Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1913-09-05
FULLYEXPLA|NED
Prosecuting Attorney powney Writes
Superintend zeilor About
Vaeeinatien.

Superihtend zeiior About
Vaeeinatien.
/ In regard to enforcing the Law GOV.
ering vaccination. Prosecuting Attor.
ney Dowaey has written County Sup.
erinJendent Zelior the following let
ter:
Marinsburg, w Va Aug Is.
Prof Z n. Zeilor.
superintendent of Schools,
Inwood. w Va.
Dear SIR
I am in receipt Of your inquiry rela-
tive 10 the statute enforcing the vac
cination OF children before permitting
them to attend public schools. and
also note that some Of the trustees
and other officers object to the enforce
ment Of this statute Section 44lo Of
the Code of West Virginia, 1906, pro.
yides as follows:
THAT the county court of any eeun.
ty in this state, upon petition of one
hundred voters Of the county. shah
direct and have enforced upon any
party or parties compulsory vacclna-
ton or quarantine, in case OF small
pox epidemic, in any city. town or
village Of the county or in their said
county Any person refusing to be
vaccinated when so directed BY the
county court and who cannot give
satisfactory proof Of having been vac
einated previous to that time or a
certificate from reputable physician
showing that a successful vaccination
upon his or her body is impossible or
improper, Or sufficient reason be Civ
en- why It has not been done. shall
be placed under quarantine as direct
ed by section seven OF this chapter;
pro, 'ded, further that when 1t shall
be directed by the county court of
any county in this state as herein pro
vtded, no child or person residing In
locality In which an epidemic is
prevailing shall be admitted to or re-
ee,yed into any of the public schools
in any city. town or village in the
county who cannot produce a certi
icate or satisfactory proof showing
a successful vaccination or certi-
ficate from reputable physician
showing that a successful vaccination
upon his or her body is impossible or
improper, or sufficient reason be given
why it has not been done, and the
trustees or other officers having
charge, management or control Of
such school shall cause the provisions
Of this act to be enforced when so
directed by the county court
| am advised by the county court
that the petition of one hundred yo
tiers as provided for in said section,
has been duly filed and all other re-
quirements complied with. 1t occurs
To me- lufItipItt tbht tHs law 10 wv
clear to require any explanation. |
viii especially call your attention TO
the last part of said section which
provides that: the trustees or other
officers having charge, management
or control of such school shall cause
the provision Of this act to be en-
forced when so directed by the coun-
ty court" From which il appears that
it is the duty of the trustees and
those having control of the school to
see that this provision is carried out,
and their refusal to do so would
amount to misfeasanee and be a good
ground for their removal from office.
In my judgment the law is not only a
binding one but a wise provision as
well. and | trust you viii use your
influence to have it strictly enforced
in every locality in which an epidemic
Of smallpox is prevailing. will be
pleased to take up any difficulty you
may have in the enforcement of this
statute and viii lend you whatever
assistance may be needed,
Very Respectfully.
VIM. w. DOWNEY,