Legal Opinion

State v. Corson

Supreme Court of New Jersey

Decided November 11, 1901PublishedCited by 19 opinions

On certiorari. On motion to quash indictment. The legislature of this state, on March 24th, 1899, passed-an act entitled “An act for the better regulation and control of the taking, planting and cultivating of oysters on lands lying under tidal waters of the Delaware bay'and Maurice river cove, in the State of Now Jersey.” Pamph.

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On certiorari. On motion to quash indictment. The legislature of this state, on March 24th, 1899, passed-an act entitled “An act for the better regulation and control of the taking, planting and cultivating of oysters on lands lying under tidal waters of the Delaware bay'and Maurice river cove, in the State of Now Jersey.” Pamph. L., p. 506. This act, as its title suggests, creates a complete scheme for the planting, cultivating and taking of oysters on the lands of the state lying under the tidal waters mentioned.- The first section provide^ for the creation of a “state oyster commission,”…

1Opinion of the Court

The opinion of the court was delivered by

Gummere, J.

The only ground upon which this indictment

is attacked is that the statute, under which it is found, is void, because in conflict with both the federal and the state constitutions. It is claimed by the prosecutor that it runs counter to the following provisions of the federal instrument, viz.: Article 1, section 8, “Congress shall have power * * * to regulate commerce * * * among the several states.” Article 1, section 10, paragraph 3, “Ho state shall, without the consent *183of congress, lay any duty of tonnage.” Article 4, section 2, “The…

2Cases cited4 opinions

  1. McCready v. VirginiaSupreme Court of the United States · 1877
  2. City of Newark v. Mount Pleasant Cemetery Co.Supreme Court of New Jersey · 1895
  3. State v. PostSupreme Court of New Jersey · 1893
  4. The North CapeDistrict Court, N.D. Illinois · 1876

3Cited by19 opinions

  1. O'Keefe v. Passaic Valley Water CommissionSupreme Court of New Jersey · 1993
  2. Boucher v. EngstromAlaska Supreme Court · 1974
  3. Coyle v. SmithSupreme Court of Oklahoma · 1911
  4. State Ex Rel. Gray v. StoutamireSupreme Court of Florida · 1938
  5. Stephensen v. WoodTexas Supreme Court · 1931

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