public building shall be responsible for any violation of the 15 June 1895. provisions of this section. neral convey 8. No undertaker, or other person or persons having charge Id. § 8. of the funeral or burial of the body of a person who has died Number of fu of any of the diseases mentioned in section four of this act, ances limited. shall in any case furnish or provide for such funeral more than the necessary number of conveyances for said adult relatives and pall-bearers, and all such conveyances which may have been used or occupied by any person or persons who have been residing in the same family or house, with the deceased, shall be fumigated and disinfected at such time and in such Vehicles to be manner as may be directed and required by the health authorities. disinfected. Id. § 9. Body to be hearse, etc. Who respon lation provision. ing, etc., to be Who respon 9. The body of a person who has died of any of the diseases mentioned in section four of this act, shall not be conveyed to or from any dwelling or other building or place, to any ceme- conveyed In tery or other point or place within or through any of said municipalities except in a hearse or other vehicle used for the purpose of conveying corpses only, or in such vehicle as shall be satisfactory to the health authorities and under such regulations as they may in any case adopt. The undertaker and the person or persons having charge of the funeral or trans-gible for vioportation of such body shall be responsible for any violation of this of the provisions of this section. 10. Upon the removal to hospital or other place, or upon Id. § 10. the discharge by recovery or death, of any person or persons Bedding, clothwho have suffered from any of the diseases mentioned in sec-disinfected or tion four of this act, the premises where the said disease destroyed. existed shall be fumigated and disinfected, and the bedding, clothing and other infected articles destroyed or disinfected, at such time and in such manner as may be authorized and required by the health authorities. The head of the family, or sible for viothe person or persons having charge of the premises shall be provision. responsible for any violation of the provisions of this section. 11. No child or other person belonging to or residing with the family of any person, or residing in the same house in Children residwhich any person may be located who is suffering from family not to cholera, small-pox (variola or varioloid), scarlet fever, typhus fever, yellow fever, relapsing fever, diphtheria, diphtheritic croup, membraneous croup or leprosy shall be permitted to attend any public, private, parochial, Sunday or other school in said municipalities, and all school principals, Sundayschool superintendents, or other persons in charge of such schools, are hereby required to exclude any and all such chil-Period of exdren and persons from said schools, such exclusion to continue for a period of thirty days following the discharge by recovery or death of the person last afflicted in said house or family, or his or her removal to hospital, and the thorough disinfection of the premises; and all such children or other persons as aforesaid before being permitted to attend or re lation of this Id. § 11. ing in infected attend schools. clusion. 18 June 1895. medical at tendant. turn to school, shall furnish to said principal or other person Certificate by in charge of said schools a certificate signed by the medical attendant of said children or persons, or by a physician to be designated by the health authorities of said municipalities, setting forth that the thirty days mentioned in this section have fully expired; Provided, however, That the health authorities may by rule or regulation provide that such certificates shall only be given by a person to be designated by said authorities, and in such case no other certificate shall be recognized. Proviso. Id. § 12. Principals of schools to ex 12. All principals or other persons in charge of schools as aforesaid are hereby required to refuse the admission of any child to the schools under their charge or supervision except upon a certificate signed by a physician, setting forth that tion certificate. such child has been successfully vaccinated, or that it has previously had small-pox.1 clude scholars unprovided with vaccina Id. § 13. Blanks to be furnished by health board. 13. The health authorities of said municipalities shall furnish to principals or other persons in charge of said schools, and to physicians, the necessary certificates or blanks for the uses and purposes as set forth and required in sections one, School register eleven and twelve of this act. The registry of said school names of chil- shall exhibit the names and residences of all children or persons admitted or rejected for reasons set forth in this act, and said registry shall be open at all times to the inspection of the health authorities. to exhibit dren admitted or rejected. Id. § 14. tles to furnish cases of conta Contents of report. 14. It shall be the duty of the health authorities in the sevHealth authori-eral municipalities as aforesaid to furnish daily, by mail or daily reports otherwise, to principals or other persons in charge of said to schools of schools, a printed or written bulletin containing the name, gious diseases. location and disease of all persons suffering from cholera, small-pox (variola or varioloid), scarlet fever, typhus fever, yellow fever, relapsing fever, diphtheria, diphtheritic croup, membraneous croup or leprosy, upon receipt by them of reports of such cases from physicians as required in section one of this act; Provided, That the health authorities of any municipality may, in lieu of the daily bulletin herein rcquired, provide that a notice shall be given to the school or schools attended by the children in whose home or residence any of the diseases mentioned in this section exist, and prescribe the form of said notice. Proviso. Id. § 15. 15. No person suffering from any of the diseases mentioned in section four of this act, nor any one who has charge of a person so suffering, shall enter any hired vehicle or other A school board may legally enforce such a rule. Duffield v. 8. D. of Williamsport, 162 Pa. 476: Field v. Robinson, 198 Id. 638. The legislature has undoubted authority to require vaccination as a condition precedent to admission to public schools. Nissley v. Hummelstown Borough, 18 Pa. C. C. R. 481: 5 Dist. R. 732. See also Sprague v. Baldwin, 18 Pa. C. C. R. 568. The act is constitutional. Beve ridge v. Winner, 31 Pitts. R. 40; Commonwealth v. Hanley, 15 Super. Ct. R. 271; Commonwealth v. Smith, 24 Pa. C. C. R. 129, 9 Dist. R. 625. By the Act of April 14, 1903, P. L. 172, it is made the duty of school directors or trustees of college buildings to put into operation a system of disinfection of buildings under their control, subject in cities to the approval of the local board of health. sons or attend enter public public conveyance, or permit any one in his or her charge, 18 June 1895. who is so suffering, to enter such vehicle, without previously Infected pernotifying the owner or driver thereof that he or the person in ants not to his charge is so suffering, and the owner or driver of such conveyances vehicle shall immediately provide for the disinfection of such ing owner or conveyance after it has, with the knowledge of such owner or driver, conveyed any such sufferer, under the direction of the Conveyance to health authorities. without notify driver. be disinfected. sons not pub 16. No person suffering from any of the diseases named in Id. § 16. section four of this act shall willfully expose himself or her- Infected perself in any street or public place, or public conveyance, nor licly to expose shall any person in charge of one so suffering thus expose the sufferer. themselves. Id. § 17. ding or cloth 17. No person shall, without previous disinfection, give, lend, sell, transmit or expose any bedding, clothing, rags or Infected bedother articles which have been exposed to infection; Pro-ing. vided, That such restriction shall not apply to the transmission of articles, with proper precautions, for the purpose of having the same disinfected. ses not to be 18. No person shall knowingly let any room, house or part 1d. § 18. of a house, in which there has been a person suffering from Infected premiany of the diseases mentioned in section four of this act, with- let without out having such room, house or part of a house, and all articles disinfection. therein liable to infection, previously disinfected to the satisfaction of the health authorities. The keeping of a hotel, Provision to boarding house or apartment house shall be deemed as letting and boarding a part of a house to any person who shall be admitted as a guest into such hotel, boarding house or apartment house. apply to hotels houses. Id. § 19. ties to adopt isolation of in fumigation, etc. 19. The health authorities of the several municipalities of this commonwealth shall, and they are hereby authorized and Health authori empowered, to establish rules and regulations regarding the regulations for isolation of persons who may be suffering from any of the fected persons, diseases mentioned in section four of this act, and for the destruction, disinfection and fumigation of bedding, clothing or other infected articles, and for the disinfection and fumigation of houses and premises, and for the carrying out of the provisions of this act, as they may in good faith declare the public safety and health demand, which rules and regulations they may from time to time alter or amend. 20. No justice of the peace or other officer, excepting elec- Id. § 20. tion officers, shall at the same time be a member of the board who not to be of health of such municipality, or hold any office or appoint health department under the same. members of ment. violation of 21. Any physician, undertaker, principal of a school, su- Id. § 21. perintendent of a Sunday-school, sexton, janitor, head of a Penalty for family, or any other person or persons named in this act, who provisions of shall fail, neglect or refuse to comply with, or who shall vio- act. late any of the provisions or requirements of this act, shall for, every such offense, upon conviction thereof before any mayor, viction. burgess, alderman, police magistrate or justice of the peace Summary con Appropriation of fines. 18 June 1895. of the municipality in which said offense was committed, be liable to a fine or penalty therefor of not less than five dollars nor more than one hundred dollars; which said fines or penalties shall be paid into the treasury of said municipality, and in default of payment thereof such person or persons so convicted shall undergo an imprisonment in the jail of the proper county for a period not exceeding sixty days; Provided, however, That all actions for the recovery of any fine or penalty for the violation of any of the provisions of this act shall be commenced within sixty days from the commission of the offense, and not afterwards.1 Limitation of actions. 1 The section amended by the addition of the proviso by the Act of April 22, 1903, P. L. 244. Other acts germane to the subject of the disposition of human bodies which may be cited are those of June 8, 1891, P. L. 212, with relation to the cremation of human bodies, and June 7, 1895, P. L. 167, creating a state board of undertak ers and providing for the registration and licensing of undertakers in cities of the first, second and third classes (amended by the Act of April 24, 1905, P. L. 299), for a construction of which statute sce Undertakers' Licenses, 17 Pa. C. C. R. 103; 4 Dist. R. 701, and Commonwealth v. Hanley, 15 Super. Ct. R. 271. Contracts. 1. Supplies to be furnished by contract to be let to lowest responsible bidder. Contingent fund for incidental expenses. 2. City officers not to be parties to contracts creating liability by city. Illegal contract to be void. 3. Eight hours to constitute day's labor on public works. 23 May 1889. Art. IV., § 6. furnished by 4. To whom act to apply. Aliens not to be employed on public work unless upon declaration of intention to become citizens. Existing contracts not to be affected. 5. Officers or agents violating or evading act to be removed. 6. Non-compliance with act by officers, agents, etc., to be misdemeanor. Penalty. 1. All stationery, paper and fuel used in the councils and P. L. 283. in other departments of the city government, and all work Supplies to be and materials required by the city shall be furnished, and the contract to be printing, advertising and all other kinds of work to be done for the city, except ordinary repairs of highways, sewers and other public improvements, shall be performed under contract, to be given to the lowest responsible bidder,1 under such responsible bidder. see As to construction of this language, Commonwealth v. Mitchell, 82 Pa. 343; Findley v. Pittsburgh, Id. 351; Addis v. Pittsburgh, 85 Id. 379; Douglas v. Commonwealth, 108 Id. 559; Philadelphia v. Pemberton, 208 Id. 214; Williamsport v. Hughes, 21 Super. Ct. R. 443. The intent is to secure to the city the benefit and advantage of fair and just competition between bidders, and at the same time prevent favoritism and fraud in every form, and to that end it is essential that there should be plans and specifications on which to bid, as otherwise there can be no competitive bidding. Mazet v. Pittsburgh, 137 Pa. 548. A provision in the specifications of a municipal contract for water works requiring the contractor to employ no one not a citizen of the United States, and to pay not less than one dollar and a half per day as wages, is inconsistent with the requirements of the above section. Frame v. Felix, 167 Pa. 47, and see New Castle v. Rearic, 18 Super. Ct. R. 350. Where the right is reserved to reject any or all bids, and all the bids are rejected, there can be no right on the part of a contractor, though claiming to be the lowest responsible bidder, to have the contract awarded to him, for no one is legally entitled to the contract until it is legally awarded to him. American Pavement Co. v. Wagner, 139 Pa. 623. See also Lamprecht v. Williamsport, 22 Pa. C. C. R. 603. The city is not required to award the contract to the lowest bidder who is able pecuniarily to carry out his contract, but it may also take into consideration the judgment and skill of the different bidders. Paving Co. v. Philadelphia, 164 Pa. 477. Erie v. Bier, 10 Super. Ct. R. 381. The municipal authorities, acting in their discretion and in good faith, may award the contract to a higher bidder, if considerations of superior skill, promptness or efficiency on the part of such bidder lead them so to do. Reuting v. Titusville, 175 Pa. 512. Comp. McDonough v. Washington Borough, 20 Pa. C. C. R. 345. Where an article needed by a municipality is made by one company only, and under the protection of letters-patent, it is not necessary to advertise for proposals. Silsby Mfg. Co. v. Allentown, 153 Pa. 319. Art. IV. dental ex regulations as shall be prescribed by ordinance, and all sales 28 May 1889. of personal property owned by the city shall be to the highest Contingent responsible bidder, under such regulations as shall be pre- fund for inciscribed by ordinance or resolution. Councils may by ordi- penses. nance provide a contingent fund for necessary repairs or incidental expenses, not otherwise provided for, which may be expended without advertising for bids.1 Id. § 13. not to be tracts creating city. 2. No member of councils, or other officer of such city, shall, either directly or indirectly, be a party to, or in any City officers manner interested in any contract or agreement with such parties to concity for any matter, cause or thing whatsoever by which any liability by liability or indebtedness is in any way or manner created against such city, and if any contract or agreement shall be legal contract made in violation of the foregoing provision, the same shall to be void. be null and void, and no action shall ever be maintained thereon against said city. em 26 July 1897. Eight hours to 3. On and after the passage of this act eight hours out of 1. P. L. 418. the twenty-four of each day shall make and constitute a legal day's work for mechanics, workmen and laborers in the ploy of the state, or any municipal corporation therein, otherwise engaged on public works. or constitute day's labor on public works. Id. § 2. to apply. on public work declaration of 4. This act shall apply to all mechanics, workingmen and laborers now or hereafter employed by the state, or any mu-To whom act nicipal corporation therein, through its agents or officers, or in the employ of persons contracting with the state or said corporation for the performance of public work, and in all such employment none but citizens of the United States, or Aliens not to aliens who shall have legally declared their intention to be- be employed come such, who have been residents of the state in which such unless upon work is to be done for the six months next preceding the date intention to beof such employment, shall be employed by the state or any municipal corporation therein, or by any person or persons contracting with the same; and every contract hereafter made for the performance of public work must comply with the re- Existing conquirements of this section; Provided, That nothing in this be affected. act shall affect contracts in existence at the time of the passage of this act. come citizens. tracts not to Id. § 3. agents violating 5. Any officer or officers or agents of the state, or of any municipal corporation therein, who shall wilfully violate or Officers or otherwise evade the provisions of this act, shall be deemed or evading act guilty of malfeasance in office, and upon conviction thereof may be removed by the governor or head of the department to which said officer is attached. to be removed. 6. Any person or persons contracting with the state or any Id. § 4. municipal corporation therein, and any officer or agent of the Non-compliance state or any municipal corporation therein who shall fail to officers, agents, comply with, or attempt to evade the provisions of this act etc., to be mis 1 The section amended as above by Act of May 16, 1901, § 4, P. L. 226. with act by demeanor. |