The Washington herald., 1914-06-29
HEALTH LAWS.
b FRANCIS q. CAFFEY,

solicitor Q. s. Department of As1nltgs2
While the laws dealing with foods
drugs. and meats are Of chief import
ance. other laws affecting health, with
the administration Of which the Depart
ment Of Agriculture Is charged. are also
| important.
The so-caIled twenty-elkht-hour Law
prohibits the confinement in railroad cars
and boats Of animals in course OF inter-
state transit for q period longer than
twenty-eight hours without being ua-
loaded. for feed. water, and rest for
five hours, except that. upon proper writ
ten request In advance by the owner or
person in custody OF the shipment, the
period of confinement may be extended
to thirty-six hours: provided that car
riers may relieve themselves OF the duty
OF unloading by supplying ample facih-
ties for feed. water. and rest on board
their cars or boats. The intention Of
this statute is humane. but IL tends to
bring animals to slaughter markets In
more it condition.
Three acts Of Congress prohibit the
interstate shipment of live stock affected
with conta gious. infectious, or communi-
cable disease. or coming from areas
quarantined by the Secretary OF Agricul-
ture for such disease. Another act pro-
hibits importation OF neat cattle, sheep
and other ruminants, and swine which
are diseased or infected with disease or
which have been exposed to infection
within sixty days previous. A recent
act regulates the Importation and inter-
state shipment of viruses. serums, and
toxins for the treatment OF domestic
animals. Under app -opriation acts the
department Is engaged in campaigns
against hog cholera and other animal
diseases, obviously alike in the interest
OF human health and Of preventing waste.
The department is also charged with the
inspection Of dairy products intended
for export. with the inspection Of process
or renovated butter, with the sanitary
inspection Of renovated butter factories,
with the conduct of Investigations for
the determination of the nutritive value
OF foods. and, in connection with the
Forest Service, with the administration
Of national forest areas affecting the
water supplies OF certain municipalities
Much more of the department work
which is primarily directed toward in
creasing economic efficiency incidentally
affects the health Of farmers and the
wholesomeness of all kinds Of agricul-
tural products
Need for Exercise of Powers by the
Anomalous as it may seem. the validity
Of a large proportion OF Federal health
laws is predicated on the commerce
clause Of the Constitution. Yet the Su-
preme Court of the United States has
sustained them against all attacks.
Whatever may have been the original
conception of the relative functions of
the States and the Federal government
in respect Of health conservation, II can
not now be doubted that there is a very
large field in which the Federal authority
is complete and. when exercised, exclu-
sive. The fact is that the statutes al
ready enacted are but a crossing Of the
threshold OF the power which Congress
may exercise and, II the public demand
IL. doubtless will exercise.
On the other hand. there are indis-
putable limitations upon Congress. Be
yond these the Federal government can
not 30. There Is. and always will be,
large field exclusively for State legisla-
ton. II the power OF the States be not
fully exercised, then the public health,
insofar as il is dependent on govern
mental activity, will remain unprotected
On the administrative side. the Depart
ment Of Agriculture for years past has
Co-Opsrated in many ways with the
States in health matters. II is manifest
~ important that such cooperation
should continue InaI QuplCAllOn Oh SA-
fort should be avoided. that Federal and
State legislation should be supplement-
ary and consistent; and that State
statutes should be uniform.
Experience demonstrates that there Is
still much popular misconception Of the
separate domains OF Federal and State
laws In order to secure Intelligent Fed
eraI administration, and to prevent dor
mant reliance upon lack Of necessity for
State action. II can not be too strongly
emphasized or too frequently recalled
that. outside Of the territory which II
exclusively under the Jurisdiction OF the
United States. the two chief Federal laws
affecting health, which the general pub
lie knows about. are operative only upon
interstate and foreign commerce in the
articles with which those laws deal
In framing further health legislation
Congress may lawfully cover much Un-
explored ground. The inevitable Difficult
ties to be overcome under the limitations
contained in the Federal Constitution can
be obviated by complete and uniform
exercise OF their powers by the States.
Wisdom suggests that these difficulties
should be avoided in future by appro-
pirate State activity
II IS essential 10 recognize the respec-
tive fields Of Congress and the State
legislatures in measuring the possible
efficiency Of present laws and in planning
for new laws