The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-09-03

cept In the manner and subject TO the regulations
to be prescribed as In the act contained. The
act further requires the consular officer or
other representative Of the United states. at or
formation to the Supervising surgeon general of
the Marine Hospital service whenever any In
any foreign port or country. or in case OF the
departure OF any vessel from any infected for
states. The facts to be reported in such case
are stated in detail and like report Is required
to be made TO the health officer Of the port or
destination In the United States The consular
officer Is further required TO make weekly reports
to the health officer of the sanitary condition
of the ports they are respectively stationed at;
The Surgeon general OF the Marine Hospital
service, under the direction OF the Secretary OF
the Treasury, is charged by the act with the exc
cutiOn OF the provisions OF the act and OF fram.
ing rules and regulations for that purpose, which
rules are to be subject to approval by the Presi-
dent. The two important provisions OF the same
act should be considered in determining how far
the city Of New York. The rules and regulations
to be prescribed are By the act itself limited by
ulations shall not conflict with or impair any
sanitary or quarantine laws or regulations OF
any State or municipal authorities no " existing
or which may hereafter be enacted;" and second,
provided that there shall be no Interference in
any manner with any quarantine laws or regula-
tions as they now exist or may hereafter be
adopted under State laws"
The act OF Congress, as will be seen, therefore,
recognizes the right of the States to enact quar-
6utiu6 l0Wo, anu rulSS anu resuldtlOOs anu Wucu
such laws, rules and regulations shall have been
enacted the act of Congress any rules or reg,l-
lations established Hereunder in conflict with,
or which in any manner impair or Interfere with
such quarantine laws regulations as exist In
the States, must give way TO the laws and regu.
latlons adopted by the various States. The act
9 e 81 Se@ sols s Sf
regulations with reference to quarantine, does
not give to the supervising Surgeongeneral OF
the United States authority to make any rules or
proclamation that conflicts with or impairs any
law of the State OF New York or any rule or
regulation Of the Quarantine Commissioners or
health officer OF this State.
The various States are intrusted with the duty
OF enacting and maintaining all internal regua-
tions necessary for the preservation and the pre-.
protection Of the public health. As the general
police powers of the United States is located in
the States, the police powers OF the States can
not be interfered with.
He then quotes several decisions, includ.
ing one from the Supreme Court, in sup.
port of his position, and says:
We have the opinion OF the Supreme Court of
the United states that the act of 1878. cited by
an adoption BY Congress of the laws of the vari-
Gus States OF the Union with reference to quar-
antine, and having adopted such laws, the act
press language, should be construed to forbid all
interference with their enforcement
In view OF the ansu.ss . & OF the & act OF Congress %
right to enact laws and make regulations with
reference to quarantinc and providing that
there should be no interference In any manner
with any laws or regulations SO enacted. I am Of
opinion that the power granted you
by the statutes of this State
and the duty imposed upon yon
BY that statute, as we'll as 10y the rules and regu.
lations of the quarantine department. OF the
State of New York, should be adopted and fol-
lowed by you with reference to your conduct as
health officer of the port of New York, and that
If the rules and regulations contained in the
proclamation OF the supervising SurgeOn-general
Of the United States and approved by the Score
tary of the Treasury are in conflict or impaired,
or in any manner interfere with any sanitary or
quarantine law or regulation of this State, they
must yield, where such conflict or interference
arises to the law OF this state and the rules and
regulations adopted by the Quarantine Commits
stone rs1of the State.