148 ESSENTIALS OF VETERINARY LAW 



posed upon the carrier which brings the persons 

 or animals into the state, as being incident to the 

 business in which it is engaged.-^^ The authority 

 of the individual states to enact such laws is be- 

 yond question, even where their operation inter- 

 feres with interstate or foreign commerce, but 

 this authority cannot be made to cover discrimina- 

 tions and arbitrary enactments.^^ 



Primarily the authority of quarantine, being 

 derived from police power, resides in the state; 

 and cities, villages, towns, counties or other dis- 

 tricts have only such power as has been given to 

 them by the state in which they are located. Thus, 

 under the power given by the state a county in 

 Kentucky might establish and maintain quaran- 

 tine against other parts of the same state, but it 

 could not establish a quarantine against another 

 state, nor against any part thereof, unless that 

 power be distinctly given by the act of the state 

 legislature.^^ "Cities are no longer enclosed by 

 stone walls and separate and apart from the bal- 

 ance of the state. The sanitary condition exist- 

 ing in any one city of the state is of vast impor- 

 tance to all the people of the state, for if one city 

 is permitted to maintain insanitary conditions that 

 will breed contagious and infections diseases, its 

 business and social relation with all other parts 

 of the state will necessarily expose other citizens 



41 Minn., St. Paul & S. S. M. Mich. 238; Salzenstein v. Ma- 

 Ry. Co. V. Milner, 57 Fed. 276. vis, 91 lU. 391; C. & A. E. R. 



42 Simpson v. Shepard, (U. Co. v. Erickson, 91 111. 613; 

 S.) 33 Sup. Ct. 729; Hannibal, Jarvis v. Eiggin, 94 111. 164. 

 etc., R. Co. V. Husen, 5 Otto, < 3 Allison v. Cash, 143 Ky. 

 465; Hurst v. Warner, 102 679, 137 S. W. 245. 



