Decision By Judge Steere
Lansino. Dec. 27. - Sectary Baker of the state board of health has received a copy üf the opinión rendered by Judge Steere of Sault Ste. Marie in an action brought by the state board of health to test its rights to prescribe quarantine rules and regulations at the Canadian border. Action was brought by the board by an application for mandamus to compel Frank K. Warner, a justice of the peace to entertain a criminal complaint and proceed with the trial of a case brought againet a station agent of the Duluth, South Shore and Atlantic railroad, who refused to detain the baggage of immigrants for insx)ection and disinfection. Judge Steere deuied the mandamus for the reason that the statuto under which the criminal proceedings were sought to be brought is invalid in the particular that it seeks to delégate to a nonelective subordínate board legisla tive powers to créate a misderneanor and is a violation of sections 1 and 38 of article 4 of the constitution of the state, which vests, legislativa powers only in the house and senate of the state legislature, and gives them powers to delégate such privileges only to townships. cities, villages and boards of supervisors.
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