State ex rel. McFadden v. Shorrock

Citations

• 55 Wash. 208
• 104 P. 214
• 1909 Wash. LEXIS 734

Syllabus

<p>Statutes — Title and Subjects — School Laws — Vaccination. Tbe provision in the school law for compulsory vaccination is within and germane to the title “An act to establish a general and uniform system of public schools,” since the title need not be a complete index of the act, and may cover but one general subject, and the clause but defined the class of persons permitted to attend school and includes the means of effecting the object sought.</p> <p>Schools and School Disteicts — Conditions of Membebshep— Statutes — Repeals—Conflict. The act, Laws 1907, p. 569, providing for compulsory attendance upon the public schools, does not conflict with or impliedly repeal the prior act, Laws 1905, p. 2'62, § 3, subd. 9, providing that successful vaccination shall be required as a condition precedent to school membership; and the two acts together require compulsory vaccination.</p> <p>Same — Compulsoby Attendance and Vaccination. The legislature has power to require all minors to attend the public schools and all pupils to be vaccinated.</p> <p>Same — Statutes—Exceptions Peesumed. In a law for the compulsory vaccination of all pupils attending the public schools, an exception will be presumed in favor of individuals whose health is such as to render the operation dangerous or injurious.</p> <p>Same — Exceptions—Statutes—Definiteness. A law requiring “successful vaccination” of school children is not too indefinite for enforcement because of its failure to define the terms used; and permitting attendance after the usual reaction, or after three operations without reaction, is not a violation of the statute, but a recognition of an intended exception.</p>