Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1892-09-08
CONFLICT OF AUTHORITY.

CONFLICT OF AUTHORITY.
The Health ofHcer of New York Declares |
That He WIN Not BE Governed by the |
Presidents Quarantine Circular = The |
Powers of the General Governments Sec
ondsry to the Local Government In SaDi- /
tary Regulations.
New YORK, Sept Stealth 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-G General
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 may use
his discretion as to how long a vessel
shall be detained at quarantine indie
pendent of any proclamation of the
president.
Mr. Hogan in the course of his opin-
ion says: 81 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 1873 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 APP
prevail by the president The two inn
| 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 provisions:
| First-But Such rules and regulations shall
| not conflict with, or impair any SAINT ary, or
quarantine laws, or regula tons of any state or
| municipal authorities now existing, or which
| may hereafter be en1cted.
Second-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 thu
states to enact quarantine laws ana
| rules and regulations, and when sucf
laws, rules and regulatiO rs shall have
been enacted, the act of congress. o.
any rules or regulations established
Hereunder in conflict with, or that may
in any manner impair, or interfere with
! such quarantine laws, or regulations a:
exist in the states, must give way TX
the laws and regulations adopted by
the various states
The act of congress, therefore, in view
of the fact that the state of New Yorl
has adopted the laws and regulations Il
reference to quarantine, does not Civ
the supervising surgeon-general of tn
United States any authority to MAX
any rules or proclamation that conflict
with or impairs any law of the state o
New York, or any rule or regulation o
the quarantine commissions or health
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