# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Aper_scotus_1884_552%3A0 ## Record - **Collection:** Supreme Court brief - **Document type:** Record and brief - **Published:** January 1, 1884 ## Text ? OCTOBER TERM, 1884. No. See. DOL MORGAN'S LOUISIANA AND TEXAS RATLROAD SIANA, THE BOARD OF HEALTH OF THE STATE OF LOUI an Ce pe on 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 = Pe I ike cine cpa sc pel Ghia Skee Seok kee + 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 I iki ne ii ihe Cie ns snes Chas eens Bond ._-- Sst ESE Se ath inate ‘on sau Sin tle. ay be Geran iptdh. SW siliem ies ain ne. "> optus “we tw Gee. pres te han epee we arm WE ONG i cn os on cs os ee nc cee TE CI a ooo tes is Cine meme ca nen owen few as « ee SNE © CN as i kn oe heed a ee ee Ne i as tes tgs ee sk aes Pal Epeweet 00 Grane Or Louisiane .... 2. oc oo ce es ee ee F meer Of service OP otation 5. ee ee en. Citation to board of health of Louisiana ~.- .-...-_- .--.---. 2 2. eee unneee Gr NEE Or COUNT nt Original. 138 140 Print. 52 53 *) A Hin Wao & 1 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- _ a + a - 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 Hh 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. . ot er ee ‘ 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 bo 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 * ry 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 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. 58 ought to [ A j Q. A. Q A Q. ol 59 Q. A Q A Q. A. $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. fses ? EE TEE LL a 4G RE OR PME on ee we PGR REIS Bette se POON AATEC TT AE SNE DNS AOR ENN A RENE LO AEN ESN NRL SD Ree SAN Nee ate po eA Got pars ce ik oe * isin at oa . te Ste Cee oe! : cee ; CAR SRR Sy Re WS SS tet tee ee eed yd i eyhane » nah SOE Sete ee eT a a a a et ee , = iaiat : Be RA x Ri ORB RSE ART a as Bois rales GR A na a ate a A ead Te ea ice 2h PINS. 9 REARS RUCNT AES GRR NN RS ON: LAIN 1 IRB MEN ERE AN EIS AM IP ON NOUN ERNST: at ape * 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. ° ee 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. 4—898 | meson ke te eee 2 P ‘ ETE ROSH Si ES Sins Be erga ‘ “ ‘ so TY SE Pe eS MSE : és 4 Uh, Aegina pe SET eee i 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? © 6s oe 76 A. To my knowledge there is one or not more than 3 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 Stes usd : 2 > pa re “ pa a it a ies " hess . ronan See ee Nem Sot neem ine hh aac ae , rhs sos arin teptonane atebsneen tiie tare ton nya nee vnene Ba 3 “ z ee _ — . SR EE Ae A i od Ta I, ik ein tay etal cla nt lane wilt mins ha tome ton esha ? = sh a aa etna a pealiet oki cnavin see Ae ares 4 et | | 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 s 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. Q . 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. s Rn Ae LEE Ce I = MA A NM Font I no- a 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 1e “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? | ‘ oN 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. AREER BARES LO, BEE LED BEL TELE TRE MLIEE ALELENIPIEE EAI SAYRE SEG SORE yt eh wa SOL NE a é Sn ek hee eee a. toe en * a s rs ¥ ae + * 7 me SCH yrs Sp FOG kh PROBE ae OH RO Rn ee oe aa, eee eee Oe a ee ee ee Oe Sar ah the shi 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? How long was that? © 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 Sieh sesdeed I asseeh shah poe bo art 6 rere POPOPOPO EIU aA 2 ar hen UAE Re eT on Sr ee PM IEDR RE AE IONE SIO L INTEL BELLING ALGO IROL IIE IG BES - ies a4 ant ? ehage M Nhe pnb “3 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 12 on 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. How large are these pots? © 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 ~*~ PR APIA wpe IAN OA ETE ION LAE TEE AIA ATM: oe te Hes ARR RC NNO ; = oe net eee comenenes ene IRANI Aa ITT SORELLE IL EME BLOAT = = . F , . 4 ee eee Bis : , — - r > ABs Bn Meare oe * aff’ Shere PA gos he: , eae CLL hg Peay ee er, 3 : ; Ua é : x ee i or a . " ERALS PLE LMT LSAT AEE, S RAP REAR REE AEE WS NER SEEK NINA BET EE MLL ENE 3 SABES RF (ary / CON Se a As PEW a ; fo aes 2 a S i Oe en ee ar Me We es ee sre. nome Ae ts paces sigh tH DER fe VIO ih ae ASSN pee a A Bi te : BAD RET RAED ARS EG, i RIN SATE RD AIR IA NEE REPT LAELIA EMEP LE LEE RRL AINE mn ” — eat ead Aaa ARR es cays eee 09 2 Sona CO Pt a ad * ew a ite ps - eae is ‘ ers —. 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 ? ? 7—898 ew pA oye RW AREER AA RIOR: RF GENE OR AI A ETAL, LILLE AAA LMLL ELEN LEP IOLA EEA EER LE DAL ALE LLL ACIS AA RIE ° if ase : . $} r PARES 8 DEE AER CEE AREA II BERET RENE AG BD AS 3 BO pinnvistiatandibsamadat = om i ae ‘s b " “ 2 FP a FT PARAS. OLENA OEL LEASED ELIE LI CLPLEALSAL LE LIE LIN LLP: eee - a piranrne er tei tts RR AAEM as Sid sa ap homeey Pi aiden ese oi Recah . = y! ship, the foul vapor arising from this bilge-water will discolor the | 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. Q. About what depth are they? © 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 4 nae gt 2 RAEN RM i RC HA I LOE me : ie phe ler s eee Oe aay pte Aas MT Ee Oe we a ig ies i, ee re ae ue a Se PG oe ee a UP ph a Pe z ee SiS Re Oe oe eo 4 bs 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, COANE DGS NNN ALLELE LO CELLAR ALLOA POLLED LALA AME sh ets cianaelilypie ge ge EAMONN PLURAL DAT ER LITRE IIE ANTES: cot ponent cppsing Re AER ED 25 ORAS RI APS IES: secant ARNOT EEA TONLE NLA EAL OLEAN NOLAN " Sad ‘4 ‘ “ ‘Phas NRA ARN SO A Nm Ait LOE IRE AA ANE GEDA LL ILA LIAL LI BEALE, RE RIES a NTE Re te OR TE IRE NI " : FE RSE brs SRY See asa pe ARS, tts i 3 e Nh teeta es alia De 5 " : ee} i tine ee de Ste EARNERS ELO ALES LLL FEAT NE Te oe oS hs EB ARE RRA ILI LIONEL ES LOGI ITE LLP IT 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 — 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, ERG PAE OTN AOE SE MEE, MD LEP EIT Bete AGI ed” CT IM HS Cee A GSS BR RRS Ses Ca WN ee Pe See SMI Sl se AT RD ey . SEEN Oe oie £5 HABE PEL REET tt I OR? Pei eh ae eee — ~ - - i LON A CLO OREALSONE SU EPR! SMES EAN GOB II RE PELE DE ARE POLED GEL AEE SO LIE REIN APM ONE LESLIE! LEIS EERE DLE ELIS SS BERGEN AES ENE EDIE LEIA ERASE SY BOO Soe ee eee Na re SAME NERA DES AMT IGE AE TERE POE NII I BG Be RRS Ee SEE are ON Aa ie ean A hes AEE RS es . : potions Ha. F ae Wi ‘ Xe 4 pe aD a ees ERT yy ee TES ns “hte a ach. SSP Beane 1 piiepEe gear ameter ee it aah op PORE EAD CR a a RE ee te ASE SRT RO cP ROC NITE RRL GAL IN RELA IAT A RE ILE FF AES OR FTE Le IT AS RA RIN RRM ee : ai . ¢ “ ie Fm PRS REND Ro 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, Con [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Aper_scotus_1884_552%3A0. Public record. Not legal advice.