Barrett v. . State of New York
New York Court of Appeals
Appeal from. a judgment of the Appellate Division of the Supreme Court for the third judicial department, entered May 18, 1916, affirming a determination of the Board of Claims in favor of the plaintiffs. The nature of the claims and the facts, so far as material, are stated in the opinion. The statutes enacted for the protection and preservation of beaver were within, the proper exercise of police power.
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Appeal from. a judgment of the Appellate Division of the Supreme Court for the third judicial department, entered May 18, 1916, affirming a determination of the Board of Claims in favor of the plaintiffs. The nature of the claims and the facts, so far as material, are stated in the opinion. The statutes enacted for the protection and preservation of beaver were within, the proper exercise of police power. (Geer v. Connecticut, 161 U. S. 519; People v. Bootman, 180 N. Y. 1; Phelps v. Racey, 60 N. Y. 10; People ex rel. Hill v. Hesterberg, 180 N. Y. 126; 211 U. S. 31; Lawton v. Steel, 119 N. Y.…
1Opinion of the CourtAndrews, J.
At one time beaver were very numerous in this state. So important were they commercially that they were represented upon the seal of the New Netherlands and upon that of the colony as well as upon the seals of New Amsterdam and of New York.
Because of their value they were relentlessly killed, and by the year 1900 they were practically exterminated. But some fifteen animals were left, scattered through the southern portion of Franklin county.
In that year the- legislature undertook to afford them complete protection, and there has been no open season for beaver since the enactment of chapter 20…
2Cases cited2 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Phelps v. . RaceyNew York Court of Appeals · 1875
3Cited by76 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Weiss v. FoteNew York Court of Appeals · 1960
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Francis v. MorialSupreme Court of Louisiana · 1984
- A. E. Nettleton Co. v. DiamondNew York Court of Appeals · 1970
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