GOVERNMENTAL SERVICES 139 



restriction of the disease. The validity of quar- 

 antine regulations made by the state board of 

 health is a matter for state courts to determine.^^ 

 Where the statute authorizes a city to take such 

 measures for the restriction of infectious disease 

 as are demanded, according to the opinion of the 

 authorities, the city is not bound by the provisions 

 in the general statutes regulating quarantine, and 

 in one case it was held that they were justified in 

 quarantining both sides of a double house where 

 smallpox was in one side.^^ But in all cases the 

 regulations must be impartial, and reasonable, 

 and fitted for their purpose.-^ Though reasonable 

 regulations will be considered as law, the orders 

 or regulations of a health department differ from 

 enacted statutes, in that citizens are not supposed 

 to know them.2^ In prosecutions for violation of 

 such regulations it is therefore incumbent upon 

 the prosecution to show that the party did have 

 knowledge, or that at least the notice was served 

 before the violation charged. 



104. Authority Can Not Be Delegated. Where 

 the law grants the authoiity to a board to estab- 

 lish and maintain quarantine, the board cannot 

 delegate that authority to a health officer.^^ The 

 general rule is that authority vested with discre- 

 tion cannot be delegated. (§9.) The matter of 



20 Louisiana v. Texas, 176 U. E. E. Co. v. Husen, 5 Otto, 465. 

 S. 1. 23 state V. Butts, 3 S. Dak. 



21 Highland v. Schulte, 123 577, 19 L. E. A. 725, 54 N. W. 

 Mic-h. 360, 82 N. W. 62. 603. 



22 Wilson V. Alabama, G. S. 24 Taylor v. Adair Co., 119 

 By. Co., 77 Miss. 714, 28 So. Ky. 374; Hickman v. McMor- 

 567; Wong Wai v. Williamson, ris, 149 Ky. 1, 147 S. W. 768. 

 103 Fed. 1; Hannibal & St. J. 



