The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-20
The Quarantine Inyvs.


LAW DEPARTMENT, Sept. Is, 1850
70 IBE BoARp OF HyAlJn:--
have received the resolution Of The Board OF Health
eng the opinion of the Counsel to the Corporation
Us 10 h lea powers Of the Board of Health enact
the ordinance ri 10th September instant and have the
honor I" report
the port ~ Baltimore south of it, shall be sabec to
Quarantine eli thirty days. unless the certificate Of the
Health Officer be obtained showing that sickness is on
beard or has occurred thereon during the Passage or at
the port nf departure.
The Revised statutes specified the cases in which yes
sells arriving this port should be subject to quaran nc
ana among others included all those from any place in
he ordinary passage from which they south Of Cape
Ienlo,n arriving the 31st day Of Way aud the
letL day If October under which vessels fro the port
of baltimore south Of It were clearly embraced. If
ese sections of the Revised Statutes the law
such vessels would be subject to such quarantine and
other reg laons the Health Officer, with the approval
OF he Mayor and the Commissioners HEALTH should pre-
scrbe The power in such was contded TO those
oiicers and not to the Board of Health.
But these sections OF the Revised Statutes been
repealed by the law of the State passed Goth March, 1882
Which provides that they shall not apply to vessels and
persons engaged in the coasng trade be the port
ct New York and any of the of Virginia. but that
all such vessels and persons may at all times the
port OF New York without being subject to quarantine
CHE they did not pass to the south Of Cape
except IN there may be sickness on board
which they shall be subject to existing laws" The
port Il baltimore is clearly embraced within this statute
The right TO detain vessels at quarantine is vested
cusvey the State and the Board Of Health possesses
powers in regard to it, except such been Se
caly delegated to it by the laws o. the State The tegs
has defined the in which vessels shall be sab
ec quarantine and has not delegated the Board Of
Health the power of either circumscribng extending
them
am therefore, Of opinion
That the ordinance of the Board of Health is invalid
far it attempts to limit extend the in which
vessels shah be subject to quaranne-no such powers
having been delegated to them by the laws Of the State
2. That it is invalid, far 1T conf cts with the act
of Goth March, 1852 Tho ordinance subjects to quaran
tine all vessels from Baltimore south of it; whereas
the act declares that vessels persons from places
south Cape Henlopen shall be detained at quarantine
except there may be sickness on board"
8. That the act OF 1850 giving to the Board Of Health
power in their discretion to prohibit regulate inter-
nal intercourse by land water, relates only to inter
course with such places as the Mayor by his proclama
ton, shall have declared to be places where there shall
be to believe pestlenal infectious ieve.
tually exists"
That the act 1880, giving to the Mayor, Aldermen
and Commonay tull power and authority to make and
pass all such bylaws and ordinances they shall from
time to time deem necessary and proper for the preera
ton Of the public health does not give to the Common
Council the right to enact ordinances which shall be in
opposition to a law If the State.
3. Al the laws of quarantine, however, relate TO
sel from the Capes Of Virginia, in they shall have
''sickness board and it is the duty OF the pilot in
such anchor the vessel at the ground
for the examination Of the Health Officer. Respectfully
submitted. ROBERT J. DILLON.