Nevertheless, Skiriotes was found guilty of violating the Compiled General Laws of Florida (1927), Section 8087 by Circuit Judge John U. Bird.

The criminal statute reads as follows:"It shall be unlawful for any person, persons, firm or corporation to maintain an'd use for the purpose of catching or taking commercial sponges from the Gulf of Mexico, or the straits of Florida or other waters within the territorial limits of the state of Florida, diving suits, helmets, or other apparatus used by deep sea divers.

"[2]Following his conviction, Skiriotes filed a petition for a writ of certiorari to the Supreme Court of Florida to review his case.

He argued that the Florida Constitution approved by the United States Congress in 1885 which set the Florida maritime limit at three marine leagues (9 miles) was contrary to international law, which generally recognized a nation's maritime limit to be one marine league.

The Court however, disagreed entirely, ultimately stating, "[I]t appears that any State by approval of Congress has a right to fix its marine boundaries and that if fixed in reason, such right has never been questioned by Congress by any other nation or citizen thereof...It follows that the western boundary of Florida as defined in its Constitution at three marine leagues from shore is conclusive and being so by the agreed statement of facts, petitioner was guilty of violating Section 8087"Following the decision, Skiriotes once again sought appellate review, and this time filed a petition for a writ of certiorari to the Supreme Court of the United States.

The Supreme Court did grant Skiriotes' petition, and on March 14, 1941, held oral arguments, and handed down its decision on April 28, 1941.

That every person, partnership, or association guilty of a violation of this Act shall be liable to a fine of not more than $500, and in addition such fine shall be a lien against the vessel or boat on which the offense is committed, and said vessel or boat shall be seized and proceeded against by process of libel in any court having jurisdiction of the offense.