State Board of Health v. Board of Trustees

This case comes here on -appeal from a judgment of the superior court of Santa Cruz county, sustaining the demurrer of the defendants to plaintiff’s petition for a writ of mandate, and directing the entry of judgment for the defendants, and that the plaintiff’s petition herein be dismissed.

The plaintiff is the state board of health, and the defendants are the trustees of Watsonville School District. The petition must be taken as true for the purposes of this decision. It appears therefrom that the petitioner has demanded, and that the defendants as -such trustees have at all times refused, and now refuse, to exclude from the benefit of the common schools of said district all unvaccinated children residing therein. It is claimed to be the duty of defendants, as trustees, by virtue of their office, to exclude from said school all school children who have not been vaccinated, under an act of the legislature entitled “An act to encourage and provide for general vaccination in the State of California,” approved February 20, 1889 (Stats. 1889, p. 32).

It is contended by the said school trustees that the said act is unconstitutional and void, for the reason that it is an abuse of the…