Transcript of Record — Louisiana v. Texas

SUPREME COURT OF THE UNITED STATES.

OcTOBER TERM, 1899.

ORIGINAL No. ———

STATE OF LOUISIANA

versus

THE STATE OF TEXAS Er ALs.

BILL OF COMPLAINT.

To the Honorable the Chief Justice and the Associate Justices of

the Supreme Court of the United States:

The State of Louisiana, one of the United States of Amer-

ica, by Murphy J. Foster, Governor, brings this her bill of

complaint against the State of Texas, one of the United

States of America, and against Joseph D. Sayers, a citizen of

the State of Texas, in his capacity as Governor of the State

of Texas, and against William F. Blunt, a citizen of the

State of Texas, in his capacity as Health Officer of the State

of Texas.

And thereupon your orator complains and says:

That the City of New Orleans, one of the great commer-

cial cities of this republie, and the second export city of this

continent, containing about two hundred and seventy-five

thousand inhabitants, many of whom are largely engaged in

interstate commerce with the inhabitants of the State of

Texas, is situated within the territory of your orator; that

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said city contains nearly one-fourth of all the inhabitants of

your orator, and the assessed values of her property are more

than one-half the assessed values of the whole State, and she

contributes by taxes and licenses more than five-eighths of

your orator’s revenue. |

That two lines of railroad, the Southern Pacific and the

Texas and Pacific, run directly from the City of New Orleans

through the States of Louisiana and Texas, and into the States

and Territories of the United States and of Mexico, beyond the

State of Texas, with the inhabitants of which States and Ter.

ritories the citizens of New Orleans are also engaged in inter-

state and foreign commerce, such commerce largely following

the lines of said railroads and their many connections.

That the State of Texas, by her Revised Civil Statutes,

adopted at the regular session of the ''wenty-fourth Legisla-

ture, held in the year 1895, being Title XCII thereof, has

granted to her Governor and her Health Officer extensive

powers over the establishment and maintenance of quarantines

against infectious or contagious diseases, with authority to

make rules and regulations for the detention of vessels persons

and property coming into the State from places infected, or

deemed to be infected, with such diseases.

That Joseph D. Sayers, a citizen of the State of Texas, is

now, and has been for some time past, Governor of said State.

That William F. Blunt, a citizen of the State of Texas, is

now, and has been for some time past, the State Health Officer

of the State of Texas.

That the ports of said State, situated on the Gulf coast, are

engaged in commerce with the ports of Mexico, Central and

South America and Cuba, known to be permanently infected

with yellow fever; said commerce being largely competitive

with similar commerce coming to the port of New Orleans.

That on the Ist day of March, 1899, Joseph D. Sayers,

Governor of the State of Texas, under the provisions of the

said laws, issued his proclamation establishing quarantine on

the Gulf coast and Rio Grande border against all places, per-

sons or things coming from places infected by yellow fever,

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ete., acopy of which proclamation is hereto annexed and

made part of this bill and marked Exhibit ‘‘A.”’

That the rules and regulations established in said quaran-

tine proclamation permit trade and commerce between such

infected ports and the State of Texas, and provide for the

fumigation and reasonable detention of ships and cargoes

from infected ports.

That on or about the 31st day of August, 1899, a case of

yellow fever was officially declared to exist in the City of New

Orleans, in a part of the city several miles away from the

commercial part thereof, and from that time to this several

other sporadic cases have been reported in similar parts of

the city.

That as soon as said first case was reported the said

William F. Blunt, Health Officer of the State of Texas, claim-

ing to act under the provisions of Article 4324 of the Revised

Civil Statutes, under the pretence of establishing a quaran-

tine, placed an embargo on all interstate commerce between

the City of New Orleans and the State of Texas, absolutely

prohibiting all common carriers entering the State of Texas

from bringing into the State any freight or passengers or even

the mails of the United States, coming from the City of New

Orleans, and to enforce these orders he immediately placed,

and now maintains, armed guards, acting under the authority

of the State of Texas, on all the lines of travel from the

State of Louisiana into the State of Texas, with instructions

to enforce the embargo declared by him vi et armis, which

instructions these armed guards are carrying out to the letter ;

that about six days later he modified his order so as to per-

mit the Government of the United States to carry and deliver

the mails; and also modified his order so as to permit persons

and their baggage to enter the State of Texas, after ten days

detention at the quarantine detention-camps, established by

him, and after fumigation of their baggage; but that he now

maintains, and announces his intention to maintain indefini-

tely, his absolute prohibition of all interstate commerce be-

tween the City of New Orleans and the State of Texas; that

he has refused to permit the introduction of sulphuric acid in

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€ iron drums, unpacked hardware, machinery, and other arti-

a cles coming from localities in the City of New Orleans, far

removed from the places where the sporadic cases of fever

have occurred, and which by their nature are concededly in-

capable of conveying infection; that he had established no

system of classification or inspection of the articles of inter-

state commerce, coming from the City of New Orleans, to de-

termine whether they are, or may be, infected, or whether

; they are capable, or not, of conveying infection, no period of

detention for such articles, no place or method of disinfection

thereof; his only method being absolute and unconditional

prohibition of such interstate commerce ; that it is a notorious

fact, and well known to said Blunt, that all of the interstate

commerce between New Orleans and Texas is carried on by

railroads, and none by water communication between the port

of New Orleans and the Texas ports, and that the effect of

his orders is to destroy all such commerce, to take away the

trade of the merchants and business men of the city of New

Orleans, and to transfer that trade to rival business cities in

the State of Texas.

That while Joseph D. Sayers, Governor of the State of

Texas, has issued no formal proclamation of quarantine, as

provided by law, to-wit: Art. 4324 of the Revised Civil

Statutes, defining the rules and regulations of such quaran-

tine so declared by said Blunt, your orator charges that the

rules and regulations established by said Blunt have the full

force of law until modified or changed by the proclamation

of the Governor, and that the Governor knows all these faets

and approves and adopts the same, and permits these rules

and regulations to stand and to be exeeuted in full force and

effeet as established by said Blunt.

Now your orator recognizes the right and power of the

State of Texas and the pubhe officials thereof to take prudent

and reasonable measures to proteet the people of said State

from infection, to establish quarantine and reasonable in-

spection laws, but your orator denies that said State, or its

officials, acting under its laws, under the cover of exercising

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its police powers, ean prohibit or so burden interstate com-

meree as to make such commerce impossible.

Your orator avers that it is a recognized and acknowledged

fact by all the sanitarians and health officials of the various

States exposed to infeetion by yellow fever and by the health

officials of the United States, and by all scientific students of

infection and sanitation, that commerce can be conducted be-

tween infected and non-infeeted points, with small inconven-

ience and without any danger of infection, by classifying the

articles of commerce and by pursuing certain well-recog--

nized rules and precautions with reference to the articles and

vehicles of commerce,

That after the yellow fever outbreak of 1897 a quarantine

convention was held in Mobile, Ala., and, on the advice of

that. convention, a conference of the health officials of Vir-

ginia, South Carolina, Georgia, Florida, Alabama, Mississippi,

Missouri and the United States Marine Hospital Service met

at Atlanta, Ga., and formulated such regulations which were

adopted by the Boards of Health of all said States, and, as

subsequently revised, are now in full force and effect between

the said States; that additional experience having been

gained by the reappearance of yellow fever in the fall of

1898, a revising conference was held in the City of New Or-

leans on February 9, 1899, at which conference the Atlanta

regulations were in some respects modified, A copy of the

said regulations, original and as modified, are hereto annexed

and made part of this bill and marked Exhibit “ B.”

Your orator avers that said William F. Blunt, or his pre-

decessor in office, was Health Officer of the State of Texas at

the time these conferences were held, that he and his prede-

cessor in office refused or neglected to attend them in person

or by representative, and he has continually refused to adopt

the Atlanta regulations, or any of them, or any regulations

similar to them, and insists, as his predecessor in office in-

sisted, upon being a law to himself, and upon using no means

of dealing with yellow fever infection in the City of New Or-

leans, or elsewhere in the State of Lonisiana, real or imagi-

nary, except an absolute embargo upon interstate commerce

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to be established at his pleasure and to last as long as he

chooses to maintain it.

That in pursuance of this policy, in the year 1897, his pre-

decessor in office established a similar embargo on interstate

commerce between New Orleans and other points in Louis-

iana, supposed by him to be infected, and the State of Texas,

on the 10th day of September; and refused to remove or to

modify said embargo until the day of December, 1897,

during which period he even refused to permit railroad cars

that had been in the City of New Orleans to enter or even

pass through the State of Texas, on their way to the coun-

tries, States and Territories beyond.

That in pursuance of the same policy, in the year 1898, the

said William F. Blunt, Health Officer, and the Governor of

the State of Texas, established a similar embargo on all in-

terstate commerce between the State of Louisiana and the

State of Texas, on the 18th day of September, and refused to

remove or modify the same until the lst day of November.

That in pursuance of the same policy, the said William F.

Blunt, because a single case of yellow fever was declared in

the City of New Orleans, did on May 30, 1899, establish a

similar embargo on interstate commerce between the City of

New Orleans and the State of Texas, which he refused to

modify or to remove until June 9, 1899, and then only

under great pressure, although he was advised on Junedd.

1899, by the representatives of the health authorities of the

States of Alabama and Mississippi, of the United States

Marine Hospital Service, and of the Louisiana State Board of

Health, who had been for some days in the City of New

Orleans, making a personal inspection of her sanitary and

health conditions, that they deemed it ‘‘unnecessary and un-

wise for any State or city to quarantine against New Orleans

under present conditions.”’

Your orator avers that the State of Texas, her Governor

and her Health Officer, as shown by the rules and regulations

established by them in the proclamation aforesaid for the

quarantine on the Gulf coast, admit the truthfulness of the

claim of your orator that commerce can be carried on with in-

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fected places and ports, under reasonable rules and regula-

tions as to inspection, fumigation and detention, and admit

that there are articles of commerce incapable of conveying in-

fection, and actually permit such commerce in all articles to

be so carried on to the advantage and benefit of the com-

merce of the ports of Texas and her merchants engaged in

commerce in said ports. .

Your orator avers that the effect of the embargoes imposed

by the State of Texas upon the commerce of the City of New

Orleans with Texas is to build up and benefit the commerce

of the City of Galveston, in Texas, and the commerce of other

cities in Texas, all of which are commercial rivals of the city

of New Orleans for the large commerce of the State of Texas

and the adjoining States and Territories.

That prior to the embargoes aforesaid of the years i897

and 1898 the City of New Orleans was the greatest cotton

exporting port of the United States, and a very large portion

of the cotton grown in Texas was exported through the port

of New Orleans; for instance, for the season 1594-5 more

than 31 per cent. thereof; for the season 1895-6 more than

30 per cent. thereof; for the season 1896-7, 25 per cent.

thereof.

That as consequence of the two trade embargoes aforesaid

the percentage of the Texas cotton crop exported through

the port ot New Orleans for the season of 1897-8 was only

19 per cent.; and for the season of 1898-9 was only 15 per

cent.; and for the season of 1898-9, ending September 1,

1899, the City of Galveston handled more export cotton than

the City of New Orleans.

That the effect of said embargoes is all the more disastrous

to the commerce of your orator, and of her cities and towns,

because declared and made operative during the months of

September, October, November and the early part of Decem-

ber, the period of the greatest activity and the largest move-

ment of commerce among the States of the South, and be-

tween the State of Louisiana, the City of New Orleans and

the State of Texas.

Now your orator avers that in view of the unreasonable,

harsh, prohibitive and discriminating character of the pre-

tended quarantines, declared and maintained by the State of

Texas and her Health Officer, against the City of New Orleans

and other localities in the State of Louisiana, is nothing less

than a commercial war declared against your orator, her

ports, cities and citizens: not for the bona fide purpose of

protecting the health of the State of Texas, but for the pur-

pose of increasing the trade and commerce of the State of

Texas and of her ports, cities and citizens, to the great damage

and injury of your orator and her citizens; that such embar-

goes on interstate commerce injure and impoverish your

orator’s citizens, reduce the value of her taxable property,

diminish her revenues, retard immigration, reduce the value

of her public lands, and deprive her citizens of their rights

and privileges as citizens of the United States.

Your orator avers that the embargo upon interstate com-

merce between the City of New Orleans, in the State of

Louisiana, and the State of Texas, established by said Blunt

on or about the first day of September, 1899, and now main-

tained by him and the other officials of the State of Texas,

will be continued by them for an indefinite period, tothe great

damage and injury of your orator’s ports, commerce and

revenues, and to the commerce of her citizens and to the

rights of her citizens under the Constitution of the United

States, unless they be enjoined and restrained by order of

this Court.

Your orator avers that, from the past cond act of the State

of Texas, and of her Governors and Health Officers, your

orator is justified in averring and charging, and does aver

and charge, that it is the fixed purpose and intention of

the said State, and of her Governors aud Health Officers,

whenever in the future any case of yellow fever, or other

infectious disease, occurs in any parish, city or town within

your orator’s borders, to immediately declare, set up and

maintain an absolute prohibition of interstate commerce be-

tween said supposed infected parish, city or town, and the

State of Texas, and to keep the same in force during the

pleasure of such officials, or to make and establish discrimi-

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native rules and regulations covering quarantines on such.

interstate commerce, different from and more burdensome

than the rules and regulations concerning quarantines on

interstate commerce with other States and foreign com-

merce with countries also infected with yellow fever, or

other infectious diseases, and thereby to injure and oppress

your orator and her citizens.

Now your orator avers that the absolute prohibition against

the movement and operation of interstate commerce between

the City of New Orleans and the inhabitants thereof, and the

State of Texas and the inhabitants thereof, established by

said William F. Blunt, Health Officer of the State of Texas,

and now maintained and enforced by him, the Governor and

the other officials of the State of Texas, is in direct contra-

vention of the provisions of the Constitution of the United

States, and particularly of that clause thereof which grants to

the Congress power to regulate commerce with foreign na-

tions, among the several States, and with the Indian tribes,

and is null, void and of no effect, and the continuance there-

of ought to be restrained by the order of this honorable

Court.

Your orator further avers that the various cities, counties

and towns in the State of Texas have authority, under the

statutes aforesaid, to establish quarantines, but all such

quarantines are by statute subordinate to, subject to and

regulated by the rules and regulations prescribed by the

Governor and the State Health Officer, and that, therefore, all

such quarantines are dirigible and controllable by the Gov-

ernor and the Health Officer of Texas.

Your orator is informed and believes and so charges that

it is the intention of certain counties, cities and towns along

the lines of the railroads aforesaid, in case your Honors

should restrain the operation of the embargo established as

aforesaid by William F. Blunt, State Health Officer, to sever-

ally establish the same embargo on their own account, and to

prevent the passage of trains on said railroads carrying in-

terstate commerce fromthe City of New Orleans through

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‘them to other parts of the State of Texas and to other States,

‘and to so hinder, obstruct and delay the transportation of

said commerce along the lines of railroad running through

their limits as to render its conduct impossible; that in case

it should be considered that the public authorities of such

counties, towns and cities are not personally bound by any

order your Honors may issue in this cause, and in case they

should attempt to carry out any such illegal plan, your ora-

to reserves the right hereafter to makesuch officials parties

to this bill, so as to subject them to the control of the

Court.

To the end, therefore, that the said defendants may, if they

can show why your orator should not have the relief hereby

prayed, and may, upon their several and respective corporal

oaths, and according to the best and utmost of their several

and respective knowledge, remembrance, information and be-

lief, full, true, direct and perfect answer make to the matters

and things averred in this bill, may it please your Honors to

grant to your orator the most gracious writ of subpoena, di-

rected to the State of Texas, to Joseph D. Sayers, Governor

of the State of Texas, and to William F. Blunt, Health Offi-

cer of the State of Texas, commanding them, and each

of them, to be and appear in this Honorable Court

ona day to betherein named, and to abide the judgment of

the Court.

And after due proceedings, may it please your Honors to

adjudge and decree that neither the State of Texas, nor her

Governor, nor her Health Officer, have the right, under the

cover of an exercise of police or quarantine powers, to declare

and enforce against interstate commerce, between the State of

Louisiana, or any part thereof, and the State of Texas, an ab-

solute embargo, prohibiting the movement and conduct of

said commerce, or to make, declare and enforce against

places infected with yellow fever, or other infectious diseases,

in the State of Louisiana, discriminative quarantine rules and

regulations affecting interstate commerce between the State of

Louisiana, or any part thereof, and the State of Texas, differ-

ent from and more burdensome than the quarantine rules

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and regulations affecting interstate or foreign commerce be-

tween the State of Texas and other States and countries in-

fected with yellow fever, or other infectious diseases, and

that the embargo and prohibition upon interstate commerce

between the City of New Orleans and the State of Texas,

declared by William F, Blunt, Health Officer of the State of

Texas, on or about the Ist day of September, 1899, and now

maintained and enforced by the State of Texas, under the

guise of a quarantine against yellow fever, is contrary to the

Constitution of the United States, null, void and of no effect

and validity.

And may it please your Honors to issue a_ preliminary

writ of injunction from this Honorable Court, prohibiting,

enjoining and restraining the State of Texas, and all of her

officers and publie officials, and prohibiting, enjoining and

restraining Joseph D. Sayers, Governor of the State of

Texas, and William F. Blunt, Health Officer of the State of

‘Texas, their successors in office, and all of their subordinates,

assistants, agents and employees, from establishing, main-

taining and enforcing, or attempting to establish, maintain

and enforce, under the guise of a quarantine against yellow

fever, any embargo or absolute prohibition upon interstate

commerce between the State of Louisiana, or any part

thereof, and the State of Texas, or from establishing, main-

taining and enforcing, or attempting to establish, maintain

and enforce against interstate commerce between the State of

Louisiana, or any part thereof, and the State of Texas,

discriminative and burdensome quarantine regulations other

and different from the regulations established by such

authorities against foreign and interstate commerce between

the State of Texas and other countries and States infected

with yellow fever, or other infectious diseases, and particu-

larly enjoining, prohibiting and restraining them, and each

of them, from maintaining or enforcing, directly or indi-

rectly, the prohibitory embargo on interstate commerce es-

tablished against the City of New Orleans on or about the

first day of September, 1899, under the guise and pretence

of a quarantine regulation; and may it please your Honors

on final hearing to make said injunction perpetual.

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And your orator prays that she may be allowed her costs in

this cause expended, and that she may have all such other and

farther general and equitable relief as the nature of the case

may require.

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MILTON J. CUNNINGHAM,

Altorney General of Louisiana.

Epuar H, FARRAR,

BENJAMIN F. JONAs,

Ernest B, KRUTTSCHNITT,

E. HowarD McCaLes,

Of Counsel.

STATE OF LOUISIANA, 4

Parish of East Baton Rouge.

Personally came and appeared before me, the undersigned

authority, Murphy J. Foster, who, being duly sworn, deposes

and says that he is the Governor of the State of Louisiana,

that he has read the foregoing bill and knows the contents

thereof, and that the same is true to the best of his know!-

edge, information and belief.

walieat

MURPHY J. FOSTER.

Sworn to and subscribed before me this 12th day of October,

1899. °

T. JONES Cross,

[Seal]. Notary Public. ?

CR aet at ASAE,

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EXHIBIT “A.”

ANNEXED TO AND MADE PART OF BILL.

PROCLAMATION.

By THE GOVERNOR OF TEXAS.

Be it known, that I, Joseph D. Sayers, Governor of the State of Texas,

by authority vested in me by the laws of this State, do hereby declare

that quarantine shall be established on the Gulf Coast and Rio Grande

border on and after April 1, 1899; and it shall continue until closed by

proclamation.

Said quarantine shall apply to all vessels, persons or things coming

from places infected by yellow fever, smallpox or cholera, and all

places south of 25 degrees north latitude shall be considered infected un-

less proof to the contrary be submitted to the State Health Officer, and

special exemption be granted to said places. and persons from such

places are prohibited from entering this State within a period of ten

days.

I further declare quarantine against any person or persons infected or

liable to be infected with yellow fever, smallpox or cholera, either

within or without the State, and direct the (Juarantine Officers of the

State and Health Officers of counties and towns to establish local

quarantines around any and all such persons whenever discovered.

The Coast Quarantine Stations shali be governed by the following

rules:

RvuLE 1. Ten days must have elapsed, from the day of sailing from

an infected port, before vessels will be allowed to enter the ports of

‘Texas, except fruit vessels, and such vessels as have been given written

permits to do so.

RuLE 2. Vessels arriving outside of ‘Texas ports, with sickness on

board at the time of arrival, of either yellow fever or cholera, must not

be brought inside of the bar by pilots, but must be at once reported to

the local Quarantine Officer, who will at once report same to the State

Health Officer, and he will endeavor to have such vessel ordered to the

nearest United States Marine Hospital Service for treatment.

RULE 3. Vessels from an infected place, having had sickness and

death en route, butnone at the time of arrival, will be fumigated and

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held tive full deys after fumigation, under observation, before being re-

leased, and a longer time if considered necessary by the State Health

Officer.

Rute 4. Vessels from places actually infected will be fumigated and

held under observation five full days.

RULE 5. Vessels from places south of 25 degrees north latitude, with

clean bills of health, and having had no sickness on board, will be fu-

migated, and held three days after fumigation.

RuLE 6. Iron steamships arriving from ports south of 25 degrees

north latitude not infected, with no cargo or passengers, or laden with

such articles as can not possibly be carriers of infection, with clean bills

of health from last clearance and the clearance preceding the last, and

jn good sanitary condition at the time of arrival, may be permitted to

enter, after being fumigated, without further detention, if, in the judg-

ment of the local quarantine ofticer, it is safe to do so,

RuLK 7. Vessels wishing to engage in the fruit trade will be allowed

to do so under special restrictions and regulations governing same.

All officials, military authorities and citizens of Texas are solicited

to assist the quarantine oflicers in the execution of the above rules, and

are earnestly requested to notify the Governor of any dereliction of

duty by officers or employees, or any other facts that will give greater

efliciency to the quarantine service.

In testimony whereof I have hereunto signed my name and have

caused the seal of State to be aflixed, at the City of Austin, this first

day of March, A. [D. 1899.

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JOSEVH D. SAYERS,

[SEAL] By the Governor: Governor of ‘Texas.

The State of ‘Texas. D. Hl. TARDY,

Secretary of State.

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ing infection, such as roasted coffee, refined sugar, coal oil, creosote, acids,

beans. peas, rice, salted meats, and articles of similar character,

(d) Fruits, sound, and taken directly in good condition from clean vessels, which

have complied with all quarantine requirements. or cars and transferred at

wharves or railroad depots not infected and in good sanitary condition,

immediately to the disinfected cars or vessels for shipment.

(e) Fruit, vegetables and Western produce in barrels or boxes directly trans-

ferred as above.

(f) Freight in good sanitary condition, taken directly from clean vessels or cars

to cars or vessels at a wharf or railroad siding, not infected and in good

sanitary condition.

(g) Live stock and poultry.

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*60 Crass II.

The following articles will require only superficial disinfection—i, é., outside of

containers:

(a) All goods in original wooden or metallic packages, not broken or packed in

an infected locality, when not included in Class I, such as boots and shoes,

dry goods. leather goods, drugs and chemicals, patent medicines, oiled and

rubber clothing, sugar, canned fruits, canned vegetables, canned meats,

canned oysters, canned fish, condensed milk, stone ware, tin ware, tobacco,

cigars, snuff, wines, tonics, liquors, cheese, flour, meal, grits, wooden ware,

butter, tea, candles, soap, lard, starch, axle grease, iron roofing, saddle-

trees, raisins, matches, salted fish, molasses; rice, coffee, beans and peas in

barrels; nuts, dried fruit, pickles, vinegar, olive oil, sauces, baking pow-

der, so0da,-preserves,

Articles which from their nature and mode of packing are incapable of

receiving infection, and which sterilize the inside of the container, such ag

roasted coffee, refined sugar, molasses, coal oil, creosote, acids and articles

of a similar character, when not included in Class I.

Goods in textile material, not broken or packed in an infected locality and

kept perfectly dry. This includes coffee, grain, and spice in sacks, cured

hams in canvas, osnaburgs and other cotton goods in solid bales with close

covering.

Chemicals, patent medicines, drugs and druggists’ sundries, not put up in

an infected lovality, when enclosed in glass, wood or metal, also hardware,

when these articles are packed with sterilized excelsior.

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*6] Crass III.

Articles not in classes I and I] may be shipped after disinfection.

(a) This refers to all classes of merchandise not in classes I and II, which are

kept in stock for distribution at wholesale stores not exposed to any recog-

nized infection.

() Articles that can be kept in excelsior in crates 80 as to render the excel-

sior and contents capable of disinfection belong to this class,

(c) Methods of disinfection are treated in a separate section of these regulations.

62 Crass IV.

No bedding or household effects shall be received for shipment under any con-

ditions. ;

*63. Inspectors shall not certify to any of the above classes if not satisfied that

the articles will not convey infection.

0 ee

Regulations Governing the Repacking and Disinfection of

Goods Taken from Original Packages.

Kach establishment packing or repacking will provide a disinfecting cham-

ber under the supervision of an inspector.

The workmen, on arrival, will disinfect their hands and faces. ‘They will

then change their outer clothing for sterilized clothing and remain in the

work rooms during working bours.

The work rooms and all the premises shall be kept clean,

The outer clothing worn by the workmen during working hours shall be

disinfected daily.

The same precautions are required of the inspectors,

If the goods to be packed are taken from previously opened packages they

must be disinfected.

Work of this kind shall be done only in the wholesale districts,

Provided that this method meets with the approval of the various State

Boards of Health and State health officers where these goods are to be

shipped.

Regulations Governing Workmen in Factories,

The same regulations referring to workmen and premises of wholesale

stores shall apply to factories,

In addition, the goods manufactured, if liable to convey infection, must be

disinfected.

Regulations Governing the Disinfecting of Freight on Cars

and Steamboats.

. All freight in cars and the cars themselves, and all freight on or in boats and

such parts of the boats themselves shall in all cases be disinfected by the

United States Marine Hospital Service whenever and wherever that service

may deem the same necessary.

Regulations Governing Railroad Traffic from an Infected

Town to Points South.

A passenger train to an infectable locality shall not stop in an infected town,

nor shall the windows or doors be allowed to be open therein, and no com-

munication shall be allowed between the passengers or train crew and the

town.

Freight traflic through such a town should be without stopping.

In cases where stopping in town is absolutely necessary for freight traftic,

and also when the town is large, and the infection general, a special crew

shall take the train through the town, ‘The relay stations where these

changes are made shall be under sanitary supervision.

. Sanitary inspectors should also be stationed in town.

Regulations Governing Freight Traffic from an Infected

Town to Points South.

Empties must not stay in an infected town or be parked in an infected

locality.

Flat cars to be swept clean.

Box cars shall be made mechanically clean and dry, and sent open to the

relay station, where they are to be inspected for tramps.

Se Hcp gee PRESET NE LTE TRACOM ca ——

80. From the relay station they should be sent on under seal,

a1. All fruit cars to be disinfected,

82. Cars ehould be removed from an infected locality as"s00n"as emptied,

83, If not, they should be disinfected when they leave.

8da. If not disinfected, the cars should be sent with windows and doors open.

84), The cars must be fully inspected at the relays for tramps.

“8h, All disinfected cars must be placarded and way-bills certified to by proper

sanitary ofticers,

11

4, Regulations Govetning the Mails from an Infected Locality

to Points South,

*87. Letter mall needs nu disinfeetion except In a marked epidemic,

88, Newspapers must be disinfected,

8). Parcel mail is excluded altogether,

wi, Regulations Governing Relays of Trains from an Infected

Locality to Points South.

91. All train crews from an infected town must be changed and not be allowed

to have direct communication with certainly clean territory,

2. This should be done at a non-infected place as isolated as possible: asiding.

rather than a station, and certainly not in town,

a3. Every intn, mail agent, expressman and train butcher must make that

relay.

$4. If we know that he ix going North, not to return to points South, in this

case he is like a through passenger,

5, Pullman crew to be relayed.

%. None of the merchandise of the train butcher must pass the relay,

97. Disinfected newspapers will be excepted,

9%, No possible fomites must pass the relay to the crew bound North, and as

little communication as possible, none save such ag is necessary for the run

of the train, is allowed,

%, ‘The relay inust be under the supervision of a sanitary officer or officers

(two are generally required), whose position is one of great responsibility.

100. At these stations a very careful search for tramps must be instituted.

191. The camps for the north and south crews should be at a considerable dis-

tance from each - other.

102. ‘The run of trains should be arranged so as to have the crews in camp as

little as possible.

103. kor passenger trains there need be no delay.

104. For freight trains generally there must be and their crews must go in

cap.

105. Oceasions may arise where it is necessary to guard the southern relay camp

by a number of guards, as if it were a camp of detention.

106, It must never be allowed to become infected.

107. If it does the camp must be moved.

10s, Regulations Governing Railroad Traffic from an Infected

Town to Points North.

109. Through traflic--i. ¢.. to points incapable of receiving yellow fever infece

tion, to be designated hereafter as *‘points North.”

110, Freight in sealed cars can go without hindrance to destination.

Bee

12

111. Regulations Governing the [ails to Points North,

112, Through mail not distributed South needs no restrictions, except disinfec-

tion of bags.

113. Regulations Governing Passenger Traffic to Points North.

114. Passenger Traftic to points North can be allowed by preventing all chance

of such passengers conveying infection em ronfe, either by themselves leay-

ing the train ex route or by returning to points South, or by fomites, mainly

their clothing.

115. This traftic should be on special cars reserved for these passengers, and

preferably on a special train.

116, A Sanitary Inspector must accompany them through the quarantine terri-

tory, under whose absolute sanitary charge the train is.

117, The coaches which carry these passengers must be disinfected before the

return South.

118. Laundry of Pullman cars must not be done in an infected place.

119. Regulations Governing Duties of Inspectors.

120. Train inspectors must be properly relayed.

121. Those running from the infected town should be immune.

122. If they sleep in clean territory they mus¢ be immune.

*123. Regulations Governing Steamboat Communicaticns,

They may be carried on—

124. By supervision of the landing of freight and loading of the same, so as to

prevent communication between the people ashore and the boat.

125. Regulations Governing Yellow Fever Localities.

*126. Localities infected with yellow fever, and localities contiguous thereto,

may be depopulated as rapidly as possible, so far as the same can be safely

done.

*127. Persons from non-infected localities, and who have not been exposed to

infection, being allowed to leave without detention, and on leaving such

place shall be provided with health certificate of the following form by the

legally constituted health authorities of the place:

OFFICE OF BoAakD OF —

siti ;

MEN MIDI 2 cic ecicte seakenivces ay aracuccuaisecentuvcave

To WHOM IT MAY CONCERN:

This is to certify that Mr... ........ has given satisfactory evidence to me that

he has been in ............ not less than ten days, and, to the best of my knowledge

and belief, he has not been exposed to the infection of Yellow Fever, and has

not been in any infected or suspected locality for ten days.

Description: Age, ............ years. Weight, ........... pounds. Height, ............

Complexion, ............ Hair. .......... REY, scscnssssess

Health Officer.

Signature: ...........

128. When deemed necessary aftidavit shall be required by the Health Officer.

129. The certificate shall be issued witbout fee.

-—

130.

13

Regulations Governing Measures To Be Taken in a Town

or Locality Which May Not Require Quarantine,

*131, If the Inspection of a town in which yellow fever exists show all foci of

132.

137.

138.

139.

140.

141.

142.

143.

144,

infection, possible fomites and persons liable to develop the disease are

under observation, the town should not be quarantined.

When practicable, the patient shall be removed to hospital, or other quar-

ters little lisble to infection, and so situated as to involve a minimum of

danger, if affected.

. If the patient can not be removed, all possible precautions must be taken to

prevent contamination of his premises.

. Those certainly immune to yellow fever may be given free pratique after

disinfection of effects.

. Non-immunes may be permitted to go to places incapable of infection, to

remain there during the period of incubation, requiring disinfection of

baggage, unlesa certain that they wil] remain in such territory.

Non-immunes not going to such places shall, if practicable, be isolated

under observatior in non-infected quarters, so situated that if fever

develop among the... there shall! be as littie danger as possible of convey-

ing infection; their effects being disinfected upon isolation.

Such persons as are isolated under observation on account of exposure to

yellow fever sball be isolated for a period of not less than ten days from

the last possible time of exposure to infection. They shall be inspected—

twice daily is advised.

Premises occupied or having been occupied by a case sick with yellow fever

shall be treated as infected and be under sanitary control.

Such neighboring premises as are close enough for their inmates to receive

infection from the above shall also, with their inmates, be under sanitary

control,

These preinises shall be strictly guarded and no communication allowed

with those outside except under such rules and supervision as will prevent

tbe conveyance of the disease.

All possible precautions shail be taken to prevent exposure of the guards

and other att+ ndants to infection.

If possible, they shall be immune.

They shall] be under proper supervision.

On the recovery, removal or death of a case of yellow fever the premises

_ Shall be immediately disinfected.

145.

146.

147.

148.

149.

Such neighboring premises as from proximity are presumably infected are

also to be disinfected.

Coincident'y with the foregoing measures a house-to-house inspection

should be made of the whole community, to determine whether other cases

exfst.

In the case of the death of a patient the body shall be disposed of under

such sanitary precautions as will prevent the conveyance of infection.

Regulations Governing Measures To Be Taken When a

Town or Locality Requires To Be Quarantined.

If the inspection of a town in which yellow fever exists does not show that

all foci of infection, possible fomites and persons liable to develop the

—

disease, are under observation (‘tin quarantine’’) or if cases occur which

can not be traced to any known focus, such town shall be subject to

quarantine.

150. Those who have been exposed or who come from infected localities sha}]

be required to underge, in the camp of probation, or other designated

place, a period of detention and observation of ten days from date of last

exposure, before being permitted to proceed to a locality capable of being

infected, their clothing and otber effects capable of conveying infection

being disinfected upon entrance to place of detention.

151. For persons known to be immune to yellow fever detention is not required,

merely the disinfection of their baggage and clothing.

*152. The evidence of immunity shall be satisfactory to the health oflicer of the

place to which he is bound.

153. Persons who have been exposed may be permitted to proceed, under proper

sanitary supervision while passing through infected territory, without

detention, to localities incapable of being infected, and whose authorities

are willing to receive them, to remain their ten days.

154. The baggage of such persons shall be disinfected unless it is certain they

will not return into infectable territory.

155. This exemption from disinfection shall not apply to baggage from an

infected house for any point. or to baggage to points which object to

receiving it undisinfected.

156. Norre.—On account of the extreme difticulty of the health officer determin-

ing the ultimate destination of passengers bound for Atlanta, Charlotte,

Nashville and similiar distributing points for passengers south, the baggage

of such passengers should be disinfected.

157. An adjacent town which is in direct communication with an infected

town must be considered as being neutral territory, and therefore under

quarantine.

148. Also such territory as from its proximity or relations to an infected town

can not be pronounced certainly clean,

14

159. Regulations Governing Methods of Disinfection.

160. The following methods of disinfection are considered eflicient for Yellow

Fever:

161. Apartments or dwellings infected with vellow fever to be disinfected by

one or more of the following methods:

(a) By a thorough washing of all surfaces of apartments with an efticient

germicidal solution.

(6) By sulphur dioxide for twenty-four hours’ exposure, four pounds of

sulphur for each 1000 cubic feet, plus due allowance made for waste.

(c) By formaldehyde gas. in not less than a4 per cent. volume strength,

and not less than six hours’ exposure.

162, Norr.—One litre of 40’ per cent. solution of formaldehyde gas will invelve

about 170 litres (50.1 cubic feet) of gas at 20 deg. (. (68 deg. F.).

163. Grounds, outbuildings, etc., deemed to be infected to be disinfected with a

strong solution of crude carbolic acid (carbolic acid, crude, two parts;

sulphuric acid, one part; water, twenty-five parts) or an acid solution of

bichloride of mercury (1-500); disinfection of ground preferably by fire.

164. Bedding, wearing apparel, carpets. upholstered furniture and the like to

be disinfected by one or more of the following methods:

INET Se AIPORT LIE STEER ISS RENEE |

165.

166.

167,

168.

169.

170.

171.

172.

—

or

(a) By steam at a temperature of 100 to 102 deg. C., 30 minutes’ exposure,

(b) By boiling, all parts of the article to be submerged.

(c) By saturation in an efficient germicidal soiution,

(d) By thoroughly wetting the surface of the article with a 40 per cent. aque-

ous solution of formaldehyde, and placing them ina closed ace for not

less than twelve hours.

(e) Where surface disinfection is required formaldehyde gas of not less than

ad per cent. volume gtrength and not less than six hours’ exposure, or by

sulphur dioxide for not less than twenty-four hours.

The dejecta from cases of yellow fever to be disinfected by an eflicient

germicidal solution.

Mails to be disinfected by one of the followmg methods:

(a) By formaldehyde,

(6) By sulphur dioxide.

(c) By steam.

Newspapers must be made up in such packages as shall be penetrable to

the disinfectant used,

Articles iujured by steam, such as rubber, leather and container, to which

disinfection by steam is inapplicable, to be disinfected :

(a) By thoroughly wetting all surfaces with an efficient germicidal solution.

the articles being allowed to dry.

(6) By exposure to sulphur dioxide.

(c) By exposure to formaldehyde gas.

The application of gaseous disinfection to these articles should be made in

a closed space, air-tight, or as nearly so as possibie.

The following are considered eflicient germicidal solutions :

(1) Bichloride of mercury, acid, i-1000.

(2) Carbolie acid, pure, 5 per cent, solution.

(3) 'Trikesol, 2 per cent. solution.

(4) Solution of formaidehyde, 1-500 (which is 2 parts of a 40 per cent. solu-

tion of formaldehyde to 25 parts of water).

(5) Solutions of hypochlorate of calcium (chloride of lime).

Other Resolutions.

Resolved, Vhat this convention approves the plan of having medical inspect-

ors attached to those consulates where yellow fever and cholera are epidemic,

with a view of securing for ovr protection definite information as to the

exact sanitary condition, and the presence or absence of contagious diseases

in such consular district. And that Congress be urged to make the neces-

sary appropriation to carry the plan into effect.

. Resolved, That this convention is of the opinion that it is a duty devolving

on all nations to take measures to eradicate any plague centre from th’

territory, and that the existence of such plague centres is a menace to

other nations, and that our State Department be requested to take measures

through proper diplomatic channels for the conveyance of this opinion to

the governments deemed obnoxious to the opinion as herein expressed.

*174. No locality shall be quarantined on cases of contagious disease reported

as suspicious or doubtful or disputed, provided the cases are properly

isolated. the premises disinfected, the inmates and suspects thoroughly dis-

infected, and both inmates and suspects kept under proper observation by

the local health authorities, all under the supervision and control of the

State Board of Health, State Health Officer or United States Marine

ORT S R E

Hospital Service, and such suspected case or cases shall be reported to the ~

Health Officers or Boards of Health of adjacent States, and they be invited

to send representatives to view said case or cases.

This resolution also to apply to sanitariums, hospitals and barracks.

The same to apply to the firct case or cases of positive or genuine yellow

fever.

*175. That all municipal corporate communities which are exposed to yellow

fever infection in the South Atlantic and Gulf States provide isolation

quarters for persons who may become infected, or who may have been

exposed to infection.

*176. That the foregoing amendments be adopted as a whole, including all of the

old Atlanta Regulations whjch have not beeu amended or stricken out.

177. Resolved, That a copy of these proceedings be sent to the governors of the

States of Virginia, North Carolina, South Carolina, Georgia, Florida, Ala-

bama, Mississippi, Louisiana, Texas, Tennessee, and Arkansas, with a request

that they communicate the same to the different Health Officials of their

respective States.

178. Resolved, That the Health Officials, State, county, and municipal, of the

above States be requested to adopt the regulations of the Atlanta conven-

tion as a basis of their quarantine proceedings.

179. Resolved, That a copy of the regulations of this convention be forwarded to

each member of Congress.

180a. Resolved, That the chair appoint a committee of three on publication.

1804. The Chair appointed Dr. Edmond Souchon, of New Orleans, La., Chair-

man; Dr. Rhett Goode, of Mobile, Ala.; Dr. J. F. Alexander. of Atlanta,

Ga.

Chairmanfof Committee on Publication:

EDMOND SOUCHON, M. D..,

President Louisiana State Board of Health.

APPENDIX.

The regulations governing Disinfection and Detention Stations or Camps,

and Governing Freight, had been previously adopted and recommended, about

as printed above, by a Conference between representatives of Southern Boards of

Health, Railroad and Steamboat officials.

The Conference had been called by Dr. Edmond Souchon, President of the

State Board of Health of Louisiana; it was held in the city of New Orleans, on

April 8, 1898.

There were present at the Conference—For Louisiana: Dr. Edmond Souchon,

President of the State Board; Dr. John J. Castellanos, of said Board; Dr. C. P

Wilkinson, of New Orleans Quarantine Station.—For Mississippi: Dr. S. R.

Dunn, Dr. H. H. Haralson, Dr. Fokes, of Biloxi: Dr. Bailey, of Ocean Springs.—

For Alabama: Dr. W. H. Sanders, State Health Officer._-For South Carolina:

Dr. H. B. Horlbeck, of Charleston.—For the United States Marine Hospital Ser-

vice: Dr. H. R. Carter.—For the Railroads. Messrs. Owen, Ven Vieck, and

Fay, of the Southern Pacific; Messrs. Harvey and Curren, of tbe New Orleans

& Northeastern; Mr. O. M. Dunn, of the Illinois Central; Mr. Charles Marshall,

of the Louisville & Nashville, and Mr. N. S. Hoskins, of the Car Service Associ-

ation.—For the Steamboats: Capt. Charles P. Truslow, President of the Steam-

boat Owners’ Exchange; Capt. J. B. Woods and Capt. George H. Lord.

*18la. The diagram following is taken from Mississippi Regulations:

ATLANTA CONVENTION

OF THE

SOUTH ATLANTIC AND GULF STATES.

Uniform Regulations for the Management

of Yellow Fever Epidemics.

UNANIMOUSLY ADOPTED AND RECOMMENDED TO THE PEOPLE,

APRIL 12TH, 1808.

REVISED AT A CONFERENCE HELD IN THE CITY OF

NEW ORLEANS ON FEBRUARY 9, 1899,

NEW ORLEANS

L. Gr*ham & Son, Ltd., Printers, 207-211 Baronne St

1699

ai

CONTENTS.

Page.

Resolutions of the Mobile Convention of February 9, 189800000000. OB

Roll call of Atlanta Convention of April 12,1898) 0 iii) outta aa

Report of Organization Committee 000000... shntnascesoste sestunejubielsecsaiele Mane

Appointment of Committeé on Plans and Regulations .. 6

Introduction of Regulations by Dr. Edmond Souchon. ‘Dr. H. R. Carter, Dr.

oe tee ET aE RT eS ip rere ied abit. gperitebdinsigekabecgliaea ee

Revising Conference in New Orleans, February 9, 1899.

Regulations for the Government of Disinfecting and Detention Stations and

Camps during the existence of yellow fever in any point within the

borders of the Southern States... 0000000... ssdesisetoduite ssedicxtanitemenienei aed 7

General Principles. . ; xiothuceien s Far atau caso eaeRRee

Regulations applying to Persons, Clothing and ‘Baggage. v1. panoplibevbiaatarons iiep ole a

Regulations governing Freight-—Classes of Freight 00000 ee 8

Regulations governing the Repacking and Disinfecting of Goods taken trom

Original Packages ao sabiscahasbalomisetenceroedaiatie

Regulations governing Workmen in Pactertoe iewiebes 10

Regulations governing the Disinfecting of Freight on Cars and Steamboate... 10

Regulations governing Railroad ‘Traffic from an Infected Town to Pointe

SOUR 5.c0ccscciceses >

Regulations governing Freight Traffic from an Infected ‘Town to “Points

South ... ;

Regulations governing the Mails from an Infected Locality to Points South... 11

Regulations governing Relays of ‘I'rains from an Infected Locality to Points

SOR BNIN sczsopasecsssssgatonotusvucs vvsi chats etasusanepaze>cavazea tap sarventaee>rcatinueds MaalpmaEey eitccbeney eaerisen aa aial 11

Regulations governing Railroad Traflic from Infected Town to Points

DR PINID oss ccisca-ccsds sets paatportnsesviseassscu omstsb;canapcibavags sees inid aiosierian cede sata rab slags bao 11

Regulations governing the Mails to Points North........ das venasechs spbesicasias Alvear

Regulations governing Passenger Traffic to Points North. bnacSxepeteth ovo hexioad assaoi oet 12

Regulations governing Duties of Inspectors of Trains 0000. 12

Regulations governing Steamboat Communications .............. 12

Regulations governing Yellow Fever Localities... 00. 12

Regulations governing Measures to be taken in a Town or Locality which may

not require Quarantine ............... 13

Regulations governing Measures to be taken when a Town or Locality re-

quires to be Quarantined ...

pai ceancueys seston oki aaneteettina eae 13

Regulations governing Methods. of Disinfection sintasis 14

a aera i gct ea eis Oe dee PB eRe tov hore War RN ERER 7 eee eae ‘a

Resolution concerning Medical Inspectors to Consulates where Yellow Fever

BN GCM URN 5 case cas inpbcxsSe ce <asssketondsreaeeis sk Tessnanee ciget races tntcey ak mee eqs vain oe aver a aaa ae 15

Resolution concerning Duty of Nations to eradics ate disease eanesecon aaidcanpiaepn a oan

1i

Resolution not Quarantining First Cases ............. 15

Resolution Providing Isolation Quarters... 00006 occ cccsessesseeseeesceeeseene sneneee 16

Resolution that « copy of these Regulations be sent to the Health Officials of

GRAD Om Te asso deren a cisctoee eset toovesd pccis acevo decd eeeenes were 16

Resolutions requesting Health Officials to adopt these Regulations.....0............ 16

Resolution requesting that a copy of these Regulations be sent to Congressmen 16

Resolution appointing a Committee on Publication......... pass cisteischepevioee eee naeen

Appendix, New Orleans Conference of April 8, 1898.0... 00... oe caives see

Diagram for Handling an Infected Terminal of a Railroad hacescas a

General Principles on Quarantine by Dr. H. R. Carter.

*

~

11.

12.

13.

14,

ATLANTA CONVENTION

OF THE

SOUTH ATLANTIC AND GULF STATES.

. This convention was called in pursuance of the following resolution,

adopted by the Quarantine Convention of the South Atlantic and Gulf

States, held at Mobile, Ala., February 9, 1898.

. To Establish Uniformity of Quarantine Rules and Regula-

tions in Certain States.

. Resolved, That it is the sense of this Conventionof the States bordering on

the South Atlantic and Gulf Coast, viz.: Virginia, North Carolina, South

Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, that

they should, as soon as practicable, meet in conference and prepare a Code

of Rules and Regulations for the purpose of controlling and preventing the

spread of Yellow Fever and other Contagious and Infectious Diseases; said

rules and regulations to be uniformly accepted and honored by the several

Health Boards of the States mentioned; and further to adopt a system of ,

pratique and health certificates to be used in times of epidemic, to be like-

wise honored by the several Health Boards of the States named.

. The convention was called to order at 10 o'clock Tuesday morning in the

ballroom of the Kimball House, by Mayor Coilier. Rev. Dr. Landrum

opened with prayer, Owing to the non-arrival of many delegates, the ses-

sion adjourned until noon, after the appointment of a credential committee

and a committee on permanent organization.

. The report of the credential committee was received at the noon session,

allowing all health and sanitary officers present, representing States, to vote,

and allowing each State five votes.

- On roll call the States of Virginia, South Carolina, Georgia, Florida, Ala-

bama, Mississippi and Louisiana were found to be represented.

. The following delegates were present:

. Virginia—Dr. E. A. Waugh, Lynchburg: Dr. J. Jett McCormick, Norfolk.

» South Carolina—Dr. H. B. Horlbeck, Charleston.

- Georgia—Hon. C. A. Collier, Atlanta; Dr. J. F. Alexander, Atlanta: Dr. (.

F. Benson, Atlanta; Dr. James B. Baird, Atlanta; Dr. Louis H. Jones.

Atlanta; Dr. DeSaussure Ford, Augusta; Dr. T. C. Ticknor, Columbus; Dr.

R. B. Barron. Macon; Hon. P. W. Meldrim, Savannah; Dr. Ed Brobston,

Brunswick.

Florida—Dr. J. L. Horsey, Fernandina; Dr. R. L. Harris, Orlando.

Alabama—Dr. Rhett Goode, Dr. Glenn Andrews, Montgomery: Dr. J. W.

Barclay, Birmingham; Dr. R. D. Murray, Mobile; Dr. Edward A. Neil,

Selma. .

Mississippi—Dr. H. H, Haralson, Biloxi; Dr. C. M. Murray, Ripley.

Louisiana—Dr. Edmond Souchon, New Orleans; Dr. C. P. Wilkinson.’ New

Orleans; Dr. Quitman Kohnke, New Orleans; Dr. J. J. Scott. Shreveport;

Dr. H. R. Carter, New Orleans.

15.

16.

17.

18.

19

20.

21.

*22.

6

Missouri—Dr. Sam Ayres, Kansas City.

United States Marine Hospital Service—Dr. H. R. Carter, Dr. R. D, Murray,

Railroads—Joseph M. Brown, Atlanta, Nashville, Chattanooga & St. Louis

Railroad and Western & Atlantic; J. C. Smith, Atlanta & West Point,

Atlanta; J. A. Sullivan, Kansas City, Memphis & Birmingham; D. p.

Curran, New Orleans & Northeastern Railroad; J. 8. B. Thompson,

Southern Railway, Atlanta; Dr. Samuel Ayres, Kansas City, Pittsburg &

Gulf Railroad.

The organization committee reported the following officers, who were unani-

mously elected: President, Dr. H. B. Horlbeck, Charleston, 8. C.; vice

presidents, Dr. KE. A. Waugh, Virginia; Dr. DeSaussure Ford, Georgia; Dr,

R. L. Harris, Florida; Dr. Rhett Goode, Alabama; Dr. Murry, Mississippi;

Dr. J. J. Scott, Loulsiana; secretary, Mr. J. F. Weissinger, Atlanta.

President Horlbeck took the chair and appointed the following Committee

on Plana and Resoluiions: Dr. Souchon, Louisiana, chairman; Dr. Waugh,

Virginia; Dr, Alexander, Georgia; Dr. Horsey, Florida; Dr. Goode, Ala-

bama, and Dr. Haralson, Mississippi.

Resolutions relative to the regulation of quarantine were then introduced by

Dr. Souchon, by Dr. Carter, the representative of the United States Marine

Hospital Service, and by Dr. Wilkinson. All the resolutions were referred

to the Committee on Plans and Resolutions, with which Dr. Wilkinson and

Dr. Carter were invited to sit.

The Convention then adjourned until 4 o'clock in the afternoon to await the

report of the resolutions committee, which went into session at once to agree

on a composite report from the resolutions introduced.

Revising Conference in New Orleans,

"23a. On February 9, 1899, a Conference of representatives of the Gulf States was

held in the city of New Orleans for the purpose of revising the Atlanta

Regulations, in the light of the experience of the last year,

*23b. Dr. H. R. Carter, of the United States Marine Hospital Service, suggested

*3c.

“24.

*26.

*2

i

*27.

*28.

or accepted and recommended the proposed changes, which, after adoption

by the New Orleans Conference, makes the Atlanta Regulations now read as

below:

Each amended paragraph is marked by a star.

Those present were:

Texas.—Houston Board of Health—Dr. J. W. Scott, president; Dr. J. Lav-

endoce, Dr. R. 'T. Morris. Dr. W. M. Brumby, Dr. Hiram A. Wood. Galves-

ton Board of Health—Dr. J. F. Y. Paine, Dr. J. D. Skinner. South ‘Texas

Medical Association—Dr. B. F. Smart, Dr. J. R. Stuart, Houston; Dr. R. H.

Harrison, Columbus; Dr. Frank B. King, Dr. O, L. Norsworthy.

. Mississippi.—Waveland Board of Health—John A. Rawlins, Peter Helwege,

L. H. Fairchild, R. Attaway, John J. Barr, Jules Mazerat, Pass Christian

Board of Health—Jas. H. Maury. L. C. Fallon, C. A. Pardue, O. L. Putnam.

Wm. T. Hardie. Bay St. Louis Board of Health—Aug. Keller, secretary,

Alabama,—Mobile Board of Health—Dr. Rhett Goode, city health officer,

Mobile Chamber of Commerce—A. 8. Benn, president; E. E. England, sec-

retary; H. Pillows, C. J. Clarke.

Louisiana.—State Board of Health—President, Edmond Souchon, M. D.;

secretary, G. Farrar Patton; Dr. R. L. Randolph and Dr. C. A. Gaudet,

New Orleans Board of Health—President Quitman Kohnke, M.D. New

-

7

Orleans Board of 'Trade—Jos. Kohn, Gus Lehman, Sr. New Orleans Fruit

and Produce Exchange—Charles Roth. Bureau of Freight and ‘Transporta-

tion—Ben, H. Helin. New Orleans Steamboat Exchange—Chas. P. Truslow,

Geo. H. Lord. New Iberia Board of Health—I’resident A. Duperrier, M. D.

St. Mary Parish Board of Health—President C. M. Smith, M, D.; Dr, D. N,

Foster. The Railroads—Superintendent W. F. Owen, Southern Pacific.

New Orleans—J. G. Kostmayer, Dr. G. Devron, 1. W. Ashner.

#20. Mexico.—Vera Cruz—Dr. J. J. Busroughs.,

*30. Marine Hospital Service.—Dr. Jas. A. White, Dr, Jas. A. Nydegger.

*31la. Dr. J. W. Scott, of Houston, ‘lex., was elected president. A committee on

publications was appointed by the president, consisting of Dr. Souchon, Dr.

White, Mr. Kohn and Dr. Wood,

310. All the amendments were unanimously adopted and recommended to the

people.

$2. REGULATIONS FOR THE GOVERNMENT OF DISINFECTION

AND DETENTION STATIONS OR CAMPS DURING THE EX-

ISTENCE OF YELLOW FEVER AT ANY POINT WITHIN

OUR BORDERS.

33. General Principles,

34. The regulations are somewhat numerous and exacting, but it is by the strict

observance of like regulations that the art of Surgery has accomplished its

wonders,

35. In case yellow fever should occur at any point of the Southern States, the —

most effective method to prevent shotgun quarantines and their disastrous

effects upon Commerce is to establish Disinfecting and Detention Stations or

Camps on the lines of travel by rail or boat.

36. It is by practical actions that the people will be reassured and not by agree-

ments and persuasion based on words, assurances or legislation. To show

the people that all possible care is effectually taken to prevent yellow fever

from reaching them is the best and only argument they should yield to.

37. Parties coming from localities infected by yellow fever should not be allowed

to enter quarantine localities capable of being infected by yellow fever,

unless they have had their persons. clothing, baggage, etc., disinfected as

needed, and unless they bave remained at the station ten days after such

thorough disinfection, and places holding communication with localities

under insufficient restrictions may themselves be beld in quarantine.

38. The Stations or Camps will be erected by the United States Marine Hos-

pital Service.

39, They will’be operated by the United States Marine Hospital Service.

40. The Marine Hospital Service will also be requested at an immediate date to

prepare at least four disinfecting plants, including four cylinders for fur-

nishing steam disinfection.

4). Medical Inspectors from interested States and localities will be admitted to

the Stations to witness that the regulations are thoroughly complied with.

42. Regulations Applying to Persons, Clothing and Baggage.

*43. Persons arriving at the Disinfecting Stations will have their clothing and

effects disinfected.

8

44. The clothes and baggage will be disinfected by moist steam under pressure,

45. All articles requiring to be subjected to moist steam rhall remain in the

steam chamber at a continuous temperature of 212 to 220 degrees Fahren-

heit for thirty minutes.

*46. Articles not amenable to this treatment shall be disinfected as hereinafter

provided.

47. The persons will then be placed in the Department of the Disinfected.

48. They shall be inspected daily.

49. Upon the appearance of any tendency or symptoms whatever of yellow

fever, they shall at once be placed in a suitable isolated locality.

50. If they develop a case, they shall be placed in the hospital of the Station.

51. The persons will remain at the Station ten days.

52. Persons thus detained will be given a certificate to the effect that disinfec-

tion has been practised and detention of ten days enforced, signed by the

Resident Ofticer of the United States Marine Hospital Service.

53. Well authenticated immunes will not be detained, but will be disinfected.

54. Then the person should be received everywhere and by everybody as being

incapable of conveying infection.

55. Regulations Governing Freight.

56. Articles should not be shipped from dwellings, nor from places continguous

to dwellings, without being disinfected.

*57. All articles shall be new, clean and dry.

*58a. SPECIAL CONDITIONS OF INFECTION.

*58b. (a) When fever exists in a sporadic form.

Merchandise under the above conditions can be shipped.

(6) When fever is more than sporadic, but not general.

Merchandise of the above character may be shipped from the wholesale dis-

trict of a city, except such as from its liability to infection would be espe-

cially apt to conserve it, such as fruit, vegetables in open crates, straw, saw-

dust, excelsior and similar articles used for packing.

These articles can be shipped only if they have been preserved from possible

exposure to infection or have been disinfected.

*59. CLAss I,

The following articles should be admitted without disinfection or restrictions of

any sort:

(a) All new and dry material, unpacked, such as lumber, machinery, brick, til-

ing, bar and sheet iron, tin, steel, agricultural implements —no part of which

is textile; iron ties, stoves, saddlery, not uphol-tered; rubber belting, rub-

ber hose, linoleum, wagons, new trunks, hardware without packing, lime,

ice and salt in bulk, turpentine, rosin, stone, gravel, coal, coke, cement,

grain in carloads, cooperage, oysters and fish packed in ice, and other

articles packed in ice properly refrigerated.

(6) Original packages in clean and smooth wooden or metallic containers not

’ broken or packed in an infected locality.

(c) Articles in such containers, put up and handled exclusively in the wholesale

district, which from their nature or mode of packing are incapable of carry-

i OE RS ee al

19

*181b. Letter from Dr. H, R. Carter, Surgeon United States

: Marine Hospital Service.

MARINE HOSPITAL SERVICE,

NEW ORLEANS, LA., January 24, 1889.

Dr. Edmond Souchon, President Louisiana Board of Health, New Orleans, La.:

Drak Doctor—Ii am very sorry that I will not be able to attend the Con-

ference on February 9, as I am called off and leave to-day.

Enclosed please find a little paper I kad hoped to present of ‘* General Prin-

ciples,’’? on which quarantine measures, I think, ought to depend, and in propor-

tion os they are founded on these principles they have, in my experience, been

efficient and non-obstructive.

I think they will be found to have a bearing on the work which the Conven-

tion is likely to consider, and thus have more than theoretical interest.

If you think it will be of any service to the Convention, I beg that you will

have it presented as written, either by the representative of the service, if he

desire it, or yourself.

OFFICE OF MEDICAL OFFICER IN xen}

Very sincerely yours,

H. R. CARTER, Surgeon M. H.S.

182. GENERAL PRINCIPLES.

183. A. Purpose of Quarantine.

(a) The purpose of quarantine restrictions is to prevent the introduction of

infectious or contagious diseases,

(6) They should be suflicient for this purpose. and none save such as are

necessary for this purpose should be imposed.

(c) In cases of doubt, the doubt should be thrown to the side of safety

rather than of risk: but, in deciding on any measure, a balance should also be

preserved between the risk which is obviated by its adoption and the loss which

the measure entails.

(d) Measures, which although safe in theory, yet are so diflicult of execution

that there is serious doubt that they will be carried out efficiently, can not be

depended on, and privileges depending on restrictions of this kind should not be

allowed.

184. B, Establishment of Feci of Yellow Fever.

(a) A focus of inspection can be established only in an infectable place. ‘To

places in which such foci can not be established, whether from location (latitude,

altitude or other conditions), time of year (after frost), or from other causes,

yellow fever is not an infectious disease. Such places need not quarantine.

(6) The same result may be obtained—/. ¢., not establishing a focus—by

antiseptic treatment of cases of yellow fever,

(c) It is not generally to be depended on save in hospitals or tents.

185. C. Conveyance of Yellow Fever.

(a) Yellow fever is usually conveyed: from infected places by persons and

personal effects, the latter already infected and the former having the fever in

the stage of incubation. Tbe former is by far the most common medium of

conveyance.

= esi

(6) This implies that the persons or things have been exposed to infection,

(c) Other things besides personal effects, such as articles of merchandise, may

of course, convey infection, but in point of fact seldom do.*

186. The risk of persons depends on three factors:

(a) ‘That they have been exposed to infection.

(b) That they are susceptible to infection, if exposed.

(c) That the period of incubation of the disease has not passed since last

exposure,

187. If any one of these factors is lacking, no risk can be conveyed by the

person,

188. The risk from the effects of persons depends on:

(a) Whether they have been exposed to infection.+

(0) Whether they have retained the infection to which they have been ex-

posed—/. e., they have not been disinfected chemically or by aeration.

189. Persons and personal effects should be considered together,

190. Merchandise other than personal effects, shipped from a place in which

foci of infection of yellow fever exist, is dangerous in proportion to a com-

bination of three factors:

(a) Its exposure to infection.

(b) Its ability to receive and convey it.

(c) The measures adopted to free it from infection, if exposed to it.

191. Both of the first two factors must exist to render the merchandise danger-

ous in the first place, and even then it may be freed from danger by proper

measures to free it from infection.

192. The first depends on:

(a) ‘The degree of infection in the place.

(b) The place of storage and handling the merchandise.

198. Uncil the infection of a city become general, the risk of infection is con-

fined to residences and places contiguous to them, and in the business por-

tion of a city is rare, the wholesale business house being practically free

from it.

194. Reference is here had only to a city in which there is such a difference in

residence and business portion.

195. Goods from the wholesale district of such a town, unless the infection of

the place be very general, are little apt to be exposed to infection.

196. Should the infection become very general, the wholesale district may be

invaded.

197. The second depends on the nature of the surface of the merchandise,

198. Smooth, clean, dry, non-absorbing surfaces will scarcely, even if exposed

to infection, convey it.

199. The third, on the process of disinfection to which the merchandise has

been subjected.

This requires no explanation.

ace recesses ee - qosetseneseneereiomuceebennSSaSEceSS —— ewe arene

*The writer has long held that if much of the energy and care and money in excess

of what was needed which was spent in guarding against infection from uw erchandise

and mail were given to that from persons and personal effects the sanitary result would.

be decidedly better.

tOn account of the nature of their surfaces, no question is raised as to the reception

of infection by personal effects.

{It is held, I think, by all who have had much experience in this matter that ordi-

nary wearing apparel worn through the sun and air for any considerable time is thus

freed from the infection of yellow fever. :

SERIES CRON TRUR NS COIR IE ATR maernnry ——

—_— "Oi

200. D. Risk of Conveyance.

The risk from communication with a place in which foci of yellow fever

infection exist is, among other things, dependent on and proportional to:

(a) Degree of infection.

201. Where the degree is small, the infection is, in general, confined to a small

proportion of the residences and the risk of conveying infection is then

contined to persons and things which have been in this quarter.

(5) Measures taken in and adjacent to this place.

202. If none of the persons exposed to infected and infected articles be

allowed to leave, there is no risk. and in proportion as this is done the risk

diminishes.

203. The nature of the quarantine restrictions—/, ¢., the nature of the communi-

cation allowed—should be modified by the risk and thus depends partly on

the above conditions.

» Correo ¢ Tre TY

Ce seerer eg COWL UW. 8,

ee SR ee

OCT 24 1899

JAMES H. wckic NWEY,

Cierk.

Supreme Court of the alnited States

OCTOBER TERM, 1899.

Oridinal, No, 6 ;

STATE OF LOUISIANA

Us,

THE STATE OF TEXAS EV ALS.

Demurrers of State of Texas to Bill of Complaint.

Now comes the State of Texas. by her attorney general,

Thomas 8. Smith, and the defendants Joseph D. Sayers,

governor of said State, and W. F. Blant, health officer of

sald State, and demur to the bill of complaint filed herein

and say that the same is insufficient in law for the follow-

ing reasons, to wit:

hirst. That this court has no jurisdiction of either the

parties to or of the subject-matter of this suit, because it ap-

pears from the face of said bill that the matters complained

of do vot constitute, within the meaning of the Constitution

of the United States, avy controversy between the States of

Louisiana and Texas.

a

5)

Second, Because the allegations of said bill show that the

only issues presented by said bill arise between the State of

Texas or her officers and certain persons in the city of New

Orleans, in the State of Louisiana, who are engaged in inter-

state commerce, and whieh do not in any manner concery

the State of Louisiana as a corporate body or State.

Third. Because said bill shows upon its face that this

suit isin reality for and ou behalf of certain individuals

engaged in interstate commerce, and while the suit is ate

tempted to be prosecuted for and in the name of the State

of Louisiana, said State is in effeet loaning its name to said

individuals and is only a nominal party, the real parties at

interest being said individuals in the said) city of New Or-

leans who are engaged in interstate commerce.

Fourth. Because it appears from the face of said bill that

the State of Louisiana, in her right of sovereignty, is seek.

Ing to maintain this suit for the redress of the SUpposed

wrongs of her citizens in regard to interstate Commerce,

while under the Constitution and laws the said State pos

sesses ho such sovereignty as empowers her to bring an

original suit in this court for such purpose.

Fifth. Because it appears from the face of said bill that

no property right of the State of Louisiana is in any manner

affected by the quarantine complained of, nor is any such

property right involved in this suit as would give this court

original jurisdiction of this cause. Wherefore defendants

pray judgment of the sufficiency of said bill, and as to

Whether this court will take further cognizance of this cause,

and that they be dismissed hence with their costs.

Thomas S. Siru,

Attorney General of the State of Texas, and

Ronerr Taninron Warp,

clssistant Attorney General of the State of Texas.

Attorneys for said Defendants.

_—

a

1, Thomas S.Sinith, attorney general of the State of Pexas

and attorney for said defendatits, Upon my oath state that

the above and foregoing denurrers are not interposed for

delay.

Tomas S. Sarria,

ae ome Attorney General of State of Texas.

Sworn to and: subseribed before me this October 24th,

LS8o.

[sean] James D. Mats,

Notary Public for District of Columbia.

I, Thomas S. Smith, attorney general of the State of Texas

aud attorney for said defendants, certify that the above and

foregoing demurrers are, in my opinion, well taken in law,

Thomas S. Sirus,

Atlorney General of State of Texas and Aflorney

for said Defendants.

Lt Santee

Beh 2 Aaa eT

OR EIEN I ELITE CSE LONE TESS ES ea eames te cenaanmnaaeile

IN LHK

Supreme Court of the alnited States

OCTOBER TERM, 1899.

Original No. —.

STATE OF LOUISIANA

U8.

THE STATE OF TEXAS ET ALS.

Now comes the State of Texas, by her attorney general,

TS. Smith, for the sole and only purpose of presenting to

this honorable court her objections to and protest against

the granting by this court to complainant herein leave

to file the bill of complaint exhibited to the court, and

for no other purpose, the grounds of said objection and

protest being, first, that this court has no jurisdiction, of

either the parties to or of the subject-matter of this suit,

because it appears from the face of said bill that the matters

complained of do not constitute, within the meaning of the

Coustitution of the United States, any controversy between

the States of Louisiana and Texas.

Second. Because the allegations of said bili show that the

only issues presented by suid bill arise between the State of

ES EST PRI NE HN

ERTS Lien er PRO: 5

»

~

Texas or ber oMicers and certain persons in the city of New

Orleans, in the State of Louisiana, and who are engaged in

interstate commerce, which do not in any manner concern

the State of Louisiana as a corporate body or State.

Third. Because said bill shows upon its face that this suit

is in reality for and on behalf of certain individuals engaged

in interstate commerce, and while the suit is attempted to

be prosecuted for andin the name of the State of Louisiana,

said State is only in effect loaning its name to said individ.

uals and is only a nominal party, the real parties at interest

being said individuals in the said city of New Orleans who

are engaged in interstate commerce.

Fourth. That if the allegations of said bill be true, then

it appears that as to the matters complained of the said

William EF. Blunt, health officer of the State of Texas, is

not acting for and on behalf of the State of Texas under

and by virtue of any Jaw of the State, but) that all

of his acts are in excess of his power and authority as an

oflicer of Texas, not binding on the State of Texas, and that

as to such illegal and unauthorized acts of said William F

Blunt the said State of Texas cannot be held responsible,

and therefore no such possible controversy between the

States of Louisiana and Texes is shown us would give this

court jurisdiction of this suit.

Fifth. That this court being without jurisdiction of the

parties or of the subject-matter of this suit, to permit the

complainant to file this bill and to force the State of Texas

and her officers to appear herein would only subject the

”

State of Texas to great expense and annoyance without any

benefit or advantage to complainant.

Wherefore the State of Texas most respectfully prays that

this honorable court will refuse to grant leave to complain-

ant to file said bill of complainant or to prosecute said suit

against her.

TS. Smirn,

Alllorney General of the State of Texas.

R. HW. Wann,

Assistant Attorney General of Texas.

y

In support of the above objections, we respectfully refer

to the case of New Hampshire os. Louisiana and others and

New York vs. Louisiana and others, 108 U.S., 89, 90, 91.

T. S. Smiru,

Attorney General of Texas, and

Rh. HW. Wann,

Assistant Attorney General of Texas.

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