United States Supreme Court Cases & Opinions

U.S. Supreme Court

Miller v. McLaughlin, 281 U.S. 261 (1930)

Miller v. McLaughlin

No. 261

Argued February 28, March 3, 1930

Decided April 14 1930

281 U.S. 261

Syllabus

Iowa and Nebraska are bounded by the middle of the main channel of the Missouri River. The Act of Congress admitting Iowa into the Union gave her "concurrent jurisdiction on" the river. An Iowa statute made it lawful for any person to take fish with nets and seines from the river within the jurisdiction of the state upon procuring a license. A Nebraska statute forbade the taking of fish with nets and seines from the waters within the state, and prohibited the possession of nets and seines. This suit was brought by a resident of Nebraska to enjoin enforcement of the Nebraska statute.

Held:

1. That the two statutes, as applied to the Missouri River, though not concurrent, are not inconsistent, each relating only to the part of the river within the jurisdiction of the state enacting it, and that the Nebraska prohibition is valid, at least as against residents of Nebraska. P. 281 U. S. 263.

2. That a state may regulate or prohibit fishing within its waters, and, for the proper enforcement of such statutes, may prohibit the possession within its borders of the special instruments of violation, regardless of the time of acquisition or the protestations of lawful intentions on the part of a particular possessor. P. 281 U. S. 264.

118 Neb. 174 affirmed.

Page 281 U. S. 262

Certiorari, 280 U.S. 541, to review a decree of the Supreme Court of Nebraska which reversed a decree of injunction, and ordered that the bill be dismissed, in a suit to prevent the enforcement of a Nebraska statute against fishing with nets, etc.