The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-08-01
Ono Quarantine System or Many?


Ono Quarantine System or Many?
The letter printed below suggests a
question that is probably in the minds
of many persons who read OF made
quate and conflicting quarantine ar
rangements at Southern points directly
menaced by the yellow fever:
"To THE EDITOR OF The SUN-.sr: We arc
now having another object lesson Of the chaotic
condition OF quarantine law and enforcement
throughout the country.
When pestiencc Is at tho door. tho quarantine
chain Is no stronger than Its weakest link: and too
often, as we know by sad experience tho course of
the local authorities is governed more by local selfish
ness and commercial greed than BY any Just con-
alteration of the general good.
as not quarantine prominently Federal funo-
ton, Is there constitutional objection to tho as
sumption by tho United States Government OF
the entire work now performed, sometimes spieu.
didy. sometimes shamefully, by Stats authority
NEW YORK. July 81. L. 8. O.
By progressive process OF legislation
during the last twenty-five or thirty
years Congress has been asserting the
right of the Federal Government to
control the quarantine system Of this
nation, both as against foreign ports
and as between one State and another.
The process is interesting and the
progress significant. From 1890 to 1878
the sole Federal law on the subject con-
sisted Of statutes requiring the customs
officers and other officers OF the Federal
Government to resi- ect the State quaran-
tine regulations, and to conform their
actions thereto. For about eighty years
the United States Government held this
subordinate attitude toward the health
authorities of the States.
Then, by the law Of April 20, 1873,
called IAN act to prevent the introduce
ton Of contagious or infectious diseases
into the United States the Federal
Government undertook sort OF supple
mentary and cooperative function with
respect to quarantine. The Surgeon
General of the Marine Hospital Service
was charged with the execution Of the
provisions Of the new law. But the law
Of 1878 provided that "there shall be no
interference [by the United States
quarantine officersl in any manner with
any quarantine laws or regulations as
they now exist or may hereafter be
adopted under State laws.
This act was repealed the next year
IN so far as it concerned the authority
of The Surgeon-G General OF the Marine
HOSPITAL Service, and a National Board
OF Hsalth was established, which soon
fell into desuetude through the failure
Of Congress to make the necessary ap-
preparations,
But ten years later, in 1888, tho year
Of the great epidemic of yellow fever at
Jacksonville and elsewhere, Congress
established seven national quarantine
stations, on both the Atlantic and Pacific
coasts, in addition to one already exist
ing at Ship Island in the Gulf.
In March, 1890, law was passed en-
powering the President in time Of danger,
to make regulations to prevent the spread
of contagious or infectious disease from
one State or Territory into another.
These regulations were to be enforced
by United States officers exclusively,
and nothing was said in this law to pre-
vent interference with any State quaran-
tine regulations which might conflict
with the Federal operations.
Then at last came the general Federal
quarantine law Of 1893, granting addi-
tional quarantine powers, and definitely
asserting the supremacy Of the United
States Government both as to foreign
and as to interstate quarantine. The
final assertion Of supremacy is found
In this notable provision in Section 8:
when said rules and regulations have been
made. they shall be promulgated by the Secretary
Of the Treasury and enforced by tho sanitary su-
thorites Of the States and municipalities, when the
States or municipal health authorities will under
take TO execute and enforce them: but II the State
or municipal authorities shall fall refuse 10 en-
force said rules and regulations. tho President
shall execute and enforce the same and adopt such
measures as in his judgment shall be necessary 70
prevent the Introduction or spread of such diseases
and may detail appoint ocers for that purpose.
This brief survey of the progress Of
legislation answers our correspondent
Questions. Is there any doubt that the
United States Government can, If it
pleases, establish and maintain COM
plete system Of quarantine at every port
and at every point on every State frontier,
duplicating, and if necessary superse-
ding and overriding, all State establish
ments for quarantine2
And how soon will this be expedient
or necessary?
Politics in Cuba,