The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1892-09-09
CONFLICT OF AUTHORITY.

CONFLICT OF AUTHORITY.
The Health Officer of New York Declares
That He VIII Not Be Governed BY the
Presidents Quarantine Circular The
Powers of the General Government Sec
ondRry to the Local Government In Sani-
tary Regulations.
New YORK, Sept 3.-Health 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-
rison's proclamation.
In the absence of Attorney-Genera
Rosemale Deputy Attorney-General
John w. Hogan, in response TO a re-
quest from DIR. 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 may 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, 1873,
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 any 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 may 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 any foreign
port to Immediately give information to
the supervising surgeon-general 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 in such case
are stated in detail, and like report is
required to be made to the health officer
of the port of 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 where they are respectively
stationed.
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 the
provisions of the act and OF framing
rules and regulations for that purpose,
which rules are to be subject to ap-
prevail by the president. The two i'm
portant provisions of the same act
should be 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 be
prescribed are, by the act Itself, limited
by the prov isiOns;
First-But such rules and regulations shall
not conflict with, or impair any SAINT ary, or
quarantine laws, or regulations OF any state or
municipal authorities now existing, or which
may hereafter be enacted.
Socond-Provided that there shall be no IN
reference in any manner with any quarantine
laws or regulations 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 quarantine laws and
rules and regulations, and when such
laws, rules and regulations shall have
been enacted, the act of congress, or
any rules or regulations established
Hereunder in conflict with, or that may
in any manner impair, or Interfere with
such quarantine laws, or regulations aS
exist in the states, must give way to
the laws and regulations adopted by
the various states.
The act of congress, therefore, in view
of the fact that the state of New York
has adopted the laws and regulations in
reference to quarantine, does not give
the supervising surgeon-general of the
United States any authority 10 make
any rules or proclamation that conflicts
with on impairs any law of the state of
Now York, or any rule or regulation of
the quarantine commissions or health
officer of this state.