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Peete v. Morgan

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eBook details

  • Title: Peete v. Morgan
  • Author : United States Supreme Court
  • Release Date : January 01, 1873
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Mr. P. Phillips, for Morgan, the appellee; no counsel appearing for the health officer, Peete, the appellant. That the power to establish quarantine laws rests with the States, and has not been surrendered to the General government is settled in Gibbons v. Ogden. The source of this power is in the acknowledged right of a State to provide for the health of its people, and although this power when set in motion may in a greater or less degree affect commerce, yet the laws passed in the exercise of this power are not enacted for such an object. They are enacted for the sole purpose of preserving the public health, and if they injuriously affect commerce, Congress, under the power to regulate it, may control them. Of necessity, they operate on vessels engaged in commerce, and may produce delay or inconvenience, but they are still lawful when not opposed to any constitutional provision, or any act of Congress on the subject.


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