The New York herald., 1870-04-13

THE QUARANTINE COMMISSION.

Powers or the Observation-Disclosures
nnd Dismissal Of Employees by the Bonrd-
= Important Opinion.
The regular weekly meeting OF the Commissioners
of, ,ouanlpe was held yesterday afternoon, at No.
156Bl the president In the chair, and all the
member resent except DR.. Carnochan, Health
Onlcer Of the Port. After the transaction Of some
minor business the following opinion was submitted
by II. W. Johnson, counsel to the Commission, and.
being read, was placed on nle:-
the Of determining what employs Of the
them Their Office was created by the Quarantine act Of 1855
tain and tho
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legislation The second section Of the act deaues the
for
the The State for the h
: declared that The Health Queer shall have the general
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s M % 70 Dsro tho Sa auy M as f. The c
section, clothed with certain powers among which
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hospital and station ss may % found for
also and r. conanSstion with the 9u1rsSn.ne Gom,as
employs may Sc found necessary for The and
puriaention Of vessels merchandise BAGGAGE dnnnsge &C.
appOntmsn il certain eases q vested IN him BY .6s
o isGa S
a or Sy
% this sa.c shall order direct the master
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1s & h
comply with order or re:tion the said Health ocsr
may be 70 on. and enforce such order
Which might be ced eynce clear intention ON TIC part Of hs
Lsgsatafs he entire sanitary Of the
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lied oats sasdiyisoa section. &
srs q oaaranps III. intent no resp.s shenssd
sS & as os sf %s aa' .ssss The az.
that that siracare when ccmpIetea shonld become
ing relating the Il therefore, gen.
eah
ropaed when required to the care and reception OF YET
subject TO the same laws and that the
What the of the custody Of tho establishment
which vested In the From what has been
pro:ec.ion and preservation oi the property not 70 4.
jec . the provisions which was procured
ST that hs
necessary incident control clothed with power
g select a. pleasure ;ush employees
encc to IT, The Commissioners, therefore, have authority
to sanitary and do not aSy
delegation Of power them whatever any employees
nave an undouned gnt 70 seec. ana aPp9n such agents
and protect the property For examples When the hospital
ship or the steamboat s not required for actual quarantine
service would undoubtedly be the right duty of
to place suitable board Of them
take care OF and preserve them from injury
This Wow Of their powers strengthened by amend.
men OF the fortynrst section OF the act Of 1865, passed In
1861 giving them authority to make such rules and regua
ons they should deem necessary for the and rosc
ton OF each portion OF the quarantine establishment But
this authority expressly limited to such and regula
tions not inconsistent with the act which thereby
amended thus showing clearly that they to adopt any
such regulations a would interfere with the sanitary control
vested In the Health Oce The distinction above pointed
ont between the Of the commissioners and of the
Health Officer In reference to appointments is the only
which, In judgment, will practically harmonize with the
general purposes and objects Of the Quarantine act
New YoRE, April ii, 1870. HENRY W. JOHNSON.