C. J. Hendry Co. v. Moore

If this case involved only a fishnet, I should be inclined to acquiesce in the holding of the Court. Indeed, we have held that a state may seize and condemn a fishnet of trifling value without following the formal procedure of court action at all. Lawton v. Steele, 152 U. S. 133. But the principle laid down here involves far more than a fishnet, for under it state courts are authorized through in rem proceedings to seize and condemn, for violation of local law, any equipment or vessel employed in maritime activity. Today’s in rem action is against a fishnet used in patently illegal fashion;…