New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-09-14

l. The present ScnOOI EdGClHdtOu Ia" @FP'.S' ~
public schools only not to private or p5rochIa schools
and it only authorizes the local trustees or hoaraS 10
exclude children from the schools VINO are not 'aCti-
mated The following is copy OF the two nrSt para
graphs of the law which form its most essential PARIS
Iaw Of 1893 now i'm force. NO child or per-
son v.ccnaed shall be admitted ,i ID, or rec ,,
t mS %s ." o. other officers having the Charge.
sement control Of the schools sha G4se fmf
4 resolution excluding such children and persons
and when such resolution has been adopted they
Shall give at least days notice thereof by post
ing copies Of the same in az least TWO pIblc ana
conspicuous places within the limits o' the S'"oo'
H. There is no power given in this law or in any
other law i'm the State to compel any person, whether
in public or private school or anywhere else, to Re
vaccinated against his free will and consent TO COM
psl or attempt such vaccination by intimidation or
force hy any doctor health officer or other person,
is illegal and criminal Under the Penal Code and de
cSOnS of our courts,
III. One vaccination whether successful or not
is sufficient satisfy the law and to authorize sdms-
sion to school See opinion of Attorney General John
Cunneen in 1904. This point was also decided by
court and jury at Rochester in 1912 The two prac-
tees therefore, of requiring repeated vaccination
until it takes" and of re-Vsccinaton repeated after
certain number of years. as now Prach'ed IN the
schools are illegal and untenable and must be aban-
doned One vaccination only is enough under the law.
~. This vaccination law by its distinct terms;
IS enforceable only by the board OF education, the local
school board or trustees in any town or district ana
nv no other officers No power, therefore, IS gwen I'D
this law to the Commissioner OF Education or the Com
missioner of Health to enforce this law or Oyerrule the
action of the local school officers thereon
Y The law is discretionary with the local officers
and the discretion lies in the second paragraph viz
.They rhe trustees etc. may adopt resolution ex-
GLIDING such children" etc. 1t will therefore be OBJ
vouS that the law is not in force at all except when
the local school officers choose to pass the enforcing
resolution and put up the ten days notice. etc, which
they may" do when they think il necessary and
proper but not otherwise and one can force them
to do this against their discretion. the law itself
places its enforcement in their hands only.
w. 1t is evident that the first clause only appears
mandatory but this is modified by the second clause
and pease note this fact the history of this law shows
that this first clause is unauthorized Interpolation
in the law made by codifyng committee in 1898.
which had no power to alter the law but who unlaw
fuly or inadvertently introduced the present first
clause i'm place OF the original As found in the law first
nassed in 1900 which clearly discretionary, as is
the present second clause which has been left almost
unatered This history will therefore affect the inter
nrstation of the law in the eyes Of court and will
make the second clause govern in making the law dis
cretionary as it obviously is when taken as a whole
VII | am aware that the Commissioner of Educa-
lion under an opinion OF an Attorney General regards
the law as mandatory, but think this opinion is
legally correct for the reasons given which were not
known or considered when that opinion was rendered
In any case such opinion is not ntable conclusive
and only the decision of a court can determine this
question And as this Law is enforceable only by the
local school officers, they cannot he oyerruled in this
matter by other officers or departments and there