Compagnie Francaise De Navigation a Vapeur v. Louisiana State Board of Health

186 U.S. 380, 22 S. Ct. 811, 46 L. Ed. 1209, 1902 U.S. LEXIS 903
CourtSupreme Court of the United States
DecidedJune 2, 1902
Docket4
StatusPublished
Cited by93 cases

This text of 186 U.S. 380 (Compagnie Francaise De Navigation a Vapeur v. Louisiana State Board of Health) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Compagnie Francaise De Navigation a Vapeur v. Louisiana State Board of Health, 186 U.S. 380, 22 S. Ct. 811, 46 L. Ed. 1209, 1902 U.S. LEXIS 903 (1902).

Opinions

MR. Justice White,

after making the foregoing statement, delivered the opinion of the court.

The law of Louisiana, under which the Board of Health exerted the authority which is complained of, is found in section 8 of Act Ho. 192, enacted in 1898. The portion of the section which is essential is as. follows, the provision which is more directly pertinent to the case in hand being italicized:

“ In case that any parish, town or city, or any portion thereof, shall become infected with any contagious or infectious disease, to such an extent as to threaten the spread of such disease to the other portions of the State, the state Board of Health shall issue its proclamation declaring the facts and ordering it in quarantine, and shall order the local boards of health in other parishes, towns and cities to quarantine against said locality, and shall establish and promulgate the rules and regulations, terms and conditions on which intercourse with said infected locality shall be peripitted, and shall issue to the other-local sanitary authorities instructions as to the measures adopted in quarantining against, persons, goods or other property coming from said infected localities, and these rules and regulations, [385]*385terms and conditions shall be observed and obeyed by all other health authorities, provided that should any other of the non-in fected portion ot the State desire to add to the regulations and rules, terms and conditions already imposed by the state board, they do so on the approval of the state Board of Health. The state Board cf Health, may, in its discretion, prohibit the introduction into any inf ected portion of the State, persons acclimated, unaccliinated or said to be immune, when in its judgment the introduction of such persons would add to or increase the prevalence of the disease. The state Board of Health shall render the local boards of health all the assistance in their power and which the condition of their finances will permit.”

The Supreme Court of the State of Louisiana, interpreting’ this statute, held that it empowered the board to exclude healthy persons from a locality infested with a contagious or infectious disease, and that this power was intended to apply as well to persons seeking to enter the infected place, whether they came from without or from within the State. The court said :

“ The law does not limit the board to prohibiting the introduction of persons from one portion of the State to another and an infected portion of the State, but evidently looked as well to the prohibition of the introduction of persons from points outside of the State into any infected .portion of the State. As the object in view would be £ to accomplish the subsidence and suppression of the infectious and contagious.diseases and to prevent the spread of the same,’ it would be difficult to see why parties from outside of the State should be permitted to enter into infected places, while those from the different, parishes should be prevented from holding intercourse with each other.
“ The object in view was to keep down, as far as possible, the number of persons to be brought within danger of contagion or infection, and by means of this reduction to accomplish the subsidence and suppression of the disease and the spread of the same.
The particular places from which the parties, who were to be prohibited from entering the infected district or districts, came could have no possible influence upon the attainment of the result sought to be attained.
[386]*386It would make no possible difference whether this ‘ added fuel ’ sought to be excluded should come from Louisiana, New York or Europe.”
Deferring to past conditions and the public dangers which had arisen from them, the evil which the statute of 1898 was-intended to remedy was pointed out as follows:
. “ During the fall of 1897, and during the existence of an epidemic, a vessel arrived in the Mississippi Diver with emigrants aboard under conditions similar to those under which the Britannia reached the same stream in 1898.
“ The excited public discussions at the time as to the right of the state board, under the then existing law, to prevent the landing of the emigrants and as to its duty in the premises, were ■ so extended as to authorize us to take judicial notice of the fact, and in our opinion the clause in the present act which covers that precise matter was inserted therein for the express purpose of placing the particular question outside of the range of controversy.
For a number of years past emigrants have been coming into New Orleans in the autumn from Italy. •
“ There was a probability when the general assembly met in 1898 that the epidemic of 1897 might be repeated, and a great ■ probability that emigrants would seek to enter, as they had done the year before, to the great danger, not only of the people of Louisiana, but of the emigrants themselves.
“ Independently of this, there was great danger to be apprehended from the increasing intercourse between New Orleans and the "West India Islands in' consequence of a war with Spain.
“ It was to ward off these dangers that this particular provision was inserted in the act of 1898.”

And by implication from the reasoning just referred to the existence of the conditions rendering it necessary to call the power into play in the case before it was recognized. Thus construing the statute, the state court held that it was not repugnant to the Constitution of the United States and' was not in conflict with any law or treaty of the United States. These latter considerations present the questions which arise for pur decision. All the assignments of error relied upon to show the [387]*387invalidity of tbe statute of the State of Louisiana, and hence the illegality of the action of the Board of Health from the point of view of Federal considerations, are, in the argument at bar, summarized in four propositions. "We shall consider them separately and thus dispose of the case. In doing so, however, as the first and second contentions both rest upon the assertion that the statute violates the Constitution of the United States, we shall treat them together.

' “ First. The statute drawn in question, on its face and as construed and applied, is void for the reason that it is in violation of article I, section 3, paragraph 8, of the Constitution of the United States, inasmuch as it vests authority in the state Board of Health, in its discretion, to interfere with or prohibit interstate and foreign commerce;
“ Second. The statute is void for inasmuch as it is in conflict with section 1 of the fourteenth article of amendment to the Constitution of the United States, in that it deprives the plaintiff of its liberty and property without due process of law, and denies to it the equal protection of the law.”

That from an early day the power of the States to enact and enforce quarantine laws for the safety and the protection of the health of their inhabitants has been recognized by Congress, is beyond question.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LIVESAY v. MURPHY
D. New Jersey, 2022
Strong v. Zucker
W.D. New York, 2022
Weisshaus v. Cuomo
E.D. New York, 2021
Liberian Community Association v. Lamont
970 F.3d 174 (Second Circuit, 2020)
Amato v. Elicker
D. Connecticut, 2020
Wisconsin Legislature v. Andrea Palm
2020 WI 42 (Wisconsin Supreme Court, 2020)
In re: Gregg Abbott
954 F.3d 772 (Fifth Circuit, 2020)
Garanin v. City of Scranton
M.D. Pennsylvania, 2019
In re Care & Treatment of Snyder
422 P.3d 85 (Supreme Court of Kansas, 2018)
Brooks v. Powers
178 A.3d 366 (Supreme Court of Connecticut, 2018)
City of Milwaukee v. Washington
2006 WI App 99 (Court of Appeals of Wisconsin, 2006)
State v. Schulpius
2004 WI App 39 (Court of Appeals of Wisconsin, 2004)
In Re Commitment of Almaguer
117 S.W.3d 500 (Court of Appeals of Texas, 2003)
in Re: The Commitment of Daniel Almaguer
Court of Appeals of Texas, 2003
Hubbart v. Superior Court
969 P.2d 584 (California Supreme Court, 1999)
Kansas v. Hendricks
521 U.S. 346 (Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
186 U.S. 380, 22 S. Ct. 811, 46 L. Ed. 1209, 1902 U.S. LEXIS 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/compagnie-francaise-de-navigation-a-vapeur-v-louisiana-state-board-of-scotus-1902.