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Show tuaraxtixe regulations. Attorney-G knkp.al's Oifioe, Salt Lake Cut, April 23rd, 1873. &Mun Ucruhl- On yesterday I was ealled upon for a legal opinion relating io quarantine quaran-tine regulations of the Territory, which led me to examine the statutes. I find an act of the governor and legislative legisla-tive assembly of this Territory, entitled, en-titled, an Aet in relation to quaraniiuo, mo acts of the O'.h annual session, p. 10, which reads as follows: Sec. 1. Be it enacted by tha governor gov-ernor and legislative assembly of the Territory of Utah, that tho county oourts of the several counties be and arc hereby author id to locate quu-antino quu-antino grounds, and to make such quarantine regulations as they may deem proper to prevent the introduction introduc-tion of contagious diseases and the spread of the same within their jurisdictions. juris-dictions. See. 2. Any person refusing to comply com-ply with i he requirements of the county courts, or who thall wilfully or knowingly know-ingly iotroduoe auy contagious disease into any settlement shall be liable to pay a fiuo of nut loss than fifty nor more j than one thousand dollars, before any court having jurisdiction. Approved Jauuarv 14. ISST. Boforo any prosecution can bo maintained main-tained under this act th County Court must establish quarantine grounds aud mako regulation!, which regulations must not conflict with tho constitution and laws of the United Statos nor with the law-t of tho Territory, and must be reasonable. They must bo confined in their operations to contagious diseases, and to the jurisdiction of the ooun'y court whioh makes tho regulations. Tho county oourts cannot delegate tho authority to make rcgu'alions, but they may call to their aid tho wisdom of others, including physiciins, to enable en-able them to adopt such rules as will bo likely to bccuio the desired result. re-sult. In case of litigation arising out of them the oourts will so construe tho regulations as to give tbem a fair and reasonable meaning, but if the question ques-tion bo one of power, tho rule of construction con-struction is taken most strongly against tho municipality. Yours truly, I Z. Snow. |
