The Doctors Declare War: Seattle's Health Board Orders the Schools Shut as Scarlet Fever Spreads
Backed by a city attorney's opinion, the board of health gives the school board an ultimatum — close the Rainier and South schools by nine o'clock Friday morning or the police will do it for them.
"The Rainier and South schools will close at 9 o'clock this morning, May 17, and I will call upon the chief of police to assist in enforcing the order," was what the board of health said to Health Officer Palmer yesterday afternoon. This important decision was based on the opinion of Corporation Counsel Scott that the board of health had the power to close the schools, provided the situation in relation to scarlet fever warranted the action. The board of health, being of the unanimous opinion that the situation was critical, lost no time in taking action. It further decided that in case the situation in the future warranted it, the remainder of the schools would be closed.
During the special meeting the board did not take official notice in any way of the meeting held by the board of education Wednesday afternoon, on the ground that it never received official notice of such a meeting, but proceeded on the assumption that the board of education had ignored the notice ordering the South and Rainier schools closed.
After the meeting was called to order Dr. Palmer read the following opinion from Corporation Counsel Scott:
"My attention was called to the opinion given to the board of education by its attorneys, Messrs. White & Mundar, relating to the power of the board of health to order certain of the public schools of this city closed on account of the prevalence of the contagious disease called scarlet fever. You request an opinion from this department as to whether your body possesses such power.
"Admitting it to be necessary that such schools should be closed in order to prevent the spread of the contagion and for the purpose of preserving the public health, all reasonable intents should be resolved in favor of the exercise of the power. It is conceded, and in fact it is expressly provided by the charter (sec. 18, article 10) that 'the board of health may proclaim such quarantines and establish and declare such quarantine districts and rules as may in their judgment be necessary for the preservation of the public health, and may appoint and remove at pleasure a quarantine officer.'
"The board is also authorized to declare any building unfit for habitation. It is made the duty of every physician in the city to report to the health officer every patient sick of such disease. The board is authorized to make such rules and regulations for the government of the quarantine or the health of the city as from time to time the public health may require.
"I am of the opinion, therefore, that the charter fully confers upon the board of health the power, either expressly or by necessary implication, to perform all acts necessary to preserve the public health. It may establish quarantine districts, it may declare a building unfit for habitation, it may investigate the sanitary condition of all public buildings, it may maintain a pest house, and it may make such rules and regulations for the government of quarantine or the health of the city as from time to time the public health may require. And it would seem that if in the judgment of the board the district from which the pupils come is infected, and in the judgment of the board the public health would be better preserved by the closing of schools in such district, it has the power to do directly what it must do otherwise indirectly. The board is vested by the charter with large powers, and is therefore authorized to make very stringent regulations to prevent the spread of contagious diseases."
The board further provided that the schools shall remain closed until the health officer sees fit to raise the quarantine. The health officer was instructed to notify the principals of the different schools not to allow pupils who are found playing with children that have been exposed to infection from scarlet fever to attend school.
A resolution was adopted requesting the parents and guardians of children to discourage the assembling, within the next six weeks, of children in public places, theaters, Sunday schools and churches. A request was made that the people of the city be careful to use every precaution possible to avoid carrying infection out of their houses.
Health Officer Palmer reported that there were forty cases of scarlet fever in the city under the notice of the department, an addition of three since the last meeting. Two of these cases are in the First ward, among infant children that have not yet been to school, and one from the Cascade school.
After the meeting was over Dr. S. J. Holmes, in a conversation with a reporter regarding the intentions of the board of health, said:
"It is our intention to do everything in our power to extend the fullest protection to the children of our city against the spread of that dread disease, scarlet fever. We have not acted with any undue haste in the matter, but upon the contrary with deliberation. As it was not considered advisable by our board to take the steps advocated at the meeting called for the purpose of canvassing the threatening situation — an opinion fully concurred in by Mr. MacDougall and Mr. King, members of the board of education, who were present at this meeting, and who faithfully promised to co-operate with us in carrying out any measures looking to the prevention of the spread of the disease — we feel most certainly warranted in proceeding upon lines set forth at this joint meeting."
Asked about the school board's counsel, Dr. Holmes added: "His opposition takes the form of wanton or missionary bulldozing, tricks practiced by him in matters concerning the board of health which are of old-time familiarity."
Dr. Russell, asked for his opinion of the action of the board of education, replied:
"I was considerably surprised at the action taken by the school board in regard to the order of the board of health to close the South and Rainier schools, and especially as two of the school directors were present at the meeting of the board of health and concurred in our action and expressed their opinions that they thought such action necessary, and one of them remarked that he had already taken his children out of school, as he did not propose to have them take any chances. This is not a question in which there is any debatable ground on which to stand.
"If the board of health has not the authority to take action in regard to the prevention of the spread of contagious and infectious diseases when they are prevalent, it is about time it was given such authority, and if the laws as at present constituted are not sufficient to enable the board to enforce any quarantine it may think proper, it is about time some action was taken to amend those laws. Why the order of the board of health to close the South and Rainier schools should be considered arbitrary I cannot understand."
Scarlet fever lingers for no one in the community, and it must be very refreshing for the board of education to know that it is the sole cause of a general dissemination of the disease.
“Scarlet fever lingers for no one in the community, and it must be very refreshing for the board of education to know that it is the sole cause of a general dissemination of the disease.”
A century and a quarter before Seattle's schools went dark in 2020, this page records the same fight in miniature: a health board asserting emergency power, a school board demanding legal authority, and parents caught in between. Then as now, the bitterest arguments were not about whether the disease was dangerous but about who got to decide — and how fast. Corporation Counsel Scott's sweeping reading of the charter is a reminder that public-health authority in this city has always been built out of precedent, opinion and nerve.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.