The San Francisco call., 1897-07-15
The Quarantine Conflict to
Be Carried to the
Courts.
It Must Be Determined Whether
Federal or Local Authority
Shall Be Upheld.
Special Meeting of the Board of Health
Discusses the Recent Viola
tions of Law.

SpeC!dl meeting Oh lDe DOaIO VI
Health was held yesterday 10 take action
with regard to the conflict of authority
between the Federal and local quarantine
officials. DR.. ]. F. Morse, who. in the ab-
sence of Mayor Phelan presided, stated
the purpose tersely. 1--WE want to know
if we have authority to quarantine or
not"
communication was read from DIR.
Chalmers, Quarantine Officer, in which
be called attention in very emphatic Ian
guage to what he termed the violations OF
the quarantine laws governing this port,
and called for immdiate action OF the
board. He made special complaint OF an
entire lack of cooperation on the part oi
the Federal quarantine officers; q refusal
to accept nail for fumigstion which the
Board OF Health by resolution made IN
open meeting, from ports which have
been declared infected ports, namely,
Hongkong, Hiogo. Yokohama and Naga'
saki.
Juan was particularly cited. 1t arrived
July II with the body of a Chinese on
board who had died en- route. DIR, Chal-
mers had, upon examination, expressed
an intention OF making an autopsy, and
| went ashore 10 set his instruments, the
officers promising to keep the ship at its
anchorage outside the heads until his re-
turn, they telling him that they had no
instruments on board wherewith he could
do the work. When he returned the ship
had passed in ana gone to the island and
the BODY had been removed. He was un-
able to learn officially what disposition
had been made of the body, but was as
sured that post mortem had been held,
despite the previous statement that they
had no tools. He has not since been able
to learn what had been done with the
body.
Attention was also particularly called to
the attitude assumed by the Federal
quarantine officers in declaring they
would act ependently, and would dis
regard any local order.
Attention was also called to the action
of DR.. Blue, Federal Quarantine Of1cer,
on the occasion of the arrival OF the
steamship DorIc, on the 11th inst. where
in he informed the master that he could
proceed TO the dock without waiting for
the inspection by DR.. Chalmers, as he
(Blue) had ins pected the vessel, although
DR.. Chalmers had given no permit for the
ship to proceed beyond quarantine lines.
The case of the San Juan was aggravated
by the fact that DR.. NJ orse, president of
the Board of Health had given orders
that the vessel be detained until an official
examination had been made by officers Of
the board.
]. E. Foulds, attorney for the Pacific
Mail Steamship Company, was present at
the meeting, in response to ali invitation
OF the board, 10 explain why the orders OF
the Quarantine Officer had been disre-
garded. Mr.. Foulds addressed the board
SAYING that he was anxious to act IN ac-
cordsnce with the policy of the local
hoard, but the conflict being between the
Federal and State officers placed the
steamship company between two flres
and that they had recognized what they
considered the highest authority. Mr..
Foulds read mum ber of judicial author
ities, from which he drew the inference
tina; it is inconsistent that there can be
two bodies of like nature having like iuris-
diction or the same power at the same
timn.
THE company admits the violation OF
the local quarantine law?" inquired DR..
Williamson.
Mr. Foulds refused to admit criminal
violation, and repeated that they were
governed by superior authority. DIR.
Chalmers said the matter should be sub
mitted 10 the courts at once.
DR.. Williamson introduced the follow
ing resolution. which was adopted, and
Drs. Williamson and Fitzgibbon were ap-
pointed as the committee:
Resolved, That q committee OF two be ap-
pointed from the Board of Health to confer
with similar committee from the State Board
o. Health for the purpose OF taking the n neces- o
sary steps 70 prevent the continuation OF yio-
latlons oil State quarantine laws.
The committee will bring the m after to
the attention of the Governor, and the
legal point will be referred to the attorney
OF the board.