State v. Theriault
Supreme Court of Vermont
Complaint for illegal fishing. Heard on demurrer to the complaint in the city court of Montpelier, January 6, 1898. The statute is unconstitutional for it amounts to a taking of private property for public use without compensation.
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Complaint for illegal fishing. Heard on demurrer to the complaint in the city court of Montpelier, January 6, 1898. The statute is unconstitutional for it amounts to a taking of private property for public use without compensation. It authorizes the commissioners to take possession of non-boatable private streams and, by stocking, posting and advertising, convert them into public waters, in which there will exist the same general public right of fishing as in boatable watex-s. In New England Club v. Mather, 68 Vt. 338, it was expressly held that the State had no jurisdiction over any watex's,…
1Opinion of the CourtRoss, C. J.
The respondent excepted to the judgment of the city court of the city of Montpelier holding, on demurrer, the complaint of the state’s attorney sufficient. The complaint is in three counts. They all charge him with illegally fishing in a stream known as Hale’s brook on land owned *619by George Hale in the county of Washington, which brook flows into the Winooski river, a boatable stream. Each count alleges that the brook had been stocked with trout by the fish and game commissioners, and duly posted and advertised agreeably to V. S. 4568. The first count alleges that this was done with the…
2Cases cited14 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Magner v. PeopleIllinois Supreme Court · 1881
- People v. . EwerNew York Court of Appeals · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- State v. MorseSupreme Court of Vermont · 1911
- Hazen v. PerkinsSupreme Court of Vermont · 1918
- State v. MallorySupreme Court of Arkansas · 1904
- Herrin v. SutherlandMontana Supreme Court · 1925
14 more not listed; retrieve them via the Exa API.