20 ALASKA FISHERIES AND FUR INDUSTRIES IN 1919. 



ment and speed in trap construction. No time is fixed for beginning work, nor when 

 it must be finished. In this case it probably would not make much difference, for the 

 defendant and the Packers are both undoubtedly able to enter a race on "trap" con- 

 struction on equal terms, but if it is determined that the statute looks forward to, in 

 fact invites, a race in trap construction, it is easy to be seen that an independent 

 fisherman will never be able to construct a trap if formidable competition seeks to 

 render his efforts useless. 



Time, however, is not the only yardstick by which the rights of the trap builder are 

 to be measured. Under the provisions of the statute the length of a trap or fixed fish- 

 ing appliance must not be greater than one- third of the width of the creek, stream, 

 river, estuary, or lagoon across which it is driven or constructed, and when the builder 

 of a trap begins his trap at a point offshore and at a distance therefrom less than one- 

 third of the width of the stream or estuary across which he is driving or constructing 

 his trap, it must be held that within a reasonable limit of time he alone has the right 

 to determine how far he will continue to drive and construct his lead toward the shore. 

 I find the defendant guilty as charged in the complaint. 



The Canoe Pass Packing Co, and the Northwestern Fisheries Co., 

 jointly indicted at Valdez in October, 1918, were tried before the dis- 

 trict court at that place in October, 1919. These companies were 

 accused by the grand jury of unlawful fishing in Miles Lake by the 

 use of set nets at less than the distance interval prescribed by the 

 regulations affecting fishing in the Copper River, the indictment 

 covering four counts agamst each company. The trial began October 

 20, and two days later the jury returned a verdict of guilty on all 

 counts of the indictment. Motion for a new trial being made and 

 denied on October 24, the court imposed a fine of $1,000 against each 

 company, or $250 for each count. The costs of the trial, amounting 

 to $307.30, were paid by the two companies. 



The Abercrombie Packing Co., similarly indicted in 1918, was put 

 on trial October 23. It was alleged in the indictment that the nets of 

 this company were set within the prohibited lateral distance of those 

 nets of the Northwestern Fisheries Co. and the Canoe Pass Packing 

 Co., which were proved by the preceding trial to have been unlaw- 

 fully placed. It therefore followed that the conviction of those com- 

 panies virtually amounted to an acquittal of the Abercrombie Packing 

 Co., which, from all the evidence presented, was the first to set its nets 

 at the three points in question. Accordingly the court instructed 

 the jury to return a verdict of not guilty on three counts of the indict- 

 ment, whereupon the remaining count was dismissed upon motion of 

 the United States attorney, as the evidence was insufficient to convict. 



On Sunday, June 15, a trap of the Moore Packing Co., at Knowles 

 Head, Prince William Sound, was found in full fishing order, and on 

 the following day complaint was filed before the United States 

 commissioner at Valdez against the company and the trap watch- 

 man. Wlicn the matter came to trial the company pleaded guilty 

 solely on the ground that it was responsible for the acts of its em- 

 ployees. In this case the watchman was uncertain about the day 

 of the week, having once closed the trap and then reopened it. A 

 fine of $100, and costs amounting to $46.30, was imposed against the 

 company. The case against the watchman was dismissed. 



On July 10, John Koach, Harry Hendrickson, E. Carlson, and 

 W. T. Wiseman, aU fishermen of the Alaska Salmon Co., were caught 

 fishing in Wood River, a stream closed to commercial fishing. They 

 were arrested and brought before the United States commissioner at 

 Dillingham on July 30 for ti-ial. Roach and Carlson, fishermen frcfra 

 San Francisco, pleaded guilty, and a fine of $250 and costs of $20 



