Evening journal., 1892-09-03
CHOLERA ORDERSCLASA
Washington and New York
Authorities at Variance.
JENKINS WILL HAVE HIS OWN WAY.


He WIN Clear Vessels He Thinks Unin-
fected-collector Hendricks May Then
stop Their Entry Into Port-No New
Cases Develop in New York Harbor.
WASHINGTON, Sept. 3.-The statement
Of DR.. Jenkins, health officer Of the city
Of New York, to the effect that Presi-
dent Harrison's proclamation directing
quarantine of twenty days in the case OF
all vessels carrying immigrants from Eu-
rope would be ignored, was the subject Of
discussion in official circles. It's tone Of in
difference, not TO say hostility, to the pur.
pose Of the presidents proclamation caused
considerable comment
'Dr Jenkins is technically right" said
Attorney General Miller to representative
Of the United Press "when he says he is
vested with power to hold any vessel as
long as he deems it necessary. Under the
statutes the general government has no
power to enforce quarantine on It's own
motion. That was the conclusion reached
in the opinion furnished by tho department
of justice yesterday. That opinion stated
that the surgeon general OF the marine hos
pital service and the secretary of the treas
ury, with his approval, have authority to
make needful rules ami regulations not in
consistent with the state laws and rcgula-
tions foi the quarantining of ships coming
INTO our harbor, with view to the protec-
ton Of the health and lives OF our people
"Ihat means that nothing can be done by
the federal government in opposition to
or inconsistent with state laws on the sub
iect, and whatever force the presidents
proclamation viii have must be given 10 d,
by the state authorities. Il was issued,n
continued Attorney General Miller. "be-
cause IT was believed that the government
should do whatever it possibly could TO pre-
vent the Introduction of the scourge. IL
has exhausted every power within control,
and whatever more Is desired from the
government must be authorized by con-
gress. In view Of the unanimous approval
which has met the presidents action in
issuing his proclamation, very much doubt
that DR.. Jenkins viii attempt TO ignore or
override it. Should he do SO, however, the
consequences, whatever they may be, must
rest with him."
In conclusion Attorney General Miller
said; III DR.. Jenkins should decide that the
presidents proclamation should not be en-. I
forced I would advise the summoning OF
congress, 60 meet within ten DAYS. to clothe
the general government with the power il
now lacks to act IN such emergencies rs the
present.
Collector Hendricks Aroused.
Collector Hendricks OF New York.
brought the apparently contumacious at
titude Of Health officer Jenkins to the at
tention Of the treasury department by the
following dispatch, addressed TO Secretary
Foster:
Referring 20 last paragraph OF Circular 100
0hc quarantine circular. shall detain vessels
In quarantine that have not entered but are
passed hy tho health officer until special ia.
structions are received from the Department.
gers.
Assistant Secretary spaulding replied as
follows:
Circular $50 excerpts vessels aaoat at date Of
circular. ANY vessel within The exception and
passing quarantine viii DO entered In absence
~ Information received after they pass health
officers that their entrance islikoly to Introduce
cholera.
This reply, il win be seen, covers only the
case Of vessels now ufoat, aud IS silent rs 20
vessels bearing immigrants that sail after
the date set by the president for twenty
days quarantine TO go into effect. Assistant
Secretary Spaulding said ~ United Press
reporter that the government had issued its
circular and il was for the state health Off
ciais TO enforce 10. He did not care to dis
cuss the subject however, and refrained
from expressing an opinson as 60 the sug-
gesilon that in case vessels were passed by
Henlth Officer Jenkins at New York with
out remaining below quarantine twenty
days, force could be used 70 carry out
the presidents order or that a Unitel States
marshal could take the vessel iu charge
Secretary Spaulding confronted himself with
hoping that all would unite and work for
the public good