SPHERE OF FEDERAL GOVERNMENT 



39 



tember 1908. As a consequence the owner of the vessel 

 was arrested and the vessel fined pursuant to the terms of 

 the act. 



The case was carried to the United States Supreme 

 Court 21 on appeal, the argument being advanced that the 

 statute was unconstitutional because it dealt with a matter 

 entirely within the authority of the states. Mr. Chief Jus- 

 tice White who wrote the opinion of the Court followed the 

 precedent established in The Lord Steamship Case 22 and 

 ruled that although the Abby Dodge had merely sailed from 

 an American port to gather sponges and had returned to the 

 same port, she was engaged in foreign commerce within the 

 meaning of the constitution provided she had gone beyond 

 the territorial waters of the state of Florida. In exercise of 

 its power to regulate foreign commerce, Congress, said the 

 Court, long has had the power to forbid merchandise carried 

 in such commerce from entering the United States. 



In this particular case, however, the libel did not charge 

 that the sponges had been taken outside the state waters, and 

 thus an important element necessary to constitute a violation 

 of the statute was absent. Under the circumstances, the de- 

 cision of the District Court imposing the fine was reversed, 

 but with directions to permit the government, if desired, to 

 amend the libel and so present the case within the statutes 

 as constructed. 



In 1914 Congress passed an act superseding the statute of 

 1906 and although similar to it in general outlines definitely 

 limited its operation to the Gulf of Mexico and the Straits 

 of Florida outside of the state territorial waters. 23 This 

 statute has been in effect ever since. 



ai The Abby Dodge, 223 U. S. 166 (1912). 



22 102 U. S. 541 (1880). 



33 38 Stat. L. 692. See also early acts of Congress under authority of 

 commerce clause regulating the fur trade; i Stat. L. 137, 329, 469; 2 Stat. 

 L. 39, 139, 173, 289; 3 Stat. L. 332, 682; 4 Stat. L. 35, 729; 5 Stat. L. 680. 

 For further discussion of commerce clause see p. 64. 



