The Minneapolis journal., 1902-06-06
THE PUBLIC !. HEALTH
It's More Important Than Rights of
<'7- Individual Citizen. :-:
ANTlVACCINATIoN CASE DECISION
Supreme Court sustains- Dismissal Of
Action Against President of St. =
: : - /. Ia -
Paul School Board.

The antivaccinationists lose their
case against Bernard Zimmerman, presi-
dent of the St. Paul school board. The
supreme court this meruing affirmed the
order of the Ramsey county court dis
missing the action. It was brought by
excluded from school because she had not
been vaccinated. S IN the syllabus Judge
Brown states the case as follows: =.
State of Minnesota ex rel aFrank-D. Freeman,
appellant VS.. Bernard Zimmerman ct all,
respondents. =" ~ 7a&' r. @t@S-r
-First-Legislative grants os power to NUM-
cipalites, Intended to secure the prcserva-
tion of the public health and to provide for
the enforcement-of proper and necessary sani-
tary regulations to prevent the spread of con-
tagious diseases, are notwithstanding the in
dividual liberty OF ,theseitizep~is in "a measure
involved, entitled to abroad and liberal con-
struction by the courts in aid Of the beneficial
purposes OF their enactIn ent.; <>@:"~1+ ..>aa
=second-The various provisions of :muni-
cipal charter, adopted under the constitu-
ton authorizing cities to frame: their own
charters, as to subjects properly belonging to
the government Of municipalities, have all the
force and effect of legislative enactments.
Third-The provisions Of the charter Of the
city Of St. Paul, adopted under and pursuant
to constitutional authority providing for a
commissioner of health and defining his
duties, held valid, and, as respects the duties
there imposed on such commissioner, self
executing, requiring no. action on the part OF
the board Of health, or the city council, to
authorize the performance of the same ~
Fourth-A general grant of power in broad
and comprehensive terms to do all acts and
make all rules and regulations deemed
necessary and expedient for the preservation
of the public health, vests in the authorities
to whom granted power, to enforce, in cases
Of, emergency rendering it reasonably neces-
sary in the interests of the public health and
for, the prevention of the spread Of smallpox,
"a regulation requiring children to be vac
cinated as a condition to their admission tc
the public schools. ..,l - = T.. .... - -r
Fifth-Such a regulation made by the COM
missioner of health Of the city Of St. Paul
held valid and enforcible.
Order affirmed. Brown, J.
Telephone Company Loses.
B. L. Freddy, st. Paul, manager of the
Northwestern Telephone Exchange com
pany, loses in his municipal court case
He was fined for making excavations
without authority from the commissioner
of public works, and the city's action Is
sustained, The syllabus gays:
The City of St. Paul, respondent. VS.: B. l.
Freely, appellant 3 ss:E>tss y r.
The common council OF the city of St
Paul granted permission to the Northwestern
Telephone Exchange company, in accordance
with its request therefor to extend it
telephone poles and wires along = certain
streets upon condition that the cor11nissionel
Of public works should designate the location
Of the poles to be erected. and that the ex
tension of the system should be acceptable to
and approved by, him. Held, that under thu
permission granted, the company had no au
thority to locate its poles and extend it:
system without securing the commissioner!
action, as required by the permit
The appellant. manager Of the telephone
company, having been arrested for violating
an ordinance prohibiting excavations in an!
street, it was no defense that the commits
sioner refused to act for arbitrary and un
justifable reasons. Judgment affirmed.
-A Lewis, ].