the regulations carefully providing that the Federal jurisdiction should attach upon the expiration of state action. A "The contrary of this proposition is not to be supposed. state might be without the machinery to enforce a safe quarantine; its officer might through mistaken opinions or corrupt motives fail in his duty. "It is not to be tolerated that an entire people possessing a government endowed with the powers I have enumerated, should be exposed to the scourge of contagion and pestilence through such causes. "Paraphrasing the language of the court,' it may be safely asserted that any obligation fairly and properly inferable from the Constitution or any duty of any officer to be derived from the general scope of his duties under the laws of the United States, is a law of the United States, and it would be a great reproach to the system of government of the United States, declared to be within its sphere sovereign and supreme, if there is to be found. within the domain of its powers no means of protecting the people from contagion and pestilence brought from foreign shores. Nor can Congress be said to have failed to exercise its rights to so provide for the protection of our people. "In establishing the national quarantine system, as it is denom inated in the Act of 1878, and conferring upon certain officers power to frame all needful rules and regulations for that pur pose,' which rules, when approved by you, have all the force of law, an intention is shown to vest here wide discretion. "The only limitation is that such regulations shall not conflict with or impair any sanitary or quarantine regulations of the state or municipal authorities. "In mastering the effect of this limitation it must not be forgot ten that the state laws and regulations are in the nature of restriction, and not in the nature of grants of authority to either immigrants or transportation companies. "The authority of immigrants to come, and of transportation companies to bring such immigrants, is not derived from the state statutes or regulations. The state by its statutes and regulations, in the exercise of its police powers, simply provides that immi'Re Neagle, 135 U. S. 59, 34 L. ed. 69. grants shall not come in except after compliance with such laws and regulations. "The state does not provide, and has no power to provide, as against Federal laws and regulations, that upon such compliance such ships and immigrants shall come in. "Hence, consistently with the state laws and regulations, it is entirely competent for Federal regulations to impose additional restrictions; and hence, also, the imposition of an additional period of quarantine, or the total exclusion of all 'vessels or vehicles coming from any foreign port or country where any contagious disease may exist,' or 'vessels or vehicles containing any person or persons, merchandise or animals affected with any infectious or contagious disease' from 'any port of the United States,' is within the powers conferred upon the officers named in your inquiry acting with your approval. Very respectfully, CHARLES H. ALDRICH, Solicitor General. Approved: W. H. H. MILLER, Attorney General.” DANGERS, ACCIDENTS AND PRECAUTIONS (CHAP. V.), 67 duty to investigate and determine cause of, 76 arising from fracture of car wheel owing to latent flaw, 75 carrier not insurer nor responsible for, 26, 48, 71 no action lies for injury resulting from casualty purely accidental, 76 instances of, from human fallibility, 77 theory as to law of prior observation, 79 railroad company not bound to construct track to meet extraordinary 68 precautions against human fallibility, automatic signals, block system, 80 71 liability of railroad company for neglect to examine road, 71 74 abatement of suit by death of party injured-Federal and state courts, 609 state statutes regarding actions for death caused by another's negli- 622 statutory provisions on negligence causing death, 627 limitation of actions for death by negligence, 630 rule of damages in action for death from negligence, 655 657 statutory provisions for distribution of recovery for death from negli gence, 661 liability of receivers, distinction between statutory and common law 593 as to purchase of ticket before starting to ride on caboose is sufficient, 257 conductor guilty of, for forcibly ejecting passenger when, 214 224 conductor seizing passenger's property to enforce payment of fare is guilty of, 340 that assailant wore badge and lettered cap not sufficient evidence to BAGGAGE. what comes within the term passenger's baggage, checks, as evidence of receipt of, there must be delivery of, to carrier, action for loss of, damages for loss of, lieu of carrier on, for charges, CARRIER'S RESPONSIBILITY FOR BAGGAGE (CHAP. XXVII.), 349 561 555 554 591 745 590 551 loss of hand bag through window, refusal to stop train, 559 delivered before purchase of ticket, liability for loss of, 560 liability for, when left in car on assurance of safety, 553 interstate transportation of, statute of state of delivery governs, 553 555 |