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NICOULIN v. O'BRIEN

No. 113.

248 U.S. 113 (1918)

39 S.Ct. 23

63 L.Ed. 155

NICOULIN v. O'BRIEN.

Supreme Court of United States.

Decided December 9, 1918.

Attorney(s) appearing for the Case

Mr. Augustus Everett Willson for plaintiff in error. Mr. Richard Priest Dietzman and Mr. Edmund Andrew Larkin were also on the brief.

Mr. D.A. Sachs, Jr., for defendant in error. Mr. Jos. G. Sachs, Jr., was also on the brief.

Memorandum opinion by MR. JUSTICE McREYNOLDS.

Plaintiff in error was adjudged guilty of violating the prohibition of a Kentucky statute by seining for fish in the Ohio River south of low-water mark on the Indiana side. 172 Kentucky, 473. We are asked to hold that by reason of the Virginia Compact (13 Hening's Statutes at Large, c. 14, pp. 17, 19), Kentucky had no power to regulate fishing in the river at that point without Indiana's concurrence. The provision relied...

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