The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-10-16
The Observation-Disclosures Win
Their First Battle.
SCHOOLS ARE OPENED
School Board Yields Before Dobbyn
Mandamus Is Argued.
UP TO BOARD OF HEALTH NOW
That Body Has Already Been Ad-
Vised That 1t Can't Enforce
Vaccination.

It is not necessary for school children
to exhibit a vaccination scar in order to
attend the Minneapolis public schools
This Is not q judicial dictum, but the
school board admits that it has no right
to exclude children from the public
schools because they are not vaccinated
As result, many children who have had
a vacation since last Thursday will at
tend school this afternoon and possibly
will not again be directed to go home and
stay there until they produce evidences
OF successful vaccination.
When Judge Elliott this mo ming called
up the mandamus proceedings against the
board Of education instituted by W. R.
Dobbyn on behalf of his son, City Attor-
ney Healy stated that no mandamus could
lie against the school board as it had not
forbidden Dobbyn. Jr., from attending
school nor any one else
Charged to Health Board.
In the talk which followed it was ex-
plained that the board had issued no or
and, though certificates OF vaccination had
been required as one Of the qualifications
for admission, no pupil had been excluded
BY the board because the certificates had
not been produced. In the recent agita-
tton, the principals of the different
schools had acted upon the authority of
the department of health and the board
OF education could not be responsible for
the acts of the principals
Judge Elliott, however, announced that
the school board was responsible for the
acts Of the principals. The latter could
not and should not receive any orders
from the board of health or the commits
sloner OF health under the present condi-
tions.
Permission was expressly given to
young Dobbyn and all others interested to
attend school. The matter was thereupon
continued until next Monday 10 ascertain
If any pupil was interfered with
The proceedings, though rather informal
on account OF the attitude taken by the
board Of education and the city attorney,
was a signal victory for the Anti -Vaccina-
tion society.
1t is hardly probable that the board of
health will undertake to continue the
work on its own account and seek to en-
force compulsory vaccination in the public
schools, as City Attorney Really holds that
IT has no more power than the board of
education. If smallpox were epidemic in
this city, the situation would be ma
terially altered. but it is not contended
that there is an epidemic or even a single
case Of smallpox in the city.
A Special School Board Meeting.
President t. F. Quinby Of the board of
education this morning issued call for a
special meeting of the board for this even
ing. The object of the meeting. he ex-
planned, would be to put the board right
before the public with regard to the vac
cination imbroglio. He felt that the
boards position in that regard was not
correctly understood, and that it was
time to put stop to Misrepresentation
Said President Quinby:
want the board to go on record either
for or aginst compulsory vaccination in the
public schools so that there may no longer
be any doubt as to its attitude in that con
nection.
Now, as matter of fact it is the board of
health and the city council, through the
Doara Of health, that are responsible for the
arbitrary vaccination of school children. Tn
cooperating with the municipal authorities
IN the enforcement of this ordinance. the
board has been powerless to do otherwise
than carry out the orders of superior Off
GERS. That is my opinion, at least. and
purpose having this matter threshed over
thoroughly this evening to determine iugt
where we are at
In addition to the directors of the
board, the mayor, the health commissioner
and all interested parties will be invited
to take part in the discussion.