Minneapolis, St. P. & S.S.M. Ry. Co. v. Milner

• Decision Date: 29 July 1893
• Citation: 57 F. 276
• Parties: MINNEAPOLIS, ST. P. & S. S. M. RY. CO. v. MILNER et al.
• Court: U.S. District Court — Western District of Michigan

57 F. 276

MINNEAPOLIS, ST. P. & S. S. M. RY. CO. v. MILNER et al.

United States Circuit Court, W.D. Michigan, Northern Division.

July 29, 1893

E. C Chapin and John D. Conley, for plaintiff.

A. A Ellis, for defendants.

Before SEVERENS and SAGE, District Judges.

PER CURIAM.

The bill sets forth that the complainant, a corporation of the state of Michigan, is, and has been for several years past engaged, under a traffic arrangement with the Canadian Pacific Railway Company, in the transportation of passengers on through tickets from Quebec, westward through Canada and over the line of the complainant's railway to and through the states of Michigan, Wisconsin, Minnesota, and North Dakota; also eastward from those states through Canada to Quebec; a large portion of the passengers westward being persons traveling from Norway and Sweden to points in said states.

The defendants, it is averred, constitute the state board of health of Michigan, assuming to exercise authority under an act passed by the legislature of said state, and approved June 20, 1885, entitled 'An act to provide for the prevention of the introduction and spread of cholera and 'other dangerous communicable diseases,' as amended by 'An act approved April 26th, 1893.'' The bill has attached to it as exhibits a copy of each of said acts and of certain rules adopted by the board, purported to be issued under and by virtue of the authority conferred by the amendatory act. It is further averred that the board, acting through its secretary and one of its inspectors, and in pursuance of said rules, is daily detaining and attempting to detain passengers on the Canadian Pacific Railway at the point opposite Sault Ste. Marie, Mich., and prohibiting their entering the state of Michigan until they have undergone the quarantine detention; and until the disinfection of their baggage as prescribed in said rules. It is averred that this detention, examination, and process of disinfection of baggage is applied to all emigrants, irrespective of whether they came from an infected or healthy locality abroad, and without regard to their point of destination. It is further averred that all said emigrants and travelers have been, before said detention, inspected by United States officials detailed for the purpose, and that complainant has not received nor permitted to be conveyed within the state of Michigan any passenger, traveler, or emigrant coming from any European port through the dominion of Canada, excepting such as have presented a certificate of inspection of the United States inspector. It is also averred that the board is threatening to arrest officials and employes of complainant unless complainant shall submit to and comply with the requirements of the board.

The claim is that the rules and action of the board of health are in direct violation of section 8, art. 1, of the constitution of the United States, in that they attempt to regulate and prohibit commerce with foreign nations; and that they are also in violation of the treaty made by and between the United States and Norway and Sweden, and now existing; also that they are over, above, and beyond the powers conferred...