ful for a riparian owner to divert water into
another State does not deprive him of property without due process of
law. "The constitutional power of the State to insist that its natural
advantages shall remain unimpaired by its citizens is not dependent upon
any nice estimate of the extent of present use or speculation as to
future needs. * * * What it has it may keep and give no one a reason for
its will."[370]
Apple and Citrus Fruit Industries
A statute requiring the destruction of cedar trees to avoid the
infecting with cedar rust of apple orchards within the vicinity of two
miles is not unreasonable, notwithstanding the absence of provision for
compensation for the trees thus removed or the decrease in the market
value of realty caused by their destruction. Apple growing being one of
the principal agricultural pursuits in Virginia and the value of cedar
trees throughout that State being small as compared with that of apple
orchards, the State was constitutionally competent to decide upon the
destruction of one class of property in order to save another which, in
the judgment of its legislature, is of greater value to the public.[371]
With a similar object in view; namely, to protect the reputation of one
of its major industries, Florida was held to possess constitutional
authority to penalize the delivery for shipment in interstate commerce
of citrus fruits so immature as to be unfit for consumption.[372]
Fish and Game
Over fish found within its waters, and over wild game, the State has
supreme control.[373] It may regulate or prohibit fishing and hunting
within its limits;[374] and for the effective enforcement of such
restrictions, it may forbid the possession within its borders of special
instruments of violations, such as nets, traps, and seines, regardless
of the time of acquisition or the protestations of lawful intentions on
the part of a particular possessor.[375] To conserve for food fish found
within its waters, a State constitutionally may provide that a reduction
plant, processing fish for commercial purposes, may not accept more fish
than can be used without deterioration, waste, or spoilage; and, as a
shield against the covert depletion of its local supply, may render such
restriction applicable to fish brought into the State from the
outside.[376] Likewise, it is within the power of a State to forbid the
transportation outside the State of game killed therein;[377] and to
make illegal pos
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