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, may 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.]

gress to adopt state quarantine laws or regulations, or to recognize the power of the states to pass them. (See notes under R. S. sec. 4792, supra.) Morgan's Steamship Co. v. Louisiana Board of Health, (1886) 118 U. S. 464. See also (1892) 20 Op. Atty.-Gen. 468. -health reports

SEC. 2. [Consuls to report vessels leaving infected ports 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 Hospital 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 health 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. - This with sections 3 and 4 was directly repealed by section 9 of the Act of June 2,

1879, ch. 11, 21 Stat. L. 7, entitled "An act to prevent the introduction of contagious or infectious diseases into the United States."

Section 10 of that Act provided that "this act shall not continue in force for a longer period than four years from the date of its approval." The Act of June 2, 1879, expired therefore by limitation on June 2, 1883. In 1892 it was ruled by Attorney-General Miller that the repealed sections (2, 3, and 4) were revived by the expiration of the repealing Act by its own limitation. 20 Op. Atty.-Gen. 467. See article on STATUTES AND STATUTORY CONSTRUCTION, vol. 1, p. cxxv.

The "Marine-Hospital Service" is now known as the Public Health and MarineHospital Service," and the "supervising surgeon-general " as the "surgeon-general." See Act of July 1, 1902, ch. 1370, given under the title HOSPITALS AND ASYLUMS.

The rules and regulations authorized by this statute must be subject to the limitation of the provisions in section 5 of this Act, infra, that they do not interfere with state laws. This does not mean that nothing can be done except what is authorized by the state law, but it is competent for the federal regulations to impose additional restrictions, as, where the local laws or rules prescribe a quarantine period which is deemed too short, a longer period may be prescribed, the regulations carefully providing that the federal jurisdiction should attach upon the expiration of state action. (1892) 20 Op. Atty.Gen. 468. See also (1892) 20 Op. Atty.-Gen. 466.

SEC. 3. [Marine-hospital and customs officers to enforce quarantine laws.] That it shall be the duty of the medical officers of the Marine-Hospital Service and of customs-officers to aid in the enforcement of the national quarantine rules and regulations established under the preceding section; but no additional compensation shall be allowed said officers by reason of such services as they may be required to perform under this act, except actual and necessary traveling expenses. [20 Stat. L. 38.]

Repeal and revival of this section. - See note under section 2, supra.

"Marine-Hospital Service." See note as to change of name under section 2, supra.

SEC. 4. [Notice to officers at port of destination.] That the Surgeon-General of the Marine-Hospital Service shall, upon receipt of information of the departure of any vessel, goods, or passengers from infected places to any port in the United States, immediately notify the proper State or municipal and United States officer or officers at the threatened port of destination of the vessel, and shall prepare and transmit to the medical officers of the Marine Hospital Service, to collectors of customs, and to the State and municipal health authorities in the United States, weekly abstracts of the consular sanitary reports and other pertinent information received by him. [20 Stat. L. 38.]

Repeal and revival of this section. - See note under section 2, supra. "Marine-Hospital Service" and "supervis

ing surgeon-general." See note as to change of name under section 2, supra.

SEC. 5. [Officers of State quarantine system may act as officers of national system, when, etc. duties of officers of marine-hospital service.] That whenever, at any port of the United States, any State or municipal quarantine system may now, or may hereafter exist, the officers or agents of such system shall, upon the application of the respective State or municipal authorities, be authorized and empowered to act as officers or agents of the national quarantine system, and shall be clothed with all the powers of United States officers for quarantine purposes, but shall receive no pay or emoluments from the United States. At all other ports where, in the opinion of the Secretary of the Treasury, it shall be deemed necessary to establish quarantine, the medical officers or other agents of the Marine-Hospital Service shall perform such duties in the enforcement of the quarantine rules and regulations as may be assigned them by the SurgeonGeneral of that service under this act: Provided, That there shall be no interference in any manner with any quarantine laws or regulations as they now exist or may hereafter be adopted under State laws. [20 Stat. L. 38.]

Report to United States district attorneys by officers acting under the authority of this section, see section 1 of the Act of Aug. 1, 1888, ch. 727, given infra, p. 219.

"Marine-Hospital Service."- See note as to change of name under section 2, supra.

SEC. 6. [Repeal.] That all acts or parts of acts inconsistent with this act be, and the same are hereby, repealed. [20 Stat. L. 38.]

Joint resolution authorizing the Secretary of the Navy to place vessels and hulks at the disposal of commissioners of quarantine or other proper persons at the ports of the United States.

[Resolution No. 6 of June 14, 1879, 21 Stat. L. 50.]

[Secretary of Navy may place vessels at disposal of quarantine authorities.] That the Secretary of the Navy be, and he is hereby, authorized, in his discretion, at the request of the National Board of Health, to place gratuitously, at the disposal of the commissioners of quarantine, or the proper authorities at any of the ports of the United States, to be used by them temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required for other uses of the national government, subject to such restrictions and regulations as the said Secretary may deem necessary to impose for the preservation thereof. [21 Stat. L. 50.]

The national board of health above referred to was established by the Act of March 3, 1879, ch. 202, 20 Stat. L. 484. This Act was amended in some particulars and a disbursing agent designated by the Act of July 1. 1879. ch. 61, 21 Stat. L. 47. The duties of the board were restricted by a provision in the Sundry Civil Appropriation Act of Aug. 7, 1882, ch. 433, 22 Stat. L. 315. A provision for storing the board's records occurred in the Deficiencies Appropriation Act

of March 2, 1889, ch. 410, 25 Stat. L. 912. See for a full review of other legislation relative to this board, Dunwoody r. U. S., (1892) 143 U. S. 578. This board, after failing for a number of years to receive any appropriations, was finally abolished by section 9 of the Act of Feb. 15, 1893, ch. 114, given infra, p. 221. It is doubtful, therefore, if there is any efficacy remaining in the above resolution.

An act to authorize the removal of the quarantine station from Ship Island, Mississippi. [Act of March 5, 1888, ch. 20, 25 Stat. L. 43.]

[Removal of quarantine station at Ship Island.] That the Secretary of the Treasury is hereby authorized to cause the removal of the national quarantine station now located on Ship Island, in the Gulf of Mexico, to some other island in said Gulf, or in such pass in the Mississippi Delta as may be recommended by a board to be designated by him, and that the necessary quarantine buildings and appliances be established thereon; and that the sum of forty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated to carry out the purposes of this act. [25 Stat. L. 43.]

An act to perfect the quarantine service of the United States.

[Act of Aug. 1, 1888, ch. 727, 25 Stat. L. 355.]

[SEC. 1.] [Offenses - punishment-duty of district attorneys.] That whenever any person shall trespass upon the grounds belonging to any quarantine reservation, or whenever any person, master, pilot, or owner of a vessel entering any port of the United States, shall so enter in violation of section one of the act entitled "An act to prevent the introduction of contagious or infectious diseases into the United States," approved April twenty-ninth, eighteen hundred and seventy-eight, or in violation of the quarantine regulations framed under said act, such person, trespassing, or such master, pilot, or other person in command of a vessel shall, upon conviction thereof, pay a fine of not more than three hundred dollars, or le sentenced to imprisonment for a period of not more than thirty days, or shall be punished by both fine and imprisonment, at the discretion

of the court. And it shall be the duty of the United States attorney in the district where the misdemeanor shall have been committed to take immediate cognizance of the offense, upon report made to him by any medical officer of the Marine-Hospital Service, or by any officer of the customs service, or by any State officer acting under authority of section five of said act. [25 Stat. L. 355.]

SEC. 2. [Quarantine stations established.] That as soon after the passage of this act as practicable, the Secretary of the Treasury shall cause to be established, in addition to the quarantine established by the act approved March fifth, eighteen hundred and eighty-eight, quarantine stations, as follows: One at the mouth of the Delaware Bay; one near Cape Charles, at the entrance of the Chesapeake Bay; one on the Georgia coast; one at or near Key West; one in San Diego Harbor; one in San Francisco Harbor; and one at or near Port Townsend, at the entrance to Puget Sound; and the said quarantine stations when so established shall be conducted by the Marine-Hospital Service under regulations framed in accordance with the act of April twenty-ninth, eighteen hundred and seventy-eight. [25 Stat. L. 356.]

SEC. 3. [Makes temporary appropriation.]

The Act of March 5, 1888, above mentioned, is given supra, p. 219.

See note as to change of name of “Marine-Hospital Service," under section 1, supra.

An act to prevent the introduction of contagious diseases from one State to another and for the punishment of certain offenses.

[Act of March 27, 1890, ch. 51, 26 Stat. L. 31.]

[SEC. 1.] [Contagious diseases, measures for preventing spread of, between States.] That whenever it shall be made to appear to the satisfaction of the President that cholera, yellow-fever, small-pox, or plague exists in any State or Territory, or in the District of Columbia, and that there is danger of the spread of such disease into other States, Territories, or the District of Columbia, he is hereby authorized to cause the Secretary of the Treasury to promulgate such rules and regulations as in his judgment may be necessary to prevent the spread of such disease from one State or Territory into another, or from any State or Territory into the District of Columbia, or from the District of Columbia into any State or Territory, and to employ such inspectors and other persons as may be necessary to execute such regulations to prevent the spread of such disease. The said rules and regulations shall be prepared by the Supervising Surgeon General of the Marine Hospital service under the direction of the Secretary of the Treasury. And any person who shall willfully violate any rule or regulation so made and promulgated shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than two years, or both, in the discretion of the court. [26 Stat. L. 31.]

when they are denied the privilege of traveling from one place to another except upon conditions not enforced against any other class of people, and when this privilege is denied to Chinese persons born in the United States as well as to those born elsewhere. An injunction was granted restraining the board of health and quarantine officer from inoculating the complainant and other Chinese residents against their will; from imprisoning, restraining, or confining them within the limits of the city and county; and from otherwise interfering with the exercise of their

personal liberty freely to pass from the city and county to other parts of the same state. Wong Wai v. Williamson, (1900) 103 Fed. Rep. 1. It was later held that the injunction had not been violated when the orders and regulations were amended so as to be applicable to all persons departing for other states and territories. Wong Wai v. Williamson, (1900) 103 Fed. Rep. 384.

The Act of Feb. 15, 1893, sec. 3, infra, does not repeal or supersede the special provisions. of this statute. (1898) 22 Op. Atty.-Gen.

106.

SEC. 2. [Offenses by officers or agents.] That any officer, or person acting as an officer, or agent of the United States at any quarantine station, or other person employed to aid in preventing the spread of such disease, who shall willfully violate any of the quarantine laws of the United States, or any of the rules and regulations made and promulgated by the Secretary of the Treasury as provided for in section one of this act, or any lawful order of his superior officer or officers, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than three hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. [26 Stat. L. 32.]

SEC. 3. [Offenses by common carriers.] That when any common carrier or officer, agent, or employee of any common carrier shall willfully violate any of the quarantine laws of the United States, or the rules and regulations made and promulgated as provided for in section one of this act, such common carrier, officer, agent, or employee, shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not more than five hundred dollars, or imprisonment for not more than two years, or both, in the discretion of the court. [26 Stat. L. 32.]

An act granting additional quarantine powers and imposing additional duties upon the MarineHospital Service.

[Act of Feb. 15, 1893, ch. 114, 27 Stat. L. 449.]

[SEC. 1.] [Vessels from foreign ports not to enter in violation of this act or State health laws.] That it shall be unlawful for any merchant ship or other vessel from any foreign port or place to enter any port of the United States except in accordance with the provisions of this act and with such rules and regulations of State and municipal health authorities as may be made in pursuance of, or consistent with, this act; and any such vessel which shall enter, or attempt to enter, a port of the United States in violation thereof shall forfeit to the United States a sum, to be awarded in the discretion of the court, not exceeding five thousand dollars, which shall be a lien upon said vessel, to be recovered by proceedings in the proper district court of the United States. In all such proceedings the United States district attorney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States. [27 Stat. L. 449.]

SEC. 2. [Bill of health from consul medical officer at consulate - penalty for vessel clearing without bill of health- proceedings.] That any vessel at any foreign port clearing for any port or place in the United States shall be required to obtain from the consul, vice-consul, or other consular officer of the United States at the port of departure, or from the medical officer where such