The times. [volume] (Richmond, Va.) 1890-1903, 1892-09-06

country are on his side :,
DIR. Jenkins takes up the radical
erourd that the matter is one exciu-
sively under tho control OF the state OF
New York. and the New York Herald
in an elaborate leader. maintains the
nroposition that Congress may supplement-
and aid such measures as the State OF New
York may provide. but that it is beyond the
power of Congress to Gust New YORK Id Ine
PREMISES and take entire and exclusive
charge of the subject matter. In TINS tne
Herald is Just as far wrong as the New lotk
dailies usually get when they undertake 10
treat constitutional questions
The Constitution of the United states
yeats Congress with power ITO regulate
commerce With foreign nations ana among
the several States and with the Indian
tribes"
The settled doctrine of the supreme
Court is chat in some matters pertaining to
commerce. domestic or foreign, the otates
may enact legislation to operate until Con
acts upon that subject. but. beginning Win
the great case of gibbons Us. ogden, " neat
l. it has held in an unbroken line OF decIs-
ions that this power granted to Congress IS
absolutely exclusive in most cases ana IN
all TO this extent. at least, that wnere Ooh-
eress expresses its will upon any matter
pertaining 10 commerce. that will over-rides
and obliterates all State legislation W nat
ever affecting the subject inconsistent Win
oftbnrfoh TINT laQl6la-
ton may have been allowed TO have ehect
until Congress acted The pole star OF the
court in all controversies arising out OF THIS
proyison of the Constitution has always
been found in Chief Justice Marshalls dc
tum in St,uqess Us. Cro'0ninsh'e9d. 4
Wheaton. 1872:
whenever the terms in which n power
is granted 10 Congress, or the nature Vi .hs
power, require that It should be exercised
exclusively by Congress. the subject 10 as
completely taken from the state Le@iNa-
lures AS if they had been expressly FORBID
den to act upon It,
If then the case to be considered Is one IN
which the power granted 10 Congress can
be exercised adequately only by reason OF
its being exclusive, a State law affecting the
subject is simply void, and the congress
sional will,when.sxpressed wipes away every
vestge of State action just as though such
had never existed, even where the case Is
ono of those which the States may provide
rules until Congress acts. Therefore II Con-
gress should provide that no foreign vessel
should land at New York until it had passed
through regulations prescribed by that act OF
Congress. a State law endeavor.ng to bring
that vessel in under other conditions would
be as empty and void as the air itself and
would leave Dr. Jenkins reposing on 1t. sus-
pended between wind and water
1t may be that after the congressional
regulations have permitted foreign ship TO
approach New York's soil that State may
prescribe the conditions upon which in
fected passengers and goods shall be dis
tributed amongst her people. A most serl-
Gus question would arise at this point. But
she can do nothing whatever to bring the
ship TO her harf. which falls into opposi-
ton to the expressed will of Congress. In
the case Of Gibbons 2. Ogden. 9 Wheat l,
Chief Justice Marshall expressly lays down
the propositions at pages 2O5-2lO, that the
States quarantine laws must step aside
when they conflict with the acts of Congress
regulating foreign commerce. To the same
effect is Henderson v the Mayor of New
York. % L. S. r.. 259-272; New Orleans Gas
Co. IS. Louisiana Light Co., 1l5 I. S. r.,
65O-G6l.
This subject was lately before the Supreme
Court of the United States in the case of
Morgan Steamship ComPany 9. Lo'Hsidnfs
Board Of Health in 1886, reported in 1l8 L.
S. r., ass. The case was this:
The laws of Louisiana provided that all
vessels coming into the port OF New Or
leans should be inspected by the health
commissioners and each should pay fee Of
go h. defrny the expenses of the inspection
The steamship company contended thatthis
was regulation Of foreign commerce. eX-
elusive control over which is vested in Con-
gress. and that the States could not act
upon it at all But the supreme court re-
piled that Congress had never acted upon
the subject, and that the case was one of
those where the States may legisiate until
Congress acts. and therefore that the
States regulations would be permitted to
stand until Congress should act. but the
case proceeds upon the express conceSSum
that il Congress should act upon the sub
iect its action would wholly set aside all
laws of the State in conflict with that &C
ton, %. 464). The net result then is, if the
act of Congress authorizing the President
to make the proclamation is still in force.
that proclamation must be obeyed, any
thing in any States laws to the contrary
Notwithstanding. If that act is not in
force, the States laws control and will con-
tinue to control the situation until Congress
acts upon the subject. when all regulations
provided by il must be obeyed by Gil.
----------------
ROss PLAT AND THE PRESIDENT.
Mr.. Platt has had an apparent reconcia-
ton with Mr.. Harrison. and the Republi-
cans will claim that their canvass in New
York will have all the backing that the
Boss can give to it, But Plat has had al
interview with reporter of the New York
Herald, which is not wholly instinct Of en-
ergetc action in the Presidents behalf.
In the first place it is clear that the ap-
parent reconciliations did not come until
Harrison was forced 10 drink TO its drecs
the cup of bitter humiliation. While coyly
eyadinp the direct assertion that the Presi