APPENDIX A. 



State vs. Constantine Kofines et al. 



July 7, 1911. 



Present: Dubois, C. J., Blodgett, Johnson, Parkhurst, and Sweet- 

 land, J J. 



Criminal Complaint. Heard on constitutional questions certi- 

 fied to the Supreme Court. 



Dubois, C. J. The above entitled cases are complaints brought 

 before the District Court of the First Judicial District for violations 

 of the provisions of Pub. Laws, cap. 437, § 1, passed May 7, 1909, and 

 severally charged that the defendant, therein named, at a certain 

 time therein specified, and at a certain place within the territorial 

 waters of the state therein designated, did catch and take a certain 

 lobster, and also that he did place, set, keep, maintain, supervise, 

 lift, raise, draw, and cause to be placed, set, kept, maintained, super- 

 vised, lifted, raised and drawn, in and from said place in said waters, 

 a certain pot and other contrivance designed and adapted for the 

 catching and taking of lobsters. 



These cases have been certified from the district court aforesaid 

 to this court, in compliance with the provisions of Gen. Laws, 1909, 

 cap. 298, § 1, for the hearing and determination of certain questions 

 as to the constitutionality of sections 1 and 2 of said cap. 437. Said 

 sections read as follows: 



"Section 1. No person, either as principal, agent, or servant, 

 shall, at any time, catch or take any lobster from any of the waters 

 in the jurisdiction of this state, or place, set, keep, maintain, super- 

 vise, lift, raise, or draw in or from any of said waters, or cause to be 

 placed, set, kept, maintained, supervised, lifted, raised, or drawn in 



