THE COLUMBIAN, BLOOMSBURH. P
5
. EVANS' SHOE STORE.
f'A '
THE COLUMBIAN.
BLOOMSBURG, FA.
HUKDAY, FEBKUAItY 14 1107
Jtnterrd at thf font opiif, Btomntfmrg, Pa.
an uramil ciiu fmiffer, March 1, IHHh,
BUSINESS LOCALS.
Cheap Olubliug Offer-
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price. They are the following:
Columbian and American
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Columbian and New York
tfcThrice a Week World $1.50
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Columbian and Woman's
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Calendar pads for 1907 at the
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Visiting cards and Wedding iuvi
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Supervisors' Blanks.
We have printed a supply of
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new law, and will keep them in
stock. They include order books,
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Samples sent on application, tf.
Souvenir Post Cards are printed
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tf.
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Vote for Francis R. Drake for
Director of Bloom Poor District.
Adv.
Mrs. William Leverett is the
guest of her sister, Mrs. Geo. E.
El well.
C. C. Yetter & Co. have engaged
in the real estate business. They
will buy and sell real estate, and
make loans on mortgages.
.
Voters, read the last statement of
Bloom Poor District, and vote for
Drake for Director. He helped
save money for the district. Adv.
.
The Columbia County Medical
Society has endorsed Dr. L,. B.
Kline of Catawissa for the Presi
dency of the Pennsylvania Medical
Society.
It Keep, the Feet Warm and Dry.
Ask todar for Alton's Foot-Ease, a powdor. It
cures Chilblains, Swollen, Sweating', Sore, Ach
ing, Damp feet. At all Druggists and shoe
fit ires, U60. K-T-'U
F. R. Drake has been a member
of the Bloom Poor Board for the
past year and a half, and under
stands the business of the district.
Why not retain him for a full term?
Adv.
Another wreck occured on the S.
B. & B. R. R. on Tuesday morning
caused by the breaking of a truck.
Five freight cars were demolished.
The wreck happeued near Ottawa.
The track was blocked the balance
of the day.
The following letters remain in
the Bloomsburg, Pa. post office:
Miss Clara Carpenter, Mr. B. F.
Dickson, Mr. Win. Glover, Mr. W;
P. Kline, Mon. Henry Pattou,
Linn Stilson; Cards: Miss Mary
Craw, Mr. E. R. Van Horn (2),
Mrs. Lizzie Walters.
Two deaths have occurred from
diphtheria in the family of Frank
Sterner, of East Eighth street, the
second child, aged 2 years, dying
on Tuesday morning. The family
has been quarantined for souie time.
The remains were buried in Rose
mont the same afternoon, none of
the family being able to leave the
house to attend the burial.
Wc arc Headquarters for
Useful X Mas Presents.
Men's Christmas Slippers in alll leather
and velvets,
PRICE, 50 cts to $2.00.
Women's Fur Trimmed Felt Slippers
with llcxible leather soles.
PRICE, $1.00 to $1.50.
Colors Black, Red and Drab.
Full line of Children's slippers and
shoes for Christinas.
The Progressive Shoe Store
VACCINATION.
OPINION Of THE SUPREME COURT OF
PENNSYLVANIA.
Reaffirming the Validity of the Act of June 18
IR95, Which Requlreilhf Excluiion From
the Public School of Children Who
Have Not Been Vaccinated.
The following opinion of the Su
preme Court was rendered in a case
from Franklin county and was 61ed
in May, 1906. As it discusses a
subject that has been more or less
agitated in this county, we print it
in full. The opinion was filed by
Chief Justice Mitchell.
STULL ) January, 1906.
v. No. 63, C. P. Franklin.
REBER )
Filed May 7, 1906.
The substantial question in this
case is whether the Act of June 18,
1895, P. L. 203, requiring the ex
clusion from tlie public schools of
children who have not been vacci
nated is a valid exercise of the
police power of the State. It has
been twice so decided by this court.
In Duffield v. School District of
Williamsport, 162 Pa. 476, a simi
lar regulation not even exacted by
the legislature but enforced by the
school directors under an ordinance
of the city of Williamsport was held
valid. And in Field v. Robinson,
198 Pa. 638. this very statute of
June 18, 1895, was held constitu
tional. It appears to be thought
that because the decision was given
in a brief opinion per curiam the
subject was not fully considered
But the proper inference is precise
ly the reverse, that the conclusion
was so perfectly clear to the whole
court that it did not require any
exterded argumentative support.
Aftet these two decisions the
question ought to have been cousid
ered as closed. But we have it
raised again with small variations
of facts and considerations uone of
which are at all material.
On the constitutional question it
is said that section 12 ot the act
contravenes sections 7 and 8 of ar
tide 3 of the constitution in that it
is local and special legislation, re
gulating the affairs of school dis
tricts. The terms of the act apply
expressly to the several munici
palities" of the State and it is
argued that they do not include
school districts in townships and
therefore make an unwarranted dis
tinction in regard to such districts.
Whether townships are municipali
ties within the intent of the act it
is not now necessary to consider.
Even if not, the separate classifica
tion of school districts in cities and
boroughs with reference to public
health where population is dense
and the danger of contagion great,
would not be unconstitutional.
Sugar Notch Borough, 192 Pa. 349.
But the act is in no proper sense
a regulation of school districts. It
is an act entitled "for the more ef
fectual protection of the public
health in the several muuicipalities
of the Commonwealth" and is a
general statute on that subject.
What bearing it has on schools and
school districts is altogether inci
dental to them as constitueuts of
the community. The constitution
al restrict ons on special legislation,
not to the incidental operation of
statutes constitutional in themselves
upon other subjects than those with
which they directly deal. Sugar
Notch Borough, 192 Pa. 349.
It is further said that section 12
contravenes section 1 of article 10
of the Constitution, requiring the
maintenance of an efficient system
of public schools wherein all child
ren above the age of six years may
be educated. It is sufficient to say
that this article like all others must
be construed and applied in con
nection with other fundamental
governmental powers. The schools
and school children, important as
they are, are only fractions of the
community and the police power of
the commonwealth in the preserva
tion of the public health must, if
uecessity arises, sacrifice the less to
H. W. CHAMP LIN M.D.
EYE, EAR, NOSE AND THROAT.
Particular attention to examining and treat
Ing children' ye.
3rtt Cu-Uiit Jt&vfeutbvtj, fr.
the "greater interest. Salrt populi
surema lex. It a child manifestly
suffering from small pox in its con
tagious stage should be excluded
from school, it is hardly conceiv
able that the propriety of such ac
tion should be questioned. At what
period before or after the outbreak
of the disease the right of exclusion
should arise is a legislative, not a
judicial question. As said by our
late brother willtams in Duffield v.
School District, 162 Pa. 476, al
ready cited, "It is conceded that
the Board might rightfully exclude
the plaintiff's son if he was actually
sick with, or just recovering from
the small-pox. Though he might
not be affected by it, yet if another
member of the same family was,
the right to exclude him notwith
standing he might be in perfect
health, would be conceded. How
far shall this right to exclude one
for the good of many be carried i
That is a question addressed to the
official discretion of the proper of
ficers; and when that discretion is
honestly and impartially exercised
the courts will not interfere."
These words it should be remem
bered were written with reference
to authority exercised under a city
ordinance, and a fortiori when the
police power of the state intervenes
under the authority of a statute its
directions are commands that may
not be disputed.
It is further argued that sections
1 1 and 12 of the act should be read
together, and the right under sec
tion 12 to exclude unvaccinated
children should be confined to the
schools in the districts mentioned
in section 1 1, namely those in which
small pox is actually prevalent.
But this is manifestly not the legis
lative intent. Section 11 deals with
a present and immediate danger,
with persons, dwellings and places
where the disease actually prevails,
and its prohibition includes adults
as well as children, vaccinated or
not. Section 12 on the contrary is
a cautionary and prospective regu
lation, having in view not the ac
tual presence of the disease but its
appearance in the future. The ob
jects of the two sections are dis
tinctly different.
In this connection the learned
judge below found as a fact "that
there is not at the time of the
filing of this bill, nor has there
been for a period of about forty
years any person in the said bo
rough of Waynesboro or within
many miles thereof, suffering from
small pox (variola or varioloid),
and it is argued that this feature
distinguishes the case from those
heretofore decided by this court
But the language of the act is gen
eral and its intent plain. The leg
islature may well have had in mind
that the good fortune of such a
community may not continue mde
finitely. Immunity for forty
years in the past afforde no guar
anty of immunity for even forty
days in the future if a chance visi
tor from an infected locality or a
borough resident returning from a
visit to such locality should bring
with him the germ of infection.
Section 12 is precautionary aud
preventive, and it is an old and
sound maxim that an ounce of pre
vention is worth a pound of cure.
There is one hardship in the
twelfth section that may deserve
consideration with a view to a pos
sible remedy. The court found as
a facl "that occasionally it is be
yond the power of children of
school age as well as adults to be
vaccinated, although they may not
previously have had the small pox
nor previously been vaccinated;
that even repeated attempts to per
form 'he operation of vaccination
up n such children or adults is
without effect and vaccination will
not take. In such cases vaccina
tion is not successful and a physi
cian cannot certify that such child
or adult has been successfully vac
cinated." The health authorities,
state or local might well consider
whether they have power to make
a regulation as to what should be
deemed a successful vaccination or
its equivalent; whether the ratio of
such immune children is of suffi
cient importance to justify the ex
ercise of such power if possessed;
and whether such regulation would
be undesirable as affording oppor
tunity for the evasion cf the statute.
The latter however are medical and
administrative rather than judicial
questions.
Lastly it is argued that constru
ing section 12 as we have done, it
authorizes a trespass upon the re
served rights of the individual
which are beyond the reach of even
the police power. Vaccination, it
is said, is the infliction of a disease,
cowpox, on the subject and if that
can be done irrespective of his con
sent then the next step may be to
require submission to inoculation
with antitoxin or serum for diph
theria, tuberculosis, cancer, etc..
and we have rather a dismal picture
of the possible consequences. It
will be time enough to consider such
matters when they arise. At pre
sent the vast preponderance of opin
iou among intelligent and elurated
people, vender the guidance of the
best medical authority is that vac
cination is a highly useful ameliora
tive if not always a preventative of
one ot the greatest scourges that
have in past times afflicted human
ity, and that the regulation of it by
statute is not only a justifiable but
a wise and beneficent exertion of
police power over the public health.
When the legislature goes beyond
that into new or more debatable
fields, it will be time enough to con
sider the limits of its power.
One expression in the opinion of
the court below, and in some of
the cases cited in the argument re
quires a passing note. The act is
not a penal statute. It is a broad
general act relating to the health of
the whole population of the Com
monwealth. It is not therefore to
be construed or administered by
the rigid technical rules applicable
to penal laws, but fairly according
to its intent, neither narrowing it
to the letter, to the exclusion of
cases clearly witHn such intent,
nor stretching it beyond its legiti
mate scope to cover matters not
clearly meant to be included. It
is an act touching very closely
common rights and privileges and
therefore specially requiring a com
mon sense administration.
Decree affirmed.
To the Voters of Bloomsburg.
I am a candidate for a second
term as School Director. I trust I
have discharged my duties faithful
ly, and of this I am willing that
the teachers and patrons of the
schools shall be the judges. If
elected to succeed myself, I shall
do my utmost to advance the cause
of education in our schools. Feeling
I have earned a second term, I
respectfully solicit your votes.
2t Fred B. Hartman
Covet nor Stuart has a pointed
James A. Stranahau, of Harrisburg,
and James Scarlet, of Danville as
counsel in the investigation of the
new capitol alleged crookedness.
Auditors are now at work examin
ing the records as to the cost of the
building, and upon their conclusion
counsel will have something to start
on.
Wellington Risewick, who lor
many years was a resident of this
town, died at Isanttcoke last Fn
day, aged 68 years. His wife who
survives him, was Miss Rachel
Long, of Bloomsbu'g. He was en
gaged here in the livery business
with his brother, George Risewick,
who conducted the livery now own
ed by R. C. Bnckalew. The fu
neral took place on Tuesday.
Milton Yorks who has been ser
iously ill with typhoid fever for the
past three weeks, is slowly improv
ing, and his ultimate recovery is
now more than a possibility, pro
viding no unforeseen complication
sets in. For several days during
the past week his case seemed hope
less. The many friends of the
family rejoice with them at the
brightening pro3pect of his re
covery.
Mrs. S. C. Keller died at her
home on Iron street last Friday af
ter an illness of only one week, from
grippe. She was born here and
spent her whole life here. She was
a daughter of Enoch Cadman, and
was an earnest member of the Bap
tist church from girlhood. Her
husband, and the following children
survive her: Mrs. Barton Pursel,
Lizzie, George, and Alice, all of
town. The funeral was held on
Monday.
.
To Mother In This Town.
Children who are delicate, teTertftb and cross
will gt Immediate relief from Mother Gray s
sweei I'owaura ror innuren. 1 ney cieane me
stomach, act on the liver, leaking a lckly child
sii 01 g ana newrny. a cert.a'n cure inr worms.
Sold bvall druutrltits. iiSo. Saunle mailed FKEB.
Address, Allen S. OlniBted, U) Hoy, N. Y. 2-7-U
Frank P. Dildine was found dead
in a chair at the pumping station
of the McIIenry Distilling Co,, at
Bentou, by his wife, on Friday
morning. He was a well known
resident of B ntou. He was em
ployed at the pumping house, and
failing to come home at the usual
time, his wife went for him, and
found him as above stated.
The funeral was held on Sunday
afternoon in the Benton Presbyte
rian church.
J. F. Fox died at the Soldiers'
Home at Erie, on Tuesday morn
ing. He went there last August,
and hi death was probably sudden,
as the family had no information
that he was ill. He was a veteran
ot the civil war, and was aged 76
years. For many years he was en
gaged in the bakery and confection
ery business, and lived in Blooms
burg most of his life. His surviv
ing children are Margaret, Annie,
and John, of Bloomsburg, and Mrs.
J. S. Gilbert, of Mt. Holly, N. J.
fear, th I V. 'J Hi Always Bjufiht
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