95 P. 720 | Or. | 1908
Opinion by
The defendant, a resident of the State of Washington, was tried and convicted in the courts of this State for fishing bn the Washington side of the Columbia River, with a purse net—a floating device for taking fish—in violation of the laws of this State, and he appeals. By the law of the State of Washington, in force at the time of his arrest, fishing with a purse net was lawful by
The northern boundary of the states of West Virginia and Kentucky extends to low-water line on the north side of the Ohio River, and the southern boundary of Illinois, Indiana, and Ohio to that point. The middle
“It is not merely a special grant of judicial power to the courts of the State over persons and things upon the river, but within the boundary of the State. It is a legislative declaration or enactment that the jurisdiction of the State—that is, its whole sovereign power shall extend to the whole river, subject to the qualification that the jurisdiction of the state or territory on its northern shore, shall in like manner extend to its southern shore. In effect, this makes the northern shore of the river the northern boundary of the State, for its territorial limits and jurisdiction are necessarily the same. Practically, then, so far as the Columbia River forms a boundary common to Oregon and Washington, it is within the territorial limits and jurisdiction of each.”
The right to exercise concurrent jurisdiction over rivers forming state boundaries will be found discussed