Forest and Stream, October 22, 1874

Untitled

Sea -- Shellfish - Oystering : Litigation

Judge Bond, of the United States Circuit Court at Richmond, has rendered a decision declaring the State Oyster Law unconstitutional, so far as it concerns non-residents of the State. The case decided was that of James W. McCreedy, of Maryland, held by the County Court of Gloucester county, Virginia, for violating said law, which the decision alleges, excludes non-residents from the privilege granted citizens of the State, and was brought before Judge Bond on a writ of habeas corpus. The prisoner alleged that his arrest was in violation of the fourth article of the Constitution of the United States, which provides that citizens of each State shall have equal privileges and immunities with citizens in the several States. Judge Bond, having found the State law to be a violation of the Federal Constitution, orders McCreery's release.