People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1892-09-09
Approved, BENJAMIN HARRISON.
Conflict of Authority.


New YORK, Sept Heath Officer
Jenkins declares that 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-
risons proclamation.
In the absence of Acknowledgement
Rosemale Deputy Acknowledgement
John W. Hogan, in response to a re-
quest from DR.. Jenkins asking him
to 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 Off
GER OF the port of New York NAV use
his discretion as to how long vessel
shall be detained at quarantine indie.
pendent Of any proclamation of the
president
Mr.. Hogan in the course of his opin-
ion says: Il have read the opinion of
the encouragement of the United
States as 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. 1878.
may be considered in full force and
effect at the present time"
The act of 1878 referred to prohibits
the entry of any vessel from anv foreign
port or country where contagious or in
fictitious diseases may exist, contrary to
quarantine laws of any state into or
through which said vessel NAV pass or
to which it is destined except 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 representatives of the
United States at or near anv foreign
port to Immediately give information to
the supervising surgeon-general of the
marine hospital service whenever anv
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 in 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 the United
States.
The surgeon-general of the marine
hospital service under the direction of
the secretary of the treasury is charged
by the act with the execution of tbe
provisions of the act and of FRAMING
rules and regulations for that purpose,
which rules are to be subject to an
proval by the president. The two i'm
portant provisions of the same act
should be considered in determining
now FAR this act of congress is appli.
cable to the port of the CITY of New
York The rules and regulations to he
prescribed are, by the act itself, limited
by the provisions:
First-But such rules and regulations shall
aot conflict with, or impair any SAINT ary, or
quarantine laws, or regulations Of apy state or
municipal authorities now existing, or which
may hereafter be enacted.
Second-Proyided that there shall be M in.
reference in any manner with any quarantine
avs or regulations as they now exist or NAV
hereafter be adopted, under state laws.
The act of congress, as will be seen.
therefore, recognizes the right of the
states to enact quarantine laws and
rules and regulations, and when sucb
laws, rules and regulations shall have
been enacted, the act of congress or
any rules or regulations established
hereunder in conflict with. or that NAV
IN any manner impair, or interfere with
such quarantine laws, or regulations &c
exist in the states, must Give way to to
the laws and regulations adopted bv
the various states, y