Organ v. State
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court. Organ was convicted of a violation of the act prohibiting the exportation of fish and game from the State. It is conceded that he was master af a steamboat plying the Mississippi river between West Memphis, in Crittenden county, Arkansas, and Memphis, Tenn., and that as such master he received and transported a barrel of fish from the former to the latter place, and that the fish were taken from public waters in Crittenden county.
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Appeal from Crittenden Circuit Court. Organ was convicted of a violation of the act prohibiting the exportation of fish and game from the State. It is conceded that he was master af a steamboat plying the Mississippi river between West Memphis, in Crittenden county, Arkansas, and Memphis, Tenn., and that as such master he received and transported a barrel of fish from the former to the latter place, and that the fish were taken from public waters in Crittenden county. Organ has appealed, and contends that the act under which the conviction was had .is unconstitutional. The act of April…
1Opinion of the CourtHemingway, J.
The ownership of fish is in the' . State for the benefit of its people in common, and the legislature has the right to permit individuals to’ catch them upon such terms and conditions as it may impose, and to restrict the property acquired in them, when caught, to such extent as it deems proper. McCready v. Virginia, 94 U. S. 391 ;American Express Company v. People, 133 Ill. 649; Magner v. People, 97 Ill. 333.
It may prohibit catching them entirely, or for a specified season ; of it may permit them to be caught for the use of the person who makes the catch, and withhold the right to sell them,…
2Cases cited5 opinions
- McCready v. VirginiaSupreme Court of the United States · 1877
- American Express Co. v. PeopleIllinois Supreme Court · 1890
- State v. SaundersSupreme Court of Kansas · 1877
- State v. GeerSupreme Court of Connecticut · 1891
- Territory v. EvansIdaho Supreme Court · 1890
3Cited by16 opinions
- State v. RodmanSupreme Court of Minnesota · 1894
- Lewis v. StateSupreme Court of Arkansas · 1913
- State v. MallorySupreme Court of Arkansas · 1904
- Ex parte FritzMississippi Supreme Court · 1905
- United States v. ShauverDistrict Court, E.D. Arkansas · 1914
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