The Abby Dodge
Supreme Court of the United States
. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES . FOR THE SOUTHERN DISTRICT OF FLORIDA. The facts, which involve the constitutionality and construction of the act of Congress of June 20, 1906, relating to landing of sponges in ports of the United' States, are stated in the opinion.
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. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES . FOR THE SOUTHERN DISTRICT OF FLORIDA. The facts, which involve the constitutionality and construction of the act of Congress of June 20, 1906, relating to landing of sponges in ports of the United' States, are stated in the opinion. Congress had no power under the Federal' Constitution to pass the act of June 20, 1906. Marbury v. Madison, 1 Cranch, 137. Under the wording of the act, sponges are prohibited from being landed at any port of the United States, even if t'^ken within the waters of a State; and no element whatever of interstate…
1Opinion of the CourtChief Justice White
By libel of the vessel A bby Dodge, either her forfeiture or the enforcement of a money penalty was sought because of an alleged violation of the act of June 20, 1906, 34 Stat. 313, ch. 3442, entitled, “An Act To regulate the landing, delivery, cure, and sale of sponges.” The specific violation alleged was “That there was at the port of Tarpon Springs, within the Southern District of Florida, on the 28th day of September, A. D. 1908, landed from the said vessel, Abby Dodge, 1,229 bunches of sponges, taken by means of diving and apparatus from the waters of the Gulf of Mexico and the Straits…
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