Article January 10, 1920 Issue

[A Decision by the Supreme Court of Illinois]

"In the case of Potts vs. Brenn (Vol. 167 Sup. Reports,...

"In the case of Potts vs. Brenn (Vol. 167 Sup. Reports, page 67), the Supreme Court of Illinois, Justice Carter in delivering the opinion of the court, among other things said:—

"'Section 1, of Article 8, of the Constitution provides that, "the General Assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education." It is therefore seen that the right or privilege of attending the public schools is given by law to every child of proper age in the state, and there is nowhere to be found any provision of law prescribing vaccination as a condition precedent to the exercise of this legal right. ...

"'It is doubtless true that in a large number of school districts in interior part of the state no cases of smallpox have ever existed in the history of the state, and yet by this order of the board no citizen who has children to educate, although compelled by law to pay taxes to support the public school, can send his child to such school without first having such child vaccinated as a precaution against a disease which had never appeared, and where there was no apparent danger that it would ever appear in the vicinity. ...

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