McGilvra v. Seattle School Dist. No. 1

• Decision Date: 04 January 1921
• Docket Number: 16070.
• Citation: 113 Wash. 619,194 P. 817
• Court: Washington Supreme Court
• Parties: McGILVRA et al. v. SEATTLE SCHOOL DIST. NO. 1 et al.

194 P. 817

113 Wash. 619

McGILVRA et al. v. SEATTLE SCHOOL DIST. NO. 1 et al.

No. 16070.

Supreme Court of Washington

January 4, 1921

Department 1.

Appeal from Superior Court, King County; Calvin S. Hall, Judge.

Action by O. C. McGilvra and others against the Seattle School District No. 1 and others. Judgment for defendants, and plaintiffs appeals. Reversed and remanded, with directions.

Edward Judd, of Seattle, for appellants.

Henry W. Pennock, of Seattle, for respondents.

PARKER J.

The plaintiffs, McGilvra and others, residents and taxpayers of Seattle school district No. 1, of King county, suing for themselves and in behalf of all others similarly situated commenced this action in the superior court for that county seeking an injunction to restrain the school district and its officers from maintaining in one of its school buildings and expending funds of the school district for the maintenance therein of a so-called 'clinic,' which, as we proceed we think it will appear would be more properly designated as a 'hospital,' for the medical, surgical, and dental treatment of the physical ailments of pupils of the schools of the district, whose parents or guardians are financially unable to furnish such treatment. Trial in the superior court upon the merits resulted in findings and judgment denying the relief prayed for, from which the plaintiffs have appealed to this court.

The controlling facts of this case are all embodied in the findings of fact made by the trial court, the truth of the facts so appearing not being challenged in any respect. The findings read, in part, as follows:

'On the 1st day of April, 1914, the defendant Seattle school district No. 1 appointed Dr. Ira C. Brown, a practicing physician, as school district medical inspector. Prior to that date school medical inspection had been done by the health department of the city of Seattle. * * *

'The city at that time was maintaining a general clinic at the police station for the treatment of all classes of indigent persons and others brought in by the police. Dr Brown, upon investigating the clinic, found that certain school children were there brought into direct contact with prostitutes, criminals and other undesirable citizens. He called on several local physicians informing them of the injury being done these children at the city clinic whereupon a number of physicians specialists held a meeting at which it was suggested that a clinic for the treatment of school children, of parents unable to pay for regular professional services, be established in some building owned by the school district.

'A number of physicians and dentists then volunteered to furnish their services free to maintain such a clinic, and this number was thereafter increased to a staff of 26. * * *

'Immediately after the appointment of Dr. Brown as medical inspector, the school district fitted up certain rooms in an old building which had been formerly occupied by the administrative officers of the district, but which had been abandoned for new quarters in the Central Building several months prior to Dr. Brown's appointment. At first provision was made in this building only for inspection of children, but after the meeting of the physicians at which the school clinic was suggested, the school district made alterations in three vacant rooms in the half-story attic immediately above the quarters of the medical inspector, thereby making them suitable for examination of children and performing operations. At the same time there was partitioned off from the main waiting room on the first floor, a room where two dental chairs and equipment were installed.

'Dr. Brown started to work in the above quarters with six graduate nurses as deputies. The number of deputies was increased from year to year to meet the growing demands until the number so engaged is now 24. * * *

'The nurse deputies are assigned to various schools in the district and are required to examine each child at least once a year for the purpose of determining whether such child has any physical or mental defect interfering with his or her school work and to exclude from attendance all children suffering from contagious and infectious diseases. The several nurses are required to report promptly to the medical inspector, who in turn reports to the school board and board of public health. When children are found with physical defects which can be remedied, the parents of such children are notified of the conditions found by the nurses and are advised to consult the family physician in relation thereto. Upon the failure of the parents to take any steps to relieve the children, a nurse visits the home of each child to ascertain the reason why the parents have taken no action. If the nurse finds upon careful investigation that the parents are unable to pay the expense of treatment by a regular physician, such fact is reported in writing to the medical inspector, and at the same time a card is issued by the nurse to the parents offering the privileges of the school clinic where the child or children may be thoroughly examined and treated, if necessary, by the physician specialists above mentioned. * * * 'Parents able and willing to pay small sums are asked to contribute, such sums as they are able to contribute, to the maintenance fund used to defray the cost of materials and the services rendered by a nurse. Some parents pay more than the cost of rendering the service to their particular children. * * *

'When the clinic opened, and for some time thereafter the dental department was operated by volunteer dentists, but it was found impracticable to run this department without the services of paid dentists. In the first place a dentist was required for the Boys' Parental School, also for the Girls' Parental School, and this required more time than any volunteer dentist would give. In the second place, it was found that a thorough examination of teeth could not be made in the schools and that a dental equipment was required for the purpose. A graduate dentist was therefore appointed as deputy medical inspector and a second dentist was later added to the staff to examine the teeth of all school children sent to the clinic for that purpose and to treat the teeth of such children as had been given clinic cards. * * *

'Approximately one-half of the time of the two dentist deputy inspectors has been employed in the inspection of teeth, the remainder of the time of the dentists being employed in dental operations upon school children, a part of which time was spent in the Boys' Parental School and the Girls' Parental School. A nurse is assigned to the dental department who gives substantially all her time to the dentists inspecting and treating the children. The combined salaries of the two dentists and the dental nurse amount to $490 per month. For the last school year the surgical operations and medical treatment in the school clinic (aside from the dentistry department) was more than self-sustaining; including the dentistry department, there was a deficit of approximately $2,000, due entirely to the dental operations performed in the clinic. * * *

'The number of operations and treatments in the said school clinic for the years 1915 to 1919, inclusive, are as follows: * * * 1919, 9699. * * *

'The clinic has even since its establishment, performed dental and surgical operations and treated children during vacation months, as well as during regular school session. * * *

'The rules under which the said school clinic was generally operated from May 20,

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