A VACCINATION ORDER

Taranaki Daily News, Volume XLVII, Issue 81904, 17 December 1906, Page 2

A VACCINATION ORDER

AN INTERESTING DECISION. Per Press Association, Napier, December 10. Yesterday, the Magistrate, Air Brabant, gave a decision in a vaccination case against a school teacher named Macfarlaue. This was a case in which the defendant had applied for an exemption certilicate for his child on tne ground that he objected to vaccination. The application was refused, on the ground that the application did not show that defendant had a conscientious opinion that vaccination would be prejudicial to his ehilds health, but that he objected to vaccination in toto. The vaccination inspector, therefore, applied for an omer directing the defendant to cause the child to be vaccinated. The decision of the .Magistrate is interesting, as no previous decision had oeen given on this point. It was as follows;— - 'i am of opinion that the defendant has shown no sufficient cause why the child should not be vaccinated. Ido not think that the fact of the defendant having a conscientious objection now to Uiis chini | being vaccinated would be a 'sullicient cause' now, seeing that the defendant applied for a certilicate within the time lixed by law for such application and was refused, but even if the conscientious objection could be so considered, still the defendant has shown no cause, because the 'conscientious objection,' considered in the light of Lord Alverston's remarks, does .not exist. On defendant's own showing, his objection is to vaccination generally, and not to the vaccination of this particular child. In my opinion if the Statute had intended that a parent could obtain exemption by saying to the inspector that he objected to vaccination, and wouldn't have it done, it would have been made clear by the Statute itself. Ido not see my way to re--fuse the order asked for by the inspector, if the opponents of vaccination have any doubt as to the correctness of this decision, 1 hope they will carry the (question to the Higher Court,, and get it satisfactorily settled. The order for vaccination is accordingly made." ' I Leave to appeal was given.