ALASKA FISHERY AND FUE-SEAL INDUSTEIES, 1924 93 



the pot during the weekly closed period, as required by law. In 

 five cases (two against the Petersburg Packing Co. and one each 

 against the Sunrise Packing Co., Alaska Pacific Fisheries, and the 

 Beegle Packing Co.) the traps were condemned and sold at auction. 

 The other case (against the Alaska Pacific Fisheries) was continued 

 until the following spring term of court because of the absence of 

 counsel for the company. 



Four purse-seine boats — the Hemmie, Andrew N., Alice, and 

 Pacific — were seized for illegal fishing in the protected zones off the 

 mouths of salmon streams. In each case the defense claimed that 

 the boat had drifted over the line after the seine was pursed. The 

 court held that the evidence of unlawful fishing w^as not conclusive 

 and all four boats were ordered released, 



A case of considerable importance was that brought in the district 

 court at Juneau in December, 1924, against the Booth Fisheries Co. 

 for (1) erecting and ma;intaining a floating fish trap near Lucky Cove 

 within 500 yards of the mouth of a stream, thus impeding or prevent- 

 ing the ascent of salmon to their spawning grounds, and (2) fishing 

 for and taking salmon by means of a floating trap within 500 yards 

 of the mouth of a stream. The case resulted in a conviction on both 

 counts and the court imposed a fine of $1,900. Motion for a new 

 trial was overruled. The case was appealed. 



Two fishermen were arrested for trolling on Sunday in Frederick 

 Sound. Each pleaded guilty and was fined $50. Their boats were 

 returned. 



Three fishermen were arrested at Salmon Bay for laying a purse 

 seine within the prohibited distance of another piece of fishing gear 

 already set, and also for fishing without a license in violation of a 

 Territorial law. They pleaded guilty and fines totaling $145 were 

 imposed, with costs of S8.40. 



Nine fishermen were arrested at Roosevelt Harbor for setting giU 

 nets within the prohibited distance of gear already set. All pleaded 

 guilty and paid fines totaling $450, and $63 costs. 



A case brought in 1923 against the Alaska Pacific Fisheries for 

 illegal fishing of a salmon trap on Sunday was tried at the May term 

 of court and a fine of $50 was imposed, with costs of $3.05. 



The test case against the Auk Bay Salmon Canning Co., under one 

 of the 55 indictments returned against packing companies and indi- 

 viduals for fishing during a closed season provided by Territorial law, 

 and which was decided in favor of the Territory in the district court 

 at Juneau, was reversed by the circuit court of appeals at San Fran- 

 cisco on August 4, 1924, and remanded with instructions to quash the 

 indictment. The question at issue was the right of the Legislature of 

 Alaska to pass laws affecting the fisheries. 



Another case of interest, brought under Territorial law, was that 

 against the Pacific American Fisheries to test the constitutionality of 

 the law passed by the Legislature of Alaska imposing a graduated 

 tax on the pack of salmon after May 5, 1923. Judge Reed, of the 

 district court at Juneau, held that the law was valid, and his decision 

 was affirmed by the Circuit Court of Appeals for the Ninth Circuit, 

 but in handing down its decision that court said : 



Unlimited power to tax an industry in one sovereignty seems rather inconsistent 

 with the reservation of a power to regulate that industry by another sovereignty, 

 as the power to tax involves the power to destroy, and may be so exercised as to 



