The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-08-01
cefved by the Baton Rouge convention. This
assembled In this parish since the ante bellt11s
MOBILE QUARANTINE REGULATIONS.
Can They Stand the TEST of Law?

by Mobile county all through trains, freight
and passenger, are discontinued until further
notice, The coast train will run as usual.
Train leaving New Orleans OF 80 O.. m. will
run as far as Biloxi, returning to New Orleans
at 9 AS p. N. This train will take freight for
points between New Orleans and Biloxi.
ID. 3. ROBINSON, Superintendent
NO critically accurate comment can be
made upon the action of Mobile in this mat
ter until We see the text OF her regulation.
Enough, however, appears from the above
dispatch Of Superintendent Robinson to
show that the authorities have undertakena
wholesale stoppage OF passengers and freights. &
In SO DONG has she not exceeded her police
powers, ana trespassed upon d subject which
rests exclusively with Congress- to wit: The
regulation OF commerce between the States.
This subject is neither new nor free from
difficulties. From an early period In the his
tory OF our Jurisprudence it has puzzled the
ablest judges to fix the exact line where the
police power stopped and the regulating
power began.
The whole subject was most eaborately
argued ald passed upon by the Supreme
Court of the United States in the well known
Passenger Cases reported in Howard, ..
283 to 573, covering $50 pages.
Among the attorneys who figured in these
cases were yer WI Mefsrs Webster Choate, Davis
was then composed in part OF fancy, Mclean.
Wayne, Catron, Nelson and Grier.
fancy dissented from the majority Of the
court.
1t was held, p. 40t, shat the transportation
now an open question: 'The power to regu-
late commerce with foreign nations and
among the several States by the constitution
is exclusively vested in Congress-, pp. 395, 400.
That the power. Of Congress, to regulate
elusive OF any interference by the States has
been," says Mr.. Justice Baldwin. Gin nv
opinion conclusively, settled by the solemn
opinion Of this court in two cases: Brown VS..
bons VS.. Ogden, 8 Wheat, 1876.
The court says: "In giving the commercial
power to Congress the States did not part
with that power Of self-preservation which
must be ypI inherent in every organized commu-
ton Of anything which may corrupt the NOR
ais or endaHger the health or lives OF their
citizens. Quarantine or health
laws have been passed by the States and reg
ulations. OF police for their protection and
welfare
How far can these regulations go without
vading the right Of Congress to regulate
commerce between the States, is the exact
practical question to be met now and in all
similar cases.
The last utteranee Of the Supreme Court of
the United States on this subject is to be
found in the case of Railroad Company VS..
Husen, $ Otto, p. 465, decided in October, 1877.
The State Of Missouri had passed law
prohibiting the driving OF conveying Of any
Texas. Mexican or Indian cattle into the
State between March 1 and November /, In
each year-the object Of which was alleged
to be to prevent animals having contagious
or infectious diseases from entering the State,
SO apprehensive were the trainers of this law
that it was unconstitutional, that in order to
remove some Of its sting, they added: "Pro-
vided further, That when such cattle shall
come across the line of this State, loaded upon
@ railroad car or steamboat, and shall pass
through this State without being unloaded
such shall not be construed as prohibited by
this act.'
To this clause, with view to get the benefit
of q law in which they could not include q
prohibition to pass through the State, they
add another clause making the companies lia-
Die for any damages that might arise rom
the introduction of contagious and Infectious
diseases, and adding certain rules OF evidence
against said company. ~
The Supreme Court, speaking through JUS
tice Strong, unanimously declared even this
ingeniOusly framed law unconstitutional, as
signing among other reasons the following:
st seems hardly necessary to argue at
length that unless the statute can be justified
as q legitimate exercise OF the police power OF
the, State, it is ,usqrpation Of the power
vested exclusively in Congress. It Is plain
regulation OF Interstate commerce, O regula-
tion extending to prohibition. Whatever may
be the power OF State over commerce that is
completely internal, it can no more prohlblt
can that which is with foreign nations '-p.
ALL.
"This court has heretofore said that inter
State transportation Of passengers is beyond
the reach OF q State Legislature
'Whenever the statute of State invades
the domain OF legislation which belongs exe
clusively to the Congress OF the United States
it is yoid, no matter under aOhat class Of powers
it may fall or how closely allied it may be to
powers conceded to belong to the States.
while for the purpose OF selt-protectlon 1t
may establish quarantine and reasonable in
spection laws, it may not Interfere with transss
portation into Or through the State, beyond
what is absolutely necessary for its self-pro-
lection. It may not, under the cover OF e1-
erting its police powers, substantially pro
hibit or burden either foreign Or Interstate
commerce.
'sAll the cases deny validity to any State
legislation protesting to be an exercise of
police power for protection against evils from
abroad, which is beyond the necessity for its
exercise, whenever it interferes with the
rights and powers Of the Federal govern
ment.'
Tried by this rule, the statute of Missouri
Is plain intrusion upon the exclusive domain
Of Congress is not quarantine law"
It was contended in argument that the
question whether the law went beyond the
necessities of the case was a legislative one.
and th& courts should not interfere In reply
to this the Supreme Court says: "That fn-
quiry, they have said, was for the leg1sla-
lure anu uOG LOI Inc courts. WIN tflS We
c4nnot concur. The police power of a State
cannot obstruct foreign commerce OF inter-
State commerce beyond the necessity for it's
exercise, and under color Of it objects not
within its scope cannot be secured at the ex-
pense of the protection afforded by the Fede-.
raj constitution. And as its range sometimes
comes very near to the field committed by
the constitution to Congress, it is the duty Of
the courts to guard yigilantly against any In
trusiOn."
Read by the light of this very late and able
decision and the we'll settled Jurisprudence OF
the United States for fifty years, am con-
WINGED that no such wholesale restriction as as
we are informed has been imposed by Mobilet
can stand the test of judicial scrutiny The,
great practical importance Of correct m an
powers is painfully illustrated by the as
sumption of most .despotlc powers by almost
every village in this and adjoining States. A.
desire to have the matter discussed and un-z
derstood is my excuse for taxing your col
umns at such length. j. I'll. K.
At Venice, when stranger dies at hotel,
the numbers Of the rooms he occupied are
TO r,lo in,