The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-01
QUARANTINE AFFAIRS.

An Encouraging Decision for Shipowners-
Quarantine Charges for Towing vesseIs--
The Profits OF Fumigution.
The publicity which has already been given to the
management OF affairs at Quarantine has awakened
renewed interest among the mercantile community
OF this city and aroused determination to get rid
OF the annoyances, cxtortions and positive nlegali-
ties practsed under the name of preserving the
health OF the port and executing the laws OF the
State OF New York. Measures will be set on foot
this winter which IL is expected will result II not In
sweeping away the whole system OF quarantine as at
present conducted, at least IN securing some modin
cations Of Its intolerable inconvenience to the
mildest expression II is very properly commended
that as quarantine Is one OF the most important
features OF commerce. there Is no question Of the
right OF the general government TO take control OF
the matter.
In the year 1855 the Legislature of Louisiana
enacted law providing that the master and wardens
of the port OF New Orleans should be entitled to re-
ceiye In addition other fees the sum Of five dollars
whether called upon or not perform any service for
every vessel arriving in port The law which pre-.
wills here, giving the Health Oncer and his deputies
extra fee for every vessel boarded after sunset,
together with enormous perquisites besides for no
services rendered worthy OF consideration is exactly
similar in Its provisions with the exception of mas
ter and wardens occupying the place OF health
nelltn 0nlccr ana deputies. UHueT the aCt VI tIic
Louisiana Legislature five dollars was dema nded Of
the steamship Charles Morgan and payment refused
After litigation and an adverse decision In the
state court against the steamship the case came be-
Chief Justice Chase III the Supreme Court under
the caption OF 'the Southern Steamship Company or
New Orleans plaintiffs in error against the master
aud Wardens OF the port or New Orlean8,O ana
q decision given by the Chef Justice In favor
of the steamship with opinion that the act OF the
Legislature of Louisiana was repugnant to the con-
sttution; that the power to regulate commerce and
matters apperfaining thereto was given 10 Congress
III comprehensive terms, with the single exception
OF the power to lay duties on exports.
No act of Congress recognizes such laws as those
OF Louisiana and New York as proper and bene-
fetal regulations If the constitutionality OF the
chargen said the Chief Justice 'for the benefit Of
the master aud wardens can be maintained upon
the ground that it secures compensation for services
il Is dincuit 10 perceive upon what grounds the OH
| stitutOnaty OF any state law imposing taxes for
| the State government upon vessels iandmg IN ts
| ports can he questioned" He might have said ex-
| actly the same IN case where New YORK mer-
chant refused 10 pay fifteen dollars for the lum-
| cation Of vessel laden with sand, winch re-
| turned To New York after being partially
wrecked on 4 desert island The decision
OF the Chief Justice should encourage those cOwed
and victimized shipowners OF New YORK VINO nave
4 been compelled TO pay the exorbitant charges OF
quarantine, To claim restitution from the courts In
the spirit OF this decision all these charges for
cooperage, lighterage, fumigation, and q host OF
other imp0sitiOns, clearly Illegal where that
| much money charged above the regular rates Is
simply for the benefit of the quarantine officials and
| for services not performed.
4 SOME OF THE QUARANTINE CHARGES.
Here IL q list OF rates for towing vessels at and
under quarantine for the OF 1885, regulated
| by the Commissioners OF quarantine
For towing vessels from Lower Quarantine to New
kun