Judicial History 21 April, May, and June, with gill nets or seines of any kind, subject to certain exceptions. Virginia had already passed an act (ch. 90 of 1842) which was almost identical in lan guage, but neither statute had mentioned the other state or the Compact. The Preamble to the Maryland act recited that Whereas, it has been represented to this General As sembly, that great injury and detriment is caused to the fishing on the Potomac River and its tributaries, by the extensive use of gill netting, preventing the passage of fish up to the shoal waters to deposit their spawn . . . . In this case, defendant Hoofman was indicted for fishing with gill nets in the Potomac, contrary to the provisions of the act of 1845. So far as the indictment showed, he was not a citizen of either state, and neither Virginia nor any Virginia citizen had intervened in the case (9 Md. 28) . In a very short opinion, the Court called attention to the eighth article of the Compact, providing that "all laws and regulations which may be necessary for the preserva tion of fish in the river Potomac shall be made with the mutual consent and approbation of both states." Accord ingly, said the Court, the Maryland act of 1845 could have no operation unless assented to as required by the Com pact. However, the indictment under which the defendant was prosecuted contained no averment that Virginia's assent had been secured. So, it was concluded, "as the Court must take notice of the Compact, as well as the Act of 1845, the indictment was defective, in not informing the Court that the assent of Virginia, of which they had no judicial knowledge, had been obtained." The defend ant's demurrer was sustained, and the indictment was quashed. The Court did not explain just what favored status the Compact enjoyed, that it should be able in this fashion to prevail over an act of the General Assembly. The effect |
||||
Tell Us What You Think About the Maryland State Archives Website!
|
An ecpCLIO electronic publication in the Archives of Maryland Series.
For information contact
edp@mdarchives.state.md.us.