Glover v. Board of Education

Citations

• 14 S.D. 139
• 84 N.W. 761
• 1900 S.D. LEXIS 18

Syllabus

<p>Mandamus was issed to a city board of education directing it to admit a pupil whom it had suspended for failure to comply with its order requiring vaccination, because there was no smallpox in the city, and the order was without justification as a sanitary measure. Subsequently such pupil was admitted to the school in compliance with the writ, and on the day he was admitted the board, being officially advised by the state and county health boards that smallpox was then prevalent in the vicinity of the city, again suspended such pupil until he presented proof of vaccination. Held, that the subsequent suspension did not subject the board to contempt, as in violation of such writ, since on such emergency, arising after the pupil’s readmittance, it was justified in suspending him during the continuance of the danger.</p>