Rhea ex rel. Rhea v. Board of Education
North Dakota Supreme Court
Appeal from tbe District Court of Ramsey County, Honorable 0. W. Buttz, Judge. In tbe absence of any statute making vaccination a condition precedent to tbe right of admission to tbe public schools, neither a board of health having general control of matters affecting the public health, nor a school board, acting under its general power or under the board of health, has authority to exclude children from the public schools where smallpox does not already exist, or is…
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Appeal from tbe District Court of Ramsey County, Honorable 0. W. Buttz, Judge. In tbe absence of any statute making vaccination a condition precedent to tbe right of admission to tbe public schools, neither a board of health having general control of matters affecting the public health, nor a school board, acting under its general power or under the board of health, has authority to exclude children from the public schools where smallpox does not already exist, or is reasonably apprehended. Potts v. Breen, 167 Ill. 67, 47 N. E. 81; Dawbaugh v. Board of Education, 177 Ill. 572, 52 N. E. 850;…
1Dissent
Cole, District Judge.
I dissent. It seems to me that the majority opinion in this case is straining very hard at statutory construction that absolutely kills the intent and purpose of the statute, the purpose of the legislative body.
Stress is laid upon the word “prevention” in the majority opinion, and the word “cure” used in connection therewith. It seems to me that the majority opinion has not given proper attention to the definition of the word “prevent” or “prevention.” This is defined in the different dictionaries and given a very specific and well-understood meaning, and it has also been…
2Cases cited15 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Matter of ViemeisterNew York Court of Appeals · 1904
- Wright v. . HartNew York Court of Appeals · 1905
- Commonwealth v. StraussMassachusetts Supreme Judicial Court · 1906
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