New Britain herald., 1922-01-26
VACCINATION LAW


 pupils from the schools unless such pupils have been vaccinated. In view of this fact an examination of the state law on the subject is pertinent.
 Section sSS provides that the board of school visitors town school commit tee or board of education may require every child to be vaccinated before being permitted 10 attend public school under it's Jurisdiction Such board or committee may exclude from any school under its supervision all children under five years of age whenever in its judgment the interest of such school will be thereby pro- noted"
 It will be seen that this section gives the power of requiring vaccina- ton to the school board, irrespective of any action of the board of health. The board of education might deem it necessary to require vaccination in cases where the board of health did not consider it necessary to exercise whatever power it has in this regard. This is the reason for the passage of this section. It has. nothing to do with the powers of the board of health, granted in a later section. In Bridge port it seems, the board of education
 o,,1xy excluding unvaccinated children from schools rests with it. and the orders of the board of health have nothing to do with the matter Incidentally, be- fore leaving this section, attention may be called to the provision concerning excluding children under five years of age It will be noted that this provision says nothing about whether such children under five years have been vaccinated or not. It was con- templated, when the law was passed, that occasions might arise when the school board would deem it wise to exclude such very young children whether they had been vaccinated or not.
 Section o432 of the state law pro- vides that the Health officers and board of health may adopt such measures for the general vaccination of the inhabitants of their respective towns, cities or boroughs as they shall deem proper and necessary to prevent the introduction or arrest the progress of smallpox"
 The provisions of this section would permit the health authorities to eX- clude children not vaccinated from the schools While direct authority Ap 50 exclude unvaccinated pupils is Riven to the board of education only, such power is given the health board by implication under the broad pro- visions of the section.
 Thus it may be seen that this latter section gives to the health officers or board of health the general power of adopting the measures it sees fit If the board of health forbids the at- tendance at school of children or teachers who have not been vac- einated, such pupils or teachers may not attend, no matter what action the school boards takes in the matter There is no conflict of law here, no overlapping of power. The law places the matter for final decision in the hands of the health authorities, where 1t should be placed. They are sup ters The giving to the board of ed ucation the power of acting before the board of health acts and of taking such precautions it deems proper in regard to the school pupils, does not take from the board of health the greater power granted over all the inhabitants of the village, town or city over which it has Jurisdiction. Were this interpretation of the law to be given, the whole DenenClal eHeCt or such a law might be nulified-and the law never permits such interpretation to stand if it may be avoided without stretching the meaning of the language used to a ridiculous point.
 The wisdom of such interpretation may be seen if the case is considered where a great epidemic of smallpox breaks out in a small city. The board of health orders all inhabitants to be vaccinated The board of education refuses to exclude pupils from the schools who have not been vaccinated. Naturally the disease would attack the pupils alone. If the epidemic last ed long enough the situation might arise where the inhabitants Of the city would be safe with the exception of school pupils and teachers, all of whom would be the sufferers.
 There is one more section to be considered, and it should show those