Savannah morning news. [volume] (Savannah) 1868-1887, 1883-01-05
A Blow at State Quarantine.

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Some time ago MOrgan's Louisiana and
Texas Railroad and Steamship Company
applied for an Injunction restraining the
Louisiana state Board of Health from col
Iecting charges imposed by the quaran-
tine laws upon vessels entering the port OF
New Orleans. and from OBTAINING their
vessels on account of the nOn-payment OF
these quarantine fees. The company
claimed that the laws under which the
fees are demanded are in conflict with the
Constitution Of the United States in their
several respects. In the Civil District
Court, on Tuesday, Judge Monroe dellN-
cred a long decision in the case. In con-
Guiding his opinion he said;
ssIt is remarkable, in view of the fact
that the convention which adopted the
Constitution of the United states distlhct-
" determined, after the most elaborate
and earnest discussion, that the states
should not be allowed without the consent
of Congress TO levy duties on tonnage for
any purpose whatever, that 1t should sui
be considered matter of discussion as 10
whether such duties may not be imposed
for the support Of a police or quarantine
regulation established by State for the
protection of the health of its citizens.
There is no reason for requiring that the
quarantine service should be supported
bv those who are under no legal obiiga-
tions so to do.
'sThe Injunction was made perpetual
restraining the Board of Health from the
collection of quarantine fees"
If the doctrine laid down by Judge
Monroe is correct. this decision is of vital
Importance to the Gulf and South ATTAIN
tic States, if not to the entire coast line.
The effect of it in Louisiana is to destroy
the usefulness of the State Board of
Health, since it is dependent upon the fees
thus declared illegal for the pay of its en-
ployes. The cost of inspection, fumlga-
ton and other sanitary regulations, under
the operation Of this decision, must be de-
frayed by the States or by the United
States. The Legislature of Louisiana has
made no provision for the contingency
thus created, and it therefore becomes the
more pressing.
The temper of the present Congress to-
ward the National Board of Health is
anything but favorable, and the prospect
of Federal aid for the maintenance of
proper sanitary regulations is not en-
couraging.
The question raised by Judge MOnroe's
decision should be promptly settled. The
issue is likely to arise in other States and
be decided likewise.
Either the States interested in the pre-
ventiOn of the importation of infection
from abroad must make provision for de-
fraVing the cost of the necessary meas
ures. or the duty of the Federal Govern
ment to bear all or a portion of the eX-
pense should be made so clear as
to necessitate its performance. There
is abundant time to have the
subject thoroughly agitated in Congress,
and its discussion would be far more
profitable to the country at large than
much of the debate that consumes the
time of that body and taxes the patience
of the public
1t may not be advisable to continue the
National Board of Health. The local
boards are abundantly able to
discharge all the duties required.
The question is as to who shall bear the
cost or the major part of the expense of
the needful sanitary control of commerce.
The money contributed by the United
States could be placed subject to the call
of the local boards, and proper VOuch-
ers could be furnished for its dis
posal. 1t is highly important that
the subject should be presented to Con-
gress and acted upon at the present ses-
sion. Ii Congress fails to respond, then
it will become the duty of the States to
test the accuracy Of Judge MOnrOe's de-
cision, and if he is sustained, to make the
needful provision themselves,