have arisen which have been referred to and which include the recent matter of a bubonic plague in California, the experience with yellow fever in the South, and the experience with a leper and the problem presented of the transportation of that patient. I have heard no request from any quarter affected in any of these instances by way of an appeal for the protecting intervention of the National Government by virtue of such legislation as these bills propose. Mr. Escн. Do you question the right of the States to solicit information and cooperation from the Public Health Service and question the right of the States to accept such service? Mr. SHERIDAN. I think, Mr. Esch, that in the ordinary course of events and those are the only events we have before us-we may properly confine ourselves to the plain meaning of the fundamental law. There has not been a case made out of a widespread calamitous condition in any of the instances referred to, and I think we may safely put the objection upon the ground that it results in a duplication of the expense of government. Mr. Escн. Well, you are aware that it has been practiced for many years? Mr. SHERIDAN. I am sorry to say I am aware of that, Mr. Esch; but I do not think it is safe governmental action. Mr. Escн. Having been practiced for many years, are you aware of any of the decisions of the courts questioning the validity of the practice? Mr. SHERIDAN. I will say, Mr. Esch, if you will pardon me, that I do not feel I would look for a decision against it, but I think I would look for some warrant for it first, and if I found no warrant for it, and I found no extraordinary condition presented, I would say, then, that we were safer if we looked to the letter of the law. Mr. STEVENS. Do you not realize that the courts have uniformly held, from the Supreme Court down, that where a custom or course of business has been carried on by the Government for many years acceptably to the people, the courts will regard that construction as valid unless express prohibition is shown? Mr. SHERIDAN. I think, Mr. Stevens, I may say that in my opinion those instances are confined to matters that are of no fundamental importance. I consider this question that we are considering one of the chiefest importance. Mr. STEVENS. But courts have made no such distinction. Mr. SHERIDAN. I think if we were to consult the decisions we would find that uniformly the subject of health has been recognized as among the matters of importance in the decisions as they have been rendered from the bench. Mr. STEVENS. But that is not the point. The point is, where a course of construction has been carried on by the Government for many years acceptably to the States, to the people, to the courts, and everybody connected with it, that it has uniformly been sustained by the courts unless a prohibition against it is found in our fundamental law. Mr. SHERIDAN. Now, Mr. Stevens, later on I have taken up the very question that you have put, I think, in the very way that you have it in mind. If, however, when I have passed it I have not covered the point you make I desire very much to do so. Mr. STEVENS. All right. Mr. SHERIDAN. But from some of the great cities you have heard he voice of protest against the bills, while from such communities would be expected appeals for such help as is involved in these bills f the contentions of those who advocate them were sound. I believe he people in the great cities and States represented in the opposition o the bills regard it as a timely protest where it appears in any and all of these proposed laws there is a step toward the invasion of the States as regards both health and education. Now, as for section 3 of H. R. 24875, providing for publication and lissemination by bulletins and exhibits, "the practical information concerning the prevention or suppression of tuberculosis, typhoid ever, rabies, leprosy, and other diseases pertaining to man," and section 4, providing for the establishment of a school of hygiene, to which may be admitted state, territorial, county, and municipal health officials, I can find no reason to doubt that under the language employed in these sections there would be not only a cost to the people hard to measure, but it may fairly be stated, I believe, upon the testimony given here by the proponents themselves, that the percentage of the people suffering from disorders of one nature and another would be increased rather than diminished by the widespread dissemination of bulletins and exhibits, burdened with information as to disease. The provision in section 5 of H. R. 24875 providing for "the duty of the Surgeon-General under direction of the Secretary of the Treasury to investigate the pollution of interstate waters as it affects the public health is, so far as I can see, an unnecessary service by the National Government and involves an encroachment upon the duties of the States and a duplication of expense. But a most striking objection to this section lies to the clause "there shall also be appointed in like manner a law officer of the public health service who shall be familiar with the public health laws of the National Government, States and municipalities, make a compilation of said laws, aid in establishing uniform measures for the protection of the public health, and perform such service of a legal nature as may be required." I do not stop to discuss the salary feature of this section with respect to the various officers provided for, but I point to the possibilities of danger in the clause just referred to. When one thinks of the activities of such an office it, in effect, sanctions the principle of lobbying, for it is but natural to suppose that with the power of a great bureau behind him his influence would be exerted to build up the power of the bureau of the National Government and consequently to diminish the activity and usefulness of this branch of the state government. While there are other objections to be directed toward other sections in these bills, I call attention merely to the unmistakable fact that this uncalled-for legislation would not only involve the duplication of the expense of government service, but that it does not require a very crítical examination of the bills to see a sign of an extravagant use of the public treasury. If the country had just gone through a devastating experience, widespread in its scope, there might be found an excuse but not a reason for the provisions of these bills. In regard to the language I have used about extravagant use of the Public Treasury, I desire to state to the committee, in all frankness, that I have used it without the slightest idea of having it mean that the gentlemen at this table would indulge in an extravagant use; I am using those words in view of the explanation that has been made about the drafting and presenting of the bills, and in the same frank manner I have used the words that I would expect you gentlemen to speak to me on a question of public duty. And the proponents say that this is only a step. The eminent counsel of the committee of one hundred, who appeared before you, indicated that later he would again take up the subject with Congress. It may be possible to fairly say that the labors which Mr. Shiras referred to which he has performed for four years have not been confined to the objects even which are stated in the bills under consideration, but that later he will be ready to defend as constitutional what will go far beyond. It has been shown upon the side of the protestants against these bills, in the argument of Hon. John L. Bates, that there is no warrant under the enumerated powers of Congress for the legislation proposed. I may be permitted further to call the attention of your honorable committee to a decision of recent date which has a most important bearing upon what I believe is regarded in itself as a most un-American tendency of recent development. In the case of Kansas v. Colorado (206 United States, 91), the United States intervened and set up the claim that if an object of government is too large for the several States to deal with it successfully, it is for that reason within the jurisdiction of the National Government. In that particular case the object over which the National Government asserted jurisdiction on this theory was the reclamation of the arid lands of the Western States, it being an aspect of the conservation of national resources. The contention of the Solicitor-General was similar to some of the arguments made in support of the bills now before your committee. But the Solicitor-General's contention was rejected by the unanimous judgment of the United States Supreme Court. The court said: As our national territory has been enlarged, we have within our borders extensive tracts of arid lands which ought to be reclaimed, and it may well be that no power is adequate for their reclamation other than that of the National Government. But if no such power has been granted none can be exercised. And so with Congress there is a solemn duty involved in passing upon the claim of right for the legislation proposed in these bills, and it is the duty of determining what shall be done when the real danger of unwarranted exercise of power appears in an arm of government. You have seen by the evidence presented that but one theory and practice of medicine is represented in the government departments. I may accept of the privilege of filing with your honorable committee a statement which has been formulated by those who are protesting. I have the statement in my hand and will hand it to the stenographer for the purpose of the record, if the gentlemen will permit: Medical practitioners in the Government departments employed as such are as follows: War Department: Officers of the regular Medical Corps, ranking from first lieutenant to brigadier-general... Medical Reserve Corps, ranking as first lieutenants. Contract surgeons.. Total... There is, in addition, an inactive list of 99 and a distinguished list of 140 called upon for special service upon occasion and paid for that service. Navy Department: The legal strength of the Medical Corps of the Navy Department, which is kept practically full, is.. Acting assistants.... Total....... Of these, 15 rank as rear-admirals, 16 as commanders, 86 as lieutenant-commanders, and the balance as lieutenants and lieutenants (junior grade). State Department...... Treasury Department, Marine-Hospital Service: Surgeon-General... Surgeons. Passed assistant surgeons. Assistant surgeons. Acting surgeons.. Quarantine service.. Temporary men. Total....... Department of Justice: One each at federal prisons and District jail...... Estimated retained at points where federal prisoners are held. Fees are paid to physicians at practically every county jail in the whole country. 424 100 The Department of Agriculture employs about 250 chemists, 948 veterinary inspectors, 1,026 live stock inspectors, 1,026 meat inspectors, and others whose work verges on medical practice. To enter the service of any of these departments, the applicant must stand the test of the regular school. There is no provision against other schools, but the regular school test is applied. All government practice is in accordance with that school, and the appointee would be allowed no other practice. There is no record of a man in the government service who is not of the regular school. In that statement facts and figures relating to the following departments are set forth, namely: War Department, Navy Department, State Department, Treasury Department, Marine-Hospital Service, Department of Justice, Department of the Interior, and in which statement these words appear: To enter the service of any of these departments the applicant must stand the test of the regular school. There is no provision against other schools, but the regularschool test is applied. All government practice is in accordance with that school and the appointee would be allowed no other practice. There is no record of a man in the government service who is not of the regular school. Mr. STEVENS. Where do those words appear? Mr. SHERIDAN. That is the statement of the gentleman who prepared this statement, a gentleman asked by our side to gather these facts, and I have assumed he has done it carefully, but I can not say further than that about it; I have introduced it merely on the theory that it can be verified. Mr. STEVENS. I misunderstood you. The fact is that in his opinion the standard fixed by the various departments for examinations for efficiency is the standard that the regular school adopts in its work! Mr. SHERIDAN. Yes. Mr. Stevens, I understand this that I have quoted, and to which you refer, is entirely his conclusion. Mr. Éscн. Is that the same statement that has been referred to? Mr. SHERIDAN. This is the statement that Doctor Crutcher referred to. Mr. Escн. I requested him to file with his hearing rules and regulations that covered those points. I do not know whether you have them or not. Mr. SHERIDAN. I have something bearing on that, and I will file it now, Mr. Esch. Mr. Escн. Yes; I think that will be proper. Mr. SHERIDAN. I will file, then, a printed pamphlet of the Treasury Department, Bureau of Public Health and Marine-Hospital Service, Department Circular No. 24; also a specimen list of written questions used in an examination for admission to the grade of assistant surgeon, United States Public Health and Marine-Hospital Service; and, further, an application for examination for appointment as assistant surgeon. There have have been made on these various exhibits some memoranda by, I think, Doctor Crutcher, and I will not erase them, because they refer to his opinions, to which I could refer if I were to take the time of the committee, but I think the matter can be covered if I leave these pencil memoranda on the exhibits. [Pencil memoranda are printed in brackets.] INFORMATION FOR PERSONS DESIROUS OF ENTERING THE MEDICAL CORPS OF THE PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE OF THE UNITED STATES. 1903.-Department Circular No. 24.] TREASURY DEPARTMENT, BUREAU OF PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE, The following extract from the Revised Regulations of the Public Health and Marine-Hospital Service is hereby published for the information of candidates for appointment into that service: The following is the act governing appointments: "Medical officers of the Public Health and Marine-Hospital Service of the United States shall hereafter be appointed by the President, by and with the advice and consent of the Senate; and no persons shall be so appointed until after passing a satisfactory examination in the several branches of medicine, surgery, and hygiene before a board of medical officers of the said service. Said examination shall be conducted according to rules prepared by the Surgeon-General, and approved by the Secretary of the Treasury and the President. "SEC. 2. That original appointments in the service shall only be made to the rank of assistant surgeon; and no officer shall be promoted to the rank of passed assistant surgeon until after four years' service and a second examination as aforesaid; and no passed assistant surgeon shall be promoted to be surgeon until after due examination: Provided, That nothing in this act shall be so construed as to affect the rank or promotion of any officer originally appointed before the adoption of the regulations of eighteen hundred and seventy-nine; and the President is authorized to nominate for confirmation the officers in the service on the date of the passage of this act." 18. Graduates of medicine desirous of undergoing examination for the position of assistant surgeon in the Public Health and Marine-Hospital Service of the United States must make an application, addressed to the Surgeon-General, in their own handwriting, requesting permission to appear before the board of examiners. Appli cants for examination should state their age, date, and place of birth, present legg residence, and whether they are citizens of the United States, and name of medics school and college of which they are graduates, and furnish testimonials from at least |