The times. [volume] (Richmond, Va.) 1890-1903, 1892-09-06
DIR. JENKINS AND THE PRESIDENT
IN RE CHOLERA.

DIR. JENKINS AND THE PRESIDENT,
IN RE CHOLERA.
Although the stir which DR.. jenkins. the
health officer of New York city. made over
the Presidents quarantine proclamation
seems to be practically ended, the incident
should receive full and complete treatment,
because in matters of this sort 1t is all-im-
portant that the people should have just
ideas of both the limitations and powers of
their Government.
DR.. jenkins excitement was wholly I'M
necessary. The Presidents proclamation
interfered with him in no manner whatever
1t expressly provided that the twenty days
quarantine which foreign vessels were to
undergo was to be omitted wherever the
laws of any State forbade such detention.
If therefore. the laws of New York pro-
vded that vessels should be allowed to land
as soon as DR.. jenkins was of opinion that
they might land, the proclamation by its
own terms was to have no effect in New
York harbor 1t was to operate only where
no State laws conficted with its provisions.
DR.. Jenkins stir could therefore have no
practical effect so far as New York was con-
cerned if her laws allow vessels TO land upon
his approval. 1t might, however, have set
bad example and have encouraged health
officers at other ports where there are no
State laws to disregard1the proclamation,
and it might therefore have had. IN this
way. q most dangerous effect. Virginias
statutes provide for very complete quar-
antine system. We do not need the Presi-
dents proclamation for our protection,
though our health officers will no doubt
gratefully acknowledge the efficient aid
they may receive from 1t.
We have refrained heretofore from CON-
menting upon this case because we sincere
w hoped the proclamation would be en-
forced and obeyed. whilst we were con-
scious nevertheless that the President
was standing on the narrowest of ground,
not. however, for the reason advanced by
DR.. jenkins and maintained by the New
York Herald i'll an elaborate editorial that
the matter was one over which the State of
New York had control to the exclusion Of
all interference by the general Government
Upon that ground the President is as strong
as the Constitution and Government them
selves The weak point in his case lies in
the question whether Congress has under
taken to confer any authority upon him in
the premises at all.
In 1878 Congress passed an ect which gave
him full authority to do all that he has
undertaken to do, but that act has since
been repealed, and this repeating act has
since expired by limitation. Now it is we'll
settled principle ofthe common Law that the
repeal of repeating statute brings again
into force and effect the statute repealed,
but general act of Congress provides that
this common law principle shall have no
place in the Legislation of the United States.
It provides that the repeal of a repeating
act shall not have the effect of revising the
act repealed unless express provision is
made for its coming again into life. But.
says the Attorney General. the repeating
act in this case was not itself repealed. 1t
expired by limitation. which made it ope-
rate as suspension only of the former act,
and thus he says, makes q case not included
in the general act of Congress forbldding
the repealed act to be held to be revived by
repeal OF the repeating act. and he has
very fair chow of argument as we'll as some
authority in support of his position The
Presidents authority to issue his proclams-
ton depends then upon the question
whether the Attorney General is right or
wrong upon this very nice question of con-
strustion. and II 10 obvious, therefore.