CONSTITUTIONAL LAW - DUE PROCESS - FISHING RIGHTS IN THE PUBLIC WATERS OF MICHIGAN

Authors

Abstract

The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and that the decision in Collins v. Gerhardt is not applicable because it disturbs a rule of property and denies due process of law. The United States District Court held that a decree of dismissal be entered. First, the court said that federal courts will not interfere by injunctive process with law enforcement by state officials, especially where the basis of jurisdiction is none other than the accident of residence, unless the "path is clear"; second, that the decision of the Supreme Court of Michigan did not disturb a rule of property and therefore did not deny due process of law; third, that as an independent matter, if the court were not bound by local rules of law, it would decide the same way because navigability determines the public character of the stream and affixes certain public rights therein, including, among other rights, the coequal rights of fishing. Ne-Bo-Shone Association, Inc. v. Hogarth et al., (D. C. W. D. Mich. 1934) Commerce Clearing House Requisition Number 110847.

Recommended Citation

CONSTITUTIONAL LAW - DUE PROCESS - FISHING RIGHTS IN THE PUBLIC WATERS OF MICHIGAN, 32 Mich. L. Rev. 858 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss6/9