The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-11
QUARANTINE IN FLORIDA.
Respective Rights of the National
and state Governments.


Tallahassee, Fla. July l0-On the subject
of quarantine. Attorney General William
b. Lamar has written Gov. Bloxham as
follows:
Dear Sir: The letter to you from Or. J.
y. Porter, state health officer. inquiries as
follows:
"Will you kindly instruct me as to how
far the jurisdiction of the statutes of this
state in health matter shall govern my
actions In state health matters in the
present exigency of war and to what ex-
tent the military authorities can put aside
the laws of the state in this respect? The
state of Florida not being under martial
law, can the United States military usurp
the functions or put aside the power of
the state board Of health?"
The inquiry refers particularly to the
bringing into Florida the sick and wound
ed American soldiers from the island of
Cuba and the peril Of thus introducing yell
dow fever into the state. You submit the
inquiry to me for answer, and have the
honor to reply that. in my opinion, the
quarantine laws Of the state, to the eX-
tent indicated in the inquiry. in force in
ordinary times, are suspended now in their
operations by the fact that a public state
OF war exists between the United States
OF law than the state law, quarantine
laws are passed by virtue of their police
powers. These police regulations can not
obstruct or impede the laws of Congress
declaring war and giving the military au-
thouties power to use all means and in
strumentalities for its conduct.
Cooley on constitutional limitations lays
down the law governing generally in such
cases: In the American constitutional
system, the power to establish the ordi-
nary regulations of police has been left
with the individual states, and cannot be
assumed by the national government.
Neither can the national government,
through any of the departments or officers,
assume any supervision of the police regu-
lauons of the states, so dong as they do
not invade the sphere of national sover-
eighty, and obstruct or impede the eXer-
else of any authority which the constitu-
ton has contided TO the nation"
The war power Is lodged by the constl-
titution of the United States in the Con-
Sress of the United States. That consu-
tuition and the laws of the Congress, pass
ed in pursuance thereof are the supreme
law of the land. The Congress has made
formal declaration of war and if the
military authorities deem il necessary TO
bring the sick and wounded of our army
and the prisoners captured in battle
through the state into the
United States for treatment and
military confinement, they can do SO
despite the quarantine laws in force in
the state in ordinary times of peace The
nation is at war and the national power
is supreme for the present over the state
authorities In this respect. While martial
law has not been declared in Florida, and
therefore, the meXn inter anna leges
silent is not applicable, yet the laws OF
Congress declaring war and authorizing
It's conduct are in force. and these super
cede the state quarantine regulations tc
the extent of the inquiry made by the state
health officer.
G. A. Ashcraft, Jr., James Hartsield
William T. Damon, Samuel ]. Roberts and
d. Edmonson, recruits for the First Flor
ida Regiment, left for Tampa last night