The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-11-14

Senator S. r. Mallory. who return
ed Saturday from the Chattanooga
conference on Quarantine and Immi-
grafton was seen by a Journal repre-
sentative yesterday and queried rela-
tive to the reasons for his vote in OBJ
position to the resolutions adopted by
the conference. In reply Mr.. Mallory
said:
"I believe that congress has au-
thOrity, by reason Of its constitutional
power to regulate commerce, foreign
and interstate, 20 establish Quarau-
tine stations within the states. for
the purpose Of regulating our foreign
and interstate commerce. It has no
constitutional authority to establish
such stations within the states as
heath measures per Sc. It may do so
In the territories and fin the District
Of Columbia, because the cOnst tuition
gives it ample power for that purpose.
but without the consent of the states
congress has no authority TO enact
any legislation to protect the health
of the people Of the states. except in-
cidentally In regulating our commerce
among the several states and with
foreign nations.
Len With the States.
"The power of protect the healt5
Of the peOpe Of the states against l1s
introduction of infection and conta
gi0us diseases is left by the consu
tuition of the United States solely ana
exclusively with the states themselves,
IL Is one of the reserved powers of the
states referred to In the tenth amend
ment, and involves a most fundamen-
tai right because TT includes the ina
lienable right Of selfprotection ana
self-preservatiOn.
The federal government gets iia
quarantine power incidentally from
its exclusive power to- regulate COM
merce; the states enjoy their Quaran-
tine power as an essential and neces-
sarily inherent part of their sovereign
ty, and my opinion IS chat they never
can be justly deprived Of it without
their consent.
Justice Miller's Opinion.
TN the case Of Morgan's r. r. and
Steamship Co. VS.. Board Of Health o
the state OF louisiana, 18th IT,
Supreme Court Report. Justice Miller
in the course Of his opinion. used lane
guage implying that when the United
States establishes a general system
of quarantine for our commercial
cities, all state laws on the subfecC
will be abrOgated. at least so far as the
two are inconsistent This utterancs
was not necessary for the argument
by which that decision was sustained,
it was more or less Obiter dictum, and
until that court has, in a case ln point.
fairly and squarely declared that the
exercise Of quarantine powers by the
federal government nulhies all state
laws on the subject and renders all fu-
ture state legislation futile. I shall be-
lieVe that the construction put on Jus
tice Miller's utterance by those who
contend that the federal governments
power over quarantine. Interstate ana
maritime. is exclusive when once exc
erciesd, Is much broader chan that
eminent jurist intended
Advocates National Control
While I have, for years. been an
earnest advocate of national control
of all maritime and frontier 1uarau-
tine, I do not think the establishment
of such a quarantine requires us r0
commit ourselves 90 The doctrine thar
by establishing such a quarantine sys-
TEN the federal government divest5
the states of an power 10 defend them
selves against the Introduction Of dis
ease. Such a declaration fs in my
judgment NOT only wrong. unw-se ana
unnecessary, but it is also mischieT
Gus, because it tends Co Eratuitously
excite antagOnism To- the establish
ment Of a federal system of maritime
quarantine. During the past summer
devoted much time 90 invesfgatirs
the subject Of national maritime
quarantine, framed a bill to place our
port quarantine under control and man
agement Of the federal government.
visited Washington and consulted with
some Of the authorities there with 4
view to secure their cooperation, and
viii introduce the bin in the senate.
as soon as congress meets.
The resolution adopted by the
Chattanooga conference was accept
able 10 me in most nqrffouIare ana