§ 225.: National and State quarantine laws.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 2 
A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 2.
About Liberty Fund:
Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.
The text is in the public domain.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
- State and Federal Control of Persons and Property. Vol. II.
- Chapter X.: State Regulations of Real Property.
- § 133.: What Is Meant By “private Property In Lands?”—
- § 134.: Regulation of Estates—vested Rights.—
- § 135.: Interests In Expectancy.—
- § 136.: Limitation of the Right of Acquisition.—
- § 137.: Regulation of the Right of Alienation.—
- § 137 A.: the Right of Testamentary Alienation and Intestate Succession—taxation of Inheritances.—
- § 138.: Involuntary Alienation.—
- § 139.: Eminent Domain—general Propositions. 2 —
- § 140.: Exercise of Power Regulated By Legislature.—
- § 141.: Public Purpose, What Is A.—
- § 142.: What Property May Be Taken.—
- § 143.: What Constitutes a Taking.—
- § 144.: Compensation, How Ascertained.—
- § 145.: Regulation of the Use of Lands—what Is a Nuisance?—
- § 146.: What Is a Nuisance, a Judicial Question.—
- § 147.: The Regulation of Unwholesome and Objectionble Trades.—
- § 148.: Regulation of Mines and Mineral Products.—
- § 149.: Regulation of Burial-grounds.—
- § 150.: Laws Regulating the Construction of Buildings In Cities.—
- § 151.: Regulation of the Right to Hunt Game and to Catch Fish. 3 —
- § 152.: Abatement of Nuisances—destruction of Buildings.—
- § 153.: How Far Use of Land May Be Controlled By Requirement of License?—
- § 154.: Improvement of Property At the Expense and Against the Will of the Owner.—
- § 155.: Regulation of Non-navigable Streams—fisheries.—
- § 156.: Conversion of Non-navigable Into Navigable Streams.—
- § 157.: Statutory Liability of Lessors For the Acts of Lessees.—
- § 158.: Search Warrants—sanitary Inspection.—
- § 159.: Quartering Soldiers In Private Dwellings.—
- § 160.: Taxation—kinds of Taxes.—
- § 161.: Limitations Upon Legislative Authority.—
- Chapter XI.: State Regulation of Personal Property.
- § 162.: Laws Regulating the Creation and Acquisition of Interests In Personal Property—real and Personal Property Herein Distinguished.—
- § 163.: Statute of Uses and Rule Against Perpetuity As Regulations of Personal Property.—
- § 164.: Regulation and Prohibition of the Sale of Personal Property.—
- § 165.: Laws Regulating Disposition of Personal Property By Will. 2 —
- § 166.: Involuntary Alienation.—
- § 167.: Control of Property By Guardian.—
- § 168.: Destruction of Personal Property On Account of Illegal Use. 2 —
- § 169.: Destruction of Personal Property In the Interest of Public Health.—
- § 170.: Laws Regulating the Use of Personal Property.—
- § 171.: Prohibition of Possession of Certain Property.—
- § 172.: Regulation and Prohibition of Manufacture of Certain Property.—
- § 173.: Carrying of Concealed Weapons Prohibited.—
- § 174.: Miscellaneous Regulations of the Use of Personal Property.—
- § 175.: Laws Regulating Use and Keeping of Domestic Animals.—
- § 176.: Keeping of Dogs.—
- § 177.: Laws For the Prevention of Cruelty to Animals.—
- § 178.: Regulation of Contracts and Rights of Action.—
- § 179.: Regulation of Ships and Shipping.—
- Chapter XII.: State Regulation of the Relation of Husband and Wife.
- § 180.: Marriage, a Natural Status, Subject to Police Regulation.—
- § 181.: Constitutional Limitations Upon the Police Control of Marriages.—
- § 182.: Distinction Between Natural Capacity and Legal Capacity.—
- § 183.: Insanity As a Legal Incapacity.—
- § 184.: The Disability of Infancy In Respect to Marriage.—
- § 185.: Consanguinity and Affinity.—
- § 186.: Constitutional Diseases.—
- § 187.: Financial Condition—poverty.—
- § 188.: Differences In Race—miscegenation.—
- § 189.: Polygamy Prohibited—marriage Confined to Monogamy.—
- § 190.: Marriage Indissoluble—divorce.—
- § 191.: Regulation of the Marriage Ceremony.—
- § 192.: Wife In Legal Subjection to the Husband—its Justification.—
- § 193.: Husband’s Control of Wife’s Property.—
- § 194.: Legal Disabilities of Married Women.—
- Chapter XIII.: State Regulation of the Relation of Parent and Child, and of Guardian and Ward.
- § 195.: Original Character of the Relation of Parent and Child—its Political Aspect.—
- § 196.: No Limitation to State Interference.—
- § 196a.: People V. Turner.—
- § 197.: Compulsory Education.—
- § 198.: The Child’s Right to Attend the Public School—separate Schools For Negro Children—expulsion From School Must Be For a Reasonable Cause.—
- § 199.: Parent’s Duty of Maintenance.—
- § 200.: Child’s Duty to Support Indigent Parents.—
- § 201.: Relation of Guardian and Ward Altogether Subject to State Regulation.—
- § 202.: Testamentary Guardians.—
- Chapter XIV.: Police Regulation of the Relation of Master and Servant.
- § 203.: Terms “master and Servant” Defined.—
- § 204.: Relation Purely Voluntary.—
- § 205.: Apprentices.—
- § 206.: Regulation of Private Employment.—
- § 207.: Public Employments.—
- Chapter XV.: State Regulation of Corporations.
- § 208.: The Inviolability of the Charters of Private Corporations.—
- § 209.: Police Control of Corporations.—
- § 210.: Freedom From State Control, As a Franchise.—
- § 211.: Police Regulations of Corporations In General.—
- § 212.: Laws Regulating Rates and Charges of Corporations.—
- § 213.: Regulation of Foreign Corporations.—
- § 214.: Regulations of Railroads.—
- Chapter XVI.: The Location of Police Power In the Federal System of Government.
- § 215.: The United States Government One of Enumerated Powers.—
- § 216.: Police Power Generally Resides In the States.—
- § 217.: Regulations Affecting Interstate Commerce.—
- § 218.: License Tax Upon Drummers and Peddlers.—
- § 219.: Taxation of Interstate Commerce.—
- § 220.: State Regulation and Prohibition of Interstate Commerce, Particularly, Articles of Merchandise.—
- § 221.: State Regulation of Railroads and Other Common Carriers, and of Their Business, When an Interference With Interstate Commerce.—
- § 222.: The Jurisdiction of Anti-trust Laws, National and State, As Affected By the Interstate Commerce Clause.—
- § 223.: Control of Navigable Streams.—
- § 224.: Regulation of Harbors—pilotage Laws.—
- § 225.: National and State Quarantine Laws.—
- § 226.: Regulation of Weights and Measures.—
- § 227.: Counterfeiting of Coins and Currency.—
- § 228.: Regulation of the Sale of Patented Articles.—
- § 229.: War and Rebellion. 5 —
- § 230.: Regulation of the Militia.—
- § 231.: Taxation.—
- § 232.: Regulation of Offenses Against the Law of Nations.—
- § 233.: The Exercise of Police Power By Municipal Corporations.—
National and State quarantine laws.—
It is, probably, not open to serious question that, whenever Congress undertakes to establish a general system of quarantine for the promotion of the general health of the country, and for the prevention of the introduction into the country of infectious and contagious diseases by diseased persons and animals, and infected goods, coming from foreign countries or other States, the regulations of Congress will supersede altogether the regulations of the State governments; and the jurisdiction of the States in such matters will be taken away completely. But, until Congress so acts, it is equally clear that the States may prescribe quarantine laws for the detention of vessels or railroad trains, on their entrance into a harbor or station, respectively, whenever for any reason the landing of the passengers, or the discharge of the cargo or freight, is likely to endanger the health of the city or State. This detention of passengers, as a prevention against contagious diseases, is justifiable, even though they may not have come from an infected place, provided they have traveled with those who did come from the infected localities. And the expense of detention and fumigation may be justly and lawfully laid upon the common carrier.
But this extraordinary interference of the States with interstate traffic and commerce is confined to such measures, and to the cases in which such measures, as promise to protect the health of the people of the State or city. As has already been shown, the State cannot, for the protection of domestic cattle, prohibit altogether the importation into the State of cattle which may be afflicted with a contagious disease, such as Texas fever, or which carry with them into the States the germs of the disease. And it has also been held that a State cannot, for the prevention of the increase of the burden of pauperism, require common carriers, which bring indigent people into the State, to remove them from the State, if they should fall into distress within one year after their arrival. This is a regulation of foreign and interstate commerce, which the United States Government can alone institute and enforce.
License Cases, 5 How. 504, 632; Railroad Co. v. Husen, 95 U. S. 465; Brown v. Maryland, 12 Wheat. 419; Minneapolis, St. P. & S. S. M. Ry. Co. v. Milner, 57 Fed. 276; Train v. Boston Disinfecting Co., 144 Mass. 523. In St. Louis v. McCoy, 18 Mo. 238, an ordinance of the city of St. Louis was sustained, which prescribed that boats coming from below Memphis, and having had on board, at any time, during the voyage, more than a specified number of passengers, should remain in quarantine for a specified period. See, also, St. Louis v. Boffinger, 18 Mo. 13.
Minneapolis, St. P. & S. S. M. Ry. Co. v. Milner, 57 Fed. 276.
Minneapolis, St. P. & S. S. M. Ry. Co. v. Milner, 57 Fed. 276; Train v. Boston Disinfecting Co., 144 Mass. 523.
See ante, § 220, and the cases there cited.
City of Bangor v. Smith, 83 Me. 422.