ALASKA FISHERY AND FUR-SEAL INDUSTRIES, 1924 97 



The case was heard on appeal by the Circuit Court of Appeals for 

 the Ninth Circuit and decision confirmed by an opinion rendered 

 December 15, 1924, in which it was said: 



Appellant does not contend that the statute of 192-4, under which it is alleged 

 the officials of the United States threaten to proceed by criminal prosecution and 

 by proceedings for forfeiture, is unconstitutional or invalid, but takes the position 

 that equity will enjoin the bringing of a criminal prosecution when it is necessary 

 to i:)revent irreparable injury to property or a multiplicity of suits. The case of 

 appellant can only stand by looking upon the question of a violation of the statute 

 as a civil rather than a criminal proceeding. But it can not be so viewed. 



As the season progressed, it became apparent that with slight 

 alteration traps could be operated lawfully. The alterations made 

 to the pile traps consisted, in most cases, of loosening the heart 

 walls along the capping about 60 feet back from the pot, so that a 

 wider section of the wall could be lowered and thus insure a full 

 25-foot opening next to the pot at all stages of the tide. In other 

 cases a section of the heart wall was removed and an apron substi- 

 tuted. These alterations were made quickly and with comparatively 

 little cost. The manner of opening heart walls of floating traps was 

 unchanged. 



ROBBERY OF FISH TRAPS 



In its enforcement of the Alaska fishery laws and regulations, it 

 is not a function of the bureau to engage directly in work having to 

 do with the so-called fish piracy or robbing of fish traps. Sympa- 

 thetic interest and cooperation, however, have been manifested at 

 all times by the bureau and its emploj^ees in the activities of the 

 Department of Justice and the United States Coast Guard to abate 

 this unlawful and unwholesome practice, which in the season of 1924 

 assumed unusual proportions in southeastern Alaska. 



The chief places of operation by these marauders were the Icy 

 Strait region, the west coast of Prince of Wales Island, and the 

 Ketchikan district. Packers in the Icy Strait region organized a 

 private patrol, which was very efficient, under the direction of the 

 United wStates deputy marshal at Hoonah, and practically eliminated 

 piracy in that region. In the Ketchikan district 36 boats suspected 

 of engaging in piracy were blacklisted for a time, and complaints 

 were filed by a trap owner against two vessels but could not be sub- 

 stantiated. As some of the packers bought fish indiscriminately 

 from any boat offering them for sale, it was exceedingly difficult to 

 cope with the situation. On the west coast of Prince of Wales Island 

 a trap watchman was fired on and wounded. As a result, four men, 

 comprising the crew of the boat Dolphin, were arrested, and one was 

 convicted of assault and sentenced to six months in jail. 



TERRITORIAL LICENSE TAX 



Fisheries license taxes were collected by the Territory under the 

 revenue laws of Alaska as amended in 1921 and 1923. A statement 

 from the treasurer, under date of March 25, 1925, gives the collections 

 made to that date for the fiscal year 1924. It is stated that collec- 

 tions of salmon-pack taxes were complete, with the exception of ap- 

 proximatelj^ $15,000 still outstanding for the year 1924, so far as the 

 basic per case rates were concerned, and approximately S10,000 was 

 outstanding under the several smaller fisheries tax schedules. The 



