The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-09-02

ther measures, IL any, should be adopted
by the government TO prevent the intro
duotion of cholera in this country. A con.
ference was held st the White House
at IL O'Clock. 1t was attended by
Secretary Charles Foster. Attorney general
Miller. Assistants Secretary of the Treasury
Spaulding and Dr. Wymsn, Surgeon-gen-
eral of the Marine Hospital service. Mr..
Wanamaker came in late and took part in
the proceedings. The whole situation was
very thoroughly discussed. The Treasury
officials explained the situation to the
President. and DR.. Wyman indicated what
had been done by his bureau toward
strengthening and rendering effective the
quarantine survey. 1t was decided not TO
issue q proclamation at this time. but to
issue q special circular instead. This was
immediately done by direction Of the Pres
idsnt. The circular is headed Quarantine
restrictions upon immigration to aid in the
prevention OF the introduction of cholera
into the United States" and was issued
from the office of the supervising Surgeon
general of the United States Marine Hos
pItal service. 1t is - follows
To collectors Of Customs. Medical Ulcers Of the
panies State and Local Boards of Health:
1t having been officially declared that cholera
is prevailing In various portions OF Russia, Ger
many and France and at certain ports in Great
Britain, as well as in Asia; and it having been
made 10 appear that immigrants In large num-
bers are coming into the United States from the
their personal effects are liable to Introduce
cholera into the United States, and that vessels
conveying them are thereby direct menace tn
the public health; and IL having been further
shown that under the laws of the
several states qnarantine detentions may
Se posed ssin m pon "a rnese ns esseis the ,n
PRODUCTION Of contagious diseases, IL Is hereby
ordered that no vessel from any foreign port
carrying emigrants shall be admitted to enter at
any port of the United States until said vessel
shall have undergone quarantine detention OF
twenty days unless such detention is forbidden
thereunder), and of such greater number of days
as may be hxed In each special case by the
State authorities.
cept in cases of vessels aoat at this date. which
will be made the subject of special considera-
tion upon due application to the department..
The circular is signed by Walter Wyman,
Marine Hospital service; Charles Foster,
Secretary of the Treasury. and is marked.
Approved, Benjamin Harrison"
POWERS OF THE EXECUTIVE.
The following opinion as to the authority
of tho executive in matters of quarantine
regulations was sent to the President by
Attorney general Miller this afternoon:
slr-Answering your inquiry as the extent OF
the powers OF the executive In the matter of
quarantine regulations I beg to say: On the
approved GO s., p. 81 giving to the executive
certain powers upon this subject. On the I'd
Of June. 1879. another act ofCongress was ap-
many of the most Important provisions of the
act OF 1875 but the later act was limited
1879, expired by limitation on the I'd of June.
1888. 1t is a well-settled principle OF the COM
the sp
of an act changing the common law restores the
rule OF the common law prevailing before such
act this rae has been by secton q
the Revised Statutes of the United States, which
runs as follows: Whenever an act is repealed.
shall not thereby be revived unless 1t shall be
expressly so provided"
The act Of 1879, however. was rot repealed.
but expired by limitation, and Section IL Of the
Revised Statutes. therefore. has no application
to this case. In Collins vs.. Smith e Wharton. p
ering the opinion, that wher0A repeating act ex-
pires by its own limitation the act repealed re-
vived. Accordingly it was held by the late Sec
ular act OF is7s was revived on june 2. 1883.
The same view was taken by my immediate pre-
decessor, Attorney-general Garland. and was
acted upon, no doubt, under his advice by Prosi-
dent Cleveland and Secretary Manning in quar-
antining AGAINST smallpox In Canada In 1883.
pro1isea s among SS1S1 other things: M s law
"First-Th8t no vessel coming from any for
eign port or country, where any contagious or
son or persons, merchandise or animals affected
with any contagious disease, shall come into the
United states except in the manner and subject
to the resolutions In that act authorized.
''Second-The Surgeon general of the Marine
Hospital service shall, under the direction of the
Secretary Of the Treasury, be charged with the
execution OF the provisions OF this act. and shall
frame all needful rules and regulations for that
purpose. These rules and regulations shall be
to tSs o e 6qs
or impair any sanitary or quaratine laws or reg
ulatons Of any state or municipal authorities
now existing, or which may hereafter be en-.
acted"
The policy OF Congress apparently has been
mainly to leave this branch OF the public service
with the States, and most OF the sea-board States
have statutes moro or less elaborate on the sub
ject. The State statutes and regulations, how
ever, may be supplemented by the national ex-
ecutlve. My conclusion. therefore, IL that the
5urgeon-eeneral Of the Marine Hospital service
and the Secretary of the Treasury, with your ap-
proval, have authority to make different rules
and regulations for the quarantining of ships
coming into our barbors, with q view to the pro-
lection of the health and lives of Our people
W. II. II. MILLER, Attorney general
MAILS 70 BE FuMIGATED.
The Postmaster-general has issued the
following order:
The superintendent of foreign mails ia hereby
instructed to Immediately take such steps as
may be necessary and practicable to thoroughly
disinfect the mails reaching the United States
from foreign. ports at which contagious diseases
are said TO be prevailing. and to facilitate safe
mail communication between vessels undergo
ing quarantine and the nearest United States
pOstOf.ice.
Measures have accordingly been taken to
procure the thorough disinfection of in
coming mails from infected ports. Tele-
grams have also been sent. By direction of
Postma ter general Wanamaker. to the
postmasters at Detroit, Buffalo, Cleveland
Port Huron. Suspension Bridge, burlington,
VT, and all other lm portant points on the
Canadian frontier, directing them to con-
suit with the local health officers and as
certain whether there is any necessity ex-
listing at present for fumigstion of Cana
dian mails crossing the border into the
United States. An order has been Issued
by the Postmaster- general extending mail
facilities to ships at quarantine. and lin
tied number of collections and deliveries
will accordingly be made each day.
1t is said that no mails from
any of tho infected ports reach
Boston, Baltimore, Philadelphia or. In fact,
any other American port direct except
New York. where the utmost vigilance is
being exercised. A telegram received to-
day from Postmaster Vancott at New
York states that all mails coming from any
port there contagion is suspected are now
being thoroughly fumigated at quarantine.
Postmaster-generai Wanamaker, who re-
turned to-day from his summer vacation,