The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-08-01
THE NEW ORLEANS DENoURAT THURSDAY, AUGUST I, 1878

learned article, from d lawyer Of this city, in
which the whole question Is presented, to-
gether with full array OF authorities. From
this article 1t will be seen that the action Of
Mobile is clearly illegal and repugnant to the
repeated decisions Of the Supreme Court-in
fact, that 1t is nothing else than O. wanton OUT
rage upon New Orleans and all Of her mate
rial interests, to say nothing OF Its inhumanity.
In this event there must be remedy for the
wrong and also means of enforcing the
remedy, and there was never better oppor-
tuDity than this for testing the limit to which
the police powers Of cities extend In matters
of quarantine. We therefore call upon the
Mobile road, which has suffered damages
more easily susceptible Of being estimated in
dollars and cents than any one else, to insti-
tute proceedings against the city Of Mobile
for losses incurred by this unlawful embargo.
Persons who have bought tickets to points
beyond Mobile, and have been debarred from
using them by this very extraordinary block
AIDE, which is called @ quarantine, have also
the same rights of suit, and 1t is to be hoped
that they will avail themselves Of them in
every instance.
The cases in 7 Howard, cited by our COR
res pendent, clearly lay down the principles
that apply in this instance. They declare:
l. That the transportation Of passengers is u
part of commerce. II. That the power to
regulate foreign and Interstate commerce is
vested exclusively In Congress- and that this
power is exclusive Of any interference by the
States. III. That In granting this power to
| Congress the States did not part with the
power to guard against the Introduction OF
anything that may corrupt the morals or en-
danger the health or lives OF their citizens
To what extent this reserved power Of the
State may be exercised without coming In
conflict with the powers Of Congress is the
question to be solved This question is an.
swered In the clear, lucid and unanimous de
cision oil the Supreme Court OF the United
STATES In the Missouri case, Otto, page 465
| cited by our correspondent.
| Applying the principles laid down In thai
decision, and almost the words of the court
to the embargo set up in this instance, unless
the action Of Mobile "can be justified as q
legitimate exercise OF the police power, 1t is q
usurpation Of the power vested exclusively in
Congress-" Even If on epidemic were raging
here with unwonted fury, the extreme meas
ures resorted to by Mobile could not have the
justification here spoken Of. Certainly, then
they cannot be necessary under the existing
circumstances. No competent physician car
be found who would contend that any such
stringent regulations are necessary for the
protection of Mobile. There is nevel
q summer that New Orleans, Mobile
and all other of the Gulf cities ere
not quarantined against tropical ports
but we have never heard that it was found
necessary to extend this quarantine to an Obj
solute prohibition, or any further than sys'
tenn of disinfection and o limited period Of de
tention beyond the limits Of the city. Suct
measures as these, such precautions as Gre
usually taken against infected ports, Mobile
may be justified In taking, even at this early
date; but it cannot, "under the cover Of ex
erting police powers" put an absolute proh
billion Oh commerce, cut New Orleans off from
communication with other portions Of thu
country, and infiict widespread and wantor
destruction upon her commercial and Other
interests. This Is no quarantine which Mobile
has set up, but an absolute embargo
for which there is no excuse whatever, ant
which no condition of affairs In this city car
possibly justify. That such q panic shoulC
exist in Mobile as to lead to such action as
this is incredible. It is much more reason
able hypothesis to attribute 1t to jealousy o
New Orleans and desire to affect her trade
disastrously. It Is, in short, an embargo Oh
commerce, and not q quarantine established
for sanitary reasons. It is clearly an inva
sion, under the cover Of police powers, Of {
domain which belongs exclusively to Con
gress, and any danger that may result from
this illegal and outrageous usurpation can b
recovered from the city at the suit Of th'
parties injured. But all of these points ar.
forcibly set forth in the article Of our cor
respondent, to which we refer all parties in
terested, trusting that some one OF them may
take the proper steps to enforce respect fol
their rights, in the maintenance of which thu
entire city is concerned. It is high time tina
the right of every little village along our lines
of communication with the interior to arbi
trarily and Theoretically seal up the avenues
of trade leading to and from this city, at theil
own sweet will, and whenever panic hap
pens to strike them, should be tested in tht
courts, and q better opportunity than thu
action of Mobile presents will never occur
again. Let the question be settled at once
and for all time.
| REARpErn