The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-08-30
|SABlNE PASS QUARANTINE.
Small Pretext FOR the Action Of
Federal Authorities.
THE ACT IS UNCONSTITUTIONAL
undeF which Dr. Msgrudcr Has
Acted nnd II a Clear InfrinRe-
mcns Of states Rights.

gruder OF the Marine hospital service, In
attempting to justify the unwarranted as
sumption OF control over the Sabine Pass
quarantine station BY the Federal au-
thorities, makes the assertionin print that
said control became necessity because
Of the disregard OF National quarantine
regulations by the State officer In charge
at tho point named. The facts in the
case do not tally with Or. Magruder's
presentation thereof, however the truth
OF the matter being that Il was his verbal
order and not the printed rules Of the SER
vice that the States representative refused
to recognize. The Sabine Pass station was
seized by Magruder upon the merest
shadow OF pretcxt and In spite OF re-
peated assurance from the State quarantine
authorities that they understood the stu
alton there and were prepared to take care
OF 1t, the action OF tho marine hospital
service people in the premises was high
handed and discourteous in the extreme.
1t having been wired TO State Health Of
fcer Swearingen that DR.. Magruder re-
pbIitu lUe SlludllOu NJ trtplut aSS uuh~
gerous. he replied as follows
Surgeon General Walter wyman, Marine
Hospital Service. Washington. d. C.
Austin, Texas, July 10. Il intend to
move the Sabine station two miles
south OF present site as soon as per-
mission to do so Is given by the gov
eminent. The danger has been great
ly exaggerated. When infected vessels
I.., .tx1a ienlr 10 s.n
forced. II. NJ. Swearngen,
State Health Officer.
No attention was paid to the above and
the Sabine Pass station was seized with
out notifying the State authorities, after
which DR.. swearlngen wrote the surgeon
general as follows:
Dr. Walter wymap, Supervising Surgeon
General. Marine Hospital Service. Wash
ington, u. c..
Austin, Texas, August 12.Dear Sir:
have the honor 10 acknowledge the receipt
OF your communication OF the 9th instant.
relating TO the assumption OF control by
the Marine hospital service OF the function
OF quarantine at Sabine Pass. l would
respectfully submit THAT the quarantine
act OF 1893 authorizes such assumption
only in case OF failure or refusal OF the
spANtt uNAhollhitb W TIC luiSs hhd
regulations promulgated by The treasury
department and | respectfully beg to as
sure you thar at no time have |, or any
OF the officers OF this department, ever
tailed, refused or neglected TO enforce
such rules where Il has been necessary, or
required 81 Us TO do SO. DR., Perkins de-
Ginning to permit DR.. Magruder to exercise
supervision over him and to obey his
verbal orders can not. by any construction,
ha said tr,h ., N oh ~ aof I
fore earnestly request that you consider
your action. Granting that you, acting
upon DR.. Magruder's report OF the ciroum-
stances construct 1t to mean that he re-
fused to obey the rules promulgated by the
treasury department, 1t would have been
more consistent with the courtesy which
has heretofore characterized the official
relations Of the Marine hospital service
and this department, II you had 50 written
me and given me tho opportunity to cor
rect the msapprchension. Az onief health
OFFICER OF Texas I am responsible to the
people of the State for tho safe guarding
OF the public health, and IL is not only my
duty, but has always been my pleasure to
avail myself OF everything that may con-
tribute to that end. l have therefore been
careful to sec that no rule or regulation
promulgated by the secretary of the treas
ury has been neglected trust, for the
sake OF harmony, as well MS for the best
interests OF the service. you may see this
matter IN It's true light and hasten to re-
call DR. Magrudor His presence there.
under tho circumstances. can not but proye
source OF friction. being, as | have point
"a OUT, unauthorized by any reasonable
interpretation OF the act referred to. and
altogether unnecessary.
! nave Just returned from Sabine Pass.
whcre spent twenty four hours The In
afiat!ve has been taken for tho speedy
construction OF new station about two
miies below the present site, and the work
VIII BIO pushed 10 0, speedy completion,
Deg TO state that It Is my intention,
20 De present on the 18th instant at Nash
vlhe. at the conference OF State boards OF
| health and to read n paper which have
prepared on the relation OF Federal IN
state quarantine, ana Ii would be yery
sthiitying TO me II you can make Il con
Vehleht to be present. Very truly YOURS
r. NJ. Swearinyln.
State Health Officer,
The above was supplemented by letter
from Governor culberson to the secretary
or the treasury, protesting agalns, the
aeilon OF the marine hospital service au-
thorites, which letter it Is learned has
been referred to ono Mr.. Spauldiug. who
is expected to look into the matter and re-
nort thereon In due time.
III SO far as Sabine Pass Is concerned
not one infected vessel has touched there
In twelve years, and there were absolutely
no grounds for the apprehension simulated
hv Magruder in the case OF the shin from
Vera Cruz, over which he took the m
which resulted In the present trouble.
II is SUSPECTED here that there Is soma.
'h'ns besides a desire to protect the port
Of Sabine Pass,
There is faction OF the State Medical
association which has It in Tor DR., Swear
ingen, and have been trying TO have tho
state turn Its quarantine department over
to the Marine hospital service, hoping
that II the cost of maintaining the ouaran.
tine Is shifted upon the Federal govern
ment the legislature will be willing 10
create State board OF heslth with fat
salary attachments. which has been the
dream OF certain persons for many years,
their desire being 10 drop into soft borths
en- said board Tho Twenty~afth lesisla,
turs very emphatioally refused 20 abolish
I Ia Ia ". .... H..