It will be observed that a doubt having arisen as to the constitutionality of
the law under which the proclamation was issued, the quarantine has been
raised.
[Inclosure 1 in No. 224.]
Mr. Muldrow to Mr.
Bayard.
Department of the Interior,
Washington, November 26,
1887.
Sir: Acknowledging the receipt of your letter
of the 26th ultimo, inclosing copy of a communication from the Mexican
minister objecting to a proclamation of the governor of Arizona
establishing a quarantine for cattle brought into the Territory from
Mexico, I have the honor to state that in pursuance of your request the
correspondence was referred to the governor for report.
A copy of his reply, under date of the 16th instant, is herewith
inclosed, from which it appears that the proclamation was issued in
obedience to an act of the Territorial assembly, but that a doubt having
arisen as to the constitutionality of the statute the quarantine has
been raised.
Very respectfully,
H. L. Muldrow,
Acting Secretary.
[Inclosure 2 in No. 224.]
Mr. Zulick to Mr.
Vilas.
Executive Department, Office of the Governor,
Prescott, Arizona, November 16, 1887.
Sir: I have the honor to acknowledge receipt of
your communication of 1st instant, with inclosures of copy of letter
from the Secretary of State and translated copy of note from Mr. Matias
Romero, minister of Mexico, relative to and protesting against the
quarantine proclamation issued on the 18th of August last. In compliance
with the suggestion of the Secretary of State, I respectfully
report:
That the fourteenth legislative assembly of Arizona enacted a law
designated the “stock and sanitary law” which was approved March 10,
1887.
By its provisions there was created a sanitary commission composed of
five members, whose duties were to protect the health of the domestic
animals of the Territory from all contagious or infectious diseases of a
malignant character, and for this purpose it is authorized and empowered
to establish, maintain, and enforce such quarantine, sanitary and other
regulations as it may deem proper, and after prescribing quarantine,
etc., it shall notify the governor thereof, who shall issue his
proclamation, etc.
In accordance with the provisions of this law, and after due notification
by the Territorial sanitary commission of their establishing a
quarantine against Mexico, I issued, as directed by statutes, the
quarantine proclamation complained of by the Mexican authorities. By
this official act I only obeyed the direction of Territorial law
referred to.
The Territorial legislature, hy the enactment of this law, undoubtedly
intended to exercise a police power for the protection of this important
and growing industry of the Territory.
Since the publication of this proclamation the powers of the Territorial
legislature in this connection have been made the subject of close
examination, resulting in the advisement of the commission that the
powers granted them under this section of the law conflict with the
constitutional grants to Congress over international and interstate
commerce, and, consequently, are null and void. The quarantine
complained of, for the legal reasons assigned, has been raised.
Very respectfully,
C. Meyer Zulick,
Governor.