218 Pa. 168 | Pa. | 1907
Opinion by
The mandamus in this case went out against the school directors of the Waynesboro school district to compel them to exclude from one of its schools a child who had failed to submit a certificate signed by a physician, setting forth that she had been successfully vaccinated, or that she had previously had smallpox. Such a certificate is required by the twelfth section of the Act of June 18, 1895, P. L. 203, as a condition of a child’s right to be admitted to the public schools. On this appeal the appellants raise two questions : 1. Does the twelfth section of the act of June 18, 1895, impose any duty upon school directors ? 2. Can mandamus issue against them to compel them to exclude a scholar from a public school until such scholar has furnished the certificate called for in the twelfth section of the act ?
In the petition of the attorney general for the writ there is no allegation of a failure or refusal by the appellants to perform any duty imposed upon them by the general school laws of the commonwealth. The duty which it is alleged they have neglected is specifically stated to be that of enforcing the provisions of the twelfth section of the act of June 18, 1895, and the prayer is for a writ to compel them to perform it. That section is as follows : “ All principals or other persons in charge of schools as aforesaid are hereby required to refuse the admission of any child to the schools under their charge or supervision, except upon a certificate signed by a physician, setting forth that such child has been successfully vaccinated, or that it has previously had smallpox.” If the duty is imposed upon the appellants as school directors to exclude from one of the public schools under their direction a child not having the certificate required by the foregoing section, the writ of peremptory mandamus properly went out; but if, in the act invoked, no duty appears to be imposed upon them, the writ should have been denied.
The act of 1895 is “for the more effectual protection of the public health in the several municipalities of this commonwealth.” It is composed of twenty-one sections, but only the eleventh, twelfth, thirteenth, fourteenth and twenty-first relate to schools. By the eleventh section no child belonging to or residing with a family in whose house any person may
Prom other portions of the act it is clear that the legislature did not intend by the twelfth section to impose any duty on directors. In the first ten sections relating to certain duties to be performed in the interest of public health nothing is left to implication as to who are to perform them, and who
From the thirteenth, fourteenth and twenty-first sections it appears still more clearly that school directors are not “ other persons ” charged with the duty prescribed in the eleventh section. The thirteenth section requires the health authorities of a municipality to furnish to principals or other persons in charge of schools, and to physicians, the necessary certificates or blanks for the uses and purposes set forth and required in sections eleven and twelve, but there is no direction that the same shall be furnished to school directors ; and, by the fourteenth section, it is made the duty of the health authorities to furnish daily, by mail or otherwise, to principals or other persons in charge of schools, a printed or written bulletin containing the name, location and disease of all persons suffering from cholera, smallpox, etc., with a proviso that said authorities may, in lieu of the daily bulletin, give a notice to the school or schools attended by the children in whose home or residence any of the diseases mentioned exist. Here is a distinct proviso that the daily notice may be given to the school or schools attended by the children in whose home or residence diseases may exist, and by school or schools the legislature certainly meant the places where the pupils are attending, and the daily notice to be given there can be given only to teachers, for directors are not daily present at schools. But, in the twenty-first section, it conclusively appears that school directors do not have any duties imposed upon them by the act, for that section, in prescribing a punishment for a neglect of
The child in this case ought to have been excluded from the school. The duty of doing so was imposed upon the principal or teacher in charge of the school, and he is not only culpable for neglecting to perform it, but has incurred the penalty prescribed by the last section of the act. The directors ought to have seen that their employee having charge of the school obeyed the injunction of the statute, and, if he did not, it would have been proper for them to exclude the child. They had the right to do so before the passage of the act of 1895: Duffield v. Williamsport School District, 162 Pa. 476, and since its passage they ought not to have hesitated in seeing that it was observed by the teachers. But that is not the question before us. We are simply to determine whether a ministerial duty was imposed upon the appellants by the act of 1895, which they have neglected to perform. No duty can be there found, and, in the absence of it, there was nothing for the court to command them to do under the petition presented.
The judgment below is reversed, and judgment is entered for the respondents on their demurrer.