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 authority to a board to estab- 
lish and maintain quarantine, the board cannot 
delegate that authority to a health officer.24 The 
general rule is that authority vested with discre- 
tion cannot be delegated. (§9.) The matter of 
20 Louisiana v. Texas, 176 U. R.R. Co. v. Husen, 5 Otto, 465. 
S. 1. 23 State v. Butts, 3 S. Dak. 
21Highland v. Schulte, 123 577,19 L. R. A. 725, 54 N. W. 
Mich. 360, 82 N. W. 62. 603. 
22 Wilson v. Alabama, G. §S. 24Taylor v. Adair Co., 119 
Ry. Co., 77 Miss. 714, 28 So. Ky. 374; Hickman v. MeMor- 
567; Wong Wai v. Williamson, ris, 149 Ky. 1, 147 S. W. 768. 
103 Fed. 1; Hannibal & St. J. 
