The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-12
DIRECTtD 10 Or. LEWIS
CAN BE ENFORCED If EMER-
GENCY DEMANDS IT.
TIE Pfop4E URGED 10 BE vsCCINsTEO
The Prevalence of Small Pox il Virginia and
in This State Demands that this PTeCsu
lion be Taken to Prevent
IFS Spre d.

The presence of small pox in this
State, especially in the eastern part, and
the fact that it is raging in the cities
of Norfolk and Richmond, Va, is giving
the health officers of the State great
concern. The travel from Norfolk and
Richmond to all points in this State is
very great and our people are eApOsl
to the spread of this disease unless the
proper precaution is taken.
In view of the fact that many people
are 10th to be yaccinated and the pub
lie welfare may make it necessary that,
every one should be vaccinated, DIR.
X. Ii. LewIs,~NSe cretary of the State
Board of Health has written to the
Attorney General asking his opinion as
to whether compulsory vaccination can
be enforced Yesterday afternoon At
torney General Walser rendered. his
opinion in a letter to DIR. Lewis, Gecd-
ing that compulsory vaccination could
be enforced.
DIR. Lewis does not think that it is
necessary at present to enforce compul-
sorry vaccination, but he thinks t all
important that every one shoHld he vac
cinated at once. The situation is such
that all should recognize the great inn
portance of so doing without having to
be forced He said that a quar-
antine WAS not effective to prevent the
spread of the disease-the only effective
way was to be vaccinated. The spread
of the disease is more rapid in cold
weather than in hot weather
1t is very necessary that the school
children be vaccinated at once. The law
makes this compulsory. This Of course
comes under the supervision of the city
board of health.
AS stated in yesterdays Issue the city
board of health has not decided 70 en-
force compulsory vaccination. The mem
bers of the board prefer that people do so
without compassion. LII the peop.e are
10th to do so, however, it is very prob
able that compulsory vaccination will
be enforced
The following is the opinion of Attor-
ney-General Walser:
''Dr. Richard Ill. Lewis, Secretary Of
the \. c. Board of Health, Raleigh.
y. c.
Sir: In reply to your communication
of the 10th instant, requesting con-
struction of section %, chapter 1l4, acts
1893. / will say:
The legislature may confer upon
boards of health of cities and towns
the power to enact rules and ordinances
for the promotion of the public hell:h.
A Am. and Eng. Ency. of Law, I'D Ed
500
Under this section of the law it is
competent to require scholars to be
vaccinated, and failure to comply with
this requirement will justify exclusion
from school. u Am. and Eng Ency
of Law, list Ed 775. Abeel VS.. Clerks
81 Cal. 226. Maine Rev. Stat, Oh. II
Par. 81. Mass. Public Stats, CHI. AZ, Phr.
8.
Il think a requirement that the schol-
ars shall present themselves on a Ger
tain day for the purpose of vaccination
would be upheld as reasonable. u
Am. and Eng. Ency. of Law, list Ed
ia.
IA local board, it would seem, is
authorized to require vaccination. How
ever, it should cooperate with the city.
town and county authorities. Doubt
the power of the School Committee it.
self to make such regulation. The
School Committee may adopt rcasona-
BILE rules. A regulation of this rature
might or might not be held TO be rca-
sonable.
1T seems to be clear that the author
ltleS are authorized to Vacclnate the m
mates of jails and county homes and
may use any reasonable means 10 en-
force this authority. Nor would they
be guilty of an assault in attempting
to enforce such regulations. Such rules
and regulations will be upheld so long
as they are reasonable and do not in
! terfere with the liberty, property or
business of the citizen more than re-
quisite to secure the lawful and proper
object in view 4 Am. and Eng. of
| Law, cd. Ed 600.
Very respectfully,
'ZEB V. WALSER.
"Attoynay GanaraI -