Lee v. New Jersey,
207 U.S. 67 (1907)

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U.S. Supreme Court

Lee v. New Jersey, 207 U.S. 67 (1907)

Lee v. New Jersey

No. 16

Argued October 16, 1907

Decided October 28, 1907

207 U.S. 67


A state has power to regulate the oyster industry, although carried on under tidal water in the state.

Although a state statute may be unconstitutional as against a class to which the party complaining does not belong, that fact does not authorize the reversal of a judgment not enforcing the statute so as to deprive that party of any right protected by the federal Constitution.

Where it appear that a conviction under the New Jersey statute for the protection of the oyster industry depended both in the charge and in the testimony upon the actual illegal use of oyster dredge, and the possible construction of the statute which made it a crime to merely

Page 207 U. S. 68

navigate interstate waters was not essential to the case, no valid constitutional objection can be raised for want of power to pass or enforce the statute.

70 N.J.L. 368 affirmed.

The facts are stated in the opinion.

Page 207 U. S. 69

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