The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-21

the state of Texas Is Intentionally abso-
iuteiy Interdicting Interstate commerce rs II
respects the state of Louisiana by means
OF unnecessary and unreasonable ouatan II
tine regulations Inasmuch as the yind,- II
cation OF the freedom Of interstate COM
merce Is not committed 10 the state II
OF Louisiana, and that state IS not en- Il
gagged in stlcn commerce. the catse or II
action must be regarded not as Involving II
any infringement OF the powers Of the II
State of Louisiana. or any special in II
jury TO her property but az asserting II
that the State Is entitled TO seek relief L
in this way because the matters com 4
planned of affeot her citizens a, large. |
Nevertheless IL tho case stated is not one I
presenting a controversy between these 1
States, tho exercise of original iurfsdit- II
tion by this court as against Tho state /
OF Texas can not be maintained.
BY title XCII OF the Revised statutes 4
OF the state of Texas OF 1895. "The eos- /
ernor Is empowered 10 issue bis nroca I
nation declaring ouarsntine on Tho coast
or elsewhere within this State whenever
in his Judgment quarantine may heeeme
necessary, aud such quarantine may con. /
tinue for any length Of time as in the |
Judgment OF tho governor tho safety ana /
security of the people may reo,i,rer n |
Is made the governors duty ito select and !
appoint BY and with The advice ana cow I
senate h5
physicians of tho state OF TEXAS one
physician who shall be known as heanh |
officer OF the State. and shall from rre- |
vious and active practice he familiar with
yellow fever and pledged tn the inportacea |
of both quarantine and sanitation II
was also provided that "whsnover tho
governor has reason IN belieyc Ina, tha !
State of Texas Is threatened M any noin, /
or place on tho coasi border or c'sswher,,
-
dissemination of yellow fever ron agion !
or any other infectious and contavions
disease that can and should In the ouin- !
ion Of the state health officer be guarded
against by state quarantine. he shall by
proclamation. Immediately declare said
quarantine against any and an such
places. and direct the state health officer
/ to promptly establish and enforce tine re-
strictions and conditions inposed and IN
dictated by said quarantine proclamation.
and when from any cause the governor
can not act, and the exigencies of The
threatened dangers require immediate ac-
! tion, the State health officer is em-
powered to declare quarantine az nre-
scribed in this article. and maintain the
same until the governor shall officially
take such action as he may see proper''
And further that the laws In regard to
State quarantine should remain and be
or elsewhere in the State as the goternor
lor health officer might dirett and a.,
/ enforced as heretofore with such addi-
tional changes IT, station and general
management as the governor may think
proper" Differences and disputes in re-
gard to local quarantine were to be de
termined by the governor aud all county
aud municipal quarantine was made sub
ordinate to such rules and regulations as
ha Cd Ia, .
State health officer II was made the
duty OF any county. town or city au-
thority on the coast or elsewhere in tho
State. on the pronunciation OF the gov.
ernor's proclamation declaring duarantI.e
TO provide suitable stations and employ
competent physicians as health oiticers
subject Ia the approval of Tho p,vernor
and in case Of the failure Of the authori
ties to do so. the governor was emrow-
cred to act Provision was nade for IN,
detention of persons ARD vessels ana
for The disinfectton of vesse, ana 49,.
cargoes and nsesenoors orri,,irg a., ~
norris NJ Tevos sro,, 49,, I,tacta5 -, ~
district and for rules and reg,,iatirns T.,
,,egard .berato ON at;-s. 20 I.1t " -
ma eoatIa,,,', UY.so' VI sgen -
for tbo Tn'l,i,c haat.h ~
49,. 'e'.'u W 'ne ".'t' VII
.'', ,N"'' N''oHs uPon Vonl
"'iu N"sel
a., ~ -, 80 ,'"e VIC 30" -
t"Naliu t,U, Iouid II ue II leStea uy rs
elms, "nlle II Is true tnat toe po"es
Fss'eu Il, congress 70 regulate commerce
among me states Is power complete III
ltseiI' ACKNOWLEDGING no llmltatlo 5 oiher
than those prescribed In the constitution
ana that where the action OF the Sta'ei
in the exercise Of their reserved powers
comes into collision with it, the latt n
must give way, yet II Is 50 true tina
quarantine laws belong to that class o.
State legislation which is valid uatil dis
placed by congress. and that such legis-
laton has been expressly recognized by
the laws OF the United States almost from
the beginning of the government.
In Morgan Steamship Company VS..
Louisiana Board OF Health. us L. S,
455, this was so held and Mr. Justice
Miller. delivering the opinion of the court
said: 1.-The matter is one in which the
rules that should govern 1t may In many
respects be different in different locali-
ties and for that reason be better uu-
derstood and more wisely established by
the local authorities. The practice which
should control quarantine station on
. the Mississippi river, 100 miles from the
sea. may be widely and wisely different
from that which is hest for the harbor