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

necessarily follows that the two States are
IN controversy within the meaning OF the
constitution, "a.
FINALLY we are unable TO hold that the
bill may be maintained as presenting a
case OF controversy "between state an"
citizens of another state.
jurisdiction over controversies OF mat
sort docs not embrace the determination
OF political questions, and wherc no con
troversy exists between states, ~ IS not lpr
thts court Ia restrain the governor OF a
state in the discharge Of his executive
functions in a matter lawfully conhaeu
to his discretion aud Judgment Nor can
we accept the suggestion that ihe nil can
he maintained as against the health oihorr
alone on .he theory that his conduct Is IN
violation or IN excess OF valid law o'
the state. as the remedy for that wouid
clearly lie with the State authorities. ana
no refusal 10 fulfill their duty In that re-
gard ia set up In truth 1t is difhcult 70
see how on this record there couid DC
controversy between the state OF LOUIS.
lana and the individual detendants without
involving a controversy between the
States. and such controversy as we
have said, Is not presented
Demurrer sustained and bill dismissed
Mr.. Justice White concurred IN the re
suit
Mr.. Justice Harlan concurred IN result
but said;
Taking the allegations Of the bill to be
true.-a as upon demurrer must be done-this
suit can not be regarded as one relbt
only to local regulations that incidentally
affect interstate commerce ana Whieh tnS
State may adopt and maintain IN the az
sence OF National regulations on the SUD
jeet On the contrary, II the allesailp ~
OF the bill be true, the Texas aubhorllleb
have gone beyond the necessities OF Inc
situation and established a quarantine sys
TEN that Is absolutely subyersive OF al
commerce between Texas ana Louisiaha,
partinulsrly commerce between Texas ana
New Orleans This court has often de-
ciared that the States have the power 10
protect the health OF their people by police
regulations directed 70 that END, ana INA,
regulations OF that character arc MOI 10 DF
disregarded because they may indirectly
or incidentally affect Interstate commerce.
But when that principle has been an-
nounced n has always been said that the
police power ~ State can not be SO eAT
erted as to obstruct foreign or interstate
commerce beyond the necessity for us ex-
ercise, and that the courts must guard
vigilantly against needless Intrusion up =
the field committed 10 congress-. thallroan
Company vs.. Husen 80 u. s., 4B5, 9lo-ita
Remington VS.. Georgia. 1853 u y, 2ss, Sis,
S1S: Missouri. Kansas and Texas Railway
VS.. Haber 169 a. s.. 6l3. s2S. CSo) The
present suit proceeds distinctly on the
ground that the regulations established by
the authorities OF Texas under It's stature
go beyond what is necessary 20 protect the
: people OF that State against the introduce
tion of Infectious diseases and destroys
the possibility OF any commerce between
New Orleans and Texas. Now, II Texas
/ has no right. by its officers. 10 establish
regulations that unrcasonabiy or unneces-
sarily burden commerce between that
| State and Louisiana and II the State 81
Louisiana Is entitled. under tho consiitn-
tion. 10 have tbc validity OF such refpla
iions tested in Judicial tribunal. then