The Providence news. (Providence [R.I.]) 1891-1906, 1898-08-23

Rank Violation Of the Statutes Of
Rhode Island by the Board of Health.

II Is quite evident that the gentlemen
OF the state board OF health do not up-
derstand the legal situation in which
they stand In the matter of "quarant-
ing" families or houses. The quaran-
tine law is chapter S5 of the general
laws OF 1892. 1t would be well for these
gentlemen TO read this law. and Book
Notes will lay II before them. The
statute makes town councils or boards
OF aldermen. boards of health. and
they may make such rules and regu.a-
tions. not repugnant to law, as they
shall judge proper General Laws. II.
l.. 1892. page 1879. In this statute town
councils, or boards of aldermen, have
power given them to make quarantine
concerned; that is, in what part OF the
harbor, or bay. or river the vessels shall
lie at anchor, and other rules concern
ing them. and their crews; but upon the
land the statute does not give them this
power; IL Is given to the governor, and
10 him alone, and cannot be delegated.
Thus stands the statute: Whenever
the governor shall deem IL advisable
for the preservation of the public
health and the prevention of the spread
OF infectious diseases, he may by pro-
clamation place under quarantine the
whole state, or such portion thereon as
he may deem necessary" Thus the
quarantining OF a home or any locality
upon land Is given only TO the COVER
nor; and he must issue proclamation
OF the fact. Having done this, the
governor Is authorized to give to the
state board OF health (but TO no town
council or board OF aldermen) power
to enforce such rules and regulations as
may be deemed necessary TO prevent In
PRODUCTION and to restrict the spread OF
diseases" But quarantine power hav-
ing in this very section OF the statute
been placed In the hands OF the gov
ernor, to be used only by proclamation.
IL Is not thereafter given to anybody
else. The state board has no power
under the law to expend a dollar OF the
state money, save only under the ap-
proval Of the governor (Sec. 15). The
state board Of health can only act, un-
der this law, during the period when
any such proclamation shall be in
force" (Sec. 16). (Gen. Stat. r. l.,
1892. p. 319)
Consider for a moment the legal
duties or powers of the state board or
health. The establishment of IL forms
the subject of chapter 80 of the General
Laws. 1t shall take cognlzance OF the
llttftSt VI iiit anu ~
shall make Investigations into the
causes of disease" s* ut shall do
all In Its power to ascertain the causes
and the best means Of prevention or
diseases of every kind in this state"
and lit shall publish and cir
culate such information" and
lit shall investigate and give advice In
relation to such subjects as the gen.
eral assembly or the governor. may ask.
ut shall investigate diseases
among cattle" "The secretary
shall make inquiry of town clerks or
local boards, and he may ask practic-
ing physicians in relation to prevalence
of Diseases The governor Is author
ized to provide an Office where this inn
portant work can be done. Under such
very general but most significant pow
ers can this board place the entire state
of Rhode Island or any part thereof
under quarantine? Most certainly 1t
cannot Only the governor Of Rhode
Island can do 1t. and then only by a
proclamation. But the conditions for
such proclamation must be extraordi-
nary. The public health" must be In
danger. A hypothetical case OF diph-
iberia in Norberg's family cannot be
held to endanger the public health to
such an extent as to justify the gov
ernor in issuing a proclamation of quar-
antine; no more would 1t justify the
state board-but in spite OF the action
of Dr. Swarts, he had no jurisdiction in
the case--Norberg ought to have called
the police.
Section is of this quarantine law is
a fine specimen of legislation. 1t Is
original in this digest OF 1892, and IL Is
now exactly as the very learned COM
mission which made this revision pre-
pared 1t, but ii bears the unmistakable
finger marks OF the late secretary of
the state board. Dr. c, n. Fisher. The
section begins thus: Nothing in Sec
tions Is, IA, Is lin which land quaran-
tine is provided for) shall be construed
to impair the validity OF the provisions
Of the first twelve sections" lin which
sea quarantine is provided for); pro-
vided. that said state board during the
period when any such proclamation (by
the governor) shall be in force shall
have power at any time to suspend any
Df the rules in this first section men
toned (this blind statement must mean
section 13 of the law and referred to-
and to make and establish rules In sub
stitutlon therefor and I'm addition there
70 respecting quarantine in any town."
Gen. Laws of II. l., 1892, PIP. 319, 320)
When a statute provides certain
definite way in which a thing shall be
which to do it, Can the state board,
which has to have specific law In or
Ter to rescind one OF its own rules, SUI
the statute itself and take into |
ts own hands the power to quarantine |
/ house? Or can the state board of |
education supercede the governor in |
he issuance of proclamations of |
This extraordinary statute provides |
he state board with power to rescind |
me of it's own rules and make another. |
Evidently DIR. Fisher forgot to put into |
he law a provision that this change |
night be written on piece OF paper
uch legislation Is positively farcical. |
3ut this is clear. The governor alone 1
an place a house, or land. in Rhode |
sland in quarantine tsec 13). The |
tate board can make no rule nor regu- |
alton in this quarantine until first au- /
horized to do so by the governor (Sec. |
-. And any rule made by the board /
xists no longer than the time in which
he governors proclamation is i'm force
Sec. 16), and no sheriff, deputy sheriff. |
own sergeant. constable or other officer
as any warrant In law TO execute a /
tate board rule. save only during the
ime that the governors proclamation
, I'm force (Sec. 16). Neither DIR. Swarts
= secretary. nor the state board itself,
as any legal power to quarantine any
II