VACCINATION CASE.

Gisborne Times, Volume XXIV, Issue 1960, 17 December 1906, Page 3

VACCINATION CASE.

SCHOOL TEACHER ORDERED TO COMPLY WITH LAW. PRESS ASSOCIATION Napier, last night. Yesterday the Magistiate, Mr Brabant, gave a deoision in a vaccination case against a sohool teaoher namsd Maofarlane. This was a case in whioh the defendant had app.isd for an exemption certificate for his obild on the ground that he objeoted td vaooination. Toe applioitlon was refuse !, on the ground that the application did not ahow that defendant had a conscientious opinion that vaocina tlon would be prejudicial to his ohiid’s health, but that he oDjaoted to vaooination in toto. The vaooination inspeotor therefore applied for an order directing the defendant to oause the child to be vaooi nated. The deoision of the Magistrate is in foresting, as no previous deoision had been given on this point. It was as follows : "I am pf opinion that the defendant has shown no sufficient oause why the child should not be vaccinated. I do not think that the fact of defendant haviog a oonsoientious objection now to this obild being vaccinated would be a sufficient cause now, seeing that the defendant applied for a certificate within the time fixed by law for such applications, and was refused, but even if the conscientious objection could he so considered, still tho defendant has shown no oau3o because the conscientious objection, considered in the light of Lord Alverston’s remark?, does not exist. On defendant’s own showing his objection is to vaccination generally, and not So the vaooination of this particular child, la my opinion if tho Statute had intended that a parent could obtain cxsmpiion by saying to the Inspector that he objected So vaccination and would not have it done, ft would have been mado ciesr by the Statute itaoif. Ido not see my way to refuse the order asked for by shß Inspector, If the opponents of vaccination have any doubt as to the correctness of this decision, I hope they will carry the question to the Higher Court, and get is satisfactorily settled. The order for vaooination is accordingly made. Leave to appeal was given,