42 PROCEEDINGS OF THE BOLL WEEVIL CONVENTION. 



United States held "that the States of this Union may, in the exercise of 

 their police powers, pass quarantine and health laws, interdicting vessels 

 coming from foreign ports, or ports within the United States, from land- 

 ing passengers and goods, prescribe the places and time for vessels to 

 quarantine, arid impose penalties for violating the same ; and that such 

 laws, though affecting commerce in its transit, are not regulations of 

 commerce prescribing terms upon which merchandise and persons shall 

 be admitted into the ports of the United States, but precautionary regu- 

 lations to prevent vessels engaged in commerce from introducing disease 

 into the ports to which they are bound, etc." 



In a valuable treatise on the laws of public health and safety by Messrs. 

 Parker & Worthington (edition of 1892) they declare that "the ordinary 

 system of quarantine laws established -by a State is a rightful exercise 

 of the police power for the protection of health," and that, "it i? un- 

 doubtdly within the power of the States to establish precautionary meas- 

 ures against the spread of communicable diseases by persons coming from 

 foreign countries or from other States," and that "the State may prohibit 

 the introduction within its borders of animals suffering with contagious 

 or infectious diseases and of articles of property which are of such a 

 nature or in such a condition as to be dangerous to the health or safety 

 of the people." 



The theory which seems to justify State action being taken to prevent 

 property from being brought into its borders without interfering with the 

 commerce clause of the Constitution of the United States, is, that such 

 things, either because of their nature or their condition, cannot be properly 

 considered as articles of commerce, and that as an incident to the right 

 and power to prevent their introduction the State has the right to use 

 proper means to ascertain that fact. Here, it would seem, is the limit 

 between the sovereign power of the State and the power of the Federal 

 Government. In other words, every article or thing which by reason of 

 its nature or because of its infectious or contagious condition cannot be 

 classed as an article of commerce, is within the jurisdiction of the police 

 power of the State, while all others which may be subjects of commerce 

 are within the jurisdiction of the United States. 



In the case of Leisy vs. Hardin, 135 U. S., the Supreme Court of the 

 United States makes this distinction in that part of the decision where it 

 declares that "articles in such a condition as tend to spread disease are 

 not merchantable, are not legitimate subjects of trade and commerce, and 

 the self-protecting power of each State, therefore, may be rightfully ex- 

 erted against their introduction, and such exercise of power cannot be 

 considered a regulation of commerce, prohibited by the Constitution." 

 page 113, citing the language of Mr. Justice Catron, in the License Cases. 

 5 Howard 504-599, where he holds that what does not belong to com 

 merce is within the jurisdiction of the police power of the State. 



