Bartlett v. Lockwood, 95

• Decision Date: 06 January 1896
• Docket Number: No. 95,95
• Citation: 40 L.Ed. 455,160 U.S. 357,16 S.Ct. 334
• Parties: BARTLETT et al. v. LOCKWOOD et al
• Court: U.S. Supreme Court

160 U.S. 357

16 S.Ct. 334

40 L.Ed. 455

BARTLETT et al.

v LOCKWOOD et al.

No. 95.

January 6, 1896.

This was a motion to dismiss a writ of error sued out by the firm of E. B. Bartlett & Co., defendants in the court below, to review a judgment obtained against them in the supreme court of New York by the firm of Lockwood & McClintock, for a conspiracy to have certain cargoes of rags belonging to the plaintiffs condemned as unclean and infectious property. With the firm of E. B. Bartlett & Co. was also impleaded as defendant Dr. William M. Smith, sued as an individual, but alleged to be at the time of the transaction health officer of the port of New York.

The complaint alleged, in substance, that in May, 1885, plaintiffs imported by ship Vigilant from Japan, and by brak Battaglia from Leghorn, about 3,000 bales of rags, of which plaintiffs were entitled to the possession and control; that the defendant Smith, the health officer of the port, with intent to injure plaintiffs, conspired with the firm of Bartlett & Co. to have such rags condemned as unclean and infectious property, and to require them to be disinfected under a process used by Bartlett & Co., so that they would be entitled to charge plaintiffs therefor, and to hold such rags until such charges were paid; that Smith, under color of his office, wrongfully and unlawfully caused such rags to be taken from the vessels, and transferred to the place of business of said Bartlett & Co. for the purpose of having the same disinfected, although he, as well as Bartlett & Co., knew that the rags were clean and free from any infectious matter, were not dangerous to health, and did not require to be disinfected; that, by reason of such wrongful conspiracy and acts, the rags were taken by Bartlett & Co., and kept by them from June 5th to October 1st, during which time they were partially subjected to a pretended process of disinfection, which was ineffectual and worthless for any real purpose of disinfection, and which greatly damaged and injured the rags, but which process was fraudulently and collusively approved of by said Smith, with intent to give Bartlett & Co. the monopoly of the disinfection of rags, so that they might be able to extort from plaintiffs and others large sums of money for such so-called 'disinfection'; that plaintiffs protested against such conduct, demanded possession of their rags, which defendants refused to deliver until the charges for the transfer and disinfection were paid, by reason of which acts plaintiffs suffered large damages.

The answer of defendants Bartlett & Co. denied the conspiracy charged in the complaint; admitted defendant Smith to be the health officer; but denied 'that he had full charge and control over vessels and cargoes coming into the port, except as authorized by the statutes of the state of New York and the regulations of the United States and the port of New York.'

The action was tried in the supreme court before a jury, and a verdict rendered for the plaintiffs as against the defendant firm of Bartlett & Co. for $8,000, the jury disagreeing as to the defendant Smith. Judgment having been entered upon this verdict, defendants appealed to the general term, which, upon a hearing before three judges, directed that, upon plaintiffs stipulating to reduce the original judgment in the sum of $1,675.16, the judgment as to the residue be affirmed. The stipulation was given, and the judgment reduced accordingly. Defendants appealed from this judgment to the court of appeals, which ordered that the judgment should be reversed, and a new trial granted, unless plaintiff stipulated to reduce the recovery of damages to $3,182.52. 130 N. Y. 340, 29 N. E. 257. The case being remitted to the supreme court, and the plaintiffs having given the stipulation required by the judgment of the court of appeals, judgment was entered in favor of the plaintiffs for $3,914.05, to review which judgment defendants sued out this writ of error.

Henry W. Goodrich, for plaintiffs in error.

C. W. Bangs, for defendants in error.

Mr. Justice BROWN, after stating facts as above, delivered the opinion of the court.

There is certainly nothing in the pleadings in this case to indicate a federal question. It is simply an action of con- spiracy to injure the plaintiffs, and it does not appear from the complaint that the validity of any statute of the United States, or any authority exercised under the United States, was drawn in question. The answer of the principal defendants, Bartlett & Co., sets up no claim of privilege or immunity under any statute of the United States, or any authority exercised thereunder. Indeed, there is nothing anywhere in the record to indicate that any federal statute or authority was specially set up or claimed in the state court.

Error, however, is assigned to the action of the court in holding that, under the statutes of the United States, neither the treasury department nor the collector had a right to order the disinfection of the plaintiffs' rags, and also in holding that the rags were not disinfected under the order of such department or the collector of customs.

The real question is whether the acts of which plaintiffs complain were done in pursuance of federal or state authority, or were the unauthorized acts of the defendants themselves. While, under its power to regulate foreign and interstate commerce, the authority of congress to establish quarantine regulations, and to protect the country as respects its commerce from contagious and infectious diseases, has never in recent years been questioned, such power had been allowed to remain in abeyance; and congress, doubtless in view of the different requirements of different climates and localities, and of the difficulty of framing a general law upon the subject, has elected to permit the several states to regulate the matter of protecting the public health as to themselves seemed best. Their power to do this was recognized by this court in Morgan's Louisiana & T. R. & S. S. Co. v. Louisiana Board of Health, 118 U. S. 455, 6 Sup. Ct. 1114. Congress has also confirmed such power by requiring (Rev. St. § 4792) that 'the quarantines and other restraints established by the health laws of any state, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue, * * * and that all such officers of the United States shall faithfully aid in the execution of such quarantines and health laws, according to their respective powers and within their respective pre- cincts, and as they shall be directed, from time to time, by the secretary of the treasury.'

Upon the trial it was shown that the Vigilant arrived at the New York quarantine May 30, 1885, with 2,920 bales of rags belonging to the plaintiffs. The health officer passed her at quarantine, and gave her a permission to proceed, which stated as follows with respect to the cargo: 'Cargo general (rags excepted). The vessel has permission to proceed.' There was some dispute as to whether the words 'rags excepted' were a limitation upon the permission of the vessel to proceed, or a qualification of the words 'general cargo.' The testimony of the health officer indicated that it meant that the vessel was to be allowed to proceed to her dock, and discharge her cargo, other than rags. Both parties evidently acted upon the theory that these words did not require an unloading of the rags at quarantine, as the vessel was allowed to proceed, and did proceed, to her dock, and on June 1st a permit was granted by the proper health officer of the city of New York 'to land and store said rags, provided the same be not broken from the bulk in the bales they are now in.' Thereupon plaintiffs went to the custom house to enter the goods, but the collector declined to receive the entry, and plaintiffs went with their counsel to Washington, to lay the matter before the secretary of the treasury.

At this time, the subject, so far as it came within the jurisdiction of the federal authorities, was regulated by two circulars issued by the secretary of the treasury, the first of which bore date of November 15, 1884, and prohibited 'the unlading in the United States of old rags shipped from and after the 20th instant from foreign ports, or countries now or hereafter known to be infected with contagious or epidemic diseases,' and further provided that 'no old rags shall be landed at any port of the United States except upon a certificate of the United States consular officer at the port of departure that such rags were not gathered or bailed at, or shipped from, any infected place, or any region contiguous thereto.' The second circular, dated December 22, 1884, modified previous circulars, and directed that 'no old rags EXCEPT THOSE AFLOAT ON...