No. 755.
Mr. Bayard to Mr. Connery.

No. 224.]

Sir: I inclose for your information, in connection with my No. 215, of the 26th ultimo, a copy of a letter from the Acting Secretary of the Interior, dated the 26th ultimo, in regard to the proclamation of the [Page 1096] governor of Arizona establishing a quarantine for cattle brought into Arizona from Mexico, to which the Mexican minister here in his note of October 22 last objected.

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.

I am, etc.,

T. F. Bayard.
[Inclosure 1 in No. 224.]

Mr. Muldrow to Mr. Bayard.

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.

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.