Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-09-02
DEPARTMENT OF JUSTICE.
MAsHINQToN. Sent. 1. lsq2
The President:

DEPARTMENT oF JUSTICE.
WASHINGTON, Sept 1, 1894
The President:
Sir: Answering your inquiry TO the extent
Of the powers of the executive in the matter Of
quarantine regulations, beg to say:
On the 18th of April. 1873. an act Of Congress
was approved go Stats. p. 37) giving to the
executive certain powers upon this subject
On the I'd Of June. 1879 another act Of Con-
gress was approved p Statutes, y. s. providing
tor the repeal of many Of the most important
provisions of the act of 1875, bat the later act
was limited in It's duration TO the period Of four
Year,; that i. the act Of June 2. 1879, expired
by limitation on the "a Of June. 1883.
IL is well-settlei principle of the common
law that the repeal OF a repeating act operates
To revive the act repealed. just the repeal of
an act changing the common law restores the
rule Of the common law prevailing before such
oct was passed. As to the repeal of a repeating
act. this rule has been changed bv section II Of
the Revised Statutes of the United States. which
reads as follows:
whenever an act is repealed which repealed
former act such former act shall not thereby
be revived unless At shall be expressly SO pro-
yided."
The act of 1879. however, was not repealed.
bat expired by limitation, and section II Of the
Revised Statutes, therefore. has no application
to this case. In Collins vs.. Smith Q6 Wharton.
?. 29i) n was decided. CHIEF Justice Gibson de-
iveriug the opinion. that where a repeating act
expires by lite own limitation the act repealed is
revived. Accordingly. ii was held by the late
Mr. Secretary Folger, an eminent jurist. that
this particular act OF 1875 revived on June 2.
1883 The same view was taken by nv immediate
predecessor, Attorney General Garland. and
was acted npon. no doubt under his advice by
President Cleveland and Secretary Manning in
quarantining against small pox in Canada in
lSH5. la this view 4 concur.
by the law of 1875 it is provided, among
other ,Eings:
First. That no vessel coming from any for
elgn port or country where any contagious
CT infectious disease exists. or conveying any
poison or poisons. merchandise or animals
affected with any contagious disease shall come
into the United States except in the manner
and subject 10 tie regulations in that act
authorized.
Second The surgeon general of the marine
hospital service shall. under the direction Of
tue Secretary of the Treasury. be charged with
the execution Of the provisions of this act. and
shall frame all ncediul rules and regulations
for that purpose. These rules and regulations
shall be subject to the approval of the Presi-
dent. but such rules anu regulations shall not
conflict with or impair any sanitary quarnn-
tine laws or regulations OF any state or NUM-
cipal authorities now existing which may
hereafter be enacted.
The policy Of Congress has apparently been
mainly TO leave this branch Of the public SER
vice with the states, and most Of the seaboard
states have statu.es more or less elaborate on
the subject.
The state statutes and regulations, however,
may be supplemented By the national execu-
tive. Ny conclusion. therefore. is that ths
surgeon general OF he marine hospital service
and the Secretary OF the Treasury, with your
approval. have authority 20 make ncedfui rules
and regulations not inconsistent with the state
laws and regulations for the qunrsatining of
shisse rpnlirp nj ha,h.as rsfsh xsn
the protection OF she health and lives Of our
people. Very respectfully.
W. II. II. MILLER.
Attorney General