The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-17
BOARDS JOIN ISSUE.
Order to Close Rainier and
South Schools Goes Forth.
TIE DOCTORS WEAR WARRANT
,sncaed by Legal Opinion, They VIII
Compel Obedience OF the school
Board 10 Their Edict.

Ss.~e
sam said to Health Officer Palmer yes
.sr,gzv afternoon. This important decis-
o. was based on the opinions Of Corpora
.sen Counsel scott that the board OF health
.aa she power 70 close the schools. pro-
,gaed the situation In relation TO scarlet
ssvar warranted the action. The board %
saa1sh being OF the unanimous opinion
shat the situation was critical. lost no tire
a. taksug action II was further decided
go. in case the situation sn the future
.srrarte9 IL the remainder OF the schools
xould he closed.
During the special meeting the board
aIa not take official notice tn any way or
she meeting held by the board OF eauca-
.sau wednesday afternoon. on the ground
.hsf i. never received official notice OF
..ah q meeting but proceeded on the as
Generation that the board OF education had
$50 the notice ordering the South and
rainier schools closed.
after the meeting vas called 10 oTder
Or. Palmer read the following ophiAoh
from Corporation Counsel Scott.
Mr.. SCOTS Opinion.
.Nty attention has been called 20 the
eatnion given 90 the board Of education
~ rs attorneys. Messrs. white Il Mum
asv relating to the power of the board
- health 10 order certain of the ptIDlc
..aaols az this city closed on account of
fh4 prevalence Of the contagious disease
esIsd scarlet fever. You request an opin-
.on from this department as 20 whether
your body possesses sach power
admitting II 20 be necessary tnat such
.ehools should be closed Ia order 10 pre-
vent the spread OF The contagion aud tor
.he purpose OF preserving the public
health. all reasonable amendments should
~ resolved IN favor of the exercise OF the
mower 1t Is conceded, and In fact Il Is
expressly provided by the charter 1sec-
- article l0) that the board Of health
nav proclaim such guarantees and estab-
ash and declare such quarantine districts
and stations as may in their judgment
he necessary for the preservation OF pub
lie health. and may appoint ana remove
al pleasure quarantine officer.
1T Il also provided (sec ., same ariiclel
that the health officer shall visit the pub
liz and other schools and investigate the
sanitary condition OF the same. The board
Is also authorized 70 declare any building
unit for habitation tsec Z. article 10 OF
the charter1 II Is also provided 10y sec
ton 10 that the city school superintend-
ent shall refuse to admit any pupil from
any household in which any such disease
g found when notified by the health Of
fcer Il Is made the duty OF every physic-
ian In the city 10 report TO the health
officer every patient sick OF such dis
ease (Sec. IL. article 100
THE board Is authorized TO make such
rules ANu FkHEtdtADttS 4oA TIC SbNtA
Of the quarantine or the health of the
city as from time TO time the public
health may require.
Il am of the opinion. therefore, that
the charter fully confers upon the board
OF health the power, either expressly or
by necessary implication, 10 perform all
acts necessary TO preserve the public
health II may establish quarantine dis
trlcts II may declare building unit for
habitation, II may investigate the sani-
tary condition of all public buildings, II
may maintain pest house and cause to
be removed thereto and kept thereat any
person affected with any contagious or
Infectious disease. II may make such
rules and regulations for the government
OF quarantine or the health Of the city
as from time TO time the public health
may require: and II would seem that II
IN the Judgment OF the board the dis
tret from which the pupils come Is in
fseted. and Ia the Judgment of the board
the public health would be better pre-
served by the closing OF schools In such
district, II has the power to DO directly
what II must do otherwise indirectly. IL
the spread of contagious disease can be
better prevented by keeping the chill
dren away from the school for a limited
period, and the hoard has made such rule
and regulation and II has found that such
disease prevails In the district then II Is
sneh rule and regulation for the pres
eTyation Of the public health as the char
Ter authorizes Il 20 make. The board is
vested by the charter with large powers.
and Is therefore. authorized 10 make
very stringent regulations 30 prevent the
spread OF contagious diseases.
Cooley on Constitutional Limitations,
~
The charter has authorized the hoard
70 make the necessary rules and regula-
lions for the preservation Of the public