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Miller v. McLaughlin, 281 U.S. 261 (1930)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Miller v. McLaughlin, 281 U.S. 261 (1930)
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Miller v. McLaughlin No. 261 Argued February 28, March 3, 1930 Decided April 14 1930 281 U.S. 261
CERTIORARI TO THE SUPREME COURT OF NEBRASKA
Syllabus
Iowa and Nebraska are bounded by the middle of the main channel of the Missouri River. The Act of Congress admitting Iowa into the Union gave her "concurrent jurisdiction on" the river. An Iowa statute made it lawful for any person to take fish with nets and seines from the river within the jurisdiction of the state upon procuring a license. A Nebraska statute forbade the taking of fish with nets and seines from the waters within the state, and prohibited the possession of nets and seines. This suit was brought by a resident of Nebraska to enjoin enforcement of the Nebraska statute.
Held:
1. That the two statutes, as applied to the Missouri River, though not concurrent, are not inconsistent, each relating only to the part of the river within the jurisdiction of the state enacting it, and that the Nebraska prohibition is valid, at least as against residents of Nebraska. P. 263.
2. That a state may regulate or prohibit fishing within its waters, and, for the proper enforcement of such statutes, may prohibit the possession within its borders of the special instruments of violation, regardless of the time of acquisition or the protestations of lawful intentions on the part of a particular possessor. P. 264.
118 Neb. 174 affirmed.
Certiorari, 280 U.S. 541, to review a decree of the Supreme Court of Nebraska which reversed a decree of injunction, and ordered that the bill be dismissed, in a suit to prevent the enforcement of a Nebraska statute against fishing with nets, etc.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Miller v. McLaughlin, 281 U.S. 261 (1930) in 281 U.S. 261 281 U.S. 262. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=J9ETMWCLV97K2J5.
MLA: U.S. Supreme Court. "Syllabus." Miller v. McLaughlin, 281 U.S. 261 (1930), in 281 U.S. 261, page 281 U.S. 262. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=J9ETMWCLV97K2J5.
Harvard: U.S. Supreme Court, 'Syllabus' in Miller v. McLaughlin, 281 U.S. 261 (1930). cited in 1930, 281 U.S. 261, pp.281 U.S. 262. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=J9ETMWCLV97K2J5.
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