Decision By Judge Steere

Decision By Judge Steere.

Gives His Reason for Refusing to Grant a Mandamns.

Lansing, Dec. 27.--Secretary Baker of the state board of health has received a copy of the opinion 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 comel Frank R. Warner, a justice of the peace to entertain a criminal complaint and proceed with the trial of a case brought against a station agent of the Duluth, South Shore and Atlantic railroad, who refused to detain the baggage of immigrants for inspection and disinfection.

Judge Steere denied the mandamus for the reason that the statute under which the criminal proceedings were sought to be brought is invalid in the particular that it seeks to delegate to a nonelective subordinate board legislative powers to create a misdemeanor and is a violation of sections 1 and 38 of article 4 of the constitution of the state, which vests legislative powers only in the house and senate of the state legislature, and gives them powers to delegate such privileges only to townships, cities, villages and boards of supervisors.