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HEALTH AND QUARANTINE.
R. S. 4792. State Health Laws to Be Observed by United States Officers, etc., 214.

4793. Discharge of Cargo of Vessel in Quarantine, 215.
4794. Erection of Quarantine Warehouses, 215.
4795. Deposit of Goods in Warehouses, 215.
4796. Extending Time for Entry of Vessels Subject to Quarantine, 216.
4797. Removal of Revenue Officers from Port When Contagious Disease, etc.,

216.
4798. Removal of Public Offices from Capital, 216.
4799. Adjournment of Courts, 216.

4800. Removal of Prisoners, 217. Act of April 29, 1878, ch. 66, to Prevent Introduction of Contagious or Infectious

Diseases, 217
Sec. 1. Vessels from Infected Ports Subject to State Quarantine Laws and Regu-

lations, 217
2. Consuls to Report Vessels Leaving Infected Ports - Health Reports by

Consuls Surgeon-General of Marine-Hospital Service to Execute

Act, 217 3. Marine-Hospital and Customs Officers to Enforce Quarantine Laws, 218. 4. Notice to Officers at Port of Destination, 218. 5. Officers of State Quarantine System May Act as Officers of National

System, When, etc. - Duties of Officers of Marine-Hospital Service, ,

218.

6. Repeal, 219. Resolution No. 6 of June 14, 1879, Authorizing Secretary of Navy to Place Vessels

at Disposal of Quarantine Authorities, 219. Act of March 5, 1888, ch. 20, Authorizing Removal of Quarantine Station from

Ship Island, Miss., 219.
Act of Aug. 1, 1888, ch. 727, to Perfect Quarantine Service, 219.
Séc. 1. Offenses Punishment - Duty of District Attorney's, 219.

2. Quarantine Stations Established, 220. Act of March 27, 1890, ch. 51, to Prevent Introduction of Contagious Diseases from

One State to Another, 220.
Sec. 1. Contagious Diseases, Measures for Preventing Spread of, Between States,

220.

2. Offenses by Officers or Agents, 221.

3. Offenses by Common Carriers, 221. Act of Feb. 15, 1893, ch. 114, Granting Additional Quarantine Powers and Imposing

Additional Duties on Marine-Hospital Service, 221. Sec. 1. Vessels from Foreign Ports Not to Enter in Violation of This Act or State

Health Laws, 221. 2. Bill of Health Medical Officer at Consulate Penalty for Vessel Clear

ing Without Bill of Health - Proceedings -- Ports Near Frontier, 221. 3. Quarantine Rules and Regulations, 222. 4. Duties of Marine-Hospital Service -- Consular and Sanitary Reports, 224. 5. Rules to Secure Sanitary Conditions of Vessels, etc., 224. 6. Infected Vessels, 224. 7. Immigration May Be Suspended, 225. 8. Compensation for Use of State Buildings, etc., 225. 9. National Board of Health Abolished, 225. 10. Grounds and Anchorages for Vessels - Penalty for Trespassing

Penalty for Violating Contagious Disease Regulations, 225.
11. Vessel from Foreign Port Without Bill of Health - Subject to Quaran-

tine Measures, 226.
12. Medical Officers May Administer Oaths, etc., 226.

Act of July 1, 1902, ch. 1378, to Regulate Sale of Viruses, Serums, Toxins, etc., 226.
Sec. 1. Regulation of Sale of and Interstate Traffic in Viruses, Serums, etc., 226.

2. False Labels, etc., 227.
3. Inspection, 227.
4. Board to Prescribe Regulations for Licenses, 227.
5. Enforcement of Regulations, etc., 227.
6. Interference with Officers, etc., Prohibited, 228.
7. Punishment for Violation, 228.

8. Repeal, 228. Act of June 28, 1902, ch. 1301, Prevention of Epidemics Power of President to

Use Appropriations, 228.

CROSS-REFERENCES.

Public Health and Hospital Service(formerly known as the Marine-Hospital

Service "), see HOSPITALS AND ASYLUMS. Special Conferences of National and State Health Authorities, see HOSPITALS

AND ASYLUMS. Health of Immigrants, see IMMIGRATION. In Hawaiian Islands and Porto Rico, see HAWAIIAN ISLANDS; PORTO

RICO. Preparation, Printing, and Disposal of Reports, Bulletins, etc., see PUBLIC

DOCUMENTS. Food and Drug Products, see ANIMALS; FOOD AND DRUGS. Change of Place of Meeting of Congress on Account of Sickness, etc., see CON

GRESS, vol. 2, p. 216.

Sec. 4792. [State health-laws to be observed by United States officers, etc.) The quarantines and other restraints established by the health-laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue-cutters, and by the military officers commanding in any fort or station upon the sea-coast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health-laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title shall enable any State to collect a duty of tonnage or impost without the consent of Congress. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 619. tine laws is within the province of the states,

State quarantine laws. · While, under and a state statute is valid which requires its power to regulate foreign and interstate that the vessels which are examined at the commerce, the authority of Congress to es quarantine station shall pay the compensatablish quarantine regulations, and to protect tion which the law fixes for this service. This the country as respects its commerce from compensation is not objectionable as being a contagious and infectious diseases, has never tonnage tax forbidden by the Constitution of in recent years been questioned, such power the United States; a regulation of commerce has been allowed to remain in abeyance; and exclusively within the power of Congress; or Congress, doubtless in view of the different a regulation which gives a preference to one requirements of different climates and locali port over ports of other states. Morgan's ties, and of the difficulty of framing a general Steamship Co. 1. Louisiana Board of Health, law upon the subject, has elected to permit (1886) 118 ('. S. 455. the several states to regulate the matter of But in Pecte *. Morgan, (1873) 19 Wall. protecting the public health as to themselves (U. S.) 581, it was held that a state statute seemed best." Congress has also confirmed enacting that every vessel arriving at the such power by the provisions of this section. quarantine station should pay five dollars for Bartlett v. Lockwood, (1896) 160 U. S. 361. the first hundred tons, and one and a-half See also dissenting opinion in Leisy 1. Hardin, cents for each additional ton, laid a duty on (1890) 135 U. S. 154. And see Peete 1. Mor tonnage and was invalid. The tax was levied gan, (1873) 19 Wall. (U. S.) 583.

whether any service was rendered or not. State law requiring compensation for quar See, as to the validity of state statutes imantine service. — The enactment of quaran posing taxes on immigrants, Passenger Cases,

*

*

(1849) 7 How, (U. S.) 283. See New York v. Miln, (1837) 11 Pet. (U. S.) 102.

Power of Congress. — “It may be conceded that whenever Congress shall undertake to provide for the commercial cities of the United States a general system of quarantine, or shall confide the execution of the details of such a system to a national board of health, or to local boards, as may be found expedient, all state laws on the subject will be abrogated, at least so far as the two are inconsistent. But, until this is done, the laws of the state on the subject are valid.” Morgan's Steamship Co. v. Louisiana Board of Health, (1886) 118 U. S. 464.

The Acts of Congress empowering and directing the officers of the general government to conform to, and assist in the execution of the quarantine and health laws of a state proceed upon the idea that these laws are constitutional. “ But they do not imply an

acknowledgment that a state may rightfully regulate commerce with foreign nations, or among the states; for they do not imply th"{ such laws are an exercise of that power, or enacted with a view to it. On the contrary, they are treated as quarantine and health laws, are so denominated in the Acts of Congress, and are considered as flowing from the acknowledged power of a state, to provide for the health of its citizens.

But in making these provisions, the opinion is unequivocally manifested, that Congress may control the state laws, so far as it may be necessary to control them, for the regulation of commerce.” Gibbons v. Ogden, (1824) 9 Wheat. (U. S.) 205. See Mugler v. Kansas, (1887) 123 U. S. 663.

Disinfecting imported rags. See Bartlett v. Lockwood, (1896) 160 Ü. S. 357, (1891) 130 N. Y. 340.

Sec. 4793. [Discharge of cargo of vessel in quarantine.] Whenever, by the health-laws of any State, or by the regulations made pursuant thereto, any vessel arriving within a collection-district of such State is prohibited from coming to the port of entry or delivery by law established for such district, and such health-laws require or permit the cargo of the vessel to be unladen at some other place within or near to such district, the collector, after due report to him of the whole of such cargo, may grant his warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at some other place where such health-laws permit, and upon the conditions and restrictions which shall be directed by the Secretary of the Treasury, or which such collector may, for the time, deem expedient for the security of the public revenue. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 619.

Sec. 4794. [Erection of quarantine warehouses.] There shall be purchased or erected, under the orders of the President, suitable warehouses, with wharves and inclosures, where merchandise may be unladen and deposited, from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health-laws of any State, at such convenient places therein as the safety of the public revenue and the observance of such health-laws may require. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 620. is done under the laws of any state, the fed

This section does not authorize the Presi eral officers are bound to aid in its enforcedent to establish a quarantine, but when this ment. (1829) 2 Op. Atty.-Gen. 263.

Sec. 4795. [Deposit of goods in warehouses.] Whenever the cargo of a vessel is unladen at some other place than the port of entry or delivery under the foregoing provisions, all the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the collector shall designate, there to remain under the joint custody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed without contravening such health-laws. And when such removal is allowed, the collector having charge of such articles may grant permits to the respective owners or consignees, their factors or agents, to receive all merchandise which has been entered, and the duties accruing upon which have been paid, upon the payment by them of a reasonable rate of storage;

which shall be fixed by the Secretary of the Treasury for all public warehouses and inclosures. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 619.

Sec. 4796. [Extending time for entry of vessels subject to quarantine.] The Secretary of the Treasury is authorized, whenever a conformity to such quarantines and health-laws requires it, and in respect to vessels subject thereto, to prolong the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other regulations applicable to such reports or entries. No part of the cargo of any vessel shall, however, in any case, be taken out or unladen therefrom, otherwise than is allowed by law, or according to the regulations hereinafter established. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 619.

Sec. 4797. [Removal of revenue officers from port when contagious disease, etc.] Whenever, by the prevalence of any contagious or epidemic disease in or near the place by law established as the port of entry for any collection-district, it becomes dangerous or inconvenient for the officers of the revenue employed therein to continue the discharge of their respective offices at such port, the Secretary of the Treasury, or, in his absence, the First Comptroller, may direct the removal of the officers of the revenue from such port to any other more convenient place, within, or as near as may be to, such collection-district. And at such place such officers may exercise the same powers, and shall be liable to the same duties, according to existing circumstances, as in the port or district established by law. Public notice of any such removal shall be given as soon as may be. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 620. The first comptroller of the treasury is now

Account of cost of removal of public office known as comptroller of the treasury," see by reason of sickness, etc., see R. S. sec. 1776, Act of July 31, 1894, ch. 174, sec. 4, given under title PUBLIC OFFICERS.

under title TREASUBY DEPARTMENT.

Sec. 4798. [Removal of public offices from the capital.] In case of the prevalence of a contagious or epidemic disease at the seat of Government, the President may permit and direct the removal of any or all the public offices to such other place or places as he shall deem most safe and convenient for conducting the public business. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 620.

Sec. 4799. [Adjournment of courts.] Whenever, in the opinion of the Chief Justice, or, in case of his death, or inability, of the senior associate justice of the Supreme Court, a contagious or epidemic sickness shall render it hazardous to hold the next stated session of the court at the seat of Government, the chief or such associate justice may issue his order to the marshal of the Supreme Court, directing him to adjourn the next session of the court to such other place as such justice deems convenient. The marshal shall thereupon adjourn the court, by making publication thereof in one or more public papers printed at the seat of Government from the time he shall receive such order until the time by law prescribed for commencing the session. The several circuit and district judges shall, respectively, under the same circumstances, have the same power, by the same means, to direct adjournments of the several circuit and district courts to some convenient place within their districts respectively. [R. S.] Act of Feb. 25, 1799, ch. 12, 1 Stat. L. (2): Act of March 2, 1867, ch. 156, 14 Stat. L. 433.

Sec. 4800. [Removal of prisoners.] The judge of any district court, within whose district any contagious or epidemic disease shall at any time prevail, so as, in his opinion, to endanger the lives of persons confined in the prison of such district, in pursuance of any law of the United States, inay direct the marshal to cause the persons so confined to be removed to the next adjacent prison where such disease does not prevail, there to be confined until they may safely be removed back to the place of their first confinement. Such removals shall be at the expense of the United States. [R. S.]

Act of Feb. 25, 1799, ch. 12, 1 Stat. L. 620.

An act to prevent the introduction of contagious or infectious diseases into the United States.

[Act of April 29, 1878, ch. 66, 20 Stat. L. 37.)

[Sec. 1.] [Vessels from infected ports subject to State quarantine laws and regulations.] That no vessel or vehicle coming from any foreign port or country where any contagious or infectious disease may exist, and no vessel or vehicle conveying any person or persons, merchandise or animals, affected with any infectious or contagious disease, shall enter any port of the United States or pass the boundary line between the United States and any foreign country, contrary to the quarantine laws of any one of said United States, into or through the jurisdiction of which said vessel or vehicle may pass, or to which it is destined, or except in the manner and subject to the regulations to be prescribed as hereinafter provided. [20 Stat. L. 37.] See R. S. secs. 4792–4796, supra.

gress to adopt state quarantine laws or reguPunishment for violation of this Act. lations, or to recognize the power of the states See section 1 of the Act of Aug. 1, 1888, ch. to pass them. (See notes under R. S. sec. 727, infra, p. 219.

4792, supra.) Morgan's Steamship Co. v. Adoption of state quarantine laws. This Louisiana Board of Health, (1886) 118 U. S. statute shows clearly the intention of Con 464. See also (1892) 20 Op. Atty.-Gen. 468.

Sec. 2. [Consuls to report vessels leaving infected ports --- health reports by consuls Surgeon-General of Marine-Hospital Service to execute act.] That whenever any infectious or contagious disease shall appear in any foreign port or country, and whenever any vessel shall leave any infected foreign port, or, having on board goods or passengers coming from any place or district infected with cholera or yellow fever, shall leave any foreign port, bound for any port in the United States, the consular officer, or other representative of the United States at or nearest such foreign port shall immediately give information thereof to the Supervising Surgeon-General of the Marine IIospital Service, and shall report to him the name, the date of departure, and the port of destination of such vessel; and shall also make the same report to the liealth officer of the port of destination in the United States, and the consular officers of the United States shall make weekly reports to him of the sanitary condition of the ports at which they are respectively stationed; and the said Surgeon-General of the MarineHospital Service shall, under the direction of the Secretary of the Treasury, be charged with the execution of the provisions of this act, and shall frame all needful rules and regulations for that purpose, which rules and regulations, shall be subject to the approval of the President, but such rules and regulations shall not conflict with or impair any sanitary or quarantine laws or regulations of any State or municipal authorities now existing or which may hereafter be enacted. [20 Stat. L. 38.]

Repeal and revivor of sections 2, 3, and 4. 1879, ch. 11, 21 Stat. L. 7, entitled “An act -- This with sections 3 and 4 was directly to prevent the introduction of contagious or repealed by section 9 of the Act of June 2, infectious diseases into the United States."

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