Case library · Whose Waters?
Two Laws, One River
Nielsen v. Oregon (1909)
Charge: Banned net-fishing (license conflict)Court: U.S. Supreme CourtState: OregonDocket: Whose Waters?
Where two states share criminal jurisdiction over one river, may one punish what the other expressly licensed?
The facts
Two states share a wide river that runs between them, and by the terms of their admission each may enforce its criminal law over the whole of it. The Defendant bought a license from the state on one bank, paid the fee, and used a purse net for salmon in the water on that same side. The other state's law made that net a crime anywhere on the river. That state arrested and prosecuted him for it.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Nielsen v. Oregon, 212 U.S. 315 (1909)
Read more at courtlistener.com. The source reveals the outcome.