# Transcript of Record — Louisiana v. Texas

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Transcript of Record
- **Published:** January 1, 1900
- **Citation:** 176 U.S. 1

## Text

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,

8

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

~~

11

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.

12

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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Heisei Dears

Pre sa pm ; 08 EE

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

—

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.

14

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.

9

*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.

(b

~~

(¢

~

(d

~—

*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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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386018_0390%3A1. Public record. Not legal advice.