Office State Board of Hcaltli, 
JACKSON, MISS., JUNE lath, iS/p. 
HO.V. T C. Attorney General: 
Dear Sir: I respectfully request your opinion as to whether the Boards of Super- 
ivsors of counties, or the governments of incorporated towns, have the power to prevent 
the passage or running of railroad trains, within their jurisdiction, in order to prevent 
the introduction or spread of yellow fever, or other contagious or infectious diseases. 
Your opinion on this question is sought with special reference to quarantines that may be 
established to prevent the introduction and spread of yellow lever. The question, in 
this connection is one of great interest, for if such power is possessed one important fac- 
tor, (railroad trains) in introducing epidemics into our State from neighboring States, 
might be removed, 
O _ 
Please also inform me if the same authorities have the power to prevent the running 
or passage of water cralt. 
Very truly yours, 
WIRT JOHNSTON, 
Secretary and Executive Officer of Mississippi State Board of Health. 
J/s-l/i; JS1 /f. 
DR. WIRT JOHNSTON, Jackson: 
Dear Sir: Yours of the 12th inst. received. Under Section 27J9 of the Code, it 
would be extremely difficult to place a limit upon the power of the Boards of Supervisors 
and the corporate authorities of cities and towns, in adopting measures to prevent the 
introduction or spread of yellow fever and other diseases. 
The language of that section is extremely broad, and would, I think, warrant the 
stopping of trains, and the landing of vessels, if deemed necessary or expedient to pre- 
vent the introduction or spread ot diseases. 
The power conferred by this Statute is in my judgment broad enough to cover any 
measure deemed expedient and proper. 
Quarantine regulations and health laws of every description, being regulations of 
police, are clearly within the sovereign power of the States; do not violate any constitu- 
tional provision; are sustainable even if they effect commerce incidentally, and have gen- 
erally passed unchallenged. I have no doubt of the validity of the Statute mentioned, 
whether viewed from a constitutional stand-point, or otherwise. 
Possessing the power itself, the State can execute it, cither directly, or through the 
agency of counties and towns. 
Respectfully, 
T. C. CATCHINGS.