The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-10-23
CIRCULAR LETTER TO
COUNTY SUPERINTENDENT.

Chapter 1903 of the laws of 1908 and
Chapter II of the laws of 1901, pro
vide that all children of school age in
EACH county of the Territory shall be
vaccinated against small pox. An OF
| c%asional dif1culty has arisen concern.
ing the Interpretation and enforce
ment of these laws, and upon request
/ am submitting the following inter
probation.
Each teacher of the public school
(rural. village, town, or city) shall de-
any admittance to the school to all
children who are not so v~accinated.
Every child admitted TO the hoo
should be required to present state
ment from a reputable physician IL
censed to practice in The territory OF
New Mexico certifying that said child
IS properly protected by vaccination:
said certificate specifically stating
that the child has been effectively
vaccinated Q~eaviHg well pronounced
scarf within a period of five years
previous to the date of entrance upon
the schOol.-or that such child has
been vaccinated either with or with
ont pronounced effect, within a per-
iod of twelve months previous to en-
tering the school,.
n. b. Ii is the consensus OF opinion
Of physicians of the United States
that an effective vaccination protects
the child against smallpox for a per
iod of at least five years.
At the beginning of the school year
and at such other times thereafter as
IL may be deemed advisable the
teacher shall make report to the
county superintendent of schools CIV
Ing the number of children VINO have
been v~accinated within a year and
the number of children who have pre-
scented certificates certifying to eff
fsctive vaccination Wi hin a period of
five years. together with a list of the
names of parents who refuse or fall
20 have their children v~accinated.
1t becomes the duty of the sheriff
or any constable whom the sheriff
may designate to arrest such parents
or guardians and upon conviction they
shall be fined not less h a twenty
five ($25) dollars nor more than one
hundred (sf00) dollars, or be i'm
prisoned as provided by law.
The fine collected for violation OF
this act shall become a part of the
school fund in the district in which
the offender lives.
The county superintendent of
schools is required to enforce the law
touching the vaccination of children
attending the rural schools under his
supervision.
In Incorporated cities and towns the
boards of education are required to
enforce the law.
Section IL. Chapter 121, Laws OF
1909, provides a penalty ($25 to S5O0)
for the failure of any member of a
Board of Education or any county SUI
perintendent to perform his duty i'm
posed under or by virtue of the law.
Vaccination may be performed by
the county health officer or by any re-
~putai5le licensed physician.
The expense of vaccination of chill
dren in INDECENT families may be met
as provided in Section 80. Chapter
103. Laws of 1903.
County Superintenients are hereby
urged to make special effort in the en-
forcement of the laws concerning vac
cination against smallpox and to Wis
II the various districts in which dif.
iculty arises over the enforcement OF
this law with a view to a settlement
of such difficulties without ecours to
the courts.
Yours very respectfully.
(Signed) ]. f. Clark.
Territorial Superintendent Public
Instruction.
Dept. of Education, Santa Fe. y. N
Oct IL. 1909
copy.
October, IL. 1909.
Hon. ]. E. Clark.
Territorial Superintendent of Pub
lie Instruction.
Santa Fee. New Mexico.
| Dear Sir
Your circular letter addressed to
County Superintendents of Schools on
the subject of vaccination. and the
law applicable thereto. meets with
the appreciation of this Office. all mat
tiers pertaining thereto appearing to
De fully set FORT.
Very respectfully,
(Signed) II. CLANCY.
Assistant Attorney General