Reasons why the vaccination law should not be repealed : a consideration of some of the arguments of the anti-vaccinationists / published by the Committee on Vaccination Connecticut State Medical Society.

  • Connecticut State Medical Society.
Date:
1907
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Licence: Public Domain Mark

Credit: Reasons why the vaccination law should not be repealed : a consideration of some of the arguments of the anti-vaccinationists / published by the Committee on Vaccination Connecticut State Medical Society. Source: Wellcome Collection.

Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.

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    The purpose and effect of our vaccination laws are clearly set forth in an opinion by the late Chief Justice Tor- rance, in the case of Bissell vs. Davidson, 65 Conn., 190. The decision in that case disposes effectually of the con- tention of the anti-vaccinationists (1) that vaccination, under the statute, is compulsory, and (2) that the law is uncon- stitutional. Chief Justice Torrance says: The plaintiff contends that the statute conferring the power to require vaccination as a condition of admission to, or attendance at, the public schools, violates certain pro- visions of the Constitution of this State, and of the four- teenth amendment to the National Constitution. He says in effect, that it allows the privileges of the common schools to those who believe in vaccination, and denies it to those who do not; that it deprives him of his rights without due coiirse or process of law, and denies to him the equal pro- tection of the laws. These objections to the validity of the statute, and the reasons and arguments urged in support of them, seem to proceed under a misconception or misapprehension of the real nature and object of the statute. The statute in ques- tion forms a part of the laws relating to our common school system, and must be read as a part of those laws. The duty of providing for the education of the children within its limits, through the support and maintenance of public schools, has always been regarded in this State in the light of a governmental duty resting upon the sovereign State. It is a duty not imposed by constitutional provision, but has always been assumed by the State; not only because the education of youth is a matter of great public utility, but also and chiefly because it is one of great public necessity for the protection and welfare of the State itself. In the performance of this duty, the State maintains and supports at great expense, and with an ever watchful solicitude, public schools throughout its territory, and secures to its youth the