The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-15
NO POWER TO CLOSE.
School Board Will Contest
Health Boards Order.
THE QUESTION MAY BE TESTED.
Attorneys Pronounce the Order Ia
Close Rainier and South schools
stretch of Power.

The school boa ID met yesterday TO con-
sAa~r the order from the boa ri Of health
10 close the Rainier and the South schools
Tor the remainder OF the school year on
account OF the prevalence of scarlet fever
An opinion from White a. AIunctay atror-
nsys FOR the board. was read, In which
they said that the board of health had no
authority to order the schools closed !:
tflat such orders and regulations as the
BOARD OF health may adoiz must be ap-
proved by the council by ordinance. Their
opinion. after reci1ins the order OF the
board OF health, reads as follows:
The power to preserve the health and
safety OF the Inhabitants is one OF the
chief ends of municipal government. and
powers granted tor SO important an OBJ
Ject as the preservatioa Of the pSTsoic
health should receive a liberal construc-
Tfon for the advancement of the & ds for
Wnich they were bestowed. While this is
SO. yet the principle OF law applying 10
the exercise OF summary powers by
boards Of healta is that they are strictly
confined TO and by the Statutory provi-
s.ons of the acts by which they are ere
ated. Tested by this principle of law, the
arbitrary order of the board OF health
closing the Rainier and South schools Tor
the remainder OF the school year IS q
doubtful stretch Of authority.
tie the board OF health is clothed with
the following powers touching puddle
buildings.
They have supervision OF ell matters
appertaining to the sanitary conditions
of the city and its public institutions
The health officer shall visit the public
schools and investigate the sanitary con-
ditions of the same. Whenever the health
officer shall certify TO the board of health
that any building is for any cause unfit
for human habitatlon, the board may is
sue an order requiring all persons 10 va
cate such building until such time as the
board may determine. In case OF infec-
tiOiss diseases. the premises where the
person having such disease is may be
visited and quarantine flag displayed and
a placard setting forth the fact that In
fectfous disease exists therein. Reports
must be made by the health officer 10 the
city school superintendent of The names
and residences of any persons sick OF IN
fictitious disease. Ii is made the duty OF
the city school superintendent and prin-
cipats of schools to refuse admEtance 10
the public schools to any member OF a
household in which the Infectious disease
exists, until advised By the health oiiicer
that there is no longer any danger. Inc
board OF health may proclaim such quar-
antines as may in their Judgment De nee
essary for the preservation of pubic
II.
rules and regulations for the government
of the quarantine or the health OF the
city as from time to time the public
health may require. Such orders ana
reglilat lions as the board of health may
adopt must be approved by the council
by ordinance.
"Ordtuance .. 40s which Is an ordinance
TO enforce the provisions OF the city char
ter above cited. provides that the health
officer shall Immediately report 70 the SUI
perintendent of schools the residence OF
every person sick with a contagious or
Infectious disease which the heallh oiiser
deems dangerous to the public health.
and II the superintendent of schools aftef
such notification shall suffer any member
of a household ia which any such disease
is found TO be admitted 10 the schools I'M
der his charge before being advised by
the health Officer that there IS no longer
any danger from contagion from suca
household. he sh all be punished BY me
etc.
I'm view Of the charter provisions and
Of this ordinance. II is extremely doubt
Tul whether the board OF health can make
4 valid order closing the pubic schools
The charter and the ordinance seem TO
contemplate that the schools shall con-
tinue and only those Of the injected
households shall be excluded
'In an extraordinary emergency the
BOARD Of health, under regulations ap-
pr0ved by the council, might close all the
public buildings. sIch as churches, me
aters. schools. etc, but We fail 10 ma IN
the 9soard Of health the power 20 single
out two Of the schools, as IN THIS IN
stance and TO arbitrarily order them
rl1sed until the end OF the school year
M definite action has as yet been taken
fn the matter. but the hoard adjourned
last evening 20 me Z again this afternoon
in the Office Of J. B. Macpougah to fur
thor consider the order and aecife upon
a poilcy with reference 10 eStahiislihS
precedent. \ memoeT OF tne "oat4 80
Yesterday that II u was proper 10 close
-, s.,h.,ols fhey would be closed, but nfst
,he hoard wanted 10 establish rule ana
come 20 an understanding as 20 What aa-
tt,oyssv ~. health board had in the maS-
Ter. 70 avoid misunderstanding ana dlf'l-
Guilty IN the future -.
II, ,,vs-ar~4 q, the cases ~ scarlet fever
a. The Rainier school Principal ". =.
Gerard makes tire following communlcA-
ton 20 the Posj-InIeilsgenceT:
TO the Editor. Please allow me 10
,,ske a brief statement I'm regard 70 the
readnisslon Of Maggie and Eddie Haight
~ fha Rainier school. after the existence
81 scarlet fever tn their fathers family
After an absence Of six weeks | read
rniffs~i them with the distinct understand
snr that the law had been complied Win
a. every fesrttcular. and that they had
~, na~r,,isssou Of tho attending physician,
wIth the consent of the health once.
I'VE have been extremely careful 10 IN
o,,tre into the character Of every ease az
sickness since scarlet fever first made It's
annearance Not = single case 80 far has
has- traced 20 ne Rainier school NJ
T4airht's children returned April > ana
we're sent home April %. Since that time
+ha~a has beer no sickness among tho
children Of that room, ana no ScaFiet
fever has made its appearance N any OF
TIE farsilleswifla which they are connect
a. charlie Jewell. n pupil IN an Sdjoin-
fr,r room. left s-hooi April S. three Gays
before the return 81 the HaiEhs cnhdrsti,
ana afterwards contracted SCARLET fever
Milton Randolph. a pupil tn another
room. playe3 with Mr HaisAts children
before ts..r return 20 school ard after
warts contracted tae disease There are
,hrse other children IN the district VINO
have contracted the disease. tao OF Them
being toe Young 20 attend scfooi The
thfra. living next door 20 one ~ these,
no auoht contracted e from that source
I repeat that We have heen extremely
careful and have done an Ia our power
% prevent the spread 81 the disease
HIGH SCHOOL CoMMENC ENE>T.