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179
We have alluded to the mode in which pressure is at present
exerted to secure vaccination; we must now direct attention to
the machinery by which the law is enforced.
It is for the local authorities to put the law in motion. In
England and Wales the guardians have been in the main an
elected body, necessarily reflecting the views of those by whose
votes they obtain their office. In some districts, guardians have
been elected from time to time, solely because they have pledged
themselves not to prosecute those who fail to have their children
vaccinated. The enactments under which the guardians are the
authority to enforce the vaccination laws contain no provision
dealing with the case in which they neglect or refuse to do so.
By a Statutory Order, made by the Local Government Board, the
duty of enforcing these laws has been cast upon the Guardians,
and in the case of the Guardians of the Keighley Union a
mandamus was issued by the Court of Queen's Bench commanding
them to perform this duty. In default of obedience, they were
committed to prison. After a short incarceration, they were let
out on bail. When subsequently brought before the Court to
answer for their contempt, they were released on entering into
their own recognizances to come up for judgment when called
upon. By the terms of the recognizance they were bound while
guardians to do nothing in disobedience to the Vaccination
Acts, or to cause their operation to be in any way disturbed.
The proceeding proved, however, quite ineffectual so far as
vaccination was concerned. The same course was pursued afterwards
as before. There is no process open for constraining
guardians to enforce the vaccination law except a mandamus
resulting in their committal to prison in case they refuse to obey
the command of the court. Experience has shown that when the
guardians represent a local community opposed to vaccination, this
method of putting pressure upon them is inoperative to promote it.
The necessity of proceeding to enforce a penalty, or at all
events repeated penalties, arises for the most part in cases where
the parent objects to have his child vaccinated, and not in cases