Ex parte Fritz

Citations

• 86 Miss. 210

Syllabus

<p>1. Fish. State's right to control.</p> <p>The state has the right to regulate the time, manner, and extent of the taking of fish in running streams and lakes with outlets into other waters.</p> <p>2. Same. Board of supervisors. Code 1893, 3136, 3137.</p> <p>The statute, Code 1892, §§ 2126, 2127, giving the board of supervisors the right to regulate the taking of fish in their respective counties, is not invalid as giving a judicial body legislative authority.</p> <p>3. Same. Ferae naturae.</p> <p>Fish, being ferce natwrce, are not the property of any person until they have been subjected to his control.</p> <p>4. Same. Statutes regulating. Constitutional.</p> <p>A statute, regulating and restricting the capture of creatures force natwrce, not reduced to actual possession, is not violative of:</p> <p>(«) Constitution (state) 1890, sec. 14, providing that no' person shall be deprived of life, liberty, or property except by due process of law; nor</p> <p>(5) Constitution of the United States, fourteenth amendment, providing that no state shall deprive any person of life, liberty, or property without due process of law; nor</p> <p>(c) Constitution (state) 1890, sec. 17, providing that private property shall not be taken or damaged for public use except on due compensation being first made to the owner; nor</p> <p>((f) Constitution of the United States, art. 1, sec.-8, ch. 3, providing that congress shall have power to regulate commerce with foreign nations, and among the several states and with the Indian tribes, although the person capturing them did so with intent to ship them to another state.</p> <p>5. Same. Ordinance of board of supervisors. ■ Special legislation.</p> <p>An ordinance of a hoard of supervisors of a county regulating the taking of fish therein which applies to all lakes and streams in the county is not special legislation.</p> <p>6. Justices of the Peace. Jurisdiction. Territorial Urnits. Code 1892, g 2128.</p> <p>Code 1892, § 2128, in so far as i