Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-09-17

Opinion OF the Attorney General rs to the
frsidcnt's Rights.

Opinion OF the Attorney General ms to the
Presidents Rights.
Attorney General Miller has rendered an
opinion in response to an inquiry made hy
President Harrison on September 2. that TIE
President has Che ioSer to suspead i.amigra-
ton from infected ports.
The Attorney General SAYS; Every govern
ment lie under obligation 10 take all necessary
measures to preserye tie life and property Of
Its citizens, nc; only from forcign invasion.
but to adopt such sanitary measure a. are cal
culsted to pro:eo, the leoplo from these posti-
lences which have been found nearly il not
quite as destructive as var.
This Is bat another application q the maxim
that sclI-prcserva.ioE Is tho frst law OF
nature. and II NAV be added uf nations
The right of the state 20 enact sanitary meas-
urcs 80 protect its citizens j. couccdtd "a
RICH; Of the United States to do ;he same mus:
be admitted The maxim sslus ropui supruu.A
lex Il a. applicable TO the one goSeramrni a. to
the other.
The powers granted Congress in article l.
section 5. OF the Constitution. TO regulate
commerce with foreign nation, and among the
several states and with the Indian ;nbes, and
Ito make all laws which shall be necessary and
proper for carrying into execution the FORE
going powers and all other powers vested b.
this Constitution in the government 90 ;he
United states Or Gnv deI Rrtmcnt or u:.icer
thereof afford ample warrant for legislation
by Congress upon this subject
This subject L. hut one OF a large number re-
ating % aud affecting In different degrees the
subject of commerce. upon which the states in
the exercise OF the police power free % act
ana have acted from tie foundation o. the gov
eminent. Pilotage, Wharfage. quarantine and
inspection laws are perhaps the most common
examples OF this class ut legislation.
n ts,.s of
legislation not all re.ated to commerce.. the
opinion goes on to say. lie cites the regula-
ton of the liquor tra.fc and the state aud
federal laws with reference to counterfeit
money. The Attorney General quotes as fol-
lows from Cooleys Constitutional limitations
Congress has the power to 20 beyond the
general regulations which il j. accustomed q
establish and 10 descend 70 the mos, minute
directions. II it shall be deemed valuable: and
that TO whatever extent ground shall h. covered
by those directions. the exercise OF state power
l. excluded. Congress NAV establish police
regulations well ~ the states confirming their
Operation 20 The subjects over which 1t lie given
control by the Constitution"
Continuing. he saws: Quarantine laws are
authorized a. part ~ the powers derived
under the commerce clause of the Con-titution,
which L. held to consist in intercourse nni
traffic, and includes navigation. Transportation
and transit Of persons and property. as well as
The purchase, sale and exchange of commod-
tiles"
From an early period Congress has adopted
the state laws upon ;he sabject Of quarantine.
He quotes the entire act Of April -, 1875 u
Stats. so. and saws:
In my opinion there is nothing in ;he act Of
lf99 inconsistent with this act except that Diff
fcrent persons are charged with it, enforce
ment. and, therefore, both. with the modiiica-
ton noted, are in force. and constitute. with
such regulations are or NAV be prescribed
fhereuuuer he mai. al laVx hat Strl.-
ject.
The intent to aid in the enforcement of the
state laws upon the subject IL manifest or, in
the language % the act. there shall be no in
reference IN any manner with any quarantine
laws or regulations they now exist or NAV
hereafter be adopted under state laws" Both
shall work 20 the same end. the keeping away
from cur houses and people contagion and
pestlience, and. in the same spirit, the state
officers may become clothed with the national
power and authorized and empowered to act
as officers and agents of the national quaran-
tine svstem.n &c.
While this is true does il follow that nothing
can be done except what is authorized by the
state law? l think not The only limitation is
that the federal regulations must not interfere
with the state laws.
II conclusion the opinion saws:
'ln establishing the national quarantine sys-
tenn. as il is denominated in the act of 1878, and
comforting upon certain officers power 70 frame
all needful rules and regulations for that pur-
pose. which rules, whenapproved by you. have
all the force OF law, an intention Is shown TO
vest here wide discretion. The only limitation
is that such regulations shall not coaiiict with
or impair any sanitary quarantine regulations
of the state or municipal authorities.
I'm measuring the effect Of this limitation il
must not be forgotten that the state laws and
regulations are in the nature of restrictions and
not IN the nature OF grants of authority TO either
immigrants or transportation companies. The
authority OF immigrants to come, and of trans
portation companies TO bring such immigrants
Is not derived from the state statutes or regula-
tiors The state byits statutes and regulations,
in the exercise Of its police powers. simply pro-
vides that immi grants shall not come in except
after compliance with such laws and regula-
tlons The state does not provide, and has no
power TO provide, against federal laws and
regulations. that upon such Compliance such
ships and immigrants shall come in. Hence,
consistently with the state laws and regula-
tions. 1t is entirely competent for federal regu-
lations TO impose additional restrictions. and
hence also the imposition of an additional pc
riod of quarantine or the total exclusion Of all
vessels or vehicles coming from any foreign
port or country where any contagious disease
may exist or vessels OF vehicles conveying
any person or persons, merchandise or animals
affected with any infectious or contagious dis
ease from 'any port of the United States is
within the powers conferred upon the officers
named IN your inquiry acting with your APP
prevail"