The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-29
70 QUARANTINE CHINATOWN.
STEP MADE NECESSARY BY THE
COURTS ACTION.
Injunction Having Been Granted Re.
straininE the AuthOrities From
Inoculatfng Chinese, Rigid Quar-
antine is Considered Necessary.

SAN FRANCISCO, May 2s.-The plague
situation assumed new phase tonight,
which will probably result in the quar-
antine OF the Chinese section OF the city.
The quarantine of Chinatown was not
called forth by any unfavorabe develop
ments In sanitary conditions. but 1t was
due to the necessity of providing for the
better control of the situation in view
of the fact that the United Safes cir
cult court today issued an order restrain
ing the local board of health and DR.. Kin
youn, the United States surgeon. from in
oculating Chinese and Japanese.
When the decision OF the court was rem
dered Surgeon Kinyoun called on his
inspection and notified Surgeon General
Wyman OF the courts action. The state
board then took the matter in hand. AL
meeting OF that board a resolution was
passed instructing the local board OF
health to place an effective quarantine
around Chinatown. The local board of
health issued a call for a special meet
ing tonight, and II is very probable that
formal quarantine of Chinatown VIII
be declared and measures adopted to make
II effective.
At a meeting of the state board repre-
sentative merchants of the city were pres
ent and they announced that they would
render every assistance to the city Of
Ucldl5. Ut. BLUNT, state VihNN.
OF Texas. who was also present, favored
quarantining the Chinese quarter, and stated
that II such action were taken he would
modify the quarantine against California
now existing In Texas. and allow goods
and persons to enter the state II they
carried certificate OF health.
The uuarantinng of Chinatown will be
a great surprise to its residents. who
were preparing to resume business on the
strength Of Judge Morrows decision. The
local board of health does not expect fed
tptprferpncA I'm the matter OF en-
forcing a quarantine, as they regard 1t
as purely municipal affair.
The Courts Opinion.
The United States circuit court of ap-
peals Judges Morrow. Hawley and De
Haven. sitting en- bane today, issued the
injunction prayed for by the Chinese resi-
dents OF this city. restraining the board
OF health and the federal authorities from
interfering with the free movements OF
the Monaghan residents of San Francisco
and their freedom In travelling to and
from this city TT, The complaint n,an,s of t tSe
terms of a resolution adopted by the
board Of health. declaring that plague
strained !" Of their sey wsrs Them
States and the existing treaties between
the government of the United States and
Chinese government: that the authorities
disseminated against the Monaghan race
in singing out the Chinese and Japan
csc for the enforcement of the terms Of
the resolution; that the Haffkine prophy-
Tactic was not the proper treatment for
persons already exposed to the plague,
the federal authorities had proven that
single case OF plague existed In this city
Tho cour. sustained every contention
In the complaint and granted the in
junction. The decision was read by Judge
Morrow ami was concurred I'm by Judges
De Haven and Hawley.
In his decision Judge Morrow holds that
the board of health had no power to
issue the instructioni regarding the inoc;
not passed any legislation on the mat
ter. as provided by the charter OF this
city and county. Discussing the federal
quarantine act of March 2I. 1890, Judge
Morrow said:
1T will be observed that the statute
is open TO the Interpretation that the
PRONUNCIATION OF rules ana regulations to
prevent the spread OF the diseases named
IN the statute L. made to depend upon the
fact that It has been made to appear to
the satisfaction of the president that the
disdaees exist In tho particular state or
territory where the regulations are to be
enforced. II this Is the proper interpre-
ta,ion to be placed upon the statute. then
the enforcement OF any rules and reKula-
lions is open to the objection that 1t does
not appear that the president has found
the plague exists In San Francisco or In
California. or. indeed, anywhere else In
the United States, nor does II appear that
the supervising surgeon general has 20
found or that he has prescribed any reg
ulattons requiring the administration Of
Haffkine phophyiactic under any conditions
or to parties seeking transportation from
ono place in the state to another. The
only restrictions imposed by the surgeon
general Is that transportation companies
shall refuse transportation to Asatics un-
less provided with the certificates OF the
defendant KinSoun What examination or
treatment IL required to entitle IA Chinese
person to this certificate IL not provided
IN the inst rtlctions Of the supervising sur
g~on general The instructions are there
fore plainly insufficient In these essent al
particulars to justify the defendant Kin
youn In the restrictions and conditions he
has placed upon the complainant and
those represented in the bill OF complaint A."
Action Is Deferred.
During the meeting Of the city board OF
health tonight the question was raised
whether or not the order OF the United
States court would not prevent the board
from declaring a quarantine. A reading
81 the order convinced the board that Il
was very sweeping In It's effect. and II
was feared that to declare a quarantine
would bring the board in contempt
After discussing the matter until mid
night action In the matter was deferred
until tomorrow.
Denver Takes Precautions.
DENVER. May - Tho state hoard II
health this morning decided 20 quarantine
against the eutanCe OF Chinese and jap
anesr into Colorado tutN further notice
10 given no CnnRman OF japanese may
enter the state without a certificate signed
by the health officers from the city whence
he comes stating that he has not been
weeka immediately preceding the date OF
HE nppiiCA alton