16 U. S. BUREAU OF FISHERIES 



found dumped on the beach outside the cannery on June 23. Pro- 

 ceedmgs were started by the United States district attorney at Val- 

 dez, but the company requested that action be brought in court at 

 Seattle, Wash., and the request was granted. The charges were ac- 

 cordingly brought in the United States district court at Seattle in 

 December, and on January 19, 1935, the company's attorney appeared 

 before the judge and pleaded guilty for the defendants. Each 

 defendant was fined $100 and costs, and the fines were paid. 



By order of the district attorney at Valdez, the gill net and other 

 fishing gear that had been seized from Harry W. Crosby in July 1933 

 were taken to Kodiak on the Penguin in November 1934 and turned 

 over to the marshal for condemnation. 



Four Bristol Bay fishermen operating two gill-net boats of the Red 

 Salmon Canning Co. were arrested for fishing about 7 miles above 

 the markers in Ugashik River on July 14. Upon trial before the local 

 commissioner, they pleaded guilty and were fined, 2 of them at $50 

 each, and 2 at $30 each. The salmon which they had taken were 

 confiscated for the Government and were sold for $173.37. 



DECISION REGARDING LICENSE FEE FOR NONRESIDENT 



FISHERMEN 



On June 4, 1934, the United States Circuit Court of Appeals for 

 the Ninth Circuit at San Francisco rendered a decision affirming that 

 of the District Court of Alaska upholding the right of the Territorial 

 Government of Alaska to impose certain license taxes on fishermen. 



The act of the Territorial Legislature approved April 20, 1933^ 

 fixed license fees at $1 for each resident fisherman of all classes and 

 $25 for each nonresident fisherman. 



The suit was brought by a nonresident gill-net fisherman. In 

 seeking to have the decision of the district court set aside, it was con- 

 tended that the Alaska Legislature has no right to discriminate be- 

 tween citizens of the United States who are residents of Alaska and 

 those who are not. 



As bearing upon the matter, the decision of the court of appeals 

 stated, in part, as follows: 



The question involved here, then, is not the power of the legislature to dis- 

 criminate between residents and nonresidents, but the question is whetlier or not 

 the license fee imposed by the Territorial Legislature is an unreasonal)le inter- 

 ference with a right granted by Congress, and, therefore, impliedly prohibited by 

 Congress. It is clear, then, that so long as the license tax imposed by the Terri- 

 torial Legislature upon tlie citizens of the United States who are not residents of 

 Alaska is not so exorbitant as to practically prohibit, or so unreasunal)le as to 

 interfere with, the exercise of the right granted by Congress, it is within the power 

 of the Territorial Legislature. We cannot say that the license fee imposed by 

 Territorial Legislature in 1933 and now under attack is so unreasonable as to con- 

 flict with the act of Congress granting the right to fish. 



Pending this decision nonresident fishermen of Alaska had been 

 pa^dng their licenses under protest, but as the law has been held valid 

 they will not be able to recover such payments. 



TERRITORIAL LICENSE TAX 



Fisheries license taxes were collected by the Territory under the 

 general revenue law of 1921, as amended in subsequent sessions of the 

 Territorial Legislature. A statement from Oscar G. Olson, Territorial 

 treasurer, under date of May 15, 1935, gives the collections nuide to 



