Case library · Whose Fish Are They?
Licensed to Dredge
Smith v. Maryland (1855)
Charge: Oyster-dredging forfeitureCourt: U.S. Supreme CourtState: MarylandDocket: Whose Fish Are They?
Could a state forfeit a federally licensed vessel for using banned gear on oyster beds in its own waters?
The facts
A sloop owned out of state was enrolled and licensed under federal law for the coasting trade. Her crew took oysters in a state's bay waters by dragging a scoop along the bottom. A state statute banned taking oysters with any scoop or drag, and on seizure the whole vessel was forfeited along with her papers, tackle and gear. Her owner said the federal license covered him.
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: Smith v. Maryland, 59 U.S. (18 How.) 71 (1855)
Read more at supreme.justia.com. The source reveals the outcome.