Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-02
THE LAW In THE CASE
Laid Down by the Attorney General for the
Presidents Benefi:-State Laws Must BE
Considered in Cases of Even This Kind
Statutes as They Are.

Laid Down by the Attorney General for the
Presidents Benefi.-state Laws Must BE
Considered In Cases of Even This Kind
Statutes as They Are.
WASHINGTON, Sept 1.-The following
opinion as to the authority of the Executive
in matters of quarantine regulations was
sent to tine President by Attorney General
Miller this Afternoon:
SIR-Answering your inquiry as to the ex-
tent of the powers of the Executive in the
matter of quarantine regulations, 1 beg to
sav:
On the och of April, 1875 an act of Congress
was approved go Stats, p. 81. giving to the
Executive certain powers upon this subj ect.
On the I'd of June. 1879, another act of Con-
gress was approved (2l Stats, p. 81, provid-
ing for the repeal of many of the most in;-
portant provisions of the act of 1878; but the
later act was limited in its duration to the
period of four years; that is the act OF June
2, 1879, expired by limitation on the I'd of
June, 1888.
1t is a well-settled principle of the COM
mon law that the repeal of repeating act
operates to revive the act repealed, just as
the repeal OF an act changing the common
law restores the rule of the common Ia w
prevailing before such act was passed. As
to the repeal of n repeating act, this rule
has been changed by section IL OF the Re-
vised Statutes OF the United States, which
reads as follows: "Whenever an act is re-
pealed which repealed a former act, such
former act shall not thereby be revived
unless it shall be expressly so provided"
The Law Under Which to Act.
The act of 1s79 however, was not repealed,
but expired by limitation. and Section u of
the Revised Statutes therefore, has no ap-
plicatlon to this case. In Collins versus
Smith [6 Wharton, p. 294), it was decided,
Chief Justice Gibson delivering the opinion,
tina: where repeating act expires by its
81 ,1,1 L.,
Accordingly, it was held by the late Mr..
Secretary Folger. an eminent jurist, that
this particular act of 1873 was revived on
June 2, 1888. The same view was taken by
my immediate predecessor, Attorney Gen
eral Garland, and was acted upon, no doubt,
under his advice, by President Cleveland
and Secretary Manning in quaran timing
against smallpox in Canada in 1885. In this
view, concur.
By the law of 1878 it is provided, among
other things:
First-That no vessel coming from any for
e1gn port or country where any contagious
or infectious disease exists, or conveying
any person or persons, merchandise or
animals, affected by any contagious disease,
shall come into the United States, except in
the manner and subject TO the regulations
in that act authorized.
Duties of the Surgeon General
Second-The Surgeon General of the Mar
inc Hospital shall, under the direction of
the Secretary of the Treasury, be charged
with the execution of the provisions of this
actand shall frame all needful rules and reg
ulatfons for that purpose. These rules and
regulations shall be subject to the approval
OF the President but such rules and regua-
tions snail not conflict with or impair any
sanitary or quarantine laws Or regulations
of any state or municipal authorities now
existing, or which may hereafter be en-
acted.
The policy of Congress has apparently
been to mainly leave this branch of the
public service with the States, and most of
the seaboard States have statutes more or
less elaborate on the subject The State
statutes and regulations. however, may be
supplemented by the National executive.
My conclusion, therefore, is that the Sur
geon General, OF the Marine Hospital
Service, and the Secretary of the Treasury,
with your approval, have authority to make
needtul rules and regulations not inconsist.
ent with the State laws and regulations for
the quarantining of ships coming into our
harbors with n view to tine protection of the
health and lives of our people.
Very respectfully,
W. H. II. MILLER, Attorney General.