Record and brief — Morgan’s Louisiana and Texas Railroad and Steamship Company, Plaintiff in Error, vs. The Board of Health of the State of Louisiana, and the State of Louisiana

Supreme Court brief1884

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Text

OCTOBER TERM, 1884.

No. See. DOL

MORGAN'S LOUISIANA AND TEXAS

RATLROAD

SIANA,

THE BOARD OF HEALTH OF THE STATE OF LOUI

<a)

ZA,

—

ZA,

—

’

Uv Ss.

AND THE STATE OF LOUISIANA.

“STEAMSHIP COMPANY

FILED AUGUST 8, 1884.

MORGAN'S LOUISIANA AND TEXAS RAILROAD AN

STEAMSHIP COMPANY, PLAINTIFF IN ERROR, |

VS.

THE BOARD OF HEALTH OF THE STATE OF LOUIS

AND THE STATE OF LOUISIANA.

IN ERROR TO THE SUPREME COURT OF THE STATE OF, LOUISIANA

INDEX.

Original. Print.

4 I ‘ rs $-

ee from civil district court -.. -.-...-.-.-. : eae

RS co es a es a

Affidavit .._. ss Gere iste a ae eg

Bond for injunction ______ ._ -_-. = See a eee aoe Geeta a ae

_ Order for injunction .__. .2.... 2... .---. ee ae. ae

Writ of injunction .._\_. ie ee Fan caine ware aw 13

Return to writ of i ee ine atante oa eS pain eB a eee hee 15

Answer ee Be ee ee ee Ce ee

_ Petition ot interven * Mtge an elias SULN wiepis snes ee men in oo 18.

3 21

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_ Exception: to intervention peice Wks dorsi | aid enews ean ane

tence of Mr. ‘Hutchinson eee ue PORES peiaciiee

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ah Jones a acl aver sia a So oa Sn sme -——« aoa mee a ee ar -

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INDEX.

Document “* A’’—Expenditures for quarantine purposes -- -.. .--- ----

“5...{got set out) cs kk Siok

“C”—Letter of S. S. Herrick, M. D., to C. A. Whitney,

Scot. 0, BORE cock cic as eo ee png

pempoment of Te. PURO oc os ce pie ook Une seme Boe

Exhibit M—(not set out) --.------.----- Lit Maine mie Waka aaa

procument “ 10.""«=( not Set OUt) 06s nos 66s ces coms fees

el FY na ce ee op we beeen ween

Oe oa cine suns sd ead Mae aedon>

Submission .._. -. .. ideal Cael eb lhiags disk ska ahedad ada

NE TOR COE oink kw oemcdin coke «dns babs dewieks oulen &

ODE civkoadkk (se) pemudiee diel ka bp ntcend ace adeeb ae ha

Motion and order for suspensive appeal______-..------- -~~--- -- jae

Motion for additional time to file transcript ..---. .----. .-.- -------

Clerk’s certificate and affidavit as to want of time ._.__--_-. -------

Order for additional time to file tran.cript...- ~~. .----. ------ -..----

Motion for additional time to file transcript _._.-. .----- --~..-- ---- -

Clerk’s certificate and affidavit as to want of time... -_.. ---- ------

Order for further time to file transcript _.....-.. .---..--...------

Proceedings in supreme court of Louisiana___._..--..-.. .--. .----+-..--

Order to continue with preference .__-_.-. ..---.-.---- ~---------

‘sé 66 ‘6 ;

Argument and continuance... -.. .---.--2---- .- +. --+--- -------

submission .__. ._-- -_-. sagie tee Uae oka oan =

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SOIT a Sidin da bo saesobas om nates od wd aan enon Se ene ea len &

| OE I 5 cs ae + Senden cee nes ss ae ca

Points and authorities in support of rehearing ......-.. _-..-----. -

Additional points in support of rehearing ......--. .--....--------

COO VRTENIIE SERORTING .- ow nw no ee ee ie ee ee eee

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Citation to board of health of Louisiana ~.- .-...-_- .--.---. 2 2. eee

unneee Gr NEE Or COUNT nt

Original.

138

140

Print.

Hin Wao

MorcGan’s LouIsIANA AND Texas R. R.

THE BOARD OF Bcacan OF THE sae

OF LOUISIANA.

To the honorable the civil district. is for thé parish of Orleans:

The petition of Morgan’s Louisiana & Texas Railroad and Steam-

ship Company, incorporated under and by virtue of the laws of Lou- .

isiana, having its domicile in New Orleans, respectfully represents :

2 That it is the owner of the steamships New York, Algiers,

Morgan City, Lone Star, Chalmette, Excelsior, Morgan, Whit-

ney, Hutchinson, Hewes, Gressie, City of New York, Harlan, I. C.

Harris, Aransas, Clinton, St. Mary, and others, plying between New

Orleans and New York and between New Orleans and other ports

in Texas, Mexico, and the West Indies, engaged in carrying passen-

gers and freight between said ports. —

Petitioner further represents that the Board of Health, a corpora-

tion under the laws of the State of Louisiana, having its domicile in

New Orleans, asserts a right to collect a fee or charge of thirty dol-

lars from each vessel owned by petitioner, every time said vessels.

pass the quarantine station, on their aforesaid trips, and a further

fee or charge for each trip for what is called fumigation service; and

said board claims that, to secure the payment of‘said charges, it has

a lien on all of said vessels, for sums thus claimed by it, en-

3 titling it to seize & detain said vessels.

And petitioner further says that said defendant shreaipne to

seize and detain its said vessels if the charges exacted by the said board

be not paid; and petitioner believes and has good reasons to fear

and does fear that if said defendants be not restrained by this hon-

orable court the said defendants will seize and detain petitioner’s

_ vessels while engaged in commerce, to the detriment and irrepara-

ble injury of petitioner.

And petitioner avers that it is informed, and so alleges, that de-

fendant bases its rights to collect the s

legislative enactments of the State of Louisiana, and especially upon

an act of the Legislature of the State of Louisiana entitled “An act

to fix and regulate quarantine charges,”

of July, 1882, and numbered sixty-nine of the acts of the

4 Legislature of this State for the year 1882, and which said

act is herein copied at remit in the words and figures follow-

ing, to wit:

Section 1. Be it enacted by the oie) Acnmtnky of the State of

Louisiana, That the resident physician of the quarantine station on

the Mississippi river shall require for every inspection and granting

1—893_ ; ae |

MORGAN'S LA. & TEX. R. R., &C., V8. BOARD HEALTH OF LA., &C.

Petition. Filed Nov. 8th, 1882.

STATE OF LOUISIANA:

Civil District Court for the Parish of Orleans.

Civil District Court.

said charges or duties upon

&c., approved the first day

2 - MORGAN’S LOUISIANA & TEXAS R. R. & S. S. 00. VS.

certificate the following fees and charges: For every-ship, thirty dol-

lars ($30); for every bark, twenty dollars ($20); for every brig, ten

dollars ($10); for every schooner, seven dollars and a half ($7.50);

for every steamboat (towboats excepted), five dollars ($5); for every

steamship, thirty dollars ($30). )

Sec. 2d. Be it further enacted, &c., That the Board of Health

shall have an especial lien and privilege on the vessels so inspected

for the amount of said fees and charges, and may collect the same

if unpaid, by suit before any court of competent jurisdiction, and in

. aid thereof shall be entitled to the writ of provisional seizure

5° on said vessels. | ee :

Sec. 3rd. Beit further enacted, &c., Thatall laws, and parts of,

in conflict with the provisions of this act, are hereby repealed, and

-all laws and parts of laws on the same subject matter not in conflict

_or inconsistent herewith, are continued in full force and effect.

Petitioner represents that so far as it is attempted to apply said —

statute or statutes to the charges attempted to be collected from pe-

titioner, the said statutes are null and void, because,

First. They are in conflict with article first, section ten, paragraph

three, of the United States Constitution, which declares that, “No

State shall, without the consent of Congress, lay any duty of ton-

nage,” «c. : :

Second. Because said statutes are in contravention with the first

article, eighth section, third paragraph of the United States Con-

stitution, which vests 11 Congress the exclusive power “to

6 regulate commerce with foreign nations and among the seve-

~ ral States; and because said statutes are in conflict with other

provisions of the United States Constitution.

And petitioners: further represent that said act No. sixty-nine

of the Louisiana Legislature, approved July Ist, 1882, is null and

void, because said act is for a local and special purpose and was

passed by the said Legislature without notice of intention to apply

therefor, and without publication of notice of intention to apply

therefor, as required by article forty-eight (48) of the constitution of

Louisiana. : )

And said act No. 69 of 1882 is null and void, because it is an

amendment.of section 2nd of the act No. 289, approved March 18th,

1858, and of section 3040 of the Revised Statutes of 1870, and is in

violation of article thirty of the constitution of Louisiana, which de-

clares that “No law shall be revived or amended by reference

7 to its title, but in such cases the act revived or section as

amended shall be re-enacted and published at length.

And petitioner further shows that the charges exacted under pre-

tense of defraying quarantine expenses, besides being in violation

of the United States Constitution, because they are tonnage duties

and regulations of commerce, are much greater than necessary to

defray quarantine expenses, and are oppressive and destructive to

the commerce of the State. oo

And petitioner further shows that the amount claimed by defend-

anton the vessels owned by petioners will annually exceed five

| Pm enn eit ani

”

BOARD OF HEALTH, &¢., AND STATE OF LOUISIANA: 5

thousand dollars ; and if their vessels are seized and detained the

damage will exceed an additional sum of five thousand dollars.

And petitioners further say that no fees, or charges, or sums, .or

money whatever are due by them to the said Board of Health.

8 . Wherefore ee: prays that the said Board of Health

’

of the State of Louisiana be cited to appear and answer this

petition; that, after due proceedings, there be judgment in its

favor as to all sums alleged by defendants to be due to them for

quarantine fees and fumigating fees, or for alleged services.

Petitioner further prays, the annexed bond and affidavit being

considered, that the defendant, its officers and agents, and the quar-

antine physicians pe restrained and enjoined from collecting or at--

tempting to collect fees and charges called quarantine or fumigation

dues, or from collecting or attempting to collect from them under.

said act No. sixty-nine of 1882, or other existing statutes of Louisi- |

ana, any charge, fee, or duty for or in aid of the quarantine system.

of this State.

And petitioner further further prays that said defendant,

) its agents, and quarantine physicians be restrained and én-

joined from seizing or detaining any of its said vessels, night

or day, from other vessels, to the prejudice of petitioner, or from de-

taining petitioner’s vessels longer, or in any manner treating them

differently from vessels paying charges.

And petitioner — forsuch otherand further relief as in the premises

may be just and equitable, and as this honorable court shall deem

meet ; and it prays for cost.

(Signed) LEOVY AND KRUTTSC HNITT,

Attorneys for Petitioners.

Affidavit.

A. C. Hutchinson, being duly sworn, deposes and says he is the

acting president of Morgan? s Louisiana & Texas Railroad and Steam-

ship Company, the plaintiff in the foregoing petition ; that the alle-

gations contained in the foregoing petition.are true; that he

10 __—s fears that if defendant -be not restrained by this honorable

court, it will enforce the collection of the fees and charges

described in the foregoing petition, and that it will seize the vessels

of petitioner to its prejudice and irreparable injury.

(Signed) : A.C. HUTCHINSON.

Sworn to and subscribed before the undersigned, a duly commis-

sioned and qualified notary public, in and for the pune of Orleans,

State of Louisiana, at New Orleans, this 8th Nov., 1882, as witness

my hand and seal. ae :

[SEAL.] (Signed. ) ANDREW HERO, JR.,

| ‘Not. Pub,

Bond of injunction filed with petition.

Know all men by these presents, that we, Morgan’s Louisiana and

Texas Railroad and Steamship Company. as prmnecipal, and John B.

4 MORGAN’S LOUISIANA & TEXAS R. R. & 8. 5. CO. VS.

Richardson, as security, of the city of New Orleans and

11 State of Louisiana, are held and firmly bound unto the State

Board of Health of the State of Louisiana in the sum of two

thousand dollars, lawful money of the United States of America,

to be paid to said Board of Health, heirs, executors, administrators,

and assigns, for which payment, well and truly to be made, we bind

ourselves, and each of us by himself,and each of our heirs, execu-

tors, administrators, firmly by these presents. Sealed with our seals,

and dated the 8th day of November, in the year of our Lord 1882.

Whereas the said Morgan’s Company has this day presented a |

petition to the honorable the civil district court for the parish of

Orleans, praying for a writ of injunction to issue in the cause wherein

it is plaintiff and said Board of Health is defendant, and numbered

: of the docket of this court: pe hs 7

12 Now, the conditions of the above obligation is, that we, the

above-bound Morgan’s Company and John B. Richardson,

will well and truly pay to the said Board of Health, the defendant

in said writ of injunction, all such damages as it may recover against

us in case it should be decided that the injunction was wrongfully

obtained. | | : :

Signed, sealed, and delivered in the presence of—

(Signed) | A. C. HUTCHINSON, [1.8]

_ Act’g President of Morgan’s La. & Texas R. R. & S. S. Co.

(Signed). JNO. B. RICHARDSON. [1.s.]

Order.

Let a writ of injunction issue herein, as within prayed for, and

according to law, on plaintiff’s giving bond with good and solvent

_ security in the sum of two thousand dollars, conditioned as the law

directs. : :

New Orleans, November 8th, 1882.

(Signed) : 7 N. H. RIGHTOR, Judge.

ie ‘Writ of Injunction. Issued Nov. 8th, 1882.

STATE OF LOUISIANA: |

Civil District Court for the Parish of Orleans.

MorGAn’s La. & Texas Raritroap Co.

! | vs. | |

BoarRD OF HEALTH OF THE STATE OF La.

The State of Louisiana to Board of Health of the State of

Louisiana, and its officers and agents and the quarantine physi-—

cians, Greeting: = ,

You are hereby commanded, restrained, and enjoined, in the name

of the State of Louisiana and of the civil district court for the parish

of Orleans, from collecting or attempting to collect fees or charges

called quarantine or fumigating dues, or from collecting or attempt-

- BOARD OF MEALTH, &¢., AND STATE OF LOUISIANA. na)

ing to collect from the plaintiff's deniers, called the “ New York,

Algiers, Morgan City, Lone Star, Chalmette, Excelsior, Morgan,

Whitney, Hutchinson, Hewes, Gussie, City of Norfolk, Harlan,

I. C. Harris, Ar-ansas, Clinton, St. Mary, and others,” under

14 said act No. sixty-nine, of 1882, or other existing statutes of

Louisiana, any charge, fee, oF duty, for or in aid of the quar-

antine system of this State, and you are further restrained and

enjoined ‘from seizing or detaining any of said vessels or from mak-

ing distinction in the examination and fumigation of said vessels,

night or day, from other vessels to the prejudice of plaintiff, or from

detaining plaintiff’s vessels longer, or in any manner treating them

differently from vessels paying charges.

And you are so commanded, enjoined, and restrained until the

further order of this court.

And what you do in the premises you ‘make return thereof, to-

gether with this writ, to our said court, as the law directs.

Witness the Honorables A. L. Tissot, W. T. Houston, F. A. Mon-

roe, N. H. Rightor, Henry L. Lazarus, judges ‘of our said

15 court, this 8th day of November, in the year of our Lord one

thousand eight hundred and eighty-two, and in the one hun-

dred and seventh year of the independence of the United States.

Sheriff's Return to Writ of Injunction.

Ree’d November 9th, 1882. and on the same day of the same

month and year I served a copy of the within writ of injunction on

the Board of Health of the State of Louisiana, its officers and agents

and the quarantine physicians, the defendants herein, through Dr.

Jas. Jones, president of the Board of Health, in person. Ret. same

day. :

(Signed) : | P. A. McINTYRE,

Deputy Sh’r’ff.

Sff’s fee, $2.00. |

Answer. Filed Nov. 11th, 1882.

Div. “C,” Civil District Court.

16 MorGaAn’s LovuIsIANA AND TEXAS RAILROAD

AND 8S. S. CoMPANY

v8. ae 3

BoARD oF HEALTH OF THE STATE OF LOUISIANA.

No. 7001.

To the honorable the judges of the civil district court. for the parish

of Orleans :

Now comes defendants, and for answer to plaintiff’s petition deny

all and singularly the allegations contained therein, except as may

be hereinafter specially admitted.

Respondents specially deny that they are exacting “a further fee

or charge for each trip” of said vessels, “for what is called fumiga-

tion service,” but allege that those fees are only collected when said

pretentions and obtaining. judgment decreeing said’ laws in the re-

6 _MORGAN’S LOUISIANA & TEXAS R. R. & 8. 8. CO. VS.

service is rendered to vessels either infected themselves or coming

from infected ports, and that they have the legal and constitutional

right to do so. | | |

Respondents admit that they are rendering the services

17 and collecting the fees allowed by the act No. sixty-nine of

the Legislatureof the State of Louisiana, approved July 1st,

1882, and the other quarantine laws of the State of Louisiana.

Respondents further deny that said act No. 69 is an act for a local

or special purpose, and that thirty days’ notice thereof was required

by article forty-eight (48) of the constitution of the State of Louisiana.

Respondents specially deny that said act and the other quarantine

laws of the State or in conflict with or contrary to article 1st, section

ten, par. three, or article 1st, section 8, par. 3rd, or any other por-

tion of the Constitution of the United States.

Respondents further deny that the aforesaid act No. 69 is in con-

flict with or contrary to any portion of the constitution of the State

of Louisiana. | |

Respondents further deny that the fees collected are much

18 greater than is necessary to defray quarantine expenses, and

are oppressive and destructive of the commerce of the State,”

but allege that they are much less in the aggregate than are abso-

lutely necessary to maintain and support a proper quarantine to pre-

vent the introduction of contagious and infectious diseases into the

State of Louisiana and the Valley of the Mississippi.

Wherefore they pray that the injunction herein granted be an-

nulled and dissolved, and to bé hence dismissed with their costs, and

for all general and equitable relief &c. ee

: ae F.C. ZACHARIE, -

_ (Signed)

| Of Counsel.

Petition of Intervention of the State of Louisiana. Filed Nov. 18th, 1882.

} Div. “C,” Civil District Court.

Morean’s Louisiana AND Texas R. R. anp S. 8. Co.

| | v8 . No. 7001.

19 Boarp OF HEALTH OF THE STATE OF LOUISIANA. :

To the honorable the judges ot the civil district court of the parish

of Orleans: | eee | : ee

This the petition of intervention of the State of Louisiana, repre-

sented herein by J. C. Egan, att’y general of said State, and filed

_ herein by permission of this honorable court, respectively repre-

sents : ee |

_ That the State of Louisiana is immediately and directly interested

in the issues herein involved, inasmuch as plaintiffs are seeking

to annul all the quarantine laws of said State, whereby revenues

_ are raised and provided for the maintenance and support of the

uarantine system and services of said State for the prevention of

the introduction of contagious and infectious diseases into the State

of Louisiana, and that, should plaintiffs succeed in establishing their

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA. | 7

| spect charged, in violation of and Liccnsiolont with the Constitu-

20 tion of the United States, and as having been passed without

compliance with the provisions of the constitution of theState of

Louisiana, then and in that event the State of Louisiana would be

obliged to levy a tax upon its inhabitants to defray the expenses of

said quarantine service, or abandon the same entirely and leave the

State and its peoplea prey to the introduction of contagious and infecti-

ous diseases, all of which-would be greatly to the injury and detriment.of

the State and the inhabitants thereof, and the maintenance of said

system by tax levy would impose an annual additional expense of

~ at least twenty thousand dollars upon the State and the tax payers

thereof.

Wherefore intervenor files this petition of intervention, and join-

ing the Board of Health, already made defendant herein; and

21 assuming the position of co-defendant herein, reiterates and

adopts, as an answer to plaintiff’s demand, all the allegations,

denials, and defences set up in the answer of the Board of Health

of the State of Louisiana as those of intervenors, as fully as if herein

‘minutely and distinctly set forth, and prays that a copy of this peti-—

tion of intervention be served on the said. plaintiffs, Morgan’s Lou-

- Isiana & Texas R. R. & 8.8. Company, through its proper officer or

representative, and, after due proceedings had, that there’ be judg-

ment dismissing said suit, and decreeing said laws to be constitutional

and valid, and for cost of this intervention, and for all general and

equitable relief, x |

(Signed) ie J. C. EGAN, og

Att'y General.

Order.

Let this petition of intervention be filed as prayed for, and accord-

ng to law. ae :

yew Orleans, Nov. 18th, 1882. 7

(Signed) F. A. MONROE, Judge.

sae ee Amended Petition. Filed December 2d, 1882.

Div. “C,” Civil District Court. :

~ Morean’s Loutsrana & Texas R. R. & S. S. Co.

vs. _ SNo. 7001.

THe Boarp oF HEALTH OF THE STATE OF boc ISIANA.

The amended petition of plaintiffs respectfully represents:

That all the statutes of the State of. Louisiana, relied on by de-

fendants for collection of quarantine and fumigation they are null

and void, because they violate the scHlowing provisions of the United

States Constitution :

Article first, section 10, paragraph 3, prohibits the States from im-

posing tonnage duties without the consent of Congress.

Article first, section eight, paragraph three, vesting in Congress

‘the power to regulate commerce, which power is exclusively so

vested. |

‘MORGAN’S LOUISIANA & TEXAS R. R. & 8S. 8. CO. VS.

Article first, paragraph six, section nine, which declares

23 that no preference shall be given by any regulation of com-—

: merce to the ports of one State over that of another; nor

shall vessels bound to or from one State be obliged to enter, clear,

or pay duties in another. | ws

And for the other causes set forth in the original petition.

(Signed) LEOVY & KRUTTSCHNITT, | oe

| - Att’ys for - Petitioners. “7

Copy of petition and citation waived, and it is agreed that this

amended petition be filed. | ie

(Signed) F.C. ZACHARIE,

| Counsel Board of Health.

Exception. Filed Dee. 2d, 1882.

Div. “C,” Civil Dist. Court.

MorGAN’s LOUISIANA AND Texas R. BR. &S. S. Co.

se vs. No. 7001.

~~ Boarp oF HEALTH OF THE STATE OF [LOUISIANA. ee

For exception to the intervention herein of the State of Louisiana,

- plaintiff says that said intervenor has no direct interest in _ ‘

24 this suit, and shows no cause for intervention. And if this J :

: exception be not maintained, then, tor answer to said inter- .

vention, ptaintiff reiterates the allegations of its petition and makes

the said petition a part of this answer; and asks for judgment as

therein prayed for against.the intervenor as well as against the de-

fendant. : | | :

(Signed) = | LEOVY ann KRUTTSCHNITT,

: es Att’'ys for Plaintiff.

wee ee

ie ‘cnncnie

— Testumony taken in open court Saturday, December 2d, 1882. Filed.

Agreement.

It is agreed that, in case of any witnesses for either side be now *

absent at the present trial of this cause,that their testimony shall be

taken, by consent, in the clerk’s office, reserving ‘to both sides the

rights of either counsel to file bills of exceptions to the admission or —.

-. rejection of any testimony, or the ruling of the judge thereon

25 in the decision of the case on its merits. vias |

| It is admitted in this case that the plaintiffs are an incor-

_ porated company, that they are the owners of the vessels named in

the petition, and it is agreed that all statutes relating to the Board of

Heath and quazantine, and others necessary in this case, shall be

considered as offered in evidence, and the laws, as published in the

volumes of the reports, shall be used as if they were in the record. .

‘ F

BOARD OF HEALTH, &C., AND es LOUISIANA.

Mr. HutcHInson, plaintiff, sworn.

Direct examination by Mr. Lrovy :

Q. Mr. Hutchinson, you are the acting president of the Morgan’s .

Co., are you not?

A. Yes, sir.

Q. And have been vice-president since 1878?

A. Yes, sir.

Q. -You have heard the names, seen the names mentioned

in the petition of the steamers owned by the Morgan line;

the Morgan Company are the owners of those steamers.

Yes, sir.

Between what points do they ply?

Between New Orleans, New York, Havana, Vera Cruz, Morgan

on)

e ;

POPOPos POD

Yon have six plying between New York and New Orleans?

es, Sit.

Do those six steamers stop at any other American poris?

. No, sir; they come direct.

. What steamers stop at Morgan City? : :

Well, nearly all the Texas steamers. They come and go to

Morgan City at different times. —

Q. Those steamers coming to New Orlane and those plying to

Texas ports and Morgan City, is a matter of business, I suppose? _

A. Sometimes they ply between Algiers and Texas ports. They

did this last summer du uring the freshet.

Q. But generally?

A. Generally they run from Morgan City.

ye Q. What is the course pursued in reference to the steamers of

New York quarantine station; are they stopped there as they

come up the river? |

A. Yes, sir; they are stopped and boarded by the officers of the

station.

Q. They are stopped there for isnheaaccesmes of health at the quaran-

tine station? : :

A. Yes,sir. —

Q. Are they permitted to come up any time without the certifi-

cates?

A. Without the certificates. -

Q. Yes, sir; from the Board of Health?

A. The captain always signs the order, and he brings the certifi-

cate with him.

Q. But the Board of Health issues the cortitionte: as a general

thing. I mean to vessels coming up?

A. Quarantine vessels.

Q. Well, before these certificates are issued, do you know what is

done on those vessels; are they examined—the vessels from New

York?

A. From my personal knowedge?

_ Q. Yes, sir.

—.28 A. No, sir; I do not know.

—

ie oe

10 | MORGAN'S LOUISIANA & TEXAS R. RB. & 8. 8. CO. VS.

~Q. You don’t know wheher they are examined or not.

A. No, sir; not to my personal knowledge.

Q. What is about the annual sums that is asked for those pertifi-

cates, and for fumigation on all your vessels?

A. On all our steamers, as they run, probably exceed $5,000.

Q. Is that the charge for inspection, or does it include fumiga-

tion ?

A. Inspection and fumigation fees for those that are subject to it.

Q. And that is for your vessels almost exclusively coming from

New York? |

A. Well, the majority of the vesels coming from New ss pass-

ing the Mississip i station.

Q. What are the fees for? | : |

A. Havana, Key West, Cedar Keys, Morgan City, and Texas

ports when they come to New Orleans. _

Q. Is that inspection charge made for vessels coming from Morgan

City, or steamers coming around ?

29 A. Yes, sir; under this new law.

Q. So that your vessels coming up from Morgan City to be

repaired the charge is made? |

A. Yes, sir.

Q. What is the charge now made?

A. Thirty ($30) dollars.

Q. Is there any way other than that for your vessels to come from

Morgan City?

A. Yes, sir; all our light steamers can now come by way of the

Atchafalaya and the Mississippi river vices the ordinary stages of

the river.

Q. Then there is no charge for inspection ‘ ?

A. No, sir; the vessels—the steamers coming from Morgan City

og almost every week ; they are not inspected and not charged a

ee.

Q. Coming around by the Atchafalaya ‘ ?

A. Yes, sir.

Q. Mr. Hutchinson, your vessels coming from New York loaded

with freight, are they subjected to these special ve awncten services

at the quarantine station ?

30 A. Yes, sir. 3 ;

Q. Well, your freight coming from New York or Texas by

railroad, is there any inspection of that?

A. No, sir; notatall; the same way with the freight coming from

Morgan City, itis not inspected by railroad, although it comes every

hour in the day, but if they come by steamers they are inspected.

The steamer is 24 hours coming, and the rails four..

Q. ae the — sent to you «é railroad from New York i is not in-

A. No, sir. ,

Q. And that coming by steamers undergoes inspection, certificate

is demanded ‘ ro

A. Yes, sir.

—— ad

trade—all of the side-wheel ships.

BOARD OF HEALTH, &., AND STATE OF LOUISIANA. 11.

— Q. Have not bills for these services been aes to you frequently

during the last summer ?

A. Yes, sir.

AQ. Has anything been said to you about seizure of the vessels i in

case the bills are not paid ?.

31 A. We received a notice to that effect if they were not paid.

Q. Have you not an injunction: now in the U. S. court

against this Board of Health? |

A. Yes, sir.

Q. To restrain them in the collection of those fees % ?

A. Yes, sir.

2 Fumigation services Mr. Hutchinson?

A. $25.00.

Q. The amount is $25, but what is dee with that $25 | ?

A. Well, I never have been present at

Q. You only know what the captain told you ?

A. Yes, sir.

Q. Well, I will ask you as to the consequence of it, has it gener-

ally destroyed the vermin & other things on the vessels?

A. No, sir; it is impossible.

Q. In the manner conducted down there ?

A. In the manner it is reported to me it is impossible to fumigate

vessels unless you tear it to pieces.

my Q. Have you ever examined those vessels shortly after the

fumigation with reference to ascertain whether roaches, rats,

and things of that kind have been destroyed ?

A. Yes, sir; frequently.

Q. Well, what has been the result? | e

A. No effect at all on the roaches, or the vermin or the rats.

Q. Well, so far as you know, has that fumigation been of service

to the Co. ?

A. None whatever ; on the contrary , it has been an injury.

Cross-examination by Mr. ZACHARIE:

Q. About how many boats has your r company plying bobwens this

port and other ports?

A. [ think 18, sir; 18 or 20.

Q. How many of those vessels ply between here and Havana or

Vera Cruz, or foreign ports? os

A. There are two of them running at present between New Or-

leans and Havana, and one between Vera Cruz and Morgan City.

Q. Is that the usual number that is running between

33 __ those ports? ©

A. No, sir; sometimes we have others.

Q. How many ?

A. Well, from four to five ; sometimes we have cattle ships in the

trade.

Q. How many of them are in the Texas trade?

A. Well, they vary at times; sometimes they are all in ‘the Texas

12 ‘MORGAN'S LOUISIANA & TEXAS R. R. & 8. 8. CO. VS.

.Q. Have you known your vessels from the foreign ports to be in-

fected with disease ? : |

A. Yes, sir. | Se:

Q. What vessels, and when? es | De

A. I don’t recollect exactly when, or the names of the. ships.

Q. Well, has it happened frequently ? os

A. No, sir;~not frequently. It has happened, I think, in two or

three instances since the war. .

Q. What was the nature of the disease?

A. Yellow fever. | a

Q. Now, in regard to your vessels of foreign ports, from domestic

ports, American ports,do you know whether infectious diseases have —

been imported through your vessels?

34 ° A. Not that I know of, sir. . No, sir.

Q. Do you know of a case or do you remember a case of a

man who was suffering from the small-pox then introduced into the

city of New Orleans from Havana or Florida on one of your vessels

during the past winter? )

Counsel for plaintiffs object, upon the general ground that it is ir-

-reievant. es < :

Rutinc—Court sustains the objection, for the following reasons:

Thai, as the court understands it, the object of the question is to

show that in the absence of quarantine it is possible or probable that

persons suffering with infectious diseases may be brought from other

American ports, or from foreign ports, into the port of New Orleans ©

upon the plaintiffs’ vessels, and, this being the case, the court con-

siders the testimony as irrelevant, for the reason that, no

30 matter what answer may be given to the question, the court

: would nevertheless assume that it is possible and may be

probable that persons suffering with infectious or contagious diseases

| ay be brought into the port of New Orleans upon plaintiffs’ ves-

To which ruling of the court counsel for defendant excepts, on the

ground that the question is for the purpose of showing that con-

tagious diseases have been introduced into the city of New Orleans

by plaintiffs’ vessels coming from domestic ports as well as foreign

oan ge that the quarantine is necessary to the protection of the

ealth of New Orleans. ae | | :

Q. You say, Mr. Hutchinson, that you have no practical personal

knowledge of the manner in which this fumigation is carried on? _

A. Personally I have not seen it done here at this port.

Q. You say that whatever it may be that it is of no service to the

company?

A. Yes, sir. , . | |

36 Q. Do you understand to pronounce an opinion as to

_ ___ whether or not that fumigation is effective or non-effective,

in geet the vessel of any infectious or contagious disease? _

A. In the way it is done, I do say so. |

BOARD OF HEALTH, &¢., AND STATE OF LOUISIANA.

Q. That is your opinion?

A. That is my opinion. , | | :

Q. You have no knowledge of those matters professionally, have

you; you are not a medical man?

A. No, sir; I know that they don’t fumigate the vessel ; ae don’t

clean it; they don’t attempt it. |

Q. What do you mean by not cleaning it?

A. Because they don’t reach on an average one-half of the vessel ;

at least one-half of the vessel is not touched. :

Q. Do you state this of your personal knowledge?

A. Yes, sir; I do. ,

Q. Well, how can you state that of your personal knowledge,

_ when you state that you don’t know how: this fumigation is per-

formed?

A. I know how it is done; I have heard.

7 7 Q. I want to know what you know. : :

Oo” A. Well, I know the sun rose this morning, but I didn’t |

see it; I know how the fumigation is done thoroughly ; I

know where the fumigation materials are placed.

_ By counsel for plaintiff: ©

Q. Mr. Hutchinson, will you state how those vessels are loaded,

and give your reason, ‘which, I understand, you had as -to why this

— does not extend through the whole vessel ; ; just state the

acts?

A. Well, there are many places i in a vessel they do not approach;

they don’t attempt to approach; they can’t approach ; places where

the foul air of the vessels is received : they can’t get at it without —

‘tearing it to pieces; there are apartments in a vessel which they

never approached; they can’t do so, if, in other words, they fum1-

gate a vessel as they do, as I know they do, it would be like fumi-

gating one room in this court-house w ithout fumigating the balance.

By ‘counsel :

Q. Now, Mr. Hutchinson, do you know a case, and if SO,

38 please state it, where a contagious or infectious disease devel- |

oped itself on board of one of your vessels after having been

fumigated at the quarantine station?

A. Yes, sir; I know of one or two cases.

Q. Will you please state what they were ? |

A. I couldn’t state here exactly, but I know of cases—I don’t re-

member the names of the ships—I know of cases that came to the

quarantine station, and the fever has broken out afterwards.

Q. When?

A. Well, since the war; I can’t fix the dates exactly. Probably I

can give you the dates, if I’can find the ships at the time. I have

known of vessels being fumigated, and the fever broken out. |

Q. Has it been during the administration of the present Board of

Health ?

A. I don’t recollect whether we have had a case since the admin-

_ istration. : aoe

14 MORGAN'S LOUISIANA & TEXAS R. R. & §. 8. CO. VS.

Q. Was it under the Choppin administration? — |

A. I think it was; but I would say that, so far as I know,

39 the fumigation is precisely alike; there has been no difference.

By plaintiff’s counsel :

Q. You were a member of the Board of Health?

A. Under the Choppin administration—yes, sir.

By counsel :

Q: Was any of those cases reported to the authorities ?

- A. The authorities knew it, because the vessel was at the quaran-

tine station. | Shee |

Q. I understand you to say these vessels; these diseases had

broken out after the vessel left the quarantine station.

A. I didn’t say after she had left the quarantine station. The

vessels had been fumigated, and laid there ten days afterwards.

Q. Then she did not pass the quarantine station and introduce

the disease here? | | | 7

A. No, sir; not in the case I speak of. I think there were several

cases of that kind this year at Pensacola & Ship Island.

40 Q. Well, you stated that you were a member of the Board

of Health at one time? ia

A. Yes, sir. |

Q. Do I understand you to say that the quarantine should be

abolished? that it cannot prevent the introduction of contagious or

infectious diseases? | oe

A. No, sir; not at all.

Counsel for plaintiff objects.

Wrrvess: I could give still a stronger reason for that, if you wish

to know it. | | |

Q. For what, sir? - a | :

A. For the fumigation—for the results of it. Well, I will say to

you, when we are in the habit of overhanling our ships and tearing

them all to pieces, that in order to kill the roaches that infest all

ships we put a pot of sulphur inside of the rooms, and seal them up

tight, and keep the sulphur in there a day, and probably two or

three days, after the rooms are opened, before you can go into

41 the room without an unpleasant odor from the sulphur, and

_yet within two or three days we find the small roaches, the

vermin, coming out of the cracks in the same room, while all the

large vermin the sulphur has reached it has killed; but all the small

roaches in the crevices in the room will be seen coming out again,

and then we have to fumigate again. -

By plaintiff’s counsel:

Q. Is it possible for that air thus fumigated to reach all parts of the

vessels? | : aes : -

A. It is if it is done in that way.

~ Q. In the way you speak of?

BOARD OF HEALTH, &¢., AND STATE OF LOUISIANA.

A. Without taking the vessels to pieces; without that it is utterly

impossible; all.those places are air-tight, water-tight.

Q. Is the difficulty increased’ when she becomes loade- with

oods ?

A. When a vessel’s hold is full of eogds and the sulphur is put

(above the) closed hatches, I don’t know by what process

42 that sulphur can reach that cargo.

- Q. Have any of your vessels come up without—I mean, in

other words, are you- vessels treated like all other vessels ?

A. Yes, sir.

Q. They have not treated your vessels in that respect different [in]

respect to other vessels ? |

A. No, sir.

_ By def’t’s counsel :

Q. You have stated that if the sulphur is burned sates you didn’t:

see how it could descend. Do you know, or not, that sulphuric acid

as a fact, generated by: the burning of sulphur, is heavier than the

atmosphere and descends ?

A Yu sir; perfectly well. It cannot descend through a cargo,

nor caiuid it descend through an air-tight ceiling; that in order to clean

a vessel, have to take that ceiling out. We take it out and clean the -

ceiling of tae vessel entirely Thatis a matter of six or seven weeks.

SOT “ery taken Saturday, . December 2d, 1882. Filed Dee.

14th, 1882.

Civil District Court.

Moraan’s R. R. anp STEAMSHIP CoMPANY- |

3 v8. Agee No. 7001.

Boarp oF HEALTH. eg ‘

Dr. FrnnrEy sworn for defendant.

Direct examination by Mr. ZACHARIE:

Q. Dr. Finney what official position do you occupy at present ?

A: Quarantine physician of the Mississippi river station.

Q. Who are you appointed by ? ,

A. By the Governor of the State.

Q. What is your salary and duties ?

A. My salary is $5,000 a year; my duties are to examine. every

vessel that enters the Mississipi river from any all ports to see that

these vessels do not introduce diseases of an infectious or contagious

character.

_Q. Under whose control are you in the ‘execution of your

duties ?.

44 A. In part the Governor, and in part the Board of Health

of the State. ;

Q. How.long have you been acting as the equsrmanuts physician at

| the Mis, station ?

16 MORGAN'S LOUISIANA & TEXAS R. R. & 8. 8. CO. vs.

A. I have been acting as quarantine physician continuously now

since May, 1879—I think 1880.

Q. Then, were you ever quarantine physician before ?

I was, sir; in 1877. | :

How long a time?

In 1877? :

Yes, sir.

About 8 or 10 months.

Are you a regular practising physician ?

I am, sir.

How ‘long have you been so?

Since 1871, I think.

Of what medical college are you a graduate ?

Graduate of the University of Louisiana, medical department.

Have you been in the continuous practice of your profession

since your graduation, except while at the quarantine station ?

A. I have, sir.

, Q. Are you familiar with contagious & infectious diseases ?

A. I have had considerable experience with them.

Q. Where?. |

A. In this city and at the quarantine station.

Q. Have you had a special experience in the detection anil’ treat-

ment of contagious diseases in the city of New Orleans? I- yes, state

what it was.

A. I have had with small-pox, inasmuch as I was physician of

the small-pox hospital of this city for some four or five years. I

have had considerable experience with yellow fever, both in this city

and in Shreveport.

Q. During what epidemics or seasons?

A. In the Charity Hospital of this city in ’69,in ’70 and 71;

in Shreveport during the epidemic of ’73. 7

Q. How did you come to go to Shreveport ?

46 A. I volunteered to go there when the people of Shreveport

_ called upon New Orleans for assistance in the way of physi-

ss A Rh ad a Ma

cians.

Q. Now go on, any other years?

A. Again in 78 Thad experience at quarantine station, of yellow

fever, in 1877; in New Orleans during the epidemic of ’78.

Q. Now, please state, in as brief a manner as possible, how the in-

spection and funigation service at the quarantine station on the

Mississippi is performed, commencing with the arrival of the vessel

opposite the quarantine station; what is done? How is she ap-

roached, and then the particulars?

The counsel for plaintiffs suggest that you should first give your

testimony in regard to the vessels; the process of treating vessels

from non-infected ports, and then infected ports. : |

A. Vessels arriving from New York, either myself or my assistant

board them on their arrival at quarantine station.

‘47 Q. How do you board them?

A. In a small boat. .

Q. Owned by what?.

BOARD OF HEALTH, &¢., AND STATE OF LOUISIANA.

By the quarantine station.

How many boatmen is necessary ?

Five.

How long are they on duty?

They are on duty at all hours of the night.

Do you know what pay they receive?

Ido. |

Then you approach the vessel? _ ee | ‘

Yes, sir. ae

Then what happens?

. Then we call upon the captain ond eee a series of questions

to him, which, if he answers satisfactory, we——

Q. The subject, and the substance of the questions?

A. As well as to where he is from, the name of his vessel, his own

name, the time of his voyage; whether he had any sickness on board

of his vessel while at the port he left, or during his voyage,.

48 and if every one was well at the time of his arrival at the quar-

antine. All these questions being answered satisfactory—

there being no sickness, nor having had any on board—we furnish

him with a permit to proceed to New Orleans.

Q. Do you go through the vessel ? 3

* A. No, sir; not unless we have—as-a general thing we : dont go

through the vessel when we have a suspicion of there being some-

: _ thing hidden; the captain’s statement—or again we frequently put

“= the captain under oath when we thought that he would wish to

; screen any facts that might cause his detention at quarantine.

Q. Why is that done?

A. For the better protection of the health of the valley of the

State.

Q. Have you known cases oi concealment on the pent of the

captain ?

= A. I have, sir.

3 «. Then, you say if those questions are satisfactorily answered,

| and you have no reason to believe that she has sickness on

49 board or anything suspicious about her, you give her certifi- —

cate; suppose there is anything suspicious about her?

A. We detain her.

Q. What do you do then?

A. And then, after examining the patient, if we ascertain that the

3 diseases are of an infectious or contagious nature, we take the patient

i. __ there to the hospital, provide the patient with all necessary medical

" attention, medicines and so forth ; we disinfect the vessel by

H Q. Will you please state the manner of disinfection ?

A. We cause all the ship’s bedding to be treated with a solution.

of carbolic acid, put upon deck and airified, subsequently replaced

into some portion of the vessel, the cabin, or the hold, and there

subject it to the fumes of sulphur; the bilges are treated with a. so-

lution of copperas.

Q. Tell het you mean by “bilges.”

A. That nes of the vessel that is between the quter plank-

POPOPOPOPOD>

18 asinine LOU ISIANA & TEXAS R. R. & S. S. CO. VS,

5) ing and inner - lining of the vessel upon either side of the

: | kelson where fluid is liable to accumulate frem leakage.

of Q. How do you say that is treated? |

A. That is treated with a solution of copperas; the bilges are . yy

umped out, fresh water pumped in, the solution of copperas poured _ |

in, repumped out, and retreated in that way. |

Q. During the space of what time? oe

A. Well, we would detain a vessel that brought an infectious dis- be

ease there for a period of not less than ten days after the taking of !

the patient to the hospital. |

Q. What steps, if any, are taken in regard to the effects, clothing, |

&c., of an infected passenger or member of the crew, or other per- i

sons found there, or anything that he has been in contact with? ,

A. It is generally destreyed by fire.

Q. Now, in regard to the fumigation by sulphur, how i is that per-

formed ?

A. That is performed by placing a quantity of sulphur in n large

iron pots, one or more pots ec placed in the com partments

51 of the vessel.

Q. Below decks? |

A. Below and above decks.

Q. Then what is done with that sulphur? | |

A. Those pots are put into those compartments and stay, after be-

ing set fire to are allowed to burn there and generate this gas.

Q. How long are they burned?

A. Well, we leave them in as a general thing not less than six

hours, sometimes twenty-four.

Q. Do you do anything with the hatches above deck when the

te are placed below in the compartments; do they remain open or

shut?

A. Why of course ders are closed, the hatches are sent on and the |

1 taurpolins put on to cover them and make them as air-tight as pos- j

2h sible; everything on the vessel is closed. |

q Q. ‘Do you ever discharge cargo? , |

A. Yes, sir.

Q. In what cases?

A. Well, sometimes in cases where no dinsens exists aboard the

vessels, but when they come from infected ports, and where it is

likely that infection might exist in the cargo:

52 Q. Well, what do you do then?

"A. We then take the cargo out, and put it in the Government | |

warehouse, fumigating the cargo in the warehouse, and fumigating >

the vessel daily as it is being discharged. r

Q Now, in regard to the number of the pots; how many do you

use; or does it vary according to the size?

A. It varies according to the size and construction of the vessel. ?

Q. It depends upon the size of the vessel? |

A. Yes, sir. /

Q. Please state, then, about the relative use:of these oats, ete.

A. Well, if we were fumigating a schooner, we would prmahiy use.

ae a eee en {-- ae lien in tenn ne malts Sem aati iba ~ ee

; Pam: sere

BOARD OF HEALTH, &¢C., AND STATE OF LOUISIANA. 19

not more than 2 pots; if we were fumigating a small brig or bark,

we would not use more than three pots.

Q. Suppose you would get a large steamer of three or four thou-

sand tons?

_A. Well, we would need from five to seven pots to fumigate her.

) Q. How many pounds of sulphur are used in each one of

53 thes- pots, about?

A. Well, that varies, sir; we use from 40 to 75 pounds of sul-

phurinapot. |

. How many boatmen did you say y employed?

. Five.

At what salary?

. 40 and 45 dollars a month.

. Have you a watchman?

I have, sir.

.. What is his duty?

. His duty is to remain on watch from sunset till sunrise, and to

call the boatman, and either myself or my assistant, when the vessels

come in sight.

Q. You have an assistant, then * ?

A. Yes, sir.

Is he a practising physician, regularly erenaneen! ?

He is, sir.

Do you and your assistant reside at the quarantine station ?

We do, sir.

. What is the pay of yourself and your assistant?

. My assistant gets $2,000 a year.

Do you consider that pay as proportionate to the services that

you are called upon to perform? :

o4 A. Well, no, sir, I do not.

Q. Do you think it less or more than a physician ?

A. I think it is less.

Q. Now, what assistance, in the way of help, do you require in x the

process of the fumigation of vessels & disinfecting by solution of

carbolic acid ?

A. I require the assistance of all my boatmen, and frequently the

assistance of some of the crew. |

Q. Well, suppose, now, that you Hee completed the disinfection

> OPOPOPO

ore td

of a vessel which is either infected or comes from an infected port—

what is done, then ?

A. I would detain her the length of time prescribed i in the Gov-

ernor’s “ uarantine proclamation, if such exists. If, at the expira-

tion of t

she is permitted to proceed to the city.

at time, the vessel has shown no evidence of being infected,

Q. During the time that the vessel is detained, do you, or

55 your assistant, board the vessel daily, or oftener * ye

. Yes, sir.

Q. What do you do on those visits ? ?

A. Make an inspection of the crew.

. Q. Do you inspect the pomenaee? ?

A. Yes, sir—when they have any.

SENEGAL MERE DD BALE LIEN CEREAL G MIG RRR, re

ies J Pi: oe Oe it RE OT rede Loe a : “i = a See te rs ie ey Kee: Gee - ue .

ee of the ground ?

29 2 MORGAN’S LOUISIANA & TEXAS R. R. & 8. 8. CO. vs.

Q. Is the siete bageage, or baggage of the crew, officers, ‘nid

Ser ers, inspected by you ?

es, sir.

Q Then you give a certificate?

A. Yes, sir. :

Q. And she comes on to the city of New Orleans ?

A. Yes, sir.

Q. What is done in regard to the payment?

A. Before I issue that certificate, I present the captain with a bill

for quarantine inspection fees, and also for disinfecting and fumiga-

tion fees.

-Q. When performed ?

A. Yes, sir.

Q. Have you got ‘the form of that certificate that you give ' ?

A. No, sir; I know the form, though.

Q. What i is the form ?

A. Simply, after heading it with the dates, the heading is: “ Mis-

sissippi River Quarantine Station, Louisiana, such dates, Dec.

6-656 22,1882. Permission is hereby granted to (blank), whether it.

be schooner, brig, or bark, whatever it might be, to proceed to

New Orleans.” Signed either by mayer or my assistant, in our offi-

cial official capacity.

Q. What caanerty has the State of Louisiana at the quarantine

station for the purpose of maintaining that station ?

A. Well, she has a piece of ground —_ I think, that has 8 or

ten acres front on the river.

Q. Which bank ? | :

A. Left bank. | | : :

Q. Do you know how that was acquired ?

A. It was acquired by purchase.

Q. What was the price ?

A. Ido not know. —

Q. Do you know what buildings, if any, have been erected and

now exist at that quarantine station for the purpose of quarantine ?

A. There is one large hospital devoted to the treatment of fever

cases.

57 Q. Cases from ships?

: A. Yes, sir; there is one large hospital for the treatment of

small-pox ; there is a building for the boatmen’s quarters; there is

a building for the physicians; there is a very large warehouse

erected by the U.S. Government.

Q. That is not the State of Louisiana. How is the sustenance of

the vided for? physicians and other “ee at that station pro-

for

A. There sustenance ?

Q. Yes, sir; board ?

A. They provide that themselves.

4 Pay for it themselves ?

A. Yes, sir. |

Q. Can you state about what the value of those buildings are ir-

BOARD OF HEALTH, &C., AND STATE OF ‘LOUISIANA.

ie The entire property of the quarantine station 1 ?

“@ Yes, sir; boat houses ?

A. Well, to put up such improvements I think would cost about

$25, 000.

ought to

[ A

j Q.

ol 59

$4 a day.

Q. Do you have senthine to do with vaccination there ?

A. Yes, sir; have to do with vaccination, just as we have to do

with other means resorted to for the prevention of the introduction

Q. Did you know what they actually cost, about ?

A. No, sir.

Q. Do you know (I am only asking you approximately)

ee - what the expenses are per annum in repairing & keeping in onder.

A. What the expenses are ?

Q. Yes, sir.

A. Well, that I could not answer ; I ans not téll you what they

be.

Q. About how much % ?

A. It is not a species of guess,it would take from five to 6 thousand.

dollars a year to keep the station in proper repair.

Q. Now, Doctor, in addition to these boatmen and other employees,

did you have to employ nurses ? |

. Yes, sir.

How many nurses did you uae’ ?

Well, I have two constantly.

. What is their pay? |

. One gets $40 and the other gets $2

Do you at any time employ xis n

A.. Yes, sir.

Q. Do you employ other nurses at other times % ?

A. Yes, sir.

How many ?

. Well, according to our requirements

. At about the same pay ?

. Well, no, sir ; we have to pay them a good deal more.

About how much ?

Well, I have paid for nurses at the station there as much as

of disease.

Q. Please state what you do.

A. Whenever a vessel would arrive at quarantine with a case of

small-pox on board, for instance, I would vaccinate every one on

board.

| - Q. Is there any special checte for that?

| : A. No charge at all.

: : Q. Now in regard to these hospitals £ for the taking care of

a) 60 small-pox and yellow fever and other diseases; are they fur-

: nished with bed and other things?

A. Furnished with everything, every Peapirerent, medical atten-

tion, medicines.

Q. Food, etc., etc.’ 2 | | |

A. Everything that is necessary, sir; for which there is no charge.

month.

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220 MORGAN’S LOUISIANA & TEXAS R. RK. &S. 8. CO. VS.

Q. Do you know the amount of repairs that was placed upon tess

buildings during 1881.

A. Yes, sir; I think there was between 6G and 7 thousand dollars -

for repairs.

Q. Are the stations in condition now, in perfect order?

A. No, sir.

Q. In what respect are they deficient?

A. Well, they are deficient, inasmuch as they should have other

ebuildings there for the accommodation of passengers detained during

quarantine season.

Q. Is there any other deficiency i in your boarding facilities ?

A. There is deficiency in regard to our wharf and boat

61 house. That alone would require an expense of $2,000 to

remedy it.

Q. Have you had estimates made upon it?

A. Yes, sir.

Q. Now, in regard to your facilities for boarding at night and

during the ney. Are they what they should be?

A. No,s |

Q. In hat manner are they deficient ?

A. They are deficient, inasmtich as that I could afford better ac-

commodations to the shig ing—less detention of them—if I had a

steam launch for board. When I have a number of vessels in

‘quarantine it is almost impossible for me to make an inspection of

every one of them daily.

Q. Do you use the same crew—boat crew—night and day?

A. Yes, sir.

Q. Now do you know wat the revenues of that station are ap-

proximately ?

A. Yes, sir.

62 Q. Are they sufficient, insufficient, or do they exceed the

necessary expenses of that station ?

A. To be—that station—in the condition that I would consider it to

be first-class, the present revenues of the station would not be suffi-

cient for maintaining it.

Q. Would they be in any year that you have been there?

A. In any year that I have been there?

Q. Yes, sir.

A. No, sir. | |

Q. Do you know how the revenues of the station compare this

year with preceding years ?

e I think. they are somewhat behind peoendine years—consid-

erably.

Q. Have they been falling behind for some time?

A. Yes, sir.

Q. Doctor, the process of disinfection which you have mentioned,

do you know whether this is the same process that is resorted to in

other ports of the Union and elsewhere ?

A. Well, I know that in other ports they resort to somewhat simi-

_ lar means of disinfection, but I don’t think they do it as

63 thoroughly as we do at our station. |

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA.

By niaintifie counsel :

Q. Are you speaking from your knowledge ?

A. No, sir; from what I have been told by copia of vessels.

Counsel for plaintitis objects.

By counsel :

Q. Is this the system that is adopted by the’ experience of the

medical fraternity as the proper system of disinfection ?

A. It is, sir.

Q. Do you know if other systems have been tried and found to

be less efficacious :

A. I do.

Q. Such as what ?

A. Such as generating other gases.

Q. Do you remember the system of Perry ?

A. Well, Perry's system was pretty much the same as the one we

have, with the exception of using pots instead of furnace.

a Did you have the freezing system ? |

. No, sir.

'Q. Well, wasn’t there such a system tried ?

64 A. There was such a system tried. |

: Q. Now, from your experience as a medical man (I am ask-

Ing your opinion as a medical man) is the system in vogue now?

‘A. Yes , Sir.

Q. Doctor, do you know of any other point in connection with

this quaré antine service that is material to the 1 issue here presented ?

If so, please state it. :

A. Well, I don’t suppose I can comment upon anything Mr.

Hutchinson has said. He said we charged for vessels coming from

Morgan City, and I have never charged for vessels coming from Mor-

gan City. That must have been an error on the part of my assist-

ant, because I have instructed him to the effect that he should not

charge those vessels; I know I never did..

Q. So far as you know, has this —— of quarantine proved ef-

fective or non-effective ‘

: | Counsel for plaintiff shies to the question, on the ground

65 that it is the opinion of a party who could not be an expert in

such matters ; it is a question of interence.

Objection overruled. |

Q. I forgot to ask you, Doctor, after you granted those certificates

and so on, what did you do with these drafts about any ropeem con-

cerning these vessels.

A. What do I do with the drafts? |

. Q. Yes, sir.

A. I takea draft from the captain upon the agent, owner, or broker

of the vessel, made payable to the order of the secretary and treas-

urer of the Board of Health, and I forward it to the secretary and

treasurer of the Board of Health for collection.

ee:

a4 MORGAN’S LOUISIANA & TEXAS R. R. & 8. 8. CO. VS.

i sf

Q. pg you make any report about, the sanitary condition of the

vessel ?

A. I make a report weekly of all the vessels arriving at the sta-

tion, and, whenever it is necessary, a special report upon any vessel

- arriving with any infectious disease.

Q. How are you and your employees at that station paid ?

A. We are paid out of the revenues derived from that.

Q. Who pays you ? |

66 A. The Board of Health of the State of Louisiana.

Q. Through whom ?

A. Through their president and secretary.

Cross-examination by Mr. Lrovy:

Q. You have stated that your salary of $5,000.00 a year was paid

by the quarantine station, by the Board of Health.

A. Yes, sir.

Q. Do the duties of that ‘quarantine require your presence all the

time down there? _

A. Pretty much all the time, sir. a

4 Well, the president of the Board of Health, what is his salary? :

A. $2,400.00. |

Q. Who pays that? Where does it come from, the $2 400.00 ? |

A. It comes from the general revenues of the board. 7

Q. Has not the president of the Board of Health many duties to |

perform up here in the city of New Orleans? Is he not, to a great 7

extent, a police officer?

A. Yes, sir. |

Q. His business, to some extent, is to see that the streets

67 are kept clean, the city disinfected ?

A. Not his business to see that done.

Q. As the president of the Board of Health, is it not his duty, to

some extent, to superintend the health of the city of N.O.? |

A. Yes, sir.

Q. Well, then, you have a treasurer, have you not?

A. Yes, sir?

Q. What is his salary?

A. $2,000.00, sir.

Q. And. you have a secretary?

A. Yes, sir.

Q. What is his salary?

A. I don’t know, sir; the secretary and treasurer are one, sIr. : > is

-Q. What is his salary % ? : :

A. $2,000.00.

Q. Well, are their duties monfined strictly to the quarantine sta-

tion, or have they not to—are not their general duties included as

health officers of the city of New Orleans?

A. Well, the duties of the secretary of the Board of Health i is to

attend to all of the clerical work the board requires him to do.

68 — Q. And the treasurer receives all the funds which is received

by the Board of Health?

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA. OB

A. Yes, sir. :

Q. Is not a large portion of that fund received as fees for record-

ing marriages, births, & deaths? |

A. They receive fees for that, yes, sir.

Q. And his duties as treasurer relate to everything concerning the

funds belonging to the Board of Health?

A. I think it does, sir. : |

‘ Q. Inother words, ‘those gentlemen are city officials, with reference

to the city of New Orleans, as well as State officials, are they not?

A. Well, they are State officials, but they are not city officials,

strictly speaking. :

Q. But they perform many duties in the city of New Orleans, not

connected with quarantine vessels, do they not? |

A. Yes, sir.

Q. Is not most of the time of the president of the Board. of Health

taken up here in New Orleans with questions relating to the health

of this city?

69 ~—=sAA«. Yess, sir; I think that takes up most of his time.

Q. Now, as to this matter of certificates referred to (we will

confine ourselves to the present—to the line of steamers belonging

to the Morgan Co.); there are six of those steamers inthe New York

trade; we will say the “New York” arrives at the quarantine, you go

on board and you ask the captain, if he is not from New York, and —

whether he has not been to any other port than American ports.

A. Yes, sir.

Q. Well, do you not then give him a certificate of health ?

A. I ask him all the other questions that we generally propound,

whether he has had any sickness while in New York or on the

the voyage.

Q. As a general thing i is not that the only duty you perform ?

A. That 1s about all, sir.

-Q. Now, in reference to fumigation, where that fumigation is ren-

dered, for which you charge $25.00 only, and where there is

70 no case of sickness on the vessel, do you do anything, as a

general thing, more than use the sulphur—these pots of

sulphur; I mean when the vessel is not specially detained by sick-

ness; on the boat you simply fumigate and charge $25.00.

A. Yes, sir.

Q. You don’t apply these pots of sulphur from 5 to 7; you only

apply to a large steamer—that is the usual number‘?

. Yes, sir. .

Q. What does that sulphur cost, when used about five pots Sra

40 to 70 pounds; what is the cost of that er" ?

A. I don’t know, sir.

Q. Well, about 4 2 : | | :

A. Four or five cents a, pound ; I believe it is about that.

- Q. How many pots of sulphur do you generally use on each of —

the Morgan vessels to fumigate for which you charge $25.00?

A. Well, we don’t always charge $25.00.

Q. What is generally the fee?

_ A. Sometimes $20.00.

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MORGAN'S LOUISIANA & TEXAS R. R. & 5. 8. CO. VS.

71 Q. Well, what fee less than $20.00 on the Morgan’s steamers;

_ _ did you ever charge less?

A. No, sir.

Q. How much did you say that surplus cost?

A. I don’t know positively ; I think it cost about 5 cents. .

Q. It cost about 5 cts.?

A. Yes, sir.

Q. And the pot is from 40 to 75 pounds! ?

A. Yes, sir.

Q. Do you ever use, in reality, over 2 pots on each of the Morgan

steamers? |

A. Yes, sir; always.

Q. How many?

A. Never less than four.

Q. When you use 4 or 5 pots of sulphur for this fumigating pur-

‘pose upon the Morgan steamers, where do you put the five pots?

A. One in the cabin, one in the fore, and one in the after-hold

and the forecastle.

- Q. Are not those vessels exclusively freight vessels to which I

: have referred—are they not exclusively freight vessels ?

72 A. Yes, sir; freight and passenger.

eS The Morgan vessels are not passenger vessels ?

A. Yes,sir.

Q. Iam speaking of the New York vessels; I am confining your

attention to the 6 vessels coming from New York,

A. We do not fumigate them.

Q. The others you do fumigate when they come from_ infected

ports, and the fumigation, as you have stated, is from 4 to 5 pots? ©

A. Yes, sir. ,

Q. You never fumigate New York vessels ?

A. No, sir.

Q. When those vessels are loaded with freight (I am not speaking

of the 6 vessels), is it your opinion that the fumes from the 4 or 5 pots

penetrate the whole vessel from stem to stern—from top to bottom ;

when you use 5 pots of that sulphur only, and placed them as you

said, is it your opinion that the fumes penetrate every por-

73 tion of the vessel? |

A. Every portion that has an opening.

Q. When she is loaded with freight? —

A. Yes, sir; right down to the kelson.

Q. And through all portions of the freight?

A. Yes, sir.

Q. How can the fumes get to the lower part of the vessel when she

is loaded with freight ?

as Well, it gets there through the very smallest crevices imagin-

able.

Q. And penetrates through every portion of the freight ?

A. Well, it would not penetrate through every portion of the

freight ; not through boxes.

Q. Well, between boxes and packages, when tightly stowed, SO as

GR PAN lim timc,

BOARD OF HEALTH, &¢., AND STATE OF LOUISIANA. 27

to penetrate the lower part of the oomel, so as to destroy any germs |

that. may be there—is it your opinion that those fumes penetrate suf-

ficiently for that purpose?

A. Yes; sir.

Q. Well, now, about the fr Salar ?

; A. Well, in iron vessels they seldom have bilge-water.

74 Q. There is a space of about 16 to 18 inches between the

. hull—the iron hull of a vessel—and this plank floor, which

eS exists in every vessel, and divided by kelsons, and, as I am

told now, hundreds of ‘compartments. I am giving you this in-

formation to enable you to understand my question. There are hun-

dreds of these compartments, dividing the hull of a vessel from the

flooring, and generally the vessel contains Jarge quantities of bilge-

water, which produces animalcule- & fumes, which is dangerous.

Now, I ask you if it is possible that the fumes of 4 or 5 pots of sul-

phur can penetrate that ? 7

A.. And reach that bilge-water ?

Q. Yes, sir.

A. Not in my opinion, sir. We treat that different ; with a solu-

tion of sulphur of iron.

Q. I am speaking simply with sulphur.

A. We never confine ourselves with fumigating with sulphur.

79 Q. I have it down here. In some instances you use 4 to 7

pots of this sulphur for vessels, and were else.

. O, no, sir.

Do you in every case use carbolic acid ?

. Yes, sir.

. Well, then, how do you reach this bilge-water’ ?

We pour it through pumps.

So as to reach probably a hundred compartments, separately

divided, making distinct little rooms ?

A. I never knew there were a hundred compartments. If there

were a hundred compartments then the solution could not reach

them. The first time that I knew a ship’s bilge was divided into a

hundred compartments. I don’t see how the vessel could pump her

—_— out. 7

ZOPOrOP

By def’t’s counsel :

Q. In reply to that last about pumping these hundred compart-

ments?

pumps leading down to the bilge of any vessel I have ever

seen, and it is through those pumps that we insert this solution of

carbolie acid and sulphate of iron.

TURN hilt tipo

i _ By counsel :

Q. Have you used this carbolic acid for the re, vessels ?

A. Yes, sir.

Q. And the copperas also for the bilge water?

“

28 MORGAN’S LOUISIANA & TEXAS R. R. & 8. 8. CO. V8.

A. Yes,sir. As far as that is concerned I will state that we make

no distinction between any of the vessels coming from infected ports

or in a vessel that requires fumigation. We treat them all alike.

Q. Well, don’t you make a difference where there [is] disease on

a vessel and where there is none? | : :

A: We make this distinction. We give them repeated fumiga-

tion. Hs oe ee

Q. You say that the sum received by this system of taxation is in-

adequate for quarantine purposes—that more was needed?

| A. Yes, sir. ahs es Se ; |

17 Q. Well, do I understand you to say that the remedy is

that. these charges should be increased on vessels ?.

A. No, I believe that if the Morgan steamers and the Cromwell

steamers were to pay their dues that the revenues derived at that

station would be sufficient to maintain it properly.

Q. Those two lines would be sufficient to produce the revenues?

A. Yes,sir. |

Q. That being the case, Doctor, will you be good enough to state

why this bill was introduced for doubling the tonnage by the Legis-

lature—the bill that was introduced by the Board of Health to the

islature—the bill providing for the tonnage duties, $60.00 at night

and $30.00 in the daytime. | x

A. I didn’t know that any bill was introduced providing for the

tonnage at all, sir. :

| Redirect examination by Mr. ZACHARIE:

78 Q. During your cross-examination you stated that the

whole time of the president was taken up in regard to the

local sanitation of New Orleans; did you mean that?

A. I made no such statement. that the whole of the president’s

time was taken up. mo :

Q. What did you state?. _ |

A. I said the greater part of it. |

Q. You were interrogated in regard to the local sanitation of New

Orleans ; is it or is it not a fact that the local sanitation of the city

of New Orleans is provided for by a special amount and appropria-—

tion by the city council of the city of N. O.?

A. It is, sir. % :

Q. Included in their budget?

A. Yes, sir. ees

Q. Now, you say, as I understand you, that you use from 3 to 7

pots in fumigating; each one of those pots contains how many

- pounds, you say? — : | |

7 A. From about 40 to 75. .

79 Q. And the sulphur is worth about five cents a pound ?

A, I think it is about that; I don’t know exactly.

9395 Then the burning six hours of each pot costs from $2.00 to

incite tee iat

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA. 29

A. It eost about that; yes, sir. It really costs more than that, I

think, because you have to take into consideration the cost of the

ots. :

. Q. I am speaking now of the material used? 3 -

A. Yes, sir. |

Q. Well, then, if there were three pots used, iheve nla be from

<i to—something like 10 or 13 -dollare—used 1 in those 3 pots in ma-

terial ?

A. Yes, sir.

Q. Where there was 7 it would amount to as | much as 14 to 22

dollars. Now, in regard to the use of sulphate of copper, iron, and

carbolic acid, what does that cost; what is the cost of the material ?

A. I don’t know what the cost of the material i is.

Q. Can’t you approximate it?

A. No, sir; I haven't any idea.

Q. How much copper is used ?

80. A. Well, that varies.

Q. Approximately?

A. For a single disinfection we would use from between 25 & 100

pounds. &

Q. You don’t know how much it cost a pound? |

A. No, sir.

Q. Well, then, in regard to the iron you say you used?

Ss A. Well, that is sulphate of iron.

. Q. Well, then, in regard to the carbolic acid; how much do you

use of that? - :

| A. Use from one to three gallons.

& - Q. What does it cost?

ee A. I don’t know, sir, what it costs. |

Q. Well, can you approximate the actual cost of the material of |

each disinfection ? |

A. Of each disinfection?

Q. Yes, sir.

A. Well, I should think it would be in the neighborhood of some-

where about 12 or 14 dollars altogether.

Q. Suppose you fumigate npn: does 1 it cost that every time?

| A. Yes, sir.

81 Q. Then, if a ship that has this process applied to her 3

times, it would cost from 36 to 42 dollars?

A. Yes, sir.

| Q. Is this irrespective of labor and the utensils used?

;" A. No; that includes ware and tare of the pots, but it does not in-

: clude labor.

Q. In regards to the Gootirabiein of the president, what do you

speak from; your personal knowledge or from general reputation ?

A. Well, ‘from my personal knowledge; that is, not as regards the

present incumbent—his predecessor, as I was a member of the Board

= Health some years, and exceed a duties that were required of

~ him.

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30 MORGAN'S LOUISIANA & TEXAS R. R. & S. S. CO. VS.

Dr. JosEPH JONES, sworn for defendant. | e

Direct examination by Mr. ZACHARIE:

A greement.

Dr. Jones, witness being put upon the stand by the defend-

82 ant. It is agreed that Dr. Jones, the witness, president of the

Board of Health, and a member of the former Board of

Health, would, if testifying in detail, corroborate what Dr. Finney,

the preceding witness, had said and stated, except in so far as the

particular points upon which he may be interrogated.

Q.. Now, Doctor, you have heard the testimony of Dr. Finney;

will you please state any errors that he has made during the course

of his testimony? | | :

A. I think the testimony is not entirely correct, in one point in.

which his testimony is not sufficiently explicit; that is, in reference

to my own duties. ze :

Q. Please state what your duties are. | |

A. My duties are defined by the act of ’55 and the additional and

subsequent act of 1858, also the act of 1877. The duties of the presi-

dent of the Board of Health are to conduct the correspondence of the

Board of Health; supervise the quarantine station, and to visit

83 them as often as the board may direct, to preside at the meet-

ings of the board, and submit all questions to the board of

interest. He is also empowered, during the interim of the meeting

of the board, to issue all orders to sheriffs; he has constantly, through

the whole time that he is in office, to pay attention to matters, and

he is never relieved from that duty. |

_ Q. State, Doctor, in regard to the particular cases of quarantine

i are reported to you, what your duties are, and how you perform

them. | 3 | :

A. All questions relating to the condition of ports, whether in-

fected or healthy, are brought to the knowledge of the Board of

Health at every meeting.

Q. By correspondence? | |

A. By correspondence and every means of information, orders are

immediately issued to quarantine physicians in the whole course of

the State, warning them of the condition of any port and the neces-

sity of taking action in reference to any infected port; rules are

prescribed and the time of detention is (even when there is no pro-

clamation: by the Governor) és controlled by the Board of Health.

Q. Now, in regard to particular cases of vessels?

84 A. All cases during the interim of the meeting of the

Board of Health, the violation of the law, are reported to the

_ president, and if the law has been violated the criminal sheriff is

ordered to seize the vessel subject to the order of the Board of Health.

In the case of the “Excelsior,” “ Vanguard,” and other vessels well

known, they were seized by the sheriff and sent back’ to the quar- -

antine station. Then, during the months of excitement the owners

do not appeal to the Board of Health in reference to matters of de-

EM Ts ee

5 at a

Sf he eed: oe ORT re Se

BOARD OF HEALTH, &¢., AND STATE OF LOUISIANA. 31

tention. In the time that the board is oo meeting, these matters

are brought before him. Most of his duties rest right there. Nearly

one-half of his reports are taken up with litigation, &c., and the

great cost of the reports is due to that fact. The cost of the —

of the maritime interest of La.

By plaintiff’s counsel :

Q. The whole maritime interest?

A. I say, our maritime interest; I don’t specify it.

By counsel:

Q. Doctor, can you state the number of deaplowines, salaried em-

ployees, of the Board of Health?

85 A. We have, for instance, at Miss. quarantine.

Q. State the round numbers and expenses. © :

A. I will have to give it in detail to be accurate. At Miss. quar-

antine there is a physician «& his assistant, one at a salary of $5,000.00,

‘and the other at $2,000; we have, as the doctor stated, 5 boatmen at ©

salaries from 40 to 45 dollars per ‘month, and two nurses.

By pl’t’ff’s counsel :

~Q.. Haven’t you stated in some of your reports recently that the

expenses was $25, 000. 00% ? :

A. Yes, sir.

Q. Can you not state that?

A. I can continue; we have, by the laws of the State, to keep up ©

a quarantine at the Riggolettes ; we have an officer and three boat-

men, officer at $125.00 a month during the summer months, and

the boatmen at $40 dollars a month; we have also at the Atchafa-

laya by law to keep up the quarantine station, and the quarantine

fees-should apply at that station [as] well as the Miss.; the Atchafa-

laya station requires an officer, his salary has ranged. from $100 to

$75 a month, and a boatman at $40 a month; then the law requires

the Board of Health to put quarantine at any point at any moment

it may be necessary ; the president of the Board of Health, as

86 — regards this, as in the case of Pensacola ; we had to put a case -

at Lookout; all of this had to come out of the quarantine

fund, and according to. the act the president’s salary, physician’s,

secretarys, and treasurers is directly charged to that fund, which is

not included in that $21,000.00, which I alluded to.

By counsel :

e What percentage, about, of the time is the president of the

board, & the secretary & treasurer of the board and of the collector

of the board, are devoted to matters exclusively quarantine?

A. I will say the whole time of the president is taken up; that is,

not absolutely every moment of the day, but he is always on n duty

like a general. commanding an army.

4 Well, in regard to the secretary and treasurer ?

32 “MORGAN'S LOUISIANA & TEXAS RB. RB: & 8. 8. CO. V8.°

A. He is never abacnt from his post, whether hei is at the quar-

antine station or here.

Q. The collector, does he attend to all of the collections?

_A. Yes, sir; the ‘whole of his time.

Q. Now, in regard to the attorney, what is his salary ?

A. Is devoted to quarantine matters.

~ Q. What is his salary ?

A. $50.00 a month.

87 Q. Doctor, in regards to the value of the materials that are

used in disinfecting a vessel ; what is the sulphur, that is to

say, how much a pound? G

A. Since I have been president of the Board of Health we have

taken estimates from all the wholesale druggists and progres it at

‘wholesale prices, and my recollection is that it would be about 4

‘cents per pound; but then we have the expense of delivering it to

the quarantine station. It might Dring it up to 5 cents when the

cost of carrying it is added.

Q. Now, carbolic acid ?

A. We have purchased that at the lowest price; in fact, in 1878

several thousand gallons were sold, and we got it at $1.00 per gallon.

We have been r eh furnishing it ‘at below the price according to

that circumstance; copperas from 1} cents to 1? cents and 2 cents a

pound. Sometimes the market is bare. Copperas contains a great

deal of water crystallization, and may be bought for a little less.

_Q. That must also be added to the cost of transportation ?

A. Yes, sir.

Q. Making it cost about how much, approximately 7 ?

88 A. I should suppose about at the rate of 2 cents a pound,

and the carbolic acid $1.25 a gallon. The board has never

been in any position to buy large quantities—never had any funds

beyond the immediate wants from day to day, except

Q. In your administration, and from your knowledge previously

as a member of the Board of Health, what is the cost of maintaining

the quarantine station, the Miss. station?

A. I have here the detailed statement of the actual cost, which I

would be glad to submit [in] evidence.

Counsel for def’t offers in evidence document marked “ A.”

ton say it has been inadequate to keep up the quarantine sta- _

tion *

A. Yes, sir; Louisiana should have the quarantine station re-

moved from the Riggolettes near to the river, in order to facilitate

commerce. It would cost about $5,000.00. It should establish a

fine quarantine station at the Atchafalya, which we would maintain

there, and through memorials in that direction asking the Legisla-

ture for an “69% weer of $5,000.00 each for each of those

89 stations, as I did for other matters; I asked for $10, 000.00 for

the Miss. quarantine. :

Q. Something has been said about local sanitation. What is the

fact 1 . regard to the sum that i is used or is noted for local sanita-

tion Ca ia eae

BOARD OF HEALTH, &€., AND STATE OF LOUISIANA. 33

A. The act of 1877, act No. 80, settles that question. The Board

of Health is required to make out a budget of the year, and to apply

- to the city council for certain sums to pay the inspectors, the medi-

cal inspectors, and for disinfectants. During my term of service the

amount appropriated has been inadequate—$10,000.00 for that pur-

pose. The board has taken all its surplus funds to buy disinfectants

and to supply all deficiencies at the quarantine station. The board

has spent nothing outside of its special wants. |

Counsel for defendant offers in evidence the report of the Board of

Health, that portion of it material to the question of the quarantine

of 1880 & 1881. Document marked “ B.” 3

Q. Doctor, how does the number of vessels passing chal

90 the Miss. quarantine—that is, our internal commerce—com-

pare of late years with what it has been before?

A. Diminished one-half.

Q. Do you know what the reason for that i is ? |

A. From the deepening of the mouth of the Miss. river and the

complete change in commerce. Previous to the war about 2,300 ves-

‘sels came through. I could give all those facts at any time, the

complete record. . The number of vessels entering last year was about

1,000. The whole tendency of modern commerce has been to build

iron ships of great tonnage, and to reduce the sailing vessels, and to

Increase in size and diminish in number; hence our r fees have been

decreased in that respect, and will decrease more & more every year,

and will become inadequate for the sy stem.

By pl’t’ff’s counsel :

Q. The amount of tonnage has not increased, has it?

A. Yes, sir; it is increased. I can give you those facts. The

amount of tonnage, not in Fespect to each vessel, but the aggregate,

has increased.

‘By counsel :

91 Q. Dr., what condition is the Miss. quarantine station in?

Please state what has been spent under repairs and so on at

the Miss. quarantine in the last few years.

A. About between 7 & 8 thousand dollars, with the drugs, putting

that in and the equipment of the beds; we found it in the most

dilapidated condition, all wanting repairs. :

Q. What is its condition now ?

A. In very good condition; it is the best as , far south as New

York, as far as my knowledge goes.

—6©Q. Dr. is there any other point material to. this issue here that

you wish to state?

A. I would like to make a brief statement with reference to the

duties devolving on the Board of Health, in reference to uarantine

at the mouth of the river and the States above, as would certainly

close this port six months in the er but for the quarantine main-

tained here. | |

5—898

34 + MORGAN’S LOUISIANA & TEXAS R. R. & 8. S. CO. VS.

By pl’t’ff’s counsel: | a |

Q. You think it is for the benefit of the whole commerce of the

Miss. river ? ee :

92 A. I think so, sir; and we are obliged to keep up a quar-

antine at over a cost of 5 or 6 hundred miles, and supply

every material out of this quarantine fund. In addition to that we

rotect the trade—internal trade of some 300 million, which would

be destroyed but for this quarantine. The internal trade of New

Orleans varies from 300 millions—from 2 to 3 hundred millions.

This would be destroyed but for the quarantine through a large por-

ion of the year; that the quarantine might be improved I would

freely grant; that we need more money is a self-evident proposition.

We should have our own quarters, and not be quartered upon the

United States at the Reggolettes; Louisiana should have it; we

should have our own quarantine station at Atchafalaya. |

Q. In regard to the administration of the quarantine system at

the Miss. river and the other stations, is it administered on an ex-

pensive plan, or an économical plan, or upon a medium plan?

93 ~—~+A. Upon the most economical plan that I can conceive.

_ There is not an account rendered of those stations that have

not received the approval both of the.president of the Board of

Health and the finance committee, and all been submitted to the.

board. Not one dollar can be spent without a requisition, and its

approval. We should have a corps and several more nurses with

them. We should have a supply of stimulants and food, in case the

cholera should come here at any time. You must recollect that a

quarantine has to be like a sentinel, and we might have at any time

The case of the “Newemberg” had a case of small-pox

aboard of her. We might, at any time, have a case of cholera or

yellow fever. Possibly, though, a rigid quarantine, the ships had

not been coming here with sickness, and we were spared what Pen-

_sacola had. If we had not a quarantine like them we would prob-

ably have had a loss of 15 million dollars.

94 _ Q. Are the salaries allowed the officers and employees of

the Board of Health extravagant, moderate, or below what

they ought to be? :

A. I think they would beabout. I think those at the Atchafalaya

& the Riggolettes are not sufficient. Those of the Mississippi are

very advant-geous salaries. ne Es

Q. The law provides for an assistant treasurer, at a certain salary,

at quarantine station, will you state whether the board has ever had

one there or not? © : ,

A. They had one there just before the war, and, perhaps, just after

the war, but the president of the board thought that te- expensive,

and then made the secretary here do all that—keep all the accounts. °

The secretary is required to be in his office a great part of the day,

and his attention is taken up that’ way. - 7

Cross-examination by Mr. Leovy: oe

Q. You stated just now that $8,000 had been spent on repairs.

‘N

ta aia

ie all —_—_— al

eit is

BOARD OF siete &¢., AND STATE OF LOUISIANA. 30

A. About that.

95, Q. Was not that $8, 000 taken from the monies collected by

these duties—that fund, the quarantine fund ?

A. Not altogether. We get it from every source—recording the

births and deaths. ae eee

Q. Births and deaths ? ? :

A. Yes, sir. :

Q. And is not.the Board of Health, besides being the Board of

Health and having the management. of the quarantine system, a

board, also, for the preservation of the health of the city of New

Orleans ? |

A. Of the entire State.

Q. But-hasn-t it certain defined duties, mentioned in the nets of

1870, which relate more particularly to New Orleans and the clean-

ing of the streets ?

A. No, sir; they have nothing to do with the cleaning of the

streets. That belongs to the Department of Improvements. )

Q. But when you discover that the streets are in-an unclean con-

dition, is it not your business to invite the attention of the city au-

thorities to that fact ? ;

A. The board does that. — 7

96 Q. Well, is not the president of the Board of Health also

the recorder of births and deaths? — Dok

A. Ex-officio; not absolutely.

Q. Now, in this budget which is prepared by the city council to.

pay the expenses of the Board of Health, is any of that money given

towards the payment of the president ‘and other officers—the col-

lector—the attorney? )

A. Not a dime; not a cent.

Q. The four sanitary inspectors—does the city also pay for them?

A. The disinfectants; but the board has taken all the surplus

funds, when we have been thr eatened with disease, and nougrs these

disinfectants, and used them.

Q. Did you not, in a letter [to the] Speaker of the House of Repre- .

Ei a Ose state that the entire valley of the Mississippi was bene-

fited by the quarantine system ° ?

A. I did, sir.

Q. Is that not your opinion ?

A. Yes, sir. :

Q. Is not the boat of New Orleans and commerce of

97 this city greatly benefited by the quarantine system, in your.

opinion ?

A. Yes, sir; absolutely dependent on it to a certain respect.

Q. Did you not, in view of what you believed to be necessary, ap-

peal to the Legislature, through the Governor, for increased duties?

A. Small increase to make this diminution of the size—the num-

ber of ships—not 1 increase the fees.

Q. Didn’t the shipping interest of New O. — against that |

course?

A. Yes, sir.

8. Was it not the entire : shipping interest ?

shi peat li

a iglesia igs Nena enn eens abvatinnseiinan se Naaaasein

36 —Ss- MORGAN’S LOUISIANA & TEXAS R. R. & 8. 8. CO. VS. _

A. I don’t know. | :

Q. Well, as far as you know? |! ask you if this is not the memo-

rial and protest on the part of the entire interest?

A. I could not say without an examination of it.

Q. This petition here prepared and sent up by——

A. Mr. Whitney & Co. prepared it. oe

| Q. Well, is it not signed by all the marine interest?

98 A. Not by all. A number of others didn’t sign it. |

Q. Do you know the signatures of any of those people?

A. No,sir. | | ae

Q. Well, you have seen, the memorial ?

A: I have seen the printed memorial.

. Well, I ask you if this is not the printed memorial ?

A. I have not seen this copy, but I presume it isthesame. These

_ signatures I could not. Some said they didn’t sign, and others did.

Q. That is the original document.

Admission. ©

Counsel for defendants admits that these are the genuine signa-

tures, and that is the memorial that was presented to the Legisla-

ture. | : | :

Counsel for plaintiff offers in evidence the memorial marked “1.”

_Q. What firm did you say refused to sign ?

A. I can’t recollect. It strikes me Mr. York said something about

it. On certain questions he stated that he had not signed

99 that, but somebody told me they signed it through an utter

misapprehension of what the contents were, but J] made no

note of it. eae | , 3

By def’t’s counsel :

Q. Something has been said about the recordership of births &

deaths. Is not your time taken up with the recordership of births

and deaths? :

A. I have my deputy that attends to it. I simply supervise it,

and see that it is properly done; the diseases classified, and, in order

to protect the city from quarantine, we publish, every week, a con- —

solidated statement, and send it all over the world.

Q. Are any expenses of the recordership of births and deaths

taken out of any other fund than the fund raised through that?

A. No, sir; on the contrary, we give the quarantine all we can.

Q. From that particular fund ?

A. Yes, sir. | 3

Q. Then I understand you to say that you borrow constantly

100 from the different other funds of the Board of Health money

to supply the deficit in the quarantine fund?

A. Yes, sir, constantly; we sacrifice everything for quarantine.

Q. Does it ever happen the other way, that you borrow from quar-

antine fund to pay other outside expenses? ae

A. NotthatI know of.

Rn Ae LEE Ce I = MA A NM Font I

no-

id.

We CY

LOUISIANA,

BOARD OF HFALTH, &¢., AND STATE OF

Dr. Herrick, sworn for defendant.

Direct examination by Mr. ZACHARIE:

Dr. Herrick, you have heard the testimony of Dr. Jones and Dr.

Finney ? | .

A. Yes, sir. |

Q. Do you corroborate the statements that oe been made, so > far

as ge know ?

. Yes, sir.

_ Admission. |

It is admitted that if Dr. Herrick was interrogated in detail, as

secretary and treasurer of the Board of Health, that he would cor-.

roborate the testimony of the previous witnesses.

Q. Doctor, something has been said about collecting fees

‘101 = from vessels coming from Brashier or Morgan City around to

New Orleans; do you know of any such cases?

A. I don’t recollect of any cases where the fees have been col-

lected. My understanding is that as a matter of courtesy the fees

are not demanded of vessels leaving a port in this State and enter-

ing the quarantine, but I believe the law makes no exception.

The plaintiffs in this case exhibit a letter anes “C,” which

letter the witness identifies.

Cross-examination by Mr. Lrovy:

-Q. You were speaking about fees on vessels from Morgan City, do

I understand you to say they were never demanded ? |

A. I won’t say never, but my impression is that it is not customary.

The quarantine physician can answer the question better than I can.

Q.- Have you read the act which authorizes the collection of that

money.

A. I never read it except here this morning, and I find

102 nothing which makes an exception in (vessels) leaving the |

State.

Q. Have the board ever given you any instructions not to collect

on vessels coming from Morgan City ? Do you know if such reso-

lution [was] passed by them ? |

A. I do not know.

Admission.

It is admitted by plaintiff in this cause that if Mr. I. N. Marks,

chairman of the finance committee of the Board of Health, Col. A.

W. Bosworth and Mr. Edward Booth, also members of that com-

mittee,and Mr. Henry Kohlbaause, book -keeper of the Board. of

Health, were testifying, would corroborate the testimony of the pre-

ceding witnesses, so far as their knowledge goes.

. cag nee | Agreement.

It is agreed that the plaintiffs in this case shall hare a right of

referring to the statutes and laws of the wip ees 13 colonies

38 - MORGAN’S LOUISIANA & TEXAS R. R. & 8. S. CO. VS.

of the United States to show, prior to the adoption of the

103 adoption of the Constitution of the United States, by which

quarantine fees for inspections and disinfections were col-

lected & exacted. :

Continued to Saturday, December 9th, 1882, for argument.

Civil District Court, Division “C.”

MorGAN Co. :

| vs. No. 7001.

BoaRp oF HEALTH.

| ra SATURDAY, December 9th, 1883.

Counsel for defendant offers in evidence document. marked “10,”

offers report in so far as the quarantine is concerned, with the priv-

ilege reserved to each party of referring to these original documents

‘ during the argument in the supreme court, or other courts, without

the necessity of copying them in the records, marked “11” and “12.”

Te estimony taken, by Consent, December bth, 1882. filed Dec. 9th, 1882.

Civil Dist. Court, Div. “C.”

MorGan’s LovisIANA AND TEexas-R. R. & S. 8S. Company,

. v8. No. 7001. )

104. ©THE Boarp or HEALTH oF LOUISIANA.

Signature of witnesses to testimony given by them is waived, by

consent of counsel. | |

Captain J. W. HAWTHORNE, sworn. : 3

Direct examination by H. J. Lrovy:

Q. Captain, you are the captain of the steamship “Excelsior” of

the Morgan line? , :

A. Yes. | |

Q. How long have you been captain of the “ Excelsior”?

. This [is] the second voyage only, in this ship. |

. She is a new steamship? | | :

Yes. ey

. On what steamer were you captain before?

The Algiers.

How long were you on her?

I made 95 voyages on her, six years.

_ she one of the Morgan steamers?

es.

one eee New Orleans and New York all the time?

es | | : :

. No other place? -— : :

_ A. She did run from New York to.Galveston several trips.

105 Q. With these exceptions the Algiers was engafred all the

: time in the trade between New York and New Orleans?

A. She was. |

OPOPOPOPOP Op

“ww NF Ue t

BOARD OF HEALTH, &¢., AND STATE OF LOUISIANA. 39

On what v es were you prior to that—3 or 4 years before?

The one prior to her was the Josephine.

Texas steamers?

Yes; I have been on quite a number.

How long have you been 1 in command of steamers ?

Since ’66.

Are all the Morgan steamers iron vessels ?

All that I have ever been on.

. Are all the Morgan vessels iy! ing between New York and New

Orieans iron ? |

A. They are.

Q. How many are there?

A. Six.

Q. Are they constructed pretty much alike?

A. Well no, sir; 4 of them are alike, and the two last ones are

alike.

Q. What is the main difference between the first four and the last

two ?

106 A. The only difference i is in is size and some extra bulk-

heads and extra strength.

Q. The last two, then, have extra qualities ?

A. Yes, sir ; the two are the Algiers and Excelsior. .

Q. Will you examjne this plan marked “ M,” and tell me if it is

like the Algiers and the Excelsior ?

A. The forward hold, the after hold, the midship section, and the

pOrerorore

boilers are like the Texas ships. The Texas ships have two decks;

the New York ships have three.

Q. With reference to the space in which the bilge-water was found,

is not that substantially the same in all the steamers?

A. Yes, sir; they are alike. All the steamers are alike with ref-

erence to this space in which the bilge-water is found; that is be-

tween the frames and the bottom, between the flooring and the kel-

son.

Q. About what is the space between the flooring and kelson; how

many inches from the flooring to the bottom ? »

A. About 18 inches.

107 Q. Is there not wy generally bilge-water in that space of

18 inches?

A. No, sir; the water changes. The water runs through

the water course next to the flooring of the vessel, and it is pumped

out every fovr hours, nearly ; if itis necessary we let water in so as

to have the bilge of the ship clean.

Q.'Is that always clean? Isn’t there a time in which there i is

water there ?

A. No, sir; we are changing it all the time, to keep the bilge sweet.

It is necessary for the health of the vessel.

Q. Do you succeed in getting it pretty clean generally ?

A. Yes, sir. :

Q. How riany of these compartments are there between the floor-

ing and the kelson? (Counsel refers to Ex.M.) Do these marks

represent the divisions? | ‘

40 MORGAN'S LOUISIANA & TEXAS R. R. & 8. S. CO. VS.

A. These marks represent the fenmnes of the ship ; what you would

call the ribs.

Q How many of these divisions are there, about ?

A. I don’t know how many there are in the ship. I should think

there was over a hundred.

108 Q. Is that flooring pretty close that covers these spaces ?

. A. Yes, that flooring is supposed to be tight..

Q. The air can’t get in?

A. The air can get in, but not any water or dirt. It is made tight -

to keep the water and. dirt from getting through the floor into the

water course.

Q. With reference to this quarantine business, when you arrived

at the quarantine station, you always stop there ‘ ?

A. Always. :

Q. Summer and winter?

A. All the time; obliged to stop there.-

Q. What is the form that is observed by the quarantine physician.

A. Generally stop the ship; officer comes on board, pass the time

of day usually, and comes in my room, takes a seat ; asks me if the

crew are all well. I report these, and he gives me a ‘permit to come

to the city and goes ashore.

: Q. Does he examine the vessel at all?

ee A. Not at all.

? Q. How long does this interview last ?

109 A. About ten minutes, probably. He has to fill out in a

book that he has the number of the crew, the number of days

pa ssage, and the health of the crew, and if there are any passengers (we

ave none, don’t take any) then he ae me a permit to pass to the

cit

Q During the time that you were on the Algiers and the time

you have been on the Excelsior has that been. the uniform prac-

tice?

A. Yes, sir ; with one exception.

Q. You mean a single exception ?

A. Yes. There was only one voyage that he mustered the crew

and called their names by the rolls and examined them. :

_Q. How long ago was that?

A. Last year. I-don’t know the date ; but it was when the small-

pox. was North. |

Q. So that for the last six "years that has been the uniform prac-

tice with one exception ?

, A. Yes, sir.

Q. Simply to ask these questions and go at whol you have

described and give a certificate ? 3

A. Yes. .

Q. They never fumigated the vessel ?

110 A. Never. -

Q. What are the orders as to reporting sickness ?

_ A. If we have sickness on board we hage to report to the physi-

oa cian at the quarantine ; and if they gave no orders I would be :

coe obliged t to do it, ‘because it would be a State prison offence.

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BOARD OF HEALTH, é¢C., AND STATE OF LOUISIANA. 41

Q. I only wanted to know the orders of the company.

A. Yes; those are the organ of the company.

Cross-examination by Col. ZACHARIE:

Q. Will you please state a little more fully what you mean by the

water-course ?

A. There is a- opening in every frame, so that water may pass

freely through the frames the full length of the vessel.

Q. I understood you to say this is done for the purpose of pre-

venting the bilge-water from remaining there—to prevent the water

from stagnating—injuring health?

A. Well, it is certainly [as] necessary for the condition of the ves-

sel as it is necessary for a man to wash his face. He might go on

six months without washing.

111 Q. This bilge, the old bilge, is pumped out through pumps | 7

A. Yes, sir. .

Q. And fresh water is pumped i in through other pumps?

A. Yes; or let in by valves. |

Q. Now, by using copperas and carbolic acid through the pumps,

or through these valves, could not this carbolic acid and copperas-be-

made to permermiate the water through the frames the fall length

of the vessel? — |

A. Yes, sir. =

Q. Then it is not imipousilabe to disinfect that portion of the vessel

through the frames ?

A. Not in the least. : |

Q. Have you ever been on a vessel that has been infected with any

infectious disease aboard ? :

A. Never have. | |

Q. I understand you to say that these openings will admit of the

passage of the carbolic acid and the éopperas so that the bilge water

can be corrected through the pumps & the valves?

A. Yes, sir. i

112 Q. Since you have been plying in in this trade between

New York and New Orleans the city of New York has been

comparatively healthy—freed from infectious disease ?

Yes. |

Q. You spoke on one occasion on which this quarantine officer

-mustered the crew by the rolls { ig

A. Yes, sir.

Q. Was there small-pox in New York at that time?

A. Quite a good deal in Jersey, not so much in New York city ; :

most of the reports were from Jersey.

Redirect examination :

_Q. During a great part of this time, a you arrived at New

Orleans from New York, it was cold weather, was it not?

A. Yes.

6—898

42 - MORGAN’S LOUISIANA & TEXAS R. R. & S. S. CO. Vs.

Q. And you often left New York when it was freezing, and when

you arrived here you went through the same forms as you did at

2 - mid-summer ?

a. A. Yes, sir.

tom of the ship? |

A. Yes, sir.

113 Q. These limber-holes are on top.of awe angle lines ?

A. . Yes, sir.

Q. These angle lines, about how deep?

A. About three inches.

Q. Now, then, the pumps can’t take away any water below that

three inches ‘ ?

A. No, sir; not below that.

Q. Hence there j is a certain amount of water in the ship always?

A.. Always.

Q. That cannot be pumped out ‘ ?

A. Yes, sir.

Q. Now, that drawing represents the ship on an even keel?

A. Yes, sir.

Q. Now, when the ship is by the stern—she is generally by the

stern 1 ?

A. Yes, sir; generally about a foot and a half to three feet.

Q. By the expression “by the stern” you mean Geoper in the

water at the stern than the rest of the vessel?

A. Yes, sir.

Q. Now, when a vessel is in that condition, the water runs aft

does it not?

A. Yes, sir; certainly.

| Q. The result of it is that there is no water in the forward

114 part of the ship, except that that is below the angle line?

_ A. Below the angle line

Q. When the ship is in that condition will the pumps draw out

of the ship the water that is in the forward part of her?

_ A. No, sir; you will have three inches of water there, sir, left in

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Q Now, from this deck (referring to Ex M), down along the side

of oe ship, are there not leading into the bilges scuppers or pipes

for draining ?

A. Yes, sir. |

Q. That draw of the water from ihn main deck to the bilges % ?

ii 2 A. Yes, sir.

- - 2 Consequently all the water from the main deck goes into the

iy bilges ?

A. Yes, sir.

Q. Do you not have a great deal of trouble with this bilge water?

A. Well, we never have had with ships that I have been on.

Q. Have you not had your. oe CoetAGY discolored with this

bilge water ? '

_ A. Yes: that has occur-ed. sc :

Q. What is that caused by ?

Q. Captain, in these frames ; are secured to angle lines at the bot-

BOARD OF ,HEALTH, &¢., AND STATE OF LOUISIANA. 43

115 A. Of course that is caused by the stagnation of er

Q. If you can pump all the water out of the ship, there

should not be any stagnant water in her.

A. Not if you could pump it all out.

Recross-examination :

Q. You don’t mean to say, Captain, that there is three inches of

water that remained in the bottom of the ship, between the angle

lines, all the year round, for instance ?

A. It would remain there, but we have fresh water in; it changes.

But there is always about three inches of water there ; we cannot

keep it out.

Q. That is to say, when you open your valves the water will flow

over these angle lines, and then the surplus will go over into the

next one, and so on through the ship. —

A. Yes. | , : :

Q. Then, would not this cop eras and carbolic acid that is put

into these valves permeate the a in the same way along with the

water ? |

A. Yes, sir, if it was put into the forward part of the ship. When

we speak of these three inches of water, that is not all over

116 =the bottom of the ship, but runs just like that (making a

gesture).

Q. By the letting in of that water, charges with carbolic acid and |

copperas, it: would go into these spaces, and the surplus would go

over the limber. :

A. Yes, sir.

By counsel for ptf:

Q. mvery year these floors are taken up and the shige cleans out

th-roughly ?

A. Yes, sir.

2. What do we find in the bottom of the ships when that is done?

. We generally find sand, rust, and just the settlement of the

Pot Mississippi water—anything of that kind; some little mud.

Q. Was there not taken out barrels of it ?

A. Certainly ; frequently.

Q. How long will it take to th-roughly clean a ship like the Al-

iers ?

: A. If we have time, it would take three weeks to properly wash it

and sponge it u

Q. You fs: 9 that that is done once a year.

A. Once a year.

By Col. Riana: e as

Q. Suppose a ship came here with yellow fever or sinall-pox,

117 —_and it was necessary to disinfect her, how long would it take

| to permeate the whole of that water course with carbolic acid

or copperes ! | | | of eee oe

44 MORGAN’S HOUISIANA & TEXAS R. R. & S. S. CO. VS.

(By Mr. Lrovy: Wouldn’t that depend on the quantity °)

A. Have it through the water-course it would take a very short

time.

Q. I understand you to say before that there’ is some portion of

this bilge water that is not reached by the ordinary processes and

remains until they clean at the end of the year?

A. Certainly; between the angle lines.

Q. That same water does not remain ?

A. No, sir; we wash the ship out and of course that changes it.

By Mr. Leovy:

Q.. But you said a great deal remains, so that when you take the

vessel over to be cleaned there is a great deal of dirt and sediment .

remains ?

A. Yes, s

118 Captain Ricnarp Hinz, sworn for plaintiff.

Direct examination :

Q. You are captain of what vessel? .

A. Gussie.

Q. How long have you been captain of the Gussie ?

A. Since 1876.

Q. Between what ports is the Gussie plying now ?

A. Between Havana, Indianola, and Texas.

Q. Between what ports ?

A. lI have made very few trips between Morgan City and Galves-

ton.

Q. Have you made any trips between New Orleans and other

are. Lately I have.

Q. How long a time did she run between Havana & New Or-

eans 7 |

A. I think, about 8 years between Indianola and Galveston.

Q. Have you not made trips on the Gussie between New Orleans

and Havana ?

_ A. I never made a trip on the Gussie between here and Havana,

but I have come from Havana to New Orleans a good many

times.

119 QQ. Can you saan her about how many» trips you have

made? |

A. I suppose about a dozen.

Q. What steamer were you on before [the] Gussie ?

A. A few months on the Hewes.

_ Q. Same business ?

A. We ran to Texas.

Q. Did you not sometimes come from Havana to N ew Oxteane on

the Hewes?

i leSibidics Sab Minha abseil ans an 2 Sige

‘

Bsn gethes,.

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA. | 45

Q. Then you know all about famigating vessels at the quaran-

tine stations?

A. Yes.

Q. When did you make your last trip from Havana to New Or-

eans?

A. As near as I can remember, it was this last August on the

Gussie. :

Q. Will you state. what is the mode of fumigating a vessel at the

quarantine on the Mississippi?

A. By putting 2 kettles, one in each hold, those of our elevators,

and in the cabin. 7

Q. Describe those holds.

A. A kettle is put in the after hold, the forward hold, and one in

the cabin.

Q. What is the material with which they fumigate?

A. Sulphur.

120 Q. During the last summer, did they use anything else

than sulphur? :

A. They used carbolic acid in our cabins, between the mattresses,

and in the clothing of the crew.

— Q. Every trip?—

Yes.

Nothing used but carbolic acid and apne?

Never seen anything else. |

How much did they use on each trip?

I suppose about 5 to 54 pounds in each one of the pots.

Do you know how much 53 pounds of sulphur is?

I think each pot is about the size of my hat.

You know how much 5 pounds is about?

That is just about as far as I can guess.

You say they used 3 pots of about 5 pounds each ?

Yes, sir. }

It was burned ?

It was burned in the |

He kept you there till “ie burned that?

A. Yes, sir.

Q. How long?

A. Until they opened the hatches?

Well, about 3 or 4 hours.

Were you kept down there all that time?

. Yes, sir; ten days.

Did they repeat that more than once?

Only once.

Once during the ten days—the first day! ?

No, sir; about the third day.

How much carbolic acid did they use?

Might use a gallon. ?

. Where was that placed? | :

. Well, it was used in the cabin between the mattresses, through

the sailors and crew clothing, and the iapenen, and saree about

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46 "MORGAN'S LOUISIANA & TEXAS R. R. & S. 8, CO. VS.

Q. Was it ever used in large quantities so as to descend and run

where this bilge water was?

‘A. No; that would require a barrel to do it; our ship is con-

structed different from that; it would simply run in a small

122 gutter from one end to the other; wouldn’t run at all.

Q. Examine this plan marked “ M, ” and state whether your |

vessel is constructed like that.

A. There is a gutter under the frame forming the keel in the

“ Gussie.”

Q. In your ship the bilge-water would be ip that _ beneath

the framework ?

A. Yes.

Q. Have you ever seen the carbolic acid so distributed, and in

sufficient quantities to reach the bilge-water; do they ever put car-,

bolic acid in such shape as to destroy any germ in the bilge-water ‘ 2

A‘ I hardly think so, simply because we have no bilge-water in

the ship.

Q. Did you ever see them put any carbolic acid in the bilges?

A. No, sir.

> chee they ever ~ any carbolic acid below the main deck? .

O, sir. )

Q Did you ever see them pour the carbolic acid in the

123 vessel at all, except as you have stated, between the beds

and in the manner you have already stated ? ;

A. Not down here; I have not.

Q. Have you seen them so use this carbolic acid so as to destroy

any poison that may have existed in the bottom of your vessel ?

A. No, sir; I have not.

Q. The most they used was how much 1 ?

A. As I told you before, I think little less than a gallon.

Q. Was any sulphur ever put in the boiler, or coal-bunker space?

A. No, sir.

Q. Did they ever put any in between decks ?

A. Yes, sir; we have on one or two occasions.

Q. Whereabouts 3 as

A. One in the forward, and one in the after hold, at the bottom,

on the floor, & one between decks.

Q. Did they ever put any in the ——— ?

A. No, sir. |

Q. In the after-peak ?

A. No, sir. |

Q. Of either sulphur or carbolic acid ?

124 A. No, sir.

- Q Is there not a water-tight iron bulkhead between the for-

ward hold and the coal bunker?

A. Yes,sir.

Q. That separates the forward hold from the boiler space ?

A.. Yes, sir.

Q. Is there-not another bulkhead at the. after end of the boilers

. which separates that —_ from the after aed} 2,

pr Ads a sir.

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA.

Q. Is there any means by which the fumes of the sulphur i in* ‘the

forward or after hold could reach the boiler space ?

A. No, sir; not as I know of. _

Q. How long is it from the bulkhead to the after end of the

engine’ ?

PPererers

Yes.

BoPerererererer

over them.

Q. Are they air-tight then?

A. Not exactly; but they are pretty tight though.

126 Q. Are the openings around the engine tight: 7

A. No; not quite though.

Q. Are they not open ?

A. There is 2 doors and a hole.

Q. Are these doors shut?

A. No; they were open.

Q. Nothing to prevent the faomen of the sulphur fi from goin- out é of

these doors?

A. Not at all.

Q. How is your ship iene sie! eee

A. Well, I think, call it about 10 inches by the stern just now—

that is the way we came from Havana last—10 or rill inches by. jee

stern.

. I suppose about 60 feet. 3

That space extends entirely across the ship? |

. Yes, sir. ,

The entire depth of the wach ?

Yes, sir.

In which was no sulphur 1 was ever burned ?

No, sir.

Nor carbolic acid used ‘ se

A. No, sir. :

Q. The carbolic acid was call used in your cabin and i in

_your forecastle? }

. Yes, sir.

Sprinkling it on the clothes? What did they wenn it with?

Through a bottle and syringe.

As near as I could judge, about 15 inches i in diameter. ;

Have you weighed 5 pounds ?

As near as I could judge.

Have you not weighed 5 pounds of sulphur?

Did you not weigh 45 poupea of sulphur’ ?

Yes, sir.

How large a box did it take to hold it?

. 11x11x13 inches.

. When they burned this sulphur they closed the hatches of the

upper deck ?

A. Yes, sir.

~Q. Are these hatches air-tight? | ‘f

A. No; they are not exactly air-tight; but we put « our tarpaulins

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48 -_ MORGAN’S LOUISIANA & TEXAS R. R. & 8. 5. CO. VS.

Q. Has the quarantine physician ever fk any sulphur, any

‘eerbalic acid, or copperas in the bilges? ?

A.. No, sir.°

Q. Never have attempted to do so?

A. No, sir.

Q. Has there ever been any attempt to clean in any aape the

- bottom of the ship at the quarantine station ?

A. No, sir. _

Q. Nor in the fore-peak nor the after-peak?

s A. No, sir.

«TV Cross-examination :

Q. I-understood you to say, Captain, in your examinatin- in-chief,

you had no bilge-water?

A. Exactly; we have none, except back of there.

Q. How much have you there?

A. Wecan take out except within an inch.

Q. Now, I understand that above these bilges srsestiole is a perfectly

tight flooring,.isn’t there? ?

A. Yes,sir. .

Q. So that the yy escape for the bilge would be by the roll of |

the vessel.

A. That is all.

es a ae you have valves by which you let water in to waa out the

ilges?

a We have a valve todoso. When I come in the river here I

put fresh water in. |

Q. Where did you say these doors and openings lead from ?

“A. From between decks into the engine-rooms.

Q. They remained opened? —

A. Yes, sir. :

128 Q. And you say that the hatchways with the tarpaulins

» . over the after hold are pretty tight, enough to shut in the

fumes of the sulphur. |

A. Yes, sir.

Q. And over the engine-room ?

A. Don’t have none there; can’t close it.

Q. Are you certain that they only burned sulphur i in that vessel

once? :

A. Only once at, each quarantine. -

Q. Wasn’t it more than that ; each ten days?

A. No, sir.

Q. Didn’t the quarantine physician visit you almost daily ?

A. Well, not daily, but he would come aboard 5 or 6 times during

the time that we were aboard? :

Q.. You had no disease aboard ?

A. None.

‘Q. You simply came from an infected port?

A.- Yes, sir.

‘BOARD OF one, AND STATE OF LOUISIANA. - 49

Q. Have you ever been ona coiike in quarantine when she act-

ually had disease aboard * ?

A. Never, sir.

Q. Could ‘they have used copperas or carbolic acid ne? with the

bilges without your knowing it?

129 A. I don’t think | : |

Q. You are not certain, however. You are not always on

duty ?

A I am always on duty when the doctor is aboard.

Q. Suppose the doctor came aboard when you was not on watch ?

A. I am on deck.

Q. Isn't it possible he might come aboard when the first officer 1 is

in charge?

A. Don’t make any difference; I am on deck when the officer ar-

rives. . |

Q. In the ten days?

A. I am on board when the doctor comes to meet me.

Redirect examination :

Q. When they put that sulphur down in an forward and after

hold, was there any way in which that sulphur could reach the space

around the boilers and engines?

A. It would have to come out of the forward hold and go——

Q. What is to prevent it going out of the doors?

A. Well, it might go on b 9 : |

Q. When it got on deck it was out.

| A. Of course.

130 Q. These openings around the engine frames are always

! open? , |

A. Ege sir. |

Q. Have you ever been down the boiler space whom they were

fumigating ?

. No. | |

Q. Is it possible that the etienninn doctor could come akon of

your ep and put any sulphur into your bilges without you know-

Ing it?

A. I was never told by any. officers that go down with him.

Q. Wouldn’t you have found out?

_ A. I think they would have told me.

Q. ce hee you have found it out?

Q. Is it possible for these officers to come uel of your ship and

fill your vessel with a solution without your knowing it?

A. No, sir.

By Mr. ZAcHARIE:

Q. That I understand that wheres anything of this kind was

done the Ist officer went down. below decks with the quarantine |

physician ?

A. Yes, sir.

| Q. You didn’t see that officer ? ?

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50 \ MORGAN'S LOUISIANA & TEXAS R. R. & S. S. CO. VS.

131 A. No. | | | |

~Q. Do you know, of your personal knowledge, that there

was no carbolic acid ?

A. I inquired from the officers, and they told me no.

Mr. A. H. Hutcurnson.

Direct examination:

Q. When a number of these steamers were constructed you were

at the North superintending?

A. I have superintended the construction, repairs, and cleaning

them up. } . Lie |

Q. Can you name some of the vessels?

A. Well, I saw most of them, during the time they were being

constructed, at different stages. S

. You are, then, familiar with the construction ?

A. Yes. : a eet

. Was that the case with the Excelsior?

. I have been aboard of her twice.

. Have you often seen the vessel when in dock here?

. Yes, in every case.

. You mean this past year?

. Since ’53. | :

. QQ. Have you made it your business to go over and occa-

132 sionally examine them while they are being repaired ?

| Yes, sir.

Q. Examine this Ex. “M” and explain some of the points about

which we have been speaking. Please state what is the meaning

of these ribs and the divisions between. Don’t these correspond |

POPrOPrO

with ribs of wooden vessels ?

[A.] Each one of these lines represent an iron frame, which extends

across the bottom of the ship; these frames extend crosswise; then

there are other frames that extend the whole length of the ship

longitudinally ; these frames are probably four on each side of

‘the kelson, making eight in-all, which divide these compartments

up into a great many.

A. They. vary from 18 inches to 24.

Q. About how many of these compartments are there—divisions?

A. There are certainly not less than 300 divisions—300 compart-

ments; I mean in both ways. :

Q. Will you explain how it is possible for bilge-water to

183 remain in these vessels, and where, without further questions?

A. The water, small portions of the water, remain behind

the angle lines, for the reasons that there is no way for the water to pass

underneath them, and, as a result, objects collect in there of all de-

scription ; the presence of this water creates what is called bilge-

water, which is to be found in all our ships and in all vessels that

I have ever seen, and almost invariably in a rough passage when

this sediment & filth in the bottom is agitated by the rolling of the

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BOARD OF HEALTH, &C., AND STATE OF LOUISIANA. 51

paint all over the ship, and is perceptible by its smell whenever the

ship is entered. )

~ Q. Isn’t there more of that bilge-w ater in the stern than forward?

A. All vessels usually being deeper by the stern bow, this water

collects in the after part of the ship, and here it cannot ‘be reached

by the pumps; for. this reason, I ‘have never seen a vessel

134 that was entirely free of bilge-water.

Q. State how it is when the repairs are made at the pee al

the year.

A. I would state that there is.a wooden floor ; on top “ the frames

is a double floor made tight for the purpose of. preventing as much

dirt as possible from going into the bilges; but in spite of this pre-

caution the dirt gets in by the scuppers or tin pipes which lead from

the upper decks, and in the working of the ship in bad weather at

sea these floors open and let the dirt through. What is called the

fore-peak of a ship is a water-tight iron bulkhead placed entirely |

above the vessel, and from 15 to 20 feet from the bow, in some cases

more—30 feet; this space (the vessel being very sharp) i is very small,

and in its lower portion is impossible to reach. So much so that

even in our annual cleaning there are portions of it that we cannot

reach. The same applies to the bulkhead in the after part

135 of the ship, where the vessel is sharp near the sides is so lit-

‘tle that even a boy can’t get down between the frames to clean

out the ships; and the filth that accumulates there remains for

years. I have seen it in ship 10—12 years old where the plates were

taken off and the filth for the first time exposed.

\. State how much dirt is taken out at the annual cleaning.

A. At the annual cleaning of the ships there are tons of dirt taken

out of the bilges. This dirt is composed of sand, mud, sugar, mo-

lases, tallow, brine, making as filthy a mass as is possible to im-

-agine. It requires trom 3 to 5 or 6 weeks to thoroughly clean one of

the ships, depending entirely upon the size. To do this the entire

wooden floors are taken out; all the bulkheads, all the compart-

ments exposed. They are then thoroughly scraped. When scraped

and coal-tarred, the wooden floors are then put back. To explain

how water remains in the bottom of a ship, we very frequently

136 damage cargo in consequence of the excessive rolling of the .

vessel, the few inches of water that remain in the bottom of .

a ship sw ashing back and forth with so much force as to be driven

through the floors and damage the cargo that has stood on this floor,

I have known our New York ships arrive here with a cargo of as-

sorted merchandise, and when we reached the lower tiers in the after

end of the hold they were badly damaged from 6 to 7 inches above

the floor, and that no water remained on the floor. This water had

been forced through the floors by the rolling of the ship, and yet

every precaution is taken to prevent this. Sounding tubes are

placed in the hull of the ship, running to the upper deck, through

which the officers are able to sound and ascertain what water there

is in the bottom of the ship, and it is by these sounding | tubes that.

they control their pumps; but when the vessel is rolling, this

137 water i Saening back and forth, it is impossible to pump it out,

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52 - MORGAN’S LOUISIANA & TEXAS R. RB. & 8. S. CO. VS.

as the pumps are senaraliy sucking, the water being thrown

away from the pumps by the rolling.

Q. How much carbolic acid would it require to disinfect the bilges:

you haveseen the carbolic acid and used it often; take some barrels?

A. Take a ship 300 feet long and 40 feet wide, the average width

would be about, probably, 30 feet in the bottom of the ship; hence

that would represent a space 300x30x (about) 18 to 24 vs deep,

which would hold a great many hundred gallons of the solution ;

I don’t know how many.

Q. wus: it not be difficult for that solution to reach the bilge

through and through?

A No. the solution can be run into the bilges, but it will take

on enormous quantity to fill them up.

Cross-examination :

Q. That I understand you to completely cleanse, disinfect, these

bilges, that it would be necessary in the first place to take up

138 the flooring, which rests above the frames?

A. Yés, sir; often that won’t even do, then we have to take

up the omy to get at this or that; we have to take the plates off.

Q. Then it would be practically impossible to disinfect that por-

Pn of a ship?

A. I have always said it would be practically impossible to disin-

fect a ship, for the reasons that it will take weeks of time, and the

ship would literally have to be torn to pieces.

DocUMENTS OFFERED IN EvIDENCE IN ForEGoING Macetiamire:

Document marked “A,” offered in Evidence by Defendant. Filed Dee.

2d, 1882.

Expenditures for Quarantine Purposes.

139 . Total receipt :

.. |At Riggs-l|At Atcha.| Total expen- P

Year. a lettes ee falaya Sta- gata ditures ow fro ee

* | tion. tion. F quarantine. = ee —

ions.

1869 -_..._.| 15,019 85| 2,914 32 | 1,474 60 | 6,254 95| 25,690 72 28,545 10

1870 ._-. -_- 13,201 28 | 2,543 21 | 2,259 50 | 6,679 18| 24,683 17 24,910 10

OED vanced 14,285 19; 1,940 64 | 1,308 10 | 7,546 65| 25,080 58 25,119 50

SN es 12,402 84 895 35 981 00 | 6,487 59| 20,716 78 21,671 10

ere bc beu. 13,493 73 | 1,557 08 699 10 | 7,108 58| 22,853 4 21,961 34

1874 .~_.___| 11,557 10 880 85 190 00 | 7,080 24; 19,208 19 20,008 25

1676 cose 9,598 59} 1,347 97 | 1,320 00 | 13,775 83; 26,042 39 13,801 50

1876 -...---| 14,088 97 662 32 | 5,180 00 | 6,548 10| 21,296 19 20,061 17

1877 ----_--| 9,314 71! 1,387 66 847 50 | 6,519 94] 18,069 81 15,471 45

1878 .__.-_- 18,858 50; 929 19 711 91 | 8,720 17| 24,220 15 21,024 50

1879 .-...__| 9,869 21] 1,599 23 | 1,134 49 | 10,104 89| 22,707 82 18,315 25

1880 .__.__- 14,888 91] 1,720 17 813 83 | 8,294 84; 25,217 75 | 22,046 50

1881 ._..___ 17,674 47! 1,586 93 690 00 | 7,272 30| 27,273 70 18,555 50

1882* ______ 10, Lead 89} 1,526 95 460 00 | 7,529 81 19,665 65 13,486 50 |

ERM idee

Te es

EE — <—_

FE EN eB NENT a Rate eee

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA. . 53

‘

140 Document marked “B,” offered in evidence by counsel for

_ ~pl’ff, filed Dec. 2d, 1882, is offered in the original —

Letter marked “ C,” Offered in Evidence by Plaintiff. Filed Dec. 2d, 1882.

OFFIcE or Boarp or HEALTH,

~ Corner Royal and St. Louis Streets, State of Louisiana,

Joseph Jones, M. D., President, |

_§. 8. Herrick, M. D., Sec. & Treas. oe :

NEW ORLEANS, Sept. 9th, 1882.

Messrs. C. A.. WHITNEY & Co.

GENTLEMEN: Our collector reports your refusal to honor a recent,

draft of $20.00 for fumigation of the S.S. Gussie, from Havana. We

have just received a similar draft from the S..S. Morgan. I am in-

structed by the president of the board to say that if those draf-s for

fumigating are not paid, it will be necessary to notify the

141 quarantine physician to cease the fumigation of the steamers

of your lines, and to have the cargo-s discharged into the U. -

S warehouse, and detained for such time asthe Board of Health

may find necessary, to effect — by exposure to the air.

Respectfully, y’r ob’t s’v’t :

(S’g’d) | S. S. HERRICK, M. D.,

| ee ee Secretary, &c.

Statement of Dr. Finney, Filed Dee. sth, *82.

- Morean’s R. R. Co.

v8. . No. 7001. C.D. C.

BoarD OF HEALTH.

New ORLEANS, Dec. 9th, 1882.

This i is to certify that every vessel at the Miss. river quarantine

‘station for the purpose of disinfection and fumigation are subjected to

treatment with sulphurous acid gas, carbolic acid, and sulphate of

iron.

142. The quantity of each of these materials used depends upon

the size & sanitary condition of the vessel, varying from 75 to

300 or more pounds of sulphur, one to five gallons of carbolic acid,

& 25 to 150 pounds of sulphate of iron. In some cases, vessels have

been disinfected and fumigated as many as five and six times dur-

ing the same period of detention. The usual strength of the car-

bolic acid solutions used is one part to 50 of water. The size of the

iron pots used in burning the sulphur varies from four to twelve

gallons capacity. 3

(Signed) . WSJLF. FINNEY, M. D.,

| Resident Physician Miss. River Quarantine Station.

Cross-examination waived.

| (Signed) LEOVY anp KRUTTSCHNITT,

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~ Notre.—The exhibit marked “ M,” referred to in the testi-

143. mony and offered in evidence by counsel for plaintiff, is an-

nexed fo this transcript in its original form. |

Document marked “10,” offered in evidence by counsel for defend-

ant, also is offered in its original form. | :

The documents marked “11” & “12,” offered in evidence by coun-

sel for defendant, it is agreed to go up in their original form.

Case Submitted. Extract from the Minutes of Division “oO”

| | C. D. G,, Div. “C.” |

a DECEMBER 97H, 1882.

Present: Hon. F. A. Monroe, judge:

Moraean’s Louis1ana AND Texas R. R. & S. 8. Co. \ |

eee US. i >No. 7001.

THE Boarp or HEALTH OF THE STATE OF LOUISIANA: j

This case, continued to this day, wascalled. Present: Counsel for

both parties. When, after hearing additional evidence &

144 argument of counsel, the case was submitted with leave to

file briefs within one week.

Reasons for Judgment. Filed January 2d, 1883.

Div. “C,” Civil District Court for the Parish of Orleans.

Morean’s La. & Texas RAILROAD COMPANY

te vs. No. 7001.

Boarp OF HEALTH.

Plaintiff owns a number of steamships, which are engaged in the

business of commerce between the port of New Orleans and various

other ports in the United States andelsewhere. Under the quarantine

laws of this State each of these ships entering the port of New Orleans

through the mouth of the Mississippi river is required to report at the

quarantinestation established by theState authorities at the latter point °

for the purposes of inspection, and, if necessary, of disinfection.

145 Whentheship hails from a port in which yellow fever does not _

usually prevail, and in which no contagious or infectious dis-

ease is reported to exist, and has not touched at any such port, and has

notcome in contact with any vessel having any contagious or infectious

disease on board, and there is no.contagious or infectious disease actually

on board such ship, and she is not in a foul condition, the master, upon

paymentof the sum of thirty dollars, is furnished by the health officers

at the-station in question with a “permit” to proceed with his ship

to the city of New Orleans. When, however, the ship comes: from

a port in which yellow fever usually prevails, or in which some con- |

tagious or infectious ¢elisease 1s reported to exist, or has touched at

such ports, or has, come in contact with some vessel having such dis-

ease on board, or actually has such disease on board, or is in a foul

condition, she is detained at the station, and subjected to a process

BOARD OF HEALTH, &C., AND STATE OF LOUISIANA. 86

| of disinfection by fumigation and other methods, after which,

146 ‘and upon payment of $30, mentioned above as the charge for

the inspection, and of an additional sum of from $20 to $25

as the charge for disinfection, the “permit,” or certificate, is given,

and the ship is allowed to enter the port. The particular statute

under white the fee or charge of $30 is exacted is the act No. 69,

of 1882, which reads as follows:

“Src. 1. Be it enacted, etc., That the resident physician at the quar-

antine station on the Mississippi river shall require for every inspec-

tion and granting certificate the following fees and charges: For

every ship, thirty ($30) dollars; for every bark, twenty ($20) dollars;

for every brig, ten ($10) dollars: for every schooner, seven dollars

and 50 cents ($7.50); for every steamboat (tow-boats excepted), five

($5) dollars; for every steamship, thirty ($30) dollars.

“Sec. 2. That the Board of Health shall have an especial lien and -

privilege on the vessels so inspected for the amount of said fees

and charges, and may collect the same, if unpaid, by suit

147 ' before any court of competent jurisdiction, and in aid thereof

Ss, shall be entitled to the writ of provisional. seizure on sane

vessels.

By virtue of other omualiian of law, which it is unnecessary to

— the Board of Health requires the payment of $20, or $25 ad-

itional, as the cost of disinfection when such treatment is considered

necessary. The object of the present suit is to perpetually enjoin

the collection of these charges, and to restrain the Board of Health

from detaining the plaintiff’s vessels because of their non-payment,

or from enforcing the quarantine regulations as against said vessels

in a more oppressive manner than against others.: The plaintiff

alleges that the laws which are, in so far as they purport to authorize

the exaction of the fees and charges i in question, are null and void,

in that they contravene—_

1. Article 1, section §, paragraph 3, of the Constitution of the

United States, which provides that— |

148 “Congress shall have power to regulate commerce with

foreign nations, and among the several States, and with the

Indian tribes.” |

9d. Art. 1, section 10, paragraph . 3. which provides that— ¢

“No State shall, without the consent of Congress, lay any duty of

tonnage.” :

3.: Article 1, section 9, paragraph 6, which provides that—

“ No preference shall be given by any regulation of commerce.or

revenue to the ports of one State over those of another, nor shall

- vessels bound to or from one State be obliged to enter clear or pay

duties in another.” |

It is hetsathalble. in view of the fact that the convention wii

adopted the Constitution of the United States distinctly determined,

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56 ‘MORGAN’S LOUISIANA & TEXAS R. R. & S. 8. CO. VS.

after the most elaborate and earnest discussion, that the States

149 should not be. allowed, without the consent of Congress, to

levy duties of tonnage for any purpose whatever, that it

should still be considered a subject for discussion as to whether such —

duties may not be imposed for the support of a police or quarantine

regulation established by a State for the protection of the health of

its citizens. .

In order to show how clearly this whole subject was placed before

the convention, I quote the following passage from the History of

the Constitution of the United States by Judge Curtis, vol. 11, p. 370.

He says:

“In order to vest the supervision and control of the whole aks

in Congress, it was further provided that no State, without the con-

sent of Congress, shall lay any duty of tonnage. An exception, pro-

posed by some of the Maryland and Virginia members (of the con-

vention which adopted the Constitution), with a view to the

situation of the Chesapeake Bay, illustrates the object of this

150 ~=provision. They desired that the States might not be restrained

from laying duties of tonnage for the purpose of charging

harbors and erecting light house.. It was, perhaps, capable of being —

.contended that, as the regulation of commerce was already agreed to

be vested in the General Government, the States were restrained by

that provision from laying tonnage duties. The object.of the spe-

cial restriction was to make this point entirely certain, and the object

of the proposed exception was to divide the commercial power, and

to give the States concurrent authority to regulate commerce for a

particular purpose; but a majority of the States considered the re-.

gulation of tonnage an essential part of the regulation of trade.

“They adopted the suggestion of Mr. Madison that the

151 regulation of commerce was in its nature indivisible and

ought to be whol-y under one authority. The exception was

accordingly repealed.”

It is certainly capable of being contended, with great force

of reason, with reference to the particular exception proposed in

the convention, that the clearing of harbors and the erection

of light houses might be regarded as a service rendered to com-

merce, and that in paying therefor the commerce of the country

would merely pay for service rendered. Theconclusion of the con-

vention, however, appears to have been that the power to improve

compulsory charges or exactions for any purpose or upon any pre-

text involved the power to regulate commerce, and that this power

ought to be vested in the General Government and be undivided.

They, therefore, refused, as we have seen, to adopt into

152 the Constitution an exception permitting the States to lay a

duty of tonnage to clear harbors and erect light houses.

They did, however, adopt a provision, which has the appearance of

an exception to the clause vesting in Congress the power to regulate

commerce—I refer to paragraph 2, sec. 10, art. 1, which provides

that— “

BOARD OF wesewe.. &C., AND STATE OF LOUISIANA. — ‘67

* No State shall, without the consent of Congress, lay any impost

or duties on imports or exports, except what may be absolutely nec-

essary for executing its inspection laws, and the net produce of all

duties and imports, laid by any State, or imports or exports, shall

be for the use of the Treasury of the United States, and all such

laws shall be subject to the revision and control of the Congress.”

Iti is conceded that the inspection laws thus referred to are such laws

as may be enacted for the inspection of merchandise, and that the

imposts or duties in question are such as may be imposed

153. upon merchandise. ‘This exception, therefore, in no,way af-

fects the prohibition contained in the very next paragraph

of the same article, to the effect that “No State shall, without the

consent of Congress, lay any duty of tonnage.”

Since, the duty of tonnage is. levied upon the ships, and is net an

impost or duty upon merchandise imported or exported. The ex-

ception is attached to the prohibition to which it relates, whilst the

prohibition against the laying of duties of tonnage stands alone and

without exception. Norcant this exception be held to affect the power

of Congress to regulate commerce. Ir n “Gibbon vs. sa nene ”9 Wheat.,

205, the Supreme Court said:

“The object of the inspection laws is to improve the quality of

article produced by the labor of the country, to fit them for expor-

tation, or it may be for domestic use. They act upon the subject

before it becomes an article of foreign commerce, or of com-

154 merce among the States, and prepare it for that purpose.”

So in the case of “ Brown v8. Maryland,” . 12 Wheat, 420, it was

said :

“The tax or duty of inspection is frequently, if not shisnieis paid

while the article is in the yeti of the country; * -* the excep-

tion was made because the tax would otherwise have neon within

the prohibition.” |

Considering the language last above quoted, it occurs to the mind

at once that even if this exception should have the effect of leaving

with the States the power to regulate commerce for the purpose of

the inspection of merchandise, this results solely from the fact that

said exception is embodied in the Constitution; but, when we fur-

ther consider the limitation to which the exception is subject, it be-

- comes more and more manifest that it can have no such effect, since,

: in the first place, it is provided that the net revenue of all

155 such imposts shall be for the use of the United States Treas- —

ury, thus confirming the interest of the State in the matter

_ to the actual cost of the inspection, and guarding against the use of —

the power referred to as a means of regulating commerce; and, in

the next place, it is provided that “all such laws shall be subject to

the revision and control of the Congress,” so that if, perchance, in-

spection laws were used for the purpose of regulating commerce,

Congress could at any time remedy the evil by proper legislation.

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St may safely and properly be said, therefore, that there is not to be

found upon the face of the Constitution a single exception to the

rules: that Congress alone has power to regulate commerce, and

that the States, without the consent of Congress, have no power to

levy duties of tonnage.

| After the adoption of. the Constitution, it being conceded

156 _—i that the States had not divested themselves of the power to

establish and enforce their own health and public regulations,

and there appearing a possibility that these regulations might in-

terfere with, or be interfered with by, the laws passed by Congress

for the regulation of commerce, certain acts were passed by the Con-

gress, concerning which Chief Justice Marshall used the following

language, to wit: : :

_ “The acts of Congress passed in 1796 and 1799, empowering and

directing the officers ot the General Government to conform to and

assist in the execution of the quarantine and health laws of the State,

roceed, it is said, upon the idea that these laws are constitutional.

It is undoubtedly true that they do proceed upon that idea, and the

- constitutionality of such laws has never, so far as we are informed,

been denied. But they do not imply an acknowledgment

157 ~=—sthat a State may rightfully regulate commerce with foreign

nations or among the States, for they do not imply that such

laws are an exercise of that power, or enacted with a view to it; on

the contrary, they are treated as quarantine and health laws, are so

denominated in the acts of Congress, and are considered as flowing

from the acknowledged power of a State to provide for the health of .

its citizens. But as it has appeared that some of the provisions made

for that purpose and in virtue of this power might interfere with

and by the laws of the United States made for the regulations

of commerce, Congress, in that point of harmony and conciliation

which ought always to characterize governments standing in the re-

lation which that [of] the Union and those of the States have to

each other, has directed its officers to aid in the execution of

158 these laws, and has in some measure adopted its own legisla-

States. But in making those provisions the opinion is unequivo-

cally manifested that Congress may control the State laws so far as

it may be necessary to control them for the regulation of commerce.”

9 Wheat., 205. Cae |

Referring to the act of 1799, mentioned in the foregoing opinion,

_..- We find that it contains the following section and proviso, to wit:

“The quarantine and other restraints which shall be required by

_...the health laws of any State, or pursuant thereto, respecting any ves-

sels arriving in, or bound to, any port or district thereof, whether

from a foréign port [or] place, or from another district of the United

States, - be duly observed by the collectors” (and other Federal

officers) : | cs ae |

159 . “Provided, That nothing herein shall enable any State to

— collect a duty of tonnage or impost without the consent of

the Congress of the United States.”

BOARD OF HEALTH, &¢., AND STATE-OF LOUISIANA. 59

The insertion of this proviso was unnecessary perhaps, as the Con-

stitution itself contains the same prohibition; but it may have been

through that the language of the act would be construed as implying

the consent of Congress to the carrying of tonnage tosupport quarantine,

and the insertion of the proviso issignificant as showing that Congress

(at that time composed of men some of whom had framed the Constitu-

tion)entertained no doubt that whilst the States might without thecon-

sent of Congress enact and enforce their health laws, they could notlevy |

duties of tonnage todefray theexpense of thesame. It was also found

upon the adoption of the Constitution that there wasin force in ~

160 everyStatea system forthe regulation of pilotage, which system

7 was adopted by Congress by act of August 7, ’89, and given the

same validity as if its provisions had been specially pe by Con-

gress. If, therefore, any duty of tonnage for pilotage or half-pilotage

is collected, such collection is made with the consent of Congress.

Again, in many ports wharves have been constructed, either by pri-

vate or municipal enterprise, and all vessels landing at such wharves

are charged a certain amount, either so much per ton or a fixed sum

for veal of a particular description, for the use of the wharves, and

the same principle that charges are made by proprietors of dry-

docks for accommodations to vessels, except that the charge

161 for wharfage upon the banks of navigable streams cannot ex-

ceed a reasonable compensation. |

So in the case of port wardens. If the master of a vessel permits

them to render a service to his vessel the port warden is entitled to

his compensation. But I think it the correct principle, as stated by

the learned counsel for plaintiff in his brief, that any charge im-

posed by the State upon a vessel engaged in commerce, for which no

equivalent is given, is a duty of tennage, whether such charge be

measured by the tonnage of the vessel, or imposed as a fixed sum upon

all vessels of a particular character; and, beyond this, I am satisfied

that the States have no authority to impose upon vessels services which

are neither needed nor desired, and exact payment therefor of sums

fixed by the States themselves. In the case at bar, for instance, it -

appears, from the testimony, that the fumigation of a vessel

162 for the purposes of disinfection destroys more or less of the

roaches and other vermin by which ships are sometimes in-

fected, and it may be said that the destruction of such vermin 1s ad-

vantageous to the ship, but it would be difficult to demonstrate upon

what principle of law or common sense the State of Louisiana

should’ be permitted, against the wishes of the owner, but at his ex-

pense, even to destroy vermin on his vessel, unless in furtherance of

some police or health regulation ; but the very basis of the power

which the States possess to adopt and enforce such regulations is the

inherent and inalienable right of self-protection, and the basis of the

argument of the defence in this case is, that the State has exercised

this power to establish quarantine for the protection of her citizens;

neither the power, therefore, nor the manner of its exercise in

163 this case offered the shadow of a pretext for the claim that:

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‘evidence in this case show that those charges are imposed with the

rendered: a service for which a sum of money arbitrarily fixed by |

the State may be exacted. :

The point upon which counsel for defendant appears to place most

reliance is that the charges are here objected to are not duties of

tonnage, because they are not proportioned to the tonnage of the ves-

sels taxed, but are fixed with reference to the class or character of

the vessels. If, as we have seen, no service is rendered to the vessel,

there exist no basis for the charge whether it be a duty of tonnage

or not; but the proposition that a steamship of three thousand tons

can be forced to pay $30 towards-the support of our health and

uarantine system, provided the charge is ee without

164 the use of the word tonnage, and yet that nothing could be

collected for so excellent a purpose, if the charge 1s imposed

at the rate of one cent per ton, it seems to me is disrespectful to the

Constitution of the United States. This same point has, however,

been suggested before, and was disposed of by Chief Justice Chase.

“Tt was not only a pro-rata. tax which was prohibited, but any

duty on the ship, whether a fixed sum upon its whole tonnage, or a

sum to be ascertained by comparing the amount of tonnage with the

rate of duty.” 6 Wallace, 33. In this same case, in referring to the

question of the right of the port warden to collect fees without the

condition of specific services, upon the theory that it was an ad-

— to commerce that such officers should be at hand, the court

said : ; :

“Tt may be true that the existence of such a body of men

165 is beneficial to commerce, but the same is true of the govern-

ment of the State, of the city government,of the courts, ofthe

whole body of public functionaries. If the constitutionality of thé

charge, for the benefit of the master and wardens, can be main-

tained, upon the ground that it secures compensation for services, it

is difficult to perceive upon what grounds the constitutionality of

any State law imposing taxes for the benefit of the State govern-

ment upon vessels landing at its ports can be questioned.” 6 Wall.,

aaa See, also, 12 Wall., 218; 20 Wall., 580; 31 An., p. 65; 34 An.,

An intervention was filed in this suit by the attorney general, on

behalf of the State, in which it is alleged that the plaintiffs seek-

ing to have annulled laws “whereby revenues are raised and pro-

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