Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-10-19
QUARANTINE HEARING
Texas Answer to Louisiana Filed
. by Attorney General Smith.
FOUR POINTS MADE.
The Case VIII Come up Before the Su.
preme Court Of the United States
at Washington on Next Mon.
day for Hearing.

Washington, Oct rs ATTORNEY Gen.
sral Smith has fled his objections in the
supreme court TO the filing Of the com.
plant Of Louisiana against the state Of
Texas, in which atemporary injunction
IL sought TO prevent the officials Of the
latter state from maintaining quaran.
tine against the city Of New Orleans
The objections are
That the court has no jurisdiction
OF either the parties 10 or OF the subject
matter Of this suit. because it appears
from the face Of said bill that the mat
tiers complained Of do not constitute
within the meaning Of the constitution
OF the United States any controversy
between Louisiana and Texas
2. Because the allegations Of said bill
show that the only issues presented by
the bill arise between the state Of Texas
or her officers and certain persons in
New Orleans who are engaged in inter.
state commerce, which do not in any
manner concern louisiana a. a corpo.
rate body or state.
g. Because the bill shows upon is
face that the suit is in reality for. and
In behalf Of certain individuals engaged
In interstate commerce. and while the
suit is attempted 10 be prosecuted for.
and in the name Of the state Of Louis.
lana, said state Is only in effect leaning
Its name 10 said individuals. and is only
nominal party, the real parties at
Interest being individuals In the city Of
New Orleans who are engaged In inter.
state commerce
4 That II the allegations Of the bin
be true, then it appears a. to the mat.
ter complained Of the said William +
Blunt, health officer Of the state OF
Texas, is not acting for and on behalf
of the state Of Texas, under aud by vir.
tue Of any law Of the state. but that all
OF his acts are in excess Of his power
and authority a. an officer Of Texas. not
binding on the state Of Texas. and that
as 20 such Illegal and unauthorized act-
Of said William +. Blunt. the said state
OF Texas cannot be- held responsible. aud
therefore no such possible controversy
between the states Of Louisiana aud
Texas II shown a. would give this court
jurisdiction Of the parties or N the sub.
ject matter Of the suit 10 permit the
complainant TO file this bill and TO force
the state Of Texas and her officers 10 ap.
pear herein would only subject the
state Of Texas 20 great expense and an.
noyance without any benefit or ad.
vantage TO complainant
ilAfter the filing Of the objections
Judge Farrar, representing the state OF
Louisiana, asked until next Monday 10
prepare brief In replication This re-
quest was granted Oral argument Oh
the objections will be- heard on that day
also
II the objections Of the attorney gen.
eral Of Texas are overruled aud tho bin
OF complaint Is permitted 20 be- filed.
day will set for the preliminary hearing
on the motion for injunction contained .
in compliments bill
In the meantime. II a good white
frost or two should appear, the litiga.
ton would be- knocked into cooked .
hat and the principle at issue would .
have TO go over until another outbreak
Of yellow fever IN New Orleans In some
future year would neccssitaie another
quarantine