The Red Cloud chief., 1892-09-09
DISRECARDED.
Tho Presidents Proclamation Oar
ries No Force at rJew York.
JENKINS WILL USE HIS DISCRETION.
The Powers Of the General Government
secondary to the Local Government
In Matters Of Health and
Quarantine.


New York, Sept 3.-Health Officer
Jenkins declares hat he shall continue
to quarantine vessels and to release
them from quarantine according TO his
view Of the requirements Of the special
cases. without regard TO President Har-
rison's proclamation.
In the absence OF Attorncy-Gencral
Rosemalc Deputy Attorney-Gcncral
John W.. Hogan, in response to a re-
quest from DIR. Jcnlsins asking him
20 define his powers In connec-
ton with the : circular approved
by President Harrison, ordering a
quarantine detention Of twenty days on
all vessels destined for United States
ports, wrote an opinion In which he
particularly holds that the health OIL
Ger of the port of New York may use
his discretion ms to how long a vessel
shall be detained Mt quarantine indie.
pendent Of any proclamation OF the
president
Mr.. Hogan In the course Of his opin-
ion says: ~ have read the opinion OF
the Encouragement OF the United
States Us published In the public press
OF this date and agree with that por-
ton of his opinion wherein he states
that the act of congress OF April 20. 1873,
may be considered in full force am
effect at the present time" =.
The act Of 1878 referred To prohibits
the entry Of any vessel from any foreign
port or country where contagious or in
f~ectious diseases may exist, contrary to
quarantine laws of any state into or
through which said vessel may pass or
10 which 1t Is destined except in the
manner and subject 10 the regulations
10 he prescribed rs in the act contained.
The act further requires the consular
officer or other representatives of the
United States at or near any foreign
port TO Immediately give information To
the supervising surgeon-gcneral of the
marine hospital service whenever any
infectious or contagious disease shall
appear in any foreign port or country,
or In case Of the departure of any YES
sci from any infected foreign port
bound for any port in the United States.
The facts TO be reported Ia such case
are stated in detail, and a like report is
required TO be made to the health officer
of the port OF destination In tho United
States The consular officer Is further
required 10 make weekly reports to the
health officer Of the sanitary condition
OF the ports whore they are respectively
stationed.
The surgeon.gencrnl of the marine
hospital service under the direction OF
the secretary Of the treasury Is charged
by the act with the execution OF the
provisions OF the act and Of framing
rules and regulations for that purpose
which rules are TO be subject TO up
prevail by the president. The two i'm
portant provisions of the same nc
should DO considered In determining
how far this act Of congress Is appli
cable To the port OF the city Of New
York. The rules and regulations TO b.
prescribed are, by the act itself, Unite,
by the provisions:
not conflict with. OF impair any SAINT ary, o
quarantine laws, or regulations OF any state o
municipal authorities now existing, or whic
may hereafter be enacted.
Second-Provldcd that there shall be no II
terference In any manner with any Quarantin
laws or regulations es they now exist or ma
hereafter be adopted, undor state laws.
The act Of congress, as will DO seen
therefore, recognizes the right Of tn
states TO enact quarantine laws an
rules and regulations, and when sue
laws, rules and rcgulatio ms shall hav
been enacted, the act of congress, @
any rulcs or regulations establishe
Hereunder in conflict with, or that ma,
In any manner impair, or interiors wit
such quarantine laws, or regulations u
exist in the states, must give way I
the laws and regulations adopted b
the various states.
The.act Of congress, therefore, In VIE
of the fact that the state Of New Yor
has adopted the laws and regulations /
reference to quarantine, does not Civ
the supervising surgcon-general Of II
United States any authority TO NAL
any rules or proclamation that coniic,
with or impairs any law Of the state
New York, or any rule ar regulation
the quarantine commissions or healt
officer Of this state.