The Montgomery advertiser., 1905-09-27
SENATOR MORGAN URGES
 CALL OF LEGISLATURE

&%@040AA N VI N A States? If we intend to yield these rights, 1t is iii vain that they are the subjects of controversy among the state Railroad Commissioners. If we intend to adhere to our rights, such in- structions should be given to our Con- gressmen. Question of ouarantfne. The question of the power of quar- antine Is forced upon the consideration or the Government of Alabama and must b. speedily settled. Quarantine within State, is claimed to be a re- l served. police power, and this is the obvious purport of the acts of Congress in the beginning of the Government. These acts have been somewhat modi- lied more recently.
 Quarantine, between the States, and between this and foreign countries, is right claimed for Congress by virtue Of the right to regulate commerce and to provide for the general welfare. Quarantine. as a practical question, is urgently demanding the exercise Of all the powers of the United States. and also of the States. for the cure and repression of yellow fever. It is im- possible to exercise these powers in full force and with an adequate sup | ply of money If the United States and the States. respectively. have equal and unquestionabie authority over quaran- tine in the same place and at the same | time One or the other must be | supreme.
 "The supremacy of laws of quaran-. | tine, over personal rights. is greater and more imperative that the laws of war, or than any other form of abso- | lute control. and the corresponding Jealousy of the people towards this ex- | ercise of power is equally severe and l resentful
 Tn such circumstances it is impos- sible to conceive of a greater danger to | civil government than serious con- fict as to the righ:ful Jurisdiction in 1 the declaration and enforcement of quarantine. The recent action of the l Tinted States Government in Louisiana has made a plea for supremacy that Is l in conflict with many views of State sovereienty and we'll settled opinions as to the wiser policy. It has been supported hv generous assistance in money. and more acceptably. in the skill. fidelity and labor of great physi- clans. employed in the service of the l United States. The question can now | be approached in a spirit never before possible. and the demand for clear definition of the limits of the iurisdic tion and the duties of the State
 
 met without friction.
 Compact Between states. But who Is able to make these definitions and to prescribe these llmita- tions? Unless this can be done by l positive, statute law, or by compact be- l tween certain States, ratified by Con- gress. I can see no way to escape pro- | tracted and ever-recurring questioning and discussion of subject that often. | wwW4Tl A~9- single day If the law to regulate such conflicts of Jurisdiction is not clear. positive. and conclusive in It's | operation. 1t is better to leave the whole question to the people who are most directly concerned and to their instinc- | tive sense of lf-preservation. If this ! is done. commerce. intercourse. and governmental operations, such as malls and the transportation of troops and other agents. must be suspended by the | Interruption of local. police authority. 1 This is an inadmissable fault in gov ernment and must, in some way, be | rectifed.
 'The States may enter into compacts | with each other. subject to ratification | by Congress. Such compacts. when l made. have all the force and effect of constitutional ordinances and are not repealable. unless it is so provided in the compact. except by the consent of all the powers concerned. do not re- call any exercise of this great, latent power of constitutional government, but the possibilities fin favor of the general welfare that 1t includes. are among the most helpful of the blessings that are treasured up in the Constitu- ton of the United States.
 "The visitation of the yellow fever along the gulf coast is the proper oc- casion for considering what may be donesby two or more States toward pro- viding. by compact. for the proper ad- justment of the laws of quarantine. If acts of Congress are relied upon to set tie these conflicts of Jurisdiction. every mile post in the progress of our his- tory will be a head board at the grave of our hopes and expectations. The treaty-making power, by incorporat- ing provisions as to quarantine in treaties with foreign powers, thereby making them "the supreme law" may empower Congress to legislate for the quarantine of yellow fever, without in-