The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-08-30


| move her station. AS the State occupied
| land claimed by the Kountze Bros, there
| was no alternative. But 1t required time
| to get permission from the secretary OF
war for making permanent improvements
on the main channel OF port of entry.
The enterprise was pushed with great
| energy by the State health officer Oh
Texas, but not fast enough for these en-
| terprislpg town builders. The dock re-
| ferred to as being near the station, had
fbeen rented, was informed. to lumber
| company Of Beaumont. for some SOU a
month; but the said lumber company VIII
not commence operations until the quar-
| antine station Is removed OF course, SoVV
| a month is q very important considera-
| ton, and the anxiety TO secure IL mad'
the owners impatient and desirous to nave
| a new station. In fact, all at once tney
| became fearfully apprehensive that yell
| low fever epidemic would strike this en-
| terprising community. II the station was
not removed instanter. 80 accelerate my
slow movements and hasten the removal
! OF the station to another point. they ap-
pealed to the Marine hospital service, ana
an inspector from that department has
| been assigned to the special duty of watch
| Ing that port, and the new town has the
| rare distinction OF having her health in
| terests guarded by representatives OF ooth
| State and National governments,
| Let us pause here, and analyze the
meaning OF the expression State and Ma
| tion." and endeayor to arrive at some con-
| cluson as to the rightful jurisdiction OF
| these respective officers.
Judge Cooley tells us that "a State Is
a society OF men, united together for the
| purpose Of promoting their mutual safety.
| In American constitutional law, the word
State is applied to the several members
OF the American Union; while the word
Nation is applied TO the whole body OF
the people embraced within the jurisdic-
ton Of the Federal government. 'Soycr-
eighty as applied 10 States, imparts the
| absolute supreme power by which any
State is governed.
"Therc is a division, however, OF the
powers OF sovereignty between the Ma
tional and State governments, by subjects.
The former being possessed OF supreme,
absolute and uncontrolled power over cer-
tain subjects throughout all the States and
Territories; while the States have the like
complete power within their limits, over
other subjects. The constitution Is the
fundamental law Of State or Nation and
II must regulate this division of sover-
eign powers"
The Declaration OF Independence made
every State a sovereign and Independent
sumed and performed all the functions OF
government 1t required but a few years
to demonstrate the necessity OF linllta-
tions OF authority between States and be-
tween the States and the general govern
ment. "The congress of l775 and 1916 was
strictly a revolutionary body, and like all
revolutionary bodies Its authority was un-
Defined As the exigenCes OF occasion
evolved the need of changes in The original
| nf 0p ha rhp hnv
been made; and the friction between the
National and State systems of govern
ment has been harmoniously adjusted.
There has always been a strong clamoring
for greater Capitalization OF power at the
National capital, but the old doctrine OF
State sovereignty that had its birth In the
organization OF the Federal compact is
still adhered to by the majority Of the
States, and the dignity OF Statehood as
serted and maintained. Now, Jurisdictions
are defined, and rights are fixed. Among
the exclusive rights thus fixed, and here
tofore sedulously guarded no single right
has firmer hold upon the people than
the right to protect their health and lives
by local self-government. The officers Of
the State should be the custodans OF the
public health OF each State, and the as
sumption on the part of the Federal au-
thorities that surveillance by their in
spectors Is necessary not only violates
the constitution of the United States, but
1t In tantamount to declaration that the
State officials can not be entrusted with so
important function,
Judge Cooley In his Constitutional Linn
itations" weighed with much ability and
elaboration these fine points of govern
ment policy, and his Interpretation is the
recognized authority. On page SIS of that
work he says In the general police pow
err of State, persons and property are
subjected TO all kind of restraints and
burdens, in order to secure the general
comfort. health and prosperity" ''In the
American constitutional system, the pow
err to establish the ordinary regulations OF
police has been left with the individual
States, and can not be assumed by the
National government" Neither can the
National government. through any OF its
departments or officers, assume super
vision OF the police regulations OF the
States, so long as they do not invade the
sphere OF National sovereignty, and i'm
pede the exercise Of any authority which
the constitution has confided to the Ma
ton. y Numerous Illustrations he adds,
might be given Of the power OF States TO
make regulations affecting commerce,
which Is sustainable as regulations of pa
lice" Among these are quarantine reg
ulations and health laws
ALLOW me to repeat one paragraph from
this great jurist; Neither can the Ma
tion@l government, through any OF its de-
partments or officers, assume any super
vision OF the police regulations OF the
states, II would be interesting to learn
how the expounders of the constitution
can reconcile this clause. prohibiting the
supervision of police regulations by the
National government over States, with
article of the act OF 1898, directing the
supervising surgeon general Immediately
after the act takes effect to examine the
quarantine laws OF all the States, and to
DO precisely what the constitution saws
he shall not do.
Without considering the question of re-
served rights and constitutional inhibition,
Il seems from the very nature OF things
that public health could be more salts
tactorily protected by the State authorities
than by other organizations. beyond the
State limits,
un'curs are responsible to their con
sutuents and must render an account az
their stewardship TO them. The indorse-
menis and approvals OF the people for all
pubic service is the incentive for faith.
tui performances, and the rewards for
duties done. The surgeon panaraI ~ ~.