The sun., 1892-09-03
Will 1t Stop Immigration?

The Presidents order putting twenty
days quarantine on oil ships bringing i'm
migrants from any foreign port is received
with general satisfaction and approval.
This Ia based on the supposition that the
order is good for its face value. A twenty
day quarantine. rigldly and impartially
enforced against all immigrant ships.
practically amounts to tho total suS-
pension of immigration for the time.
No steamship company will attempt
under such conditions to continue its steer
age business. The twenty-day order II SOL
idly grounded in legal authority. will ac-
complish everything that could have been
effected by an extra session of Congress
and law directly authorizing the Presi-
dent to close the gates.
We wish to call attention to n feature Of
the twenty-day order indicating that it is
not good for its face value. II such Is tho
case. it is better that the flaw should lie
recognized now rather than later on.
The President finds his authority in the
law OF 1878. repealed by the subsequent act
OF 1879. but. in the opinion of Attorney-Gen-
eral MILLER. revived in full force by the
circumstance that the later act was linz
tied in its duration to four years. That is
to say. at the expiration Of that term the
provisions Of the act OF 1878 again became
operative. The Attorney-General's opln-
ion in this respect is undoubtedly sound.
Now, what is tho power conferred upon
tho President by the provisions Of the act
OF 1873, MS revived in the manner explained
In Mr.. MILLEKs letter!
For the Presidents guidance. the Attor-
ney-General quotes part Of the law Of 1875.
and quotes it Incorrectly. His citation is
rs follows
"By tho law of 1878 it is provided, among other
thnss First; That no vessel coming from any foreign
poft or country whero any contagious or infectious
disease exists or conveying any person or persons.
merchandise or animals. affected with any contagious
disease shall come into tho United States except In
:he manner and slbec, to the regulations In that act
authorized"
What the law really says is quito different:
That NJ vessel vehicle coming from any foreign
port sr rountry where any contagious Or iEsctious
dsease may exist. and vessel or vehicle conveying
auy person PERSONS merchandise or animsA affected
with any infectious contagious disease. shall enter
any port unied States pass the boundary lns
between the United States and any foreign country
omnrv~ hs anh"e ir' V any one ~ sdit United Snt'
into through the jurisdiction OF which said vessel or
vshicie may pass to which 1t is destined Or except
iu the and subject to tho regulations to be pro-
scribed as hereinafter provided"
Tho other and the only other provision Of
tho act of 1873 which tho Attorney-General
states for tho Presidents information Is
that which hc offers AS authorizing the
regulations to ba prescribed Us hereinaf-
ter provided" Mr.. MIILER's second quo
taton is this:
''sesoni-'The Surgeon General OF tho Marine Hos
tai Service SHALL under the direction OF the secretary
Of the Treasury he @ q tho
provisions of this act and shall frame all needful
ru ana regulations for that purpose These rules and
rrsuii'ons shall bo subject to the approval OF the
PRESIDENT ICi sach rnes and regulations shall not
conh'ct Or impair any sanitary quarantine laws.
laws of any sta'a or ANY municipal authorities now
existing or which in-y hereafter be snacted.'"
This quotation is almost literally accu-
rae; but it Is merely the socoud part Of a
section the lirSt part OF which is not quoted
by 1lr, MILLER; and TO that first part the
passage quoted directly refers and applies.
Tho omitted portion is Us follows:
That whenever any infectious or contagious
shall appear in any fore port or country aud H.
ever any vessel shall leave infected foreign port
or having on board goods or Passengers coming vom
Any place OF district infected With cNuega or yellow
fever shall leave any iugegn port ,und for any port
In tho United states the Consular officer other rep
resentaiiye OF the United states nearest such
foreign port shall Immediately give inform alton there
Of to tho Supervising surgeon General OF the Marine
Hospital service aud shall report 10 him the name ths
date OF departure aud the port OF destination in
United States aud the Consular officers Of the United
states shall make weekly reports TO HIM Of the an.tpr,
condition OF the aoris at which they are reppect.vei,
stationed"
Then follows the passage quoted by the
Attorney General as IL IL were genera
authority ~ the Executive 10 make sucl