Abeel

This was a proceeding for a writ of mandamus to compel the defendant, who is the principal of a public school in the city of Santa Cruz, to admit James Abeel as a scholar. The trial court gave judgment for the defendant, and the plaintiffs appeal.

The only ground upon which admission to the school was refused was, that said James Abeel had not complied with the provisions of what is known as the vaccination act. This act provides, in substance, that the trustees of the several common-school districts, and boards of common school government of the cities and towns in this state, shall “exclude from the benefits of the common *228 school therein any child or any person who has not been vaccinated, until such time when said child or person shall be successfully vaccinated; provided, that any practicing and licensed physician may certify that the child or person has used due diligence, and cannot be vaccinated so as to produce a successful vaccination, whereupon such child or person shall be excepted from the operation of this act. ” It is further provided that the trustees, etc., shall provide vaccine virus for children whose parents are not able to have them vaccinated, and that…