VACCINATION. State-supported facili ties for vaccination began in England in 1808 with the national vaccine establishment. In 1840 vaccination fees were made payable out of the rates. The first compulsory act was passed in 1853, the guardians of the poor being intrusted with the carrying out of the law. In 1867 an act was passed rather to remove some technical difficulties than to enlarge the scope of the former act ; and in 1871 an act was passed which compelled the board of guardians to appoint vaccination of ficers. The guardians also appoint a public vaccinator, who must be duly qualified to practice medicine, and whose duty it is to vaccinate any child resident within his dis trict brought to him for that purpose, to ex amine the same a week after, to give a cer tificate and to certify to the vaccination offi cer the fact of vaccination or of insuscepti bility.
The parent of any child born in England must have it vaccinated within six months, except in the case of a parent who within four months of birth makes and files a statu tory declaration that he conscientiously be lieves that vaccination would be prejudicial to the health of his child.
Vaccination was made compulsory in Ba varia in 1807 ; Denmark,. 1810 ; Sweden, 1814 ; Wiirttemberg, Hesse and other German states, 1818 ; Prussia, 1835 ; Roumania, 1874; Hun gary, 1876 ; and Servia, 1881.
It is required by some acts that a child shall be vaccinated as a condition to his be ing admitted to or attending public schools; Com. v. Smith, 24 Pa. Co. Ct. R. 129 ; al though small-pox is not prevalent or appre hended in the community. Under other stat utes the rule is held to apply only where there is a reasonably well-founded belief that Small-pox is prevalent in the community or is approaching thereto ; Com. v. Pear, 183 Mass. 242, 66 N. E. 719, 67 L. R. A. 935 ; State v. Hay, 126 N. C. 999, 35 S. E. 459, 49 L. R. A. 588, 78 Am. St. Rep. 691. It has been held in such a case that an unvaccinated pupil may be excluded from the school, even if he is not a fit subject for vaccination ; Ham mond v. Hyde Park, 195 Mass. 29, 80 N. E. 650. It is provided in some acts that, before a pupil may attend the public schools, he must present a certificate of a reputable phy sician that he has been successfully vaccinat ed; Com. v. Rowe, 218 Pa. 168, 67 Atl. 56 ; or
has had small-pox; Field v. Robinson, 198 Pa. 638, 48 Atl. 873 ; or one excusing him from vaccination ; State v. Board of Educa tion of Barbertown, 76 Ohio St. 297, 81 N. E. 568, 10 Ann. Cas. 879 ; such as a certificate that by repeated trials he has been shown to be immune from vaccination ; Auten v. School Bd., 83 Ark. 431; 104 S. W. 130. Statutes requiring or authorizing a school board to require the vaccination of pupils as a condition to their being admitted to or at tending schools have been held to be a valid exercise of the police power ; Stull v. Reber, 215 Pa. 156, 64 Atl. 419, 7 Ann. Cas. 415 ; and have also been held not to be in contraven tion of the provision of the federal constitu tion that no person shall be deprived of any right without due process of law; Bissell v. Davison, 65 Conn. 183, 32 Atl. 348, 29 L. R. A. 251; or of a provision of a state constitu tion relating to the maintenance of public schools wherein all children of eligible age may receive an education ; Viemeister v. White, 179 N. Y. 235, 72 N. E. 97, 70 L R. A. 796, 103 Am. St. Rep. 859, 1 Ann. Cas. 334.
An adult is not deprived of the liberty se cured by the 14th amendment, by the enforce ment against him of a compulsory vaccination law ; at least where he does not show, with reasonable certainty, that he is not at the time a fit subject of vaccination, or that vac cination, by reason of his then condition, will seriously impair his health, or possibly cause his death; Jacobson v. MaSsachusetts, 197 U. S. 11, 25 Sup. Ct. 358, 49 L. Ed. 643, 3 Ann. Cas. 765 ; this case gives much historical in formation, as well as a full consideration of the various statutory provisions on the sub ject.
The report of the Pennsylvania State Vac cination Commission, Emil Rosenberger, Chairman, is that the power of vaccination against smallpox has been con clusively established and that vaccination is a relatively harmless procedure" (two mem bers dissenting). It refers to the vaccination requirements of all European nations except Austria and Russia and states that, except in respect of the conscientious objection pro vision in England (supra), the rigor of the requirements in the two last decades has in creased.