State v. Harrub
Supreme Court of Alabama
Feom; tlie City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe opinion states all tbe facts of tbe case. witb whom was Gaylokd B. Clark, filed a printed brief and argument, from wbicb tbe following extracts are taken:— The title of tbe State to tbe oyster-beds witbin its jurisdiction bas not its source in private concession, nor in legislative declaration. It dates from tbe birtb of tbe State, and rests upon its sovereignty.
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Feom; tlie City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe opinion states all tbe facts of tbe case. witb whom was Gaylokd B. Clark, filed a printed brief and argument, from wbicb tbe following extracts are taken:— The title of tbe State to tbe oyster-beds witbin its jurisdiction bas not its source in private concession, nor in legislative declaration. It dates from tbe birtb of tbe State, and rests upon its sovereignty. Prior to tbe Revolution, tbe dominion and property in navigable waters, and tbe lands under tbem, were beld to belong to tbe European nation by wbicb tbe…
1Opinion of the CourtColeman, J.
The defendants were arrested for a violation of the act of February 18th, 1891, pp. 1072-1084, entitled, “An act to regulate the planting and taking of oysters in the waters of this State.” Upon habeas corpus proceedings the defendants were discharged, the court holding that the act of the legislature was unconstitutional and void, as contravening the third sub-division of the eighth section of Article I of the Constitution of the United States, which provides, that Congress shall have power “to regulate commerce with foreign nations, and among the several States, and with the Indian Tribes.”
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2Cases cited11 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- The Daniel BallSupreme Court of the United States · 1871
- Coe v. ErrolSupreme Court of the United States · 1886
- Kidd v. PearsonSupreme Court of the United States · 1888
- McCready v. VirginiaSupreme Court of the United States · 1877
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3Cited by9 opinions
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- White v. PentonSupreme Court of Florida · 1926
- Chamberlain v. Board of CommissionersSupreme Court of Alabama · 1943
- Hood v. MurphySupreme Court of Alabama · 1936
- Cleveland v. AlbaSupreme Court of Alabama · 1908
4 more not listed; retrieve them via the Exa API.