Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-09-12

SCI that it is compiled with. Transmit
the substance contained therein t0
your board OF health, cityssuperintend-
ent of schools. and teachers
All children attending the schools
under your Jurisdiction shall show a
certificate of vaccination within one
week following the opening day. Any
child failing to secure a valid %certifi-
cate is to be excluded from school
until such a certificate is offered.
This order obligates all persons
having authority I'VE the school chill
dren of your district, and all such per-
sons will be held accountable by the
state board of health
II am also informed by you that
the city of Grand Forks, indeed, there
,is-at the present time not a single
case in the city and has not been for
a long time. past and that In the ter
ritory surrounding the city there are
no Indications that the disease Is prev
alent or threatening.
II do not express any opinion as to
the power of the state board under
such circumstances to make an order,
the school privileges to n~nvaccinated
children; there is no direct power
to make such an order vested In the
state board by statute; at least none
such has been called to my attention.
"See sections 397 to 403 inclusive
and particularly c. L., 1913.
What the Law Requires,
Under the law of section 1343, all
public schools are at all times equally
free, open and accessible to all chill
dren over six years and under Fl
years of age and by another section
of the same article (Section 1342) eV-
cry parent, etc., who has control over
any child between the ages of eight
and fifteen shall send such child to
public school durine the entire time
such public schools are In session, save
under certain exceptions and limita-
tions.
If the state board Of health linde-
pendent and outside of %exigency, cpl
the order in question, 1t, in substance,
then, has the power to impose an adj
condition, or limitation, upon
all the rights granted by section 1343;
not only is this true but because all
parents are required to send their
children ito school it in substance
gives the board power to require the
vaccination Of all children for If the
child does not go to school, under Sec
ton 1914, the parent is guilty Of a
misdemeanor, and the child cannot
~ ~ SAANS Az ~ LIldI,
said before, the order in substance
amounts to an order that all children
shall be vaccinated and this order is
not justified by the presence of any
epidemic or even a threatened cpl
demic.
But I do not believe that the order
IN question imposes any duty upon
the board of health of the city Of
Grand Forks.
fsTho orda, Il, 5;.a~l.s - -,
officer and requires him to transmit
substance thereof to the board Of
health, the city superintendent Of
schools n the teachers; 1t does not
seem to imply any action on your
part; 1t does not require you to take
action or do anything in the matter:
you are not directed to make any orr
Ter IN harmony Herewith or, indeed.
lake any action.
i think the health officer will have
complied with his duty when he has
transmitted the substance of the order
20 YOU, to the city superintendent OF
schools and to the teachers; I do mo-
tnoW of any authority vested in the
health OFFICER to either close the
'cnools or to take any action"
Dr. Dean Wants Test Case.
aid: De"
y believe that the last paragraph
u Attorney Bangs opinion covers the
'xtent of my power in this matter.
notified the parties, as instruct
d. and I am now of the opinion that
ny duty ceases
.Ihls matter has been brought be-
ore n board on many occasions and
would now like to see, and the state
would like to see some individ-
1ai develop a test case. Whether or
not we can enforce the vaccination
'ulings is a mooted question and any
lttempt to carry out the orders given.
3 pound to bring further differences
With parents"