The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-12
The National Government and the PUB
lie Health.

The most obvious agency for accomplish
ing desirable purpose is not always the
best The anxiety and sympathy occasioned
by the recent epidemic OF yellow fever in the
South are said to have awakened what Mr..
HAYES calls In his message "a very general
public sentiment in favor Of national
sanitary administration II Is proposed
that this shall deal not only with commerce,
foreign and internal. which Congress has
the power under the Constitution TO rogu-
late but that II shall hold nm advisory re-
lation to the state and municipal health
authorities, with power TO deal with what
ever endangers the public health and which
the municipal and State authorities are UNI
able TO regulate" The idea that the gem
,ral Government ought to exercise such
powers Is probably due to the notion that
Il could exercise them most effectively; but
the proposition wholly ignores the impor-
tant fact that the care OF the public health
Is not committed to Congress by the Con-
stitutlon Of the Unte,l States.
Federal quarantine laws have bcen en-
acted under the constitutional provision
which authorizes Congress to regulate COM
merce with foreign nations and among the
several States; but we believe 1t has never
been seriously assorted or minated until
now that Congress is empowered 20 assume
the sanitary supervision OF the country by
enacting national health laws. The project
TO extend the sphere Of the Federal Govern
ment in this manner must be rejected as
without warrant In the Constitution. What
ever Is needful In the way OF uniform sani-
tary regulations throughout the land must
be secured by the enactment OF like statutes
in the different States. Such legislation will
naturally be prompted by seli-interest, and
that may safely be relied upon
Indeed. II n proposition TO amend the Con-
stitution was before the country. which
would vest the Federal Government with
this very power over the public health which
Is now enormously contended for, we should
oppose lts adoption. The cares OF the ma
tional Administration are already too great.
The addition OF this burden would probably
give US only useless and ridiculous argan-
zation OF ofliceholders, like the existing
Department OF Agriculture; but even II IT
might result In something much better, we
believe the same ends could be most advan-
ageously attained by the uniform legisla-
ton we have mentioned, in the several States
by friendly cooperation between their re-
spective State Governments.
The idea that any attempt on the part Of
the national Government to exercise Il gem
eral supervision Of the public health would
be unconstitutional, has led thoughtful per-
sons TO ask what authority exists for the
large gift OF military stores which the War
Department made 10 the yellow fever suf-
ferers No one questions the motive Of the
act. but was II lawful Has Congress any
constitutional power 10 sanction the use Of
this property for purposes to which it could
not legally have been appropriated in the
hrst instance? Such doubts MS these arise,
not from want Of sympathy with the stricken
South, but from a sense of danger which
must always be felt when the Executive,
from whatever motive, maniests Il disrc-
gard for the fundamental law. The thirty
forty, or fifty thousand dollars which the
tents, and medicines, and rations cost the
people OF this country can freely AFFORD u
give; but they cannot afford TO give one
penny Of it in such n way as to violate the
Constitution Of the United States.