THE LAWS OF MINNESOTA 
~.-£=5 RELATING TO 
BOARDS OF HEALTH AND HEALTH OFFICERS, 
Offenses Against Public Health, 
COMPILED AND ARRANGED 
—W-BY order OF-W— 
THE STATE BOARD OF HEALTH, 
•+»• BY THE 
SECRETARY OF THE BOARD. 
RED WING, MINN.: 
RED WING PRINTINa COMPANY. 
1S82. PREFACE. 
This pamphlet consists of a reprint of the Laws of Minneso- 
ta, relating to Boards of Health, Health Officers and offenses 
against public health. 
It has been compared with the Statutes under the direction 
of Hon. W. C. Williston, Attorney at Law. There are ap- 
pended two letters of the Attorney General of the State, ex- 
planatory of the law. The charters of incorporated villages, 
towns and cities make special provision for the organization of 
their Boards of Health, but when not in conflict with said 
charters the General Laws here mentioned apply. 
For the convenience of Health Officers and others interested 
I have added an analytical index, which is practicall}’- a sum- 
mary of the laws to which it relates. 
The whole is submitted as the first attempt ever made to col- 
late and arrange the legislation of Minnesota respecting 
Public Health, and is commended, not only to the attention of 
Boards of Health and Health Officers, but to every citizen 
whose duty it is to aid and support the State and Local Health 
Boards in their efforts to make sanitary Avork a living and beni- 
ficent reality in our State. 
By Order State Board of Health. 
CHARLES N. HEWITT, 
Secretary and Executive Officer. ANALYTICAL INDEX 
ASYLUMS,— page. 
State Hoard of Health, the advisory Hoard of State respecting Hygiene of i 
ADULTERATION,— 
Of Food and Liquors .... 6 
ATTORNEY GENERAL,— 
Opinions of . a........ ... 10 
BOARD OF HEALTH—STATE,— 
Act organizing i 
Seven physicians constitute i 
How appointed.. ...... i 
Duties of i 
Secretary of—the Executive officer 2 
When to report . 2 
Its communication with local Boards 1 and 2 
Three members a quorum 2 
No member of—except Secretary, to receive other than actual expenses when on duty 2 
To have charge of quarantine I 
Shall hold regular meetings. , 2 
Election of a Presideht'and Secretary. *•..■» 2 
Investigations as to infectious diseases 3 
Regular meetings once in three monthsau..... 2 
BO VRD OF HEALTH—LOCAL,— 
All incorporate towns, villages, boroughs and cities shall have. 2 
'Functions of........ tfiJi ;s..a... gv. .. i...--.-. 2 
To hold monthly meetings .... 2 
To consist of not less than three members...... . J.. j.;....... 2 
Shall have a physician as member when practicable.- _ 2 
Shall have health officer a physician........: .1 ......... 2 
Shall have president a physician: ......... , 2 
Health officers shall be compensated by the council or the body answering thereto 2 
To be elected annually unless otherwise provided by law.. 3 
Penalties for non-performance of duty by.. 3 
Members of—convicted for violating laws are disqualified from membership 3 
Violating law respecting scarlatina disqualified from holding any office to wh ch is 
attached thedutiesof a member of a Board of Health 5 
Township organization of .1 ................... .A...... 3 
Town supervisors constitute ........ 3 
Duties of ... 3 
Shall enforce regulations by fine or 1 mprisonment....... 3 
To give notice of orders and regulations in newspaper or by posting in five public places.... 3 
Shall order removal of nuisance, etc., from private property at expense of occupant within 
twenty-four hours.1.1'. ..... .... 3 
Penalty for neglect to remove a nuisance when ordered by 3 
May remove nuisance at expense of owner 3 
May enter any building or vessel for sanitary purposes.... 4 
Any justice on their complaint shall enforce their entry on private property for specified pur- 
pose ..... ...t.....’ 4 
May remove persons suffering from contagious disease to a separate house under condition 
specified , 4 
To whom may be charged expenses incurred for contagious disease.,..,. , 4 
Provision for care of infected person who cannot be removed,. 4 
Provision for the removal of the well from the infected...... 4 V 
BOARD OF HEALTH—TOWNSHIP,— 
Shall provide hospital for diseases dangerous to public health 4 
BUTTER,— 
To prevent adulteration of 6 
CHILDREN,— 
Unvaccinated cannot be excluded from public schools by school boards 8 
< annot be excluded by Health boards 9 
From families having infectious diseases may be excluded by school board 9 
Cannot he excluded by Health Boards a 
CHEESE,— 
To pi event adulteration of 6 
DISEASES INFECTIOUS,— 
"'Duties of Local Boards respecting 3 4 and 5 
DISEASED AND UNWHOLESOME PROVISIONS,— 
The seller to make the same known to the buyer 5 
The buyer to be fully informed of the true condition of 5 
Fines and imprisonment for violation of law respecting 5 
FINES,— 
For members of Boards of Health neglecting duties 3 and 5 
Violation of regulation respecting scarlet fever 5 
To be placed to the credit of the city etc 5 
For selling diseased or unwholesome food ... 5 
For miik diluted with water or any way adulterated 6 
For milk the product of a diseased animal .• 6 
For adulteration of food and liquor 6 
For adulteration of drugs and medicines 6 
Penalty for inoculation with small-pox to cause its spread < 6 
For physicians or other persons prescribing in a state of intoxication. 6 
For apothecaries selling poison without label 6 
For apothecaries selling poison without a written prescription 7 
For purchasers giving fictitious names - 7 
For depositing dead bodies or offal thereof in rivers, lakes and creeks 7 
For importing or driving diseased sheep into the State 7 
For suffering diseased sheep to run at large . ■•' 7 
For selling diseased sheep . * 7 
The disposal of fines 7 
For selling horses or oilier animals suffering from the disease known as glanders 7 
Paying fines into school fund ._ 8 
Not lawful to bring or own Texas, Cherokee, Indian, or other diseased cattle 8 
HEALTH—PUBLIC,— 
Against fraudulent adulteration of drugs or medicines 6 
Against inoculation with small-pox with intent to spread the disease.. . . 6 
To prevent any physician or other person while intoxicated prescribing drug or other medicine 
to another person .. .... ..... ....- 6 
To compel apothecaries &c. selling or delivering any active poison without having upon label 
the word “Poison,” and the true name thereon in English..... 6 
To prevent the gift or sale of any active poison except the written prescription and record of 
such article 6 and 7 
To prevent purchase of such poison under a false or fictitious name 7 
To prevent deposit on or in any lake, creek or river in Minnesota, of the dead body of any an- 
imal or offal thereof 7 
Toprevent the running at large or sale of diseased sheep ...... 7 
To provide for the recovery of damages against persons importing or driving diseased sheep.. 7 
To prevent the spread of “glanders” in Minnesota 7 
Toprevent importing or owning Texas, Cherokee, Indian, or diseased cattle 8 
Definition of said act ... ......... .. 8 
Health, Boards of—cannot exclude unvaccinated children from the public schools. ........... 9 
Health Boards cannot exclude fr o m the public schools children from families having infectious 
disease 9 
General statutes respecting offenses against. ... ........ 5, 6, 7 and 8 
General statutes against sale of unwholesome provisions for meat or drink 5 
Geueral Statutes against sale of adulterated or diseased—to butter or cheese factors..., 6 
General statutes against fraudulent adulteration of food or drink . • • • 6 
HOSPITALS—STA I E BOARD OF HEALTH,— 
Advisory Board of Health as to hygiene of. . •> • ■ • • 1 
For infectious diseases... ..... 4 
HORSES— < 
The disposing of—suffering with “glanders” or permitting to run on public highways 7 
HEALTH OFFICERS—LOCAL,— 
Duties of. .. e 
Shall make sanitary inspection once in three months. ..A ... 2 
Shall forward copy of monthly report to State Board of Health 2 
Shall make investigations and reports and obey directions of State Board of Health respecting 
infectious diseases...... .».. ■.». .......... 3 
Penalty for violation of duty 3 
INFECTIOUS DISEASES,— 
Health officers to make investigations and reports of 3 
Duties of Local Boards respecting • - 3) 4 and 5 VI 
LOCAL BOARDS,— 
To investigate and report on infectious diseases 3 
Fines for neglect of duty 3 
Election of 3 
Resistence to—how 4 
NUISANCES,— 
Duties of Local Boards respecting 3 
PRISONS,— 
State Board of Health advisory Board of State respecting hygiene of 1 
Public Institutions 1 
REPORTS,— 
Annually required of State Board—to Legislature 1 
SANITARY INVESTIGATIONS,— 
The duty of State Board of Health 1 
SECRETARY OF STATE BOARD OF HEALTH,— 
The executive officer of Board .. 2 
Salary of 2 
Duties of 2 
Necessary expenses of his office—how paid 2 
SCARLATINA,— 
Scarlatina 4 
Duties of Boards of Health respecting 5 
Power to adopt quarantine and sanitary measures to prevent the spread of 5 
Power to forbid persons going to or leaving premises infected by 5 
Disinfecting premises and clothing 5 
Conviction and fines of offenders 5 
Members of boards of health neglecting duties respecting 5 
Laws respecting fines for violation thereof ... 5 
SMALL POX,— 
Duties of Local Boards respecting 4 
Imprisonment for inoculation to spread the 6 
SHEEP,— 
Suffering from contagious disease 7 
TOWNSHIP ORGANIZATION OF BOARDS OF HEALTH,— 
Town supervisors shall constitute a 3 
Power to examine into all nuisances. 3 
Fine for violating any order of the 3 
Notice given of all orders and regulations by publishing the same 3 
Power to remove sourse of filth or cause of sickness 3 
Can enter a building for the purpose of examining into and destroying any nuisance 4 
Duties of—respecting persons sufferfng from infectious diseases 4 
The providing of hospitals for the sick ... 4 STATE BOARD OF HEALTH. 
Being Chapter 15, General Laws, 1872, also found in “General Stat- 
utes, 1878,” Chapter 6, Sections 98 to 102, both inclusive. 
Section i. The Governor shall appoint seven physicians, one from 
the city of St. Paul, and the other six from different sections of the State, 
who shall constitute the State Board of Health and Vital Statistics. 
The physicians so appointed shall hold their offices for four years, and 
»until their successors are appointed, and all vacancies in the Board 
shall be filled by the Governor. 
Sec. 2. The State Board of Health shall place themselves in com- 
munication with the local Board(s) of Health, the Hospitals, Asylums 
and public institutions throughout the State, and shall take cognizance 
-of the interests of health and life among the citizens generally. They 
shall make sanitary investigations and inquiries respecting the causes of 
disease, especially [of] epidemics; the source of mortality, and the 
effects of localities, employments, conditions and circumstances on the 
public health; and they shall gather such information in respect to these 
matters as they may deem proper for diffusion among the people. They 
shall devise some scheme whereby medical and vital statistics of sani- 
tary value may be obtained and act as an advisory Board to the State 
in all hygienic and medical matters, especially such as relate to the 
location, construction, sewerage, and administration of prisons, hospit- 
als, asylums and other public institutions. They shall at each annual 
session of the legislature, make a report of their doings, investigations 
and discoveries, with such suggestions as to legislative action as they 
may deem proper. They shall also have charge of all matters pertain- 
ing to quarantine, and authority to enact and enforce such measures as 
may be necessary to the public health. 2 
Sec. 3. The Board shall hold regular meetings at least once every three 
months, one of which meetings shall be held at the Capitol during the 
session of the legislature. Their first meeting shall be held at the Cap- 
itol within ten days after their appointment shall have been made, and 
three members shall always constitute a quorum for business. They 
shall elect, from their own number, a President and Permanent Secre- 
tary; the latter shall be their executive officer. No member, except 
the Secretary, shall receive any compensation ; but the actual expenses 
of any and all the members, wffiile engaged in the duties of the Board, 
shall be allowed and paid to the extent authorized by this act. 
Sec. 4. The Secretary shall perform and superintend the work 
prescribed in this act, and shall perform such other duties as the Board 
may require. He shall furnish to the legislature when in session such 
information cognate to this act as from time to time they may deem 
necessary. * 
Sec. 5. The Secretary of the Board shall receive from the treasury, 
in quarterly payments, an annual salary of one thousand dollars, and 
his necessary and actual traveling expenses incurred in the perform- 
ance of official duties, after they have been audited by the Board and 
approved by the Governor; and all other necessary expenses arising in 
his office shall be paid out of the treasury in the same manner as those 
of the different departments of State government. 
ProvidedThat the expenses of said Board shall not exceed the sum 
of fifteen hundred dollars per annum. 
(As amended by Chapter 21, General Law's, Extra Session, 1881.) 
An Act relating to Boards of Health, being Chapter 8, General Lawsr 
1873, also found in Chapter 10, “General Statutes, 1878,” Sections 117 
to 120, both inclusive, as amended by General Laws, Extra Session,. 
r 1881, Chapter n. 
Chapter 8, General Laws, 1873: 
Section i. All incorporate towns, villages, boroughs and cities 
Shall have a Board of Health, who shall have and exercise all the 
powers necessary for the preservation of the public health, and who- 
shall hold regular monthly meetings. 
Sec. 2. Said Board shall consist of not less than three members, 
one of whom, when practicable, shall be a physician, and such physi- 
cian shall be health officer and ex-officio President of the Board, and 
shall receive such compensation for his services as the Council, or other 
body * answering thereto, of the town, village, borough or city, shall 
determine. 
Sec. 3. It shall be the duty of the health officer to make, once in. 
every three months and oftener if necessary, a thorough sanitary in- 
spection of said town, village, borough or city, and present a written 
report of such inspection at the next meeting of the Board of Health, 
and he shall forward a copy of his monthly report as soon as rendered 
to the State Board of Health; and all local Boards of Health and 3 
health officers shall make such investigations and reports, and obey 
such directions as to infectious diseases as shall he directed by the 
State Board of Health. “And any member of any Board of Health, 
or health officer, who shall neglect to perform the duties required of 
him under the provisions of this act, or any other act relating to the 
duties of the Boards of Health, or health officers of this State, or who 
shall neglect or refuse to obey any reasonable directions as to infectious 
diseases as shall be directed by the State Board of Health, shall be 
liable, upon conviction in any court having competent jurisdiction, to 
be fined in a sum not less than twenty-five (25) dollars, or more than 
one hundred (100) do lars, and shall become disqualified from holding 
the office of a member of a Board of Health.” (Part in “ ” added) 
(Laws Extra Session, 1881, Chapter n.) 
Sec. 4. The Board of Health referred to in Section one, shall be 
elected annually by the Council, or other body answering thereto, of 
each incorporate town, village, borough and city, unless a different 
term or mode is now provided by law, and such election shall be had 
at the next election that shall be held in such places. 
Township Organization of Boards of Health : 
Chapter io, General Statutes of 1878. 
Section 51. The Town Supervisors shall constitute a Board of Health, 
and within their respective towns shall have and exercise all the powers 
necessary for the preservation of the public health. 
Sec. 52. The Board of Health may examine into all nuisances, 
sources of filth and causes of sickness, and make such regulations res- 
pecting the same as they may judge necessary for the public health 
and safety of the inhabitants; and every person who shall violate any 
order or regulation made*by any Board of Health, and duly published, 
shall be deemed guilty of misdemeanor, and punished by a fine not 
exceeding one hundred dollars, of by imprisonment in the county jail 
not exceeding three months. 
Sec. 53. Notice shall be given by the Board of Health of all orders 
and regulations made by them, by publishing the same in some news- 
paper, if there is one published in such town; if there is none, then by 
posting up such notice in five public places therein; and such publica- 
tion of said orders and regulations shall be deemed a legal notice to 
all persons. 
Sec. 54. Whenever any nuisance, source of filth, or cause of sick- 
ness, is found on private property, the Board of Health shall order the 
owner or occupant thereof, at his own expense, to remove the same 
within twenty four hours; and if the owner or occupant neglects so to 
do, he shall forfeit a sum not exceeding fifty dollars, to be recovered in 
the name of and for the jise of the town. 
Sec. 55. Whenever such owner or occupant shall not comply with 
such order of the Board of Health, said Board may cause the said 
nuisance, source of filth, or cause of sickness to be removed, and all 4 
expenses incurred thereby shall be paid by the said owner, or occupant, 
or by such other person as has caused or permitted the same. 
Sec. 56. Whenever the Board of Health thinks it necessary, for the 
preservation of the health of the inhabitants to enter any building or 
vessel in their town for the purpose of examining into and destroying, 
removing or preventing any nuisance, source of filth, or cause of sick- 
ness, and shall be refused such entry, any member of the Board may 
make complaint under oatli to a Justice of the Peace of his town, stat- 
ing the facts in the case so far as he has knowledge thereof. 
Sec. 57. Such Justice shall thereupon issue a warrant, directed to 
the sheriff or any constable of the county, commanding him to take 
sufficient aid, and being accompanied by two or more of the Board of 
Health, between the hours of sunrise and sunset, to repair to the place 
where such nuisance, source of filth or cause of sickness complained of 
may be, and the same destroy, remove, or prevent, under the direction 
of the members of such Board of Health. 
Sec. 58. When any person coming from abroad, or residing in any 
town or city within this State, is infected or lately has been infected 
with the small-pox or other contagious disease dangerous to the public 
health, the Board of Health of the town or city where such sick or in- 
fected person is, may immediately cause such person to be removed to 
a separate house, if it can be done without danger to his health, and 
shall provide for such person or persons, nurses, medical attendance, 
and other necessaries, which shall be a charge in favor of such town or 
city upon the person so provided for, his parents, guardian or master, 
if able, otherwise upon the county to which he belongs, or upon the 
State, if said person be a non-resident of the State. 
(As amended 1872, Chapter 60.) 
Sec. 59. If such infected person cannot be removed without dan- 
ger to his health the Board of Health shall make provision as directed 
in the preceeding section for such person in the house where he may 
be, and in such case, they may cause the persons in the neighborhood 
to be removed, and may take such other measures as they may deem 
necessary for the safety of the inhabitants. 
Sec. 60. When a disease dangerous to the public health breaks 
out in any town, the Board shall immediately provide such hospital or 
place of reception for the sick and infected as is judged best for their 
accommodation and the safety of the inhabitants, which shall be sub- 
ject to the regulations of the Board; and the Board may cause any sick 
and infected persons to be removed thereto, unless his condition will not 
admit of such removal without danger to his health, in which case the 
house or place where he remains shall be considered as a hospital, and, 
with all its inmates, subject to the regulations of the Board. 
An Act in regard to Scarlatina, Being Chaptej 137, General Laws of 
1877, also found in Sections 121 to 123, both inclusive, of Chapter 
10, “General Statutes, 1878.” 
Section r. It shall be the duty of any and every member of all 5 
Boards of Health within this State, whenever they are informed that 
there is a case of Scarlet Fever within the territory over which the 
Board of Health, of which he is a member, has jurisdiction, to notify a 
majority of said Board of such supposed facts within six hours after 
said information is received by said member of said Board ; and they 
shall immediately examine into the facts of the case, and if the disease 
appears to be Scarlet Fever, they shall adopt such quarantine and sani- 
tary measures as may, in their judgment, tend to prevent the spread of 
said disease in its locality. 
Sec. 2. And said Board of Health shall have power to forbid, by 
notices posted upon the entrances to premises where there may be a pa- 
tient sick with Scarlatina,any person except the medical attendant and his 
advisors, from going to or leaving said premises without their permission, 
or carrying, or causing to be carried, any material whereby said disease 
may be conveyed, until after said disease has abated and the premises, 
dwelling and clothing have been rendered free from disease, by such 
disinfecting means as the Board may direct ; and if said Board shall be 
informed that the above, or any reasonable and sanitary measures 
which they have adopted and made public, is or has been violated, 
then [the] said Board may cause said offender against this act to be 
apprehended, and brought before an officer having jurisdiction ; and 
said offender shall, upon conviction, be liable to a fine in the sum of 
not less [than] five dollars ($5) nor more than twenty-five dollars ($25) 
for any violation under this act. Any member of any Board of Health 
who shall neglect his duties under the provisions of this act, shall be 
liable, upon conviction in a court having competent jurisdiction, to be 
fined in a sum not less than twenty-five dollars ($25) nor more than 
one hundred dollars ($100) for the first offense; and for conviction for 
violation of this act the second time, shall, in addition to the fines al- 
ready provided, become disqualified from holding the office of, or to 
which is attached the duties of, a member of a Board of Health. 
Sec. 3. All fines collected under this act shall be placed to the 
credit of the general fund of the city, village or town in w'hich the 
offense is committed. 
Chapter iox, “General Statutes, 1878.” Offences against the Public 
Health. 
Section i. Whoever knowingly sells any kind of diseased, cor- 
rupted or unwholesome provisions, whether for meat or drink, without 
making the same fully known to the buyer, or whoever having bought or 
come into the possession of any such diseased, corrupted or unwholesome 
provisions, shall offer or furnish the same or any part thereof as food 
or drink to any person or persons without first fully informing such 
person or persons to whom such provisions are offered, of the, true condi- 
tion of the same, shall be punished by imprisonment in the county jail 
not more than six months, or by fine not exceeding five hundred dollars 
($500), or by both, such fine and imprisonment in the discretion of the 
court. 
(As amended General Laws, 1879, Chapter 9.) 6 
Sec. 2. That whoever shall knowingly sell to any person or persons, 
or sell, deliver or bring to be manufactured to any cheese or butter 
manufactory in this State, any milk diluted with water, or in any way 
adulterated, or milk from which any cream has been taken, or milk 
commonly known as “skimmed milk,” or shall keep back any part of 
milk known as “strippings,” with intent to defraud, or shall knowingly 
sell milk, the product of a diseased animal or animals, or shall know- 
ingly use any poisonous or deleterious material in the manufacture of 
cheese or butter, shall, upon conviction thereof, be fined in any sum 
not less than twenty-five dollars, nor more than one hundred dollars, 
or imprisonment in the county jail not exceeding thirty days, or both, 
such fine and imprisonment, or liable in double the amount, of damages, 
to the person or persons, firm, association or corporation, upon whom 
such fraud shall be committed. 
(General Laws, 1871, Chapter 32, Section 1.) 
Sec. 3. Whoever fraudulently adulterates, for the purpose of sale, 
or knowingly sells or offers for sale any substance intended for food, or 
any wine, spirits, malt liquor, or other liquor intended for drinking, with 
any substance injurious to health, shall be punished by imprisonment in 
the county jail not more than one (1) year or by a fine not exceeding 
two hundred dollars ($200). 
(As amended General Laws, i88r, Chapter 19.) 
Sec 4. Whoever fraudulently adulterates, for the purpose of sale, 
any drug or medicine, or sells any drug or medicine knowing it to be 
adulterated, or offers the same for sale, shall be punished by imprison- 
ment in the county jail not more than one year, or by a fine not exceed- 
ing three hundred dollars; and such adulterated drugs and medicines 
shall be forfeited and destroyed by order of the court. 
(General Statutes, Chapter 101, Section 3.. 
Sec. 5. Whoever inoculates himself or or any other person, or suf- 
fers himself to be inoculated with the small-pox, within this State, with 
intent to cause the prevalence or spread of this infectious disease, shall 
be punished by imprisonment in the State prison not more than three 
years, nor less than one year. 
(General Statutes, Chapter ror, Section 4 ) 
Sec. 6. If any physician or other person, while in a state of intoxi- 
cation, prescribes any poison, drug or medicine to another person, he 
shall be punished by imprisonment in the county jail not more than 
one year, or by fine not exceeding five hundred dollars. 
(General Statutes, Chapter 101, Section 5 ) 
Sec. 7. Every apothecary, druggist or other peison who sells and 
delivers any arsenic, corrosive sublimate, prussic acid, or any other 
active poison, without having the word “poison,” and the true name 
thereof in English, written or printed upon a label attached to the vial, 
box or parcel containing the same, shall be punished by a fine not ex- 
ceeding one hundred dollars. 
(General Statutes, Chapter 101, Section 6.) 
Sec. 8. If any druggist or other person sells or gives away any 7 
arsenic, strychnine, corrosive sublimate, or prussic acid, not upon the 
written prescription of a physician,and fails to keep a record of the date of 
such sale or gift, the article, and amount thereof sold or given away, and 
the person to whom delivered, he shall be fined not exceeding fifty 
dollars for each neglect. 
(Laws, 1875, Chapter 91, Section 1.) 
Sec. 9. Whoever purchases any such poison and gives a false or 
fictitious name, shall be punished in the same manner by a fine not ex- 
ceeding fifty dollars. 
(Laws, 1875, Chapter 91, Section 2.) 
Sec. 10. Whoever wilfully or knowingly deposits or casts into the 
Mississippi river, or Lake Pepin, or any other lake, creek, or river in 
the State of Minnesota, or deposits upon the ice of either, the dead 
body of any horse, ox, or other animal, or the offal of any such ani- 
mal, shall be punished by imprisonment in the county jail not more 
than fifteen days, or by fine not exceeding twenty dollars, nor less than 
five dollars. 
(General Laws, 1866, Chapter 32, Section 1.) 
Sec. ii. That any person, being the owner of sheep, or having the 
same in charge, who shall import or drive into this State, or shall turn 
out or suffer to run at large upon any common, highway or uninclosed 
lands, or joining or against any inclosed lands occupied by any person 
for pasturing sheep, any sheep having any contagious disease, or who 
shall sell, let or dispose of such sheep, knowing the same to be diseased, 
without first apprising the purchaser thereof, or person taking them, of 
such disease, shall be deemed guilty of a misdemeanor, and shall be pun- 
ished by fine in a sum not less than fifty dollars, nor more than two 
hundred dollars, to be collected before any court having proper juris- 
diction in this State. One-half of the fine so collected shall be paid 
to the person making the complaint, and the other half to the county 
in which the complaint was made. 
(General Laws, 1866, Chapter 42, Section 1.) 
Sec. 12. Nothing in this act shall be so construed as to prevent the 
recovery of damages in civil actions against any person or persons who 
shall import or drive such diseased sheep into this State, or who shall 
sell or let such diseased sheep, or suffer the same to run at large. 
(General Laws, 1866, Chapter 42, Section 2.) 
Sec 13. Any person being the owner of any horse or other ani- 
mal, or having the same in his care or under his control having the 
disease known as the “glanders,” who shall knowingly permit such 
animal to run at large or be driven upon any of the highways of 
this State, or shall sell or in any manner dispose of the same to any 
other person; or any hotel keeper or keeper of any public barn who 
shall knowingly permit any horse or other animal having such disease 
to be stabled in such public barn, shall be guilty of a misdemeanor, and 
upon conviction before any justice of the Peace of any such offense 
shall be punished by a fine of not more than one hundred dollars ($100), 8 
or less than twenty-five dollars ($25), or be imprisoned in the county 
jail not more than ninety (90) days, or less than ten (10) days. 
(General Laws, 1868, Chapter 59, Section x, as amended by General 
Laws, 1879, Chapter 46.) 
Sec. 14. That it shall not be lawful for any one to bring into the 
State, or have in possession, any Texas, Cherokee, Indian, or any dis- 
eased cattle, except as hereinafter provided. 
(General Laws, 1869, Chapter 42, Section 1.) 
Sec. 15. This act shall not apply to any Texas, Cherokee or 
Indian cattle, or other diseased cattle, now on hand within this State; 
but persons having such shall be compelled to keep them within the 
bounds of their own premises, or separate from other cattle; and any 
damage that may accrue from allowing such cattle to run at large, and 
thereby spreading disease among other cattle, shall be recovered from 
the owner or owners thereof, who shall be liable to all the pains and 
penalties, as provided in section four of this act. 
(General Laws, 1869, Chapter 42, Section 2.) 
Sec. 16. Nothing contained in this act shall be so construed as to 
prevent the transportation of such cattle through this State on rail- 
roads; or to prohibit the driving through any portion of this State such 
Texas or southern cattle as have been wintered at least one winter 
north of the northern boundary of the State of Missouri. 
(General Laws, 1869, Chapter 42, Section 3.) 
Sec. 17. Any person who shall violate the provisions of this act 
shall, for every such violation, forfeit and pay into the school fund of 
the county where the offense is committed, a sum not exceeding one 
thousand dollars, or to be fined and imprisoned in the county jail, at the 
discretion of the court, though such time of imprisonment shall not ex- 
ceed six months; and such person or persons shall pay all damages- 
that may accrue to any person by reason of such violation of this act. 
(General Laws, 1869, Chapter 42, Section 4.) 
For duties of Town Supervisors as a Board of Health—see “General 
Statutes, 1878,” Chapter 10—Sections 55 to 64 both inclusive; also, to 
be found in “General Statutes” (1869), Chapter 10, Sections 51 to 60, 
both inclusive, and Chapter 60, General Laws, 1872. 
State of Minnesota—Attorney General’s Office, ( 
St. Paul, April 20, 1882. j 
Charles N. Hewitt, M. D., Secretary State Board of Health, 
Dear Sir :—Your favor has remained unanswered on account of the 
press of other matters pending at the time of its reception. I will an- 
swer your questions in the order of their asking: 
1st. Can School Boards exclude unvaccinated children from the 
public schools ? 
His Honor, Judge Lochren, in a recent case arising in Anoka county 
decided that tnev could not. This opinion I have no doubt is correct. 9 
The only provisions of the Statutes under which such power could be 
claimed is the third proviso to Section 32 of the Laws of Minnesota, 
relating to public schools. It provides, “that Boards of Trustees and 
Boards of Education may suspend or expel pupils for insubordination, 
immorality or infectious disease.” It seems to me clear that under 
neither of these heads could such exclusion be made. “Infectious dis- 
ease,” the only one at all applicable, clearly means a pupil having a 
disease that is infectious, or coming from a family, or perhaps a neigh- 
borhood where a disease of an infectious character is prevailing—the ob- 
ject and purpose being to prevent the spread of an existing sickness, 
liable to be communicated by such excluded pupil. The exclusion is 
made because the scholar himself is infected, or because persons with 
whom he comes in contact are infected with a contagious disease and 
not because he refuses to submit to what may be deemed necessary by 
the Board to protect him from liability to contract a given sickness. 
The right of the legislature itself to specifically enforce compulsory vac- 
cination, is, perhaps, open to question. But whether they have, or have 
not such authority, it is not necessary to decide now. But in the ab- 
sence of express and positive sanction there seems to me no room to 
doubt that no officer of the Government could, under any plea, insist 
upon a person submitting to this ordeal as a necessary prerequisite to 
the enjoyment of the privileges of our common schools. 
2d. Can Boards of Health order such exclusion ? 
I think not. They have no control over the admission or rejection 
of pupils in our public schools. The Board of Trustees or the Boards 
of Education have, under the law, the general charge of the interests 
of schools and school houses in their districts. To authorize an inter- 
ference with this power by any other person or body, such as the ex- 
clusion of pupils for any cause, the authority so to do must be clearly 
expressed. Inference or implication would not be a sufficient warrant 
for so doing. There is no exprtss grant of such right to Boards of 
Health, nor indeed any provision from which a legal inference or impli- 
cation therefor could be drawn or claimed. 
3d. Can School Boards exclude from school, children from families 
having infectious disease ? 
I think they can. What has already been said in answer to your 
first question sufficiently answers this in the affirmative. 
4th. Can we, as Boards of Health, order such exclusion ? 
I think not, for reasons given in answer to your second query. 
Boards of Health may have the power to order school closed where an 
infectious disease is prevailing in a community. Town Boards, under 
Section 62, page 175, General Statutes, ’78, may, where persons are, or 
lately have been infected with a contagious disease, dangerous to the 
public health, cause such person to be removed to a separate house, 
&c. The State or Town Boards might possibly make regulations rela- 
tive to persons staying in families where a contagious disease is prevail- 
ing; that would be obligatory on School Boards and Trustees; but they 
could not, in my opinion, order a given pupil to be excluded from the 10 
public school and have such order effectual without some action on the 
part of such Board or Trustees. 
5th. Does the power of the State Board of Health include such 
action ? 
It does not; and for the reasons already given. The Statute creating 
this Board provides that “they shall also have charge of all matters per- 
taining to quarantine and authority to enact and enforce such measures 
as may be necessary to the public health but save as prescribed in 
Chapter 11 of Laws of Extra Session of 1881, there are no means 
provided for the enforcement of such measures. The last named 
chapter only applies to Boards of Health and health officers, and does 
not include school officers. Respectfully Yours, 
WILLIAM J. HAHN, 
Attorney General. 
State of Minnesota—Attorney General’s Office. } 
St. Paul, May 26, 1882. f 
Dr. C. N. Hewitt, Secretary State Board of Health. 
Dear Sir:—Your favor received during my absence at court in 
Wabasha county. I will answer your questions in the order of their 
asking: 
1st. Do the provisions of sections 52 60 [old numbers,] both inclu- 
sive, chapter 10, General Statutes, 1878, or any of them apply to 
Boards of Health of incorporated villages or cities when not in conflict 
with the provisions of the charters of such villages or cities ? 
The sections referred to down to section 58, reler exclusively to 
towns. Section 58 is made applicable to cities as well towns; and I 
can see no reason why it should not be held to apply to all cities unless 
perhaps it should appear to be in conflict with their charters. 
2d. Are the provisions or any of them of chapter 8, General 
Laws, 1873, as amended by chapter 11, General Laws, Extra Session, 
1881, applicable to Boards of Health of incorporated villages or cities, 
whose acts of incorporation rest in the city council or other body, the 
power to appoint Boards of Health ? This with especial reference to 
section 3 of said act. 
It seems to me that section 3 of the act of 1873 must be held to be 
applicable to all Boards of Health, whether in incorporated cities or 
not. ”1 his is the important section ot the act. The otner sections, 
where in conflict with the charters of a city would not apply. 
3d. Whose duty is it to look after the offenses against public health 
defined in chapter 10r, General Statutes, 1878 ? 
It is the duty of every good citizen to see that the laws are faithfully 
executed, and especially laws affecting the public health. But more 
especially, as it seems to me, is it the duty of all health officers to see 
that all offenders against the provisions of chapter 101 are prosecuted. 
It is not specifically made the duty of these officers to look after these 
matters, but it is clearly in the line of their duties. 
Yours truly, W. J. HAHN, 
Attorney General.