American Legal History

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EmilyProject 17 - 25 Jan 2010 - Main.EmilyByrne
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 Until the work done by Walter Reed to confirm the transmission of yellow fever by mosquitoes in 1900, the disease was assumed to be transferred either from direct contact with infected people, or to be airborne. This pamphlet in 1879 favors the latter theory, recommending quarantine measures for ships based on the new science of thermodynamics.Yellow Fever, A Nautical Disease, Its Origin and Prevention (1879)
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Some of my sources indicate a welcoming attitude to State regulation. An example is Henry I. Bowdich, Public Hygiene in America: Being the Centennial Discourse Delivered Before the International Medical Congress, Philadelphia, September 1876 p 2. His address opined:
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Many of the professional sources indicate a welcoming attitude to State regulation. An example is Henry I. Bowdich, Public Hygiene in America: Being the Centennial Discourse Delivered Before the International Medical Congress, Philadelphia, September 1876 p 2. His address opined:
 Only the State with its great resources, with a large corps of able and earnest agents occupied in the observation of the rise and progress of disease, and in the analysis of such observations for many generations, can hope to unravel even a few of the many mysterious causes of the diseases of any nation, especially of one covering so large a proportion of the earth’s surface as the United States.
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Mr Bowdich went on to become one of the original members of the National Board of Health in 1879.

This attitude extended into the 1880s. Here is an address from the Army Surgeon John S Billings, President of the Sanitarian Until quite recently, very little has been done in this country towards increasing our knowledge of the causes of diseases by observation and experimentation towards that end … We have not had the statistical data, such as the registration system of Great Britain provides, nor the laboratories for experimentation in comparative physiology and pathology such as are to be found in Germany, nor the trained statisticians and scientific observers who could make proper use of these things if we had them. All these, however, will come; some of them are now here. For the most part they can only be provided by governments, their cost and the length of time required to produce really valuable results, placing them beyond the reach of individual effort.

 

The rise and fall of the National Board of Health

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1881 Annual report and bulletin of the National Board of Health for the year ending 1881; and Expenditures report 1881-2
1882 Annual report for 1882; Congressional report on establishing a quarantine station in Texas Message from the President 1882 ; Report for 1882 Bill; State pushback on different Bill ; and Board comments on immigrant inspections 1882
1883 Repeal of sunset clause 1883; Annual report for 1883 ; and Expenditures report 1883-4
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1884 Letter concerning the functions of the National Board of Health; Appropriation 1884; Annual report for 1884; the last meeting of the Board was in November 1884.
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1884 Letter concerning the functions of the National Board of Health; Appropriation 1884; Annual report for 1884; the last meeting of the Board was in November 1884.Cholera epidemic in Europe was widely feared to spread to America
 
1885 Annual report from the National Board of Health for 1885; Administration of President Cleveland begins
1886 Letter dated 1886 concerning expenses of the National Board of Health Report of the Commerce Committee 1886
1887 Removal of Ship Island Quarantine Station; and Creation of the Interstate Commerce Commission
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| 1892 |The Supreme Court rules that the chief clerk of the Board cannot collect backpay
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1892 The Supreme Court rules that the chief clerk of the Board cannot collect backpay
 
1893 Act repealing the National Board of Health (link to scanned copy below)
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Court Response

_Dunwoody v United States_ 138 U.S. 578 (1892) held that Mr Dunwoody, the chief clerk and sometime secretary of the National Board of Health, could not recover money from the federal government in the absence of specific grants payable to the Board.
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Louisiana v Texas 176 US 1 (1900) held that there was no interstate federal jurisdiction merely because the quarantine actions of one state (Texas) hurt those of another (Louisiana). The facts of the case concerned the Texan embargo on interstate trade during the yellow fever outbreak in 1899. The Supreme Court point-blank refused to get involved.
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_Louisiana v Texas_ 176 US 1 (1900) held that there was no interstate federal jurisdiction merely because the quarantine actions of one state (Texas) hurt those of another (Louisiana). The facts of the case concerned the Texan embargo on interstate trade during the yellow fever outbreak in 1899. The Supreme Court point-blank refused to get involved.
 

The enaction of federal quarantine laws


Revision 17r17 - 25 Jan 2010 - 19:36:02 - EmilyByrne
Revision 16r16 - 25 Jan 2010 - 17:06:48 - EmilyByrne
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