Show Mixing Federal and State Authority In view of the repeated cases of cholera in Hamburg during the cold weather which are warnings that the disease I not dead but sleeping hybernating till the warmth of spring and summer shall bring it forth to renewed activitythe subject of quarantine is one of great moment mo-ment to the people of the United States As we have previously argued this is a national question It affects not only the stales where there are ports of entry but every part of the country to which people go after landing from the ocean If the national government has legitimate jurisdiction juris-diction over immigration it must have the right to make quarantine regulations These however ought notto be so framed as to conflict with the local regulations established by any State in the Union The subcommittee of the House Committee Com-mittee on Commerce to whom was referred re-ferred the framing of a bill bearing on this subject have agreed to a measure which appears to be a legislative mistake It provides that wherever State quarantine quaran-tine regulations exist the hospital service of the Revenne Marine under the direction direc-tion of the Treasury Department shall have the power to enforce the laws and regulations of the different states That is Federal officers shall enforce and administer ad-minister State laws This seems a very discordant mixture of authority and likely to cause a great deal of trouble Another provision is that where there are no State laws regulations on quarantine quar-antine the Treasury Department acting through the Hospital Marine shall establish estab-lish them in case of necessity This is I very indsfinite aud virtually gives legislative legisla-tive authority to an executive department of the government One more extension of power in the bill is that which gives the President authority author-ity to totally suspend immigration whenever when-ever he thinks the public health requires such suspension Congress ought to give these propost tions deliberate consideration Every state under this bill can establish its own quarantine regulations and then Federal officers may step in and execute them It looks like an invention to provoke pro-voke a conflict between local and national na-tional officials If there is a necessity as appears for Federal supervision over quarantine matters there should be definite laws and a bestowal and limita tion of authority in their execution enacted en-acted by Congress and wholly Federal in their character If the state regulations existing are sufficient the state officers should administer ad-minister them If they are insufficient the appointment of Federal officers to enforce them will not make the laws and regulations any better The reported measure looks like a muddle What is done in this matter should be so clear in its provisions and so unmistakable in the authority conferred for its execution that there will be no hindrances in its enforcement and no reason for conflict between national and state officers |