State v. Drew

The defendant contends that his motions to dismiss should have been granted on the broad ground that the vaccination law is invalid because in conflict with the Fourteenth Amendment, s. 1, of the Federal Constitution and Articles 4, 5, 12 and 19 of the New Hampshire Bill of Rights.

In his motions, the defendant relied upon allegations that may be summarized thus: (1) that the “charge is a fraud and subterfuge”; (2) that he in good faith offered to send his son to school on condition that the School Board accept him unvaccinated; that this offer was a “legal tender” of the boy, whose rejection…