The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-20
FEAR OF SMALLPOX
County Boards of Health Enforc-
ing Vaccination of Children.
Opinion by the Acknowledgement De-
claring that the Boards Rules
Operate as Law.

Fear OF the spread Of smallpox has be-
eastern section of the State. and boards of
County Commissioners, acting as county
health boards, are beginning to enforce
vaccination upon school children and adopt
other precautions TO prevent the spread
of the disease. In Randolph county a
question has COME up as to the power of
the board to enforce this rule, and the
secretary, DR.. A. f. Huddleston, requested
of the Attorney-generai opinion. Attor-
ney-general Smith last evening sent his
reply, in which he says:
Aside from those powers which are ex-
preSsly statutory the State and other
health boards Of Indiana in the performance
or their official duties are called upon to
exercise that authority which is designated
Dy the courts and law writer's Of the coun-
Try as police power" 1t is that right
resting with the State and through it with
municipalities towns and counties, which
enables 1t TO protect the health and COM
fort OF all it's citizens. 1t is power that
is inherent and plenary, and cannot be
limited or in any way circumscribed by
GonIracI or even legislative enactment.
Under the general police powers of the
State persons and property are subject to
such rules as may be necessary to secure
ana preserve the health, comfort and
power the Supreme Court OF State
SAID, III the case Of Hockett VS.. State los
IND, that 1t extends TO the protection of
iives, limbs, health, comfort and conven-
lence, as well as the property, of all per-
sons within the State. 1t authorizes the
Legislature to prescribe the mode and man
her IN which every one may so use his
own as not TO injure another, and do what
ever is necessary to promote the public
Welare, not inconsistent with its organic
Under the act of 1891 establishing a
state Board of Health and defining it's
powers, the boards of commissioners of
stituted boards of health ex officio for their
respective counties, and ii is made their
duty TO protect the public health by the
removal OF causes of disease when known.
and in ali cases TO take prompt action to
arrest the spread of contagious diseases,
TO abate and remove nuisances dangerous
10 the public health and to perform such
other duties as may from time to time
De required OF them by the State Board of
pie.
The powers Of county boards are made
subordinate to those of the State board,
aItnough IT is undoubtedly true that coun-
" boards may supplement the rules of the
state board with such additional regula-
ions not inconsistent with those of the
state board shall in an emergency be
necessary for the protection of the health
ana comfort of the people of their respec-
ed an elaborate and comprehensive code of
rules, which have doubtless been submitted
TO the county board of Randolph county,
and which have or should have been adopt,
ed by that board and placed upon the rec
ords kept of their proceedings. These rules
of the State board prohibit persons affected
from attending any public or private
school; and provide further that in all
cases where exposure to smallpox is threat
board to compel vaccination or revaccina-
ton OF all exposed persons. From the
document submitted for my consideration,
l appears that the county board of RAN
dolph county has also established a rule
preventing any child from attending the
p ru oa,n schools without first having been
vacclnated and presenting certificate of
vaccination from some physician.
The power to make the rules and regu-
iations above referred to is recognized by
the statue and in so far as they are not
In violation of the law they are as binding
upon the people as-if enacted by the Gem
eral Assembly of the State. The latter
part of Section of the act OF 1891 provides
that the secretary of any board of health
Estate town or city, who shall fail or re-
fuse to promulgate and enforce such rules
l. ana regulations (as were adopted by the
Stase; rboardl, and any person or persons
or orr the Officers s OF any corporation who shall
lations, shall be deemed guilty of a INSIDE
meanor, and upon conviction thereof,
shall be fined in any sum not exceeding
one hundred dollars and upon second con.
vlction the court or jury trying the cause
may add imprisonment in the county Jail
Tor or. any ~. period not exceeding ninety days.
any violation of It's terms is made a INSIDE
meanor. punishable by fine in any sum not
exceeding one hundred dollars
Tt Is clear, therefore, taken as a whole.
| that the rules and regulations adopted by
| State town, city and county boards Of
health. not inconsistent with the statute or
| beyond the powers delegated to such bodies
| are as much a part Of the law and as sus-
| ceptibie OF enforcement as are the express
| provisions of the statute referred to- / am
clearly of the opinion that the county board
| or Randolph county has not exceeded it's
authority IN providing the rule which re-
lates to vaccination- The emergency for
such course Is set out and the law en-
necessary steps for the prevention of the
| spread Of contagious diseases, and it is
| apparent from the very language EMPLOYED
| that such boards are expected to take pre-
cautionary measures and not wait until
some dread disease has obtained foothold
| IN the community or become epidemic in
character"