherwise eligible pupil for failing to be vaccinated. Osborn v. Russell, 64 Kan. 507 (1902).

75 Mathews v. Kalamazoo Board of Education, 127 Mich. 530, 535, 539 (1901).

76 “Note—Right of Boards of Health to Make Vaccination Compulsory,” Central Law Journal, 54 (1902), 56. On the doctrine of overruling necessity, see Novak, People’s Welfare, 72; W. P. Prentice, Police Powers Arising Under the Law of Overruling Necessity (New York: Banks & Brothers, 1894).

77 Godcharles v. Wigeman, Penn. 1886, Atlantic Reporter, 6 (1886), 354–56, esp. 356. “Compulsory Vaccination,” Yaw Law Journal, 10 (1901), 159.

78 “Vaccination Not Compulsory,” NYT, May 6, 1894, 16. “Decision on the Vaccinating Raid,” ibid., May 4, 1895, 9. In the Matter of the Application of William H. Smith et all for a Writ of Habeas Corpus, 146 N.Y. 68, 73, 78 (1895). Smith subsequently sued Brooklyn Health Commissioner Z. Taylor Emery for false imprisonment. The jury rendered a verdict for Smith, but the verdict was reversed on appeal. Smith v. Emery, 42 N.Y.S. 258 (1896).

79 “Bancroft SJC Jacobson Brief,” 9.

80 Morris et al. v. City of Columbus, 102 Ga. 792 (1898). Wyatt v. Rome, 105 Ga. 312 (1898).

81 State v. Hay, 126 N.C. 999, 1000, 1001 (1900).

82 Levin v. Town of Burlington, 129 N.C. 184 (1901).

83 Levin v. Town of Burlington, 129 N.C. 184, 187, 188, 189 (1901).

84 “Compulsory Vaccination and Detention,” 361. “Jacobson SJC Brief,” 12; “Pear SJC Brief,” 12.

85 The court set aside the verdict and ordered a new trial. State v. Hay, 126 N.C. 999, 103 (1900).

86 State v. Hay, 126 N.C. 999, 1005 (1900).

87 State v. Hay, 126 N.C. 999, 1004 (1900). “Jacobson SJC Brief,” 30, 31. “Those who pose a risk to the community can be required to submit to compulsory measures for the common good,” writes Lawrence Gostin of the harm avoidance principle. “The control measure itself, however, should not pose a health risk to its subject.” Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint (Berkeley and Los Angeles: University of California Press, 2000), 69.

88 Wong Wai v. Williamson, 103 F. 1, 7, 10 (1900). Charles J. McLain, In Search of Equality: The Chinese Struggle Against Discrimination in Nineteenth-Century America (Berkeley and Los Angeles: University of California Press, 1994), 234–76. Henry Bixby Hemenway, Legal Principles of Public Health Administration (Chicago: T. H. Flood & Co., 1914), 633: “Few diseases have been more subjected to judicial inquiry than smallpox.” Tobey, Public Health Law (1926), 118: “A few decades ago, it seems as if the bulk of court decisions arose out of conditions in which smallpox was the principal factor.”

89 “Jacobson SJC Brief,” 3, 14, 16, 18. “Pear SJC Brief,” 3, 14, 16, 18.

90 “Marcus Perrin Knowlton,” memorial, 231 Mass. 615 (1919).

91 Commonwealth v. Pear; Same v. Jacobson, 183 Mass. 243, 245 (1903).

92 Commonwealth v. Pear; Same v. Jacobson, 183 Mass. 243, 246, 248 (1903).

93 Commonwealth v. Pear; Same v. Jacobson, 183 Mass. 243, 248 (1903).

94 “Virus Squad Out,” BG, Nov. 18, 1901, 7. Antivaccinationist literature after 1903 noted the noforce principle articulated in Commonwealth v. Pear; Same v. Jacobson. See, for example, Charles M. Higgins, Open Your Eyes Wide! Parents, School Officers, Editors, Judges, Legislators, Doctors; And Look at These Facts About Vaccination, 2d ed. (London: Anti-Vaccination League of America, 1912), 15.

95 Commonwealth v. Mugford; Same v. Same, 183 Mass. 249. There was a straightforward reason why the SJC would identify Jacobson rather than Pear as governing. Mugford, like Jacobson, had raised two questions: constitutionality of the statute and admissibility of evidence. Like Jacobson, Mugford had tried to put vaccination itself on trial by presenting medical evidence as to its dangers. Pear had made only the constitutional case.

96 “Jacobson USSC Transcript,” 21–22.

97 See, e.g., J. C. Henderson, “An Appeal,” Life (New York), Sept. 24, 1903, 288; Stuart Close, “Drug Diseases and Compulsory Medicine,” Medical Advance and Journal of Homeopathics (Chicago), 41 (Nov. 1903), 588. On the Court’s writ of certiorari, see Currie, Constitution in the Supreme Court, vol. 2, 5.

98 Geoffrey T. Blodgett, “The Mind of the Boston Mugwump,” Mississippi Valley Historical Review, 48 (1962), 614–34. Gordon S. Wood, “The Massachusetts Mugwumps,” New England Quarterly, 33 (1960), 435–51. “Williams, George Fred,” Who’s Who in New England, ed. Albert Nelson Marquis, (Chicago: A. N. Marquis & Company, 1916), 1160.

99 “George Fred Williams’ Platform,” in The Commoner Condensed, ed. William Jennings Bryan (Lincoln, NE: The Woodruff-Collins Printing Co., 1903), 344. George Fred Williams, “Our Real Masters,” Arena, Jan. 1903, 7–12. “In the Mirror of the Present,” Arena, Oct. 1906, 405–10, esp. 408. Dunbar v. Dunbar, 190 U.S. 340 (1903).

100 Plaintiff in Error, Brief to the Supreme Court of the United States, Jacobson v. Massachusetts, No. 70—October Term, 1904 (hereafter “Jacobson USSC Brief ”), esp. 19. See also ibid., 11 (schools) and 26 (no exemptions). “Involves Vaccination Law,” WP, Dec. 7, 1904, 5. “Final Appeal on Vaccination,” Boston Herald, Dec. 7, 1904, 16.

101 Jacobson v. Massachusetts, 197 U.S. 11, 15, 16 (1905). “Jacobson USSC Brief,” esp. 8.

102 “Jacobson USSC Brief,” 30–31.

103 Lisa Paddock, “Harlan, John Marshall,” American National Biography Online, http://www.anb.org/articles/11/11-00385.html; accessed Jul. 21, 2010. See Linda Przybyszewski, The Republic According to John Marshall Harlan (Chapel Hill: University of North Carolina Press, 1999).

104 Plessy v. Ferguson, 163 U.S. 537, 559 (1896). Northern Securities Co. v. U.S., 193 U.S. 197, 351 (1904).

105 Jacobson v. Massachusetts, 197 U.S. 11, 22–24 (1905).

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

107 Jacobson v. Massachusetts, 197 U.S. 11, 27–29 (1905).

108 Jacobson v. Massachusetts, 197 U.S. 11, 28 (1905).

109 Jacobson v. Massachusetts, 197 U.S. 11, 28–39 (1905).

110 Jacobson v. Massachusetts, 197 U.S. 11, 39 (1905).

111 “Compulsory Vaccination,” editorial, Wisconsin Medical Journal, 3 (March 1905), 588. Dr. Hix of Binghamton, New York, in New York State Department of Health, Proceedings of the Conference of Sanitary Officers of the State of New York (Albany, 1905), 38. “Compulsory Vaccination,” Boston Journal, Feb. 22, 1905, 6. Untitled editorial, NYT, Feb. 22, 1905, 6. See also “Vaccination Right,” BG, Feb. 21, 1905, 7; “Vaccination by Law,” WP, Feb. 21, 1905, 11; “A Test Case,” CC, Feb. 25, 1905, 12.

112 Untitled editorial item, Book Notes, May 6, 1905, 71. “Compulsory Vaccination,” Medical Advance, March 1905, 166. On antivaccinationism in the 1910s and 1920s, see James Colgrove, State of Immunity, 45–80.

113 “The State’s Police Power,” NYTRIB, Feb. 26, 1905, 8.

114 Lochner v. New York, 198 U.S. 45 ( 1905). E. F. [Ernst Freund], “Limitations of Hours of Labor and the Federal Supreme Court,” Green Bag, 17 (July 1905), 411–17.

115 Lochner v. New York, 198 U.S. 45, 72 (1905).

116 Lochner v. New York, 198 U.S. 45, 75–76 (1905).

117 Charles Warren, “The Progressiveness of the United States Supreme Court,” Columbia Law Review , 13 (1913). On the “myth” of Lochner, see William J. Novak, “The Myth of the ‘Weak’ American State,” American Historical Review, 113 (2008): 752–72. For a fuller discussion of legal progressivism and the police power after Lochner, see Willrich, City of Courts, esp. 96–115. See also Morton J. Horwitz, The Transformation of American Law, 1870–1960: The Crisis of Legal Orthodoxy (New York: Oxford University Press, 1992).

118 William Howard Taft, The Anti-Trust Act and the Supreme Court (New York: Harper & Brothers, 1914), 43–44, 45.

119 Investigation Case Files of the Bureau of Investigation 1908–1922, Old German Files, 1909–1921, National Archives and Record Administration, Case # 17615; Case Title: Sedition; Suspect Name: Lora C. Little. Ibid., Case # 175676; Case Title: Neutrality Matter; Suspect Name: William Heupel. Ibid., Case # 178488; Case Title: General War Matter; Suspect Name: Mrs. Walter B. Henderson. I accessed these files via the online database Footnote.com, Dec. 10, 2007.

120 Holmes to Hand, June 24, 1918, in Gerald Gunther, “Learned Hand and the Origins of Modern First Amendment Doctrine: Some Fragments of History,” Stanford Law Review, 27 (1975), Appendix, 757.

121 Schenck v. U.S., 249 U.S. 47, 52 (1919). Abrams v. U.S., 250 U.S. 616, 628 (1919), emphasis added. For a fascinating analysis of “Holmes’s Transformation in Abrams,” see David M. Rabban, Free Speech in Its Forgotten Years, 346–54.

122 Buck v. Bell, 274 U.S. 200, 207 (1927).

123 Michigan v. Tyler, 436 U.S. 499, 509 (1977). Hamdi v. Rumsfeld, 542 U.S. 508, 592 (2004) (Justice Thomas dissenting opinion).

124 Concurring opinion in Doe v. Bolton, 410 U.S. 179, 213–14 (1973). Majority opinion in Planned Parenthood v. Casey, 404 U.S. 833, 857 (1992).

125 Jacobson v. Massachusetts, 197 U.S. 11, 29.

EPILOGUE

1 BOSHD 1902, 36. Michael R. Albert et al., “The Last Smallpox Epidemic in Boston and the Vaccination Controversy, 1901–1903,” NEJM, 344 (2001), 377. John Duffy, A History of Public Health in New York City, 564. Gretchen A. Condran et al., “The Decline in Mortality in Philadelphia from 1870–1930: The Role of Municipal Services,” in Sickness and Health in America, 3rd ed., ed. Judith Walzer Leavitt and Ronald L. Numbers, 452–66. “Seattle’s worst smallpox epidemic was in 1901–02; 642 reported cases, four deaths.” “Medicine: Smallpox Epidemic,” Time, Apr. 8, 1946.

2 C.-E. A. Winslow, “The Untilled Fields of Public Health,” SCI, 51 (Jan. 9, 1920), 30. On this point, see James A. Tobey, Public Health Law, 1–6. Franklin H. Top and Laura E. Peck, “A Small Outbreak of Smallpox in Detroit,” AJPH, 33 (1943): 490–98, esp. 491, 492.

3 J. P. Leake, “United States Lags in Fight Against Smallpox,” Science News Letter, 29 (1936), 213. A. W. Hedrich, “Changes in the Incidence and Fatality of Smallpox in Recent Decades,” PHR, 51 (Apr. 3, 1936): 363–92. Robert D. Johnston, The Radical Middle Class, 183.

4 “The Anti-Vaccinationists,” Southern Medical Journal, 14 (1921), 503. Zucht v. King, 260 U.S. 174 (1922).

5 Williams quoted in “Medicine: Smallpox Epidemic.”

6 Hedrich, “Changes in the Incidence and Fatality of Smallpox,” 366. Judith Walzer Leavitt, “ ‘Be Safe. Be Sure.’: New York City’s Experience with Epidemic Smallpox,” in Hives of Sickness: Public Health and Epidemics in New York City, ed. David Rosner (New Brunswick, NJ: Rutgers University Press, 1995), 95–114.

7 Albert et al., “Last Smallpox Epidemic,” 378. J. V. Irons et al., “Outbreak of Smallpox in the Lower Rio Grande Valley of Texas in 1949,” AJPH, 43 (1953): 25–29.

8 Charles L. Jackson, “State Laws on Compulsory Immunization in the United States,” Public Health Reports, 84 (1969), 787–95, esp. 788, 789. Judith Sealander, The Failed Century of the Child, esp. 330, 338, 352.

9 Albert et al., “Last Smallpox Epidemic,” 378. C. Henry Kempe, “The End of Routine Smallpox Vaccination in the United States,” Pediatrics, 49 (1972): 489–92.

10 D. A. Henderson, Smallpox: The Death of a Disease, esp. 26, 53. Erez Manela, “A Pox on Your Narrative: Writing Disease Control into Cold War History,” Diplomatic History, 34 (2010): 299–323.

11 Henderson, Smallpox, 14, 90–92. Manela, “Pox on Your Narrative,” 316.

12 Stanley Music quoted in Paul Greenough, “Intimidation, Coercion and Resistance in the Final Stages of the South Asian Smallpox Eradication Campaign,” Social Science & Medicine, 41 (1995): 635–36. Ibid., 643. See also Manela, “Pox on Your Narrative,” esp. 316–17.

13 Henderson, Smallpox, 239, 245, esp. 249. Edward A. Belongia and Allison L. Naleway, “Smallpox Vaccine: The Good, the Bad, and the Ugly,” Clinical Medicine and Research, 1 (2003): 88.

14 Henderson, Smallpox, 269–86.

15 Ibid., 296–97. Jon Cohen and Martin Enserink, “Rough-and-Tumble Behind Bush’s Smallpox Policy,” Science, Dec. 20, 2002, 2312–16.

16 Massimo Calabresi, “Was Smallpox Overhyped?” Time, Jul. 26, 2004, 16. Madeline Drexler, “A Pox on America,” Nation, Apr. 28, 2003, 7–8. “Fear of Vaccine,” CQ Researcher, Jan. 13, 2006, 39. Jocelyn Kaiser, “Report Faults Smallpox Vaccination,” Science, Mar. 11, 2005, 1540. Donald G. McNeil, Jr., “National Programs to Vaccinate for Smallpox Come to a Halt,” NYT, June 19, 2003. Pamela Sankar et al., “Public Mistrust: The Unrecognized Risk of the CDC Smallpox Vaccination Program,” American Journal of Bioethics, 3 (2003): W22–W25. “U.S. Smallpox Vaccine Programme Stalls as Volunteers Balk,” Lancet, May 10, 2003, 1626. Pascale M. Wortley et al., “Healthcare Workers Who Elected Not to Receive Smallpox Vaccination,” American Journal of Preventive Medicine, 30 (2006): 258–65.

17 Kathleen S. Swendiman, “Mandatory Vaccinations: Precedent and Current Laws,” Congressional Research Service, CRS Report for Congress, Oct. 26, 2009. Sealander, Failed Century of the Child, 323–25.

18 “Refusing Kids’ Vaccine More Common Among Parents,” USA Today, May 3, 2010. See Mead v. Secretary of Health and Human Services, U.S. Court of Federal Claims, Office of Special Masters, E-Filed: March 12, 2010, esp. 164. http://www.uscfc.uscourts.gov/sites/default/files/Campbell-Smith%20Mead%20Autism%20Decision.pdf, accessed July 8, 2010. See “Vaccine Court Finds No Link to Autism,” CNN.com, Mar. 12, 2010; Donald G. McNeil, Jr., “3 Rulings Find No Link to Vaccines and Autism,” NYT, Mar. 12, 2010. See also Gary L. Freed et al., “Parental Vaccine Safety Concerns in 2009,” Pediatrics, 125 (2010): 654–59; and Saad B. Omer et al., “Vaccine Refusal, Mandatory Immunization, and the Risks of Vaccine-Preventable Diseases,” NEJM, 360 (2009): 1981–88.

19 Philip J. Smith et al., “Children Who Have Received No Vaccines: Who Are They and Where Do They Live?” Pediatrics, 114 (2004): 187–95. For a revealing argument about contemporary antivaccination sentiment, see Dan Kahan, “Fixing the Communications Failure,” Nature, 463 (2010): 296–97.