The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-21
/ QUARANTINE CASE.
J, i IL. Judgment Rendered by the
! United States Supreme Court,
Il HAS 4 RIGHT TO PROTECT HERSELF
:, touisiann Is Not the Guar
Interstate Commerce and
u.d No Csuse of Action.
,Sr.oi,l correspondence

Special Corfespouuenee',
!. ,.s,on January 17.---Following is
.s| II the opinions rendered by the
court Of the United States in the
P' no state OF Louisiana VS.. the
rsxas ct al, which involved the
4 !, the state OF Texas to protect
/, " quarantine against the city OF
\ orleans.
.,.ta Of Louisiana by her governor
W.. to his court for leave 10 ME
As' sonniainl against tho state of
/ voveruor and her health officer.
rss had on objections to grant
me- ".S mt ii appearing TO the court
Ns' course IN this instance, loiye
Oa,sd and the bin flied, wneredpon
LAS demurred. and the cause was
nus on the oral argument already
and printed briefs. *.
M iii Of complaint and the answer
{,.o sre omitted, as they have hereto
v,.r printed In these columns.)
c,,e, Justice Fuller delivered the
i'm Of the court:
ninth OF the articles of confedera-
4, i,7s provides that the congress
AZ M nthe last resort on appeal In all
w.. and differences now suhsisting
~. nav hereafter arise between two
~ states concerning boundary, juris-
u any other cause whatever" the
sr,,y 10 be exercised through a
mai 10 be created by the congress as
sribed and whose judgment should be
IA conclusive, and also that All
-oysrses concerning the private right
MI claimed under different grants of
n more states should be determined
he same manner.
ihe constitutional convention, the
mtse Of detail, composed OF Rut-
Randolph, Gorham. Ellsworth and
an IA which the resolutions arrived
n M convention and sundry PROPOSE
had been referred. reported on the
N August 4. u. 1887, a draft of a
Intuition, consisting of twenty three
hes.
second section of the ninth article
|idsd that as to "all disputes and con-
|ers,es now subslsting. or that may
after subsist. between TWO or more
y. respecting Jurisdiction or ter
wv the senate should have power
ESTIMATE a special tribunal to finally
rhine the same by its Judgment; and
fAe third section, "all controversies
eulng lands claimed under different
Is Of Two or more states We're to be
larry determined.
third section OF the proposed elev-
article provided, among other things,
the jurisdiction Of the supreme court
"a extend TO controversies between
or more States, except such as shall
n territory or jurisdiction; between
zse and citizens of another State; be-
citizens Of different States; and be-
b ia State, or the citizen thereof. and
20 States. citizens or subjects"
the 18th OF August Mr.. Rutledge said
aspect to ;ections Two and three OF
Il nine This provision for decid-
r0ntroverses between the States was
aary under tie confederation. but
Y rendered unnecessary by the Ma
judiciary now to be established;
= bis motion The section was stricken
words between citizens Of the same
claiming lands under grants of diff
States We're subsequently inserted
p third section of the eleventh ar
and the words except such as shall
territory or jurisdiction" omitted
llot. 22S. 224, 26l, 262. 267, go; FL
~ Aelgs on Growth OF the Consti-
IA. 24s)
ases and of the second section oil
III OF the constitution as finally
read;
judicial power shall extend to all
y law and equity, arising under this
'uuon, the laws OF the United
ana treaties made, or which shall
'as. under their authority; to AL
aAectlng ambassadors. other public
wy ana consuls; TO all cases of ad-
ana maritime jurisdiction: to con
w 70 which the United States shall
~ 70 controversies between two OF
sseles, between a State and citizens
.es state; between citizens Of diff
asNs, between citizens of the SAM
tanning lands under grants of diff.
s'ales and between a State. or tn,
hereof. and foreign States. citi,
subjects.
- eases affecting ambassadors
ppo'ic ministers and consuls, and
which State shall be party, the
,our' shall have original juris-
~ ali the other cases befor,
~ me supreme court shall hav,
~, tlrisuictlon, both as to law anC
IN, % such exceptions, and under
rs4Auons as the congress shall
Nh s',uee We have made to III,
Il. y tne words Controversies be
~, more States" manifestly i'll
, Ia 'ne trainers of the Constitu
that they should includ,
~ more than controversies owe
+, y. or Jurisdiction" for in the orig
n reported the latter controyer
! Ealrov. ue disposed of by the senate
ry other than those by tn
4 ,o,n.. snleh by amendment all Mer
: tss,r.s"sea' But it is apparent tina
.lf s,,sr IN Is OF so delicate and gray
soa,s IL was not contemplate
b. ~ oe exercised save when tn
s,sns., ABSOLUTE and the matter II
~spsriy justiciable. "
sny as remarked nv MIR. Ius
.! IN Hans VS.. Louisiana m
.
j !, ,s,' ,s which were not know,
i ~ common law; such. for OK
NJ, svO',n1troversles between states a
4 nnes. and other ouestions adj
judicial solution - Tn
esuss = .nis new branch of juris
ssthent ~ pc necessary from tn
y staiss diplomatic relations be
.s slale and another ststs or d
~ ~ ,, are not subjects az inSicia
- n 1asic sIon tsee Wisconsin SIM :.
n NJ ,ss 20 l27 U. s. 2s5. ass. 2Ss
!. to !. s @sre cited)" 90
i d s,s a,sal' act of 1889 the judicia
Il : sest r os,.ed and the DO gers Z
'iesl agis sS1i ,ss,, defined. Its thIrtesnt
X 81, .urward as paragraph Gs
I. ~ y AZ CAL .l nave exclusive jurIs
car safe sna 's Is a party, except be
siIe sIIsssta state and citizens ue Of nth 9TH !