PACIFIC SALMON FISHERIES 503 



real welfare of the fisheries of the river at heart had difhciilty in 

 making the slightest headway against the influence of these lobbies. 



To further complicate the matter, in 1894 Oregon claimed that, 

 under the provisions of the enabling act admitting it as a State, it had 

 jurisdiction to the Washington shore, and proceeded to arrest Wash- 

 mgton men who were fishing in what was the open season according 

 to Washington law but the closed season under Oregon law. 



In June, 1908, the voters of the State of Oregon had presented for 

 their consideration two bills radically affecting the waters of Columbia 

 Kiver. One proposed closing the river east of the mouth of the 

 Sandy River against all fishing of any kind except with hook and line, 

 and was originated by gill-net fishermen of the lower river for the 

 purpose of eliminating fish wheels in the upper waters. This bill was 

 the first presented to the people, and when it appeared the upriver 

 men retaliated by presenting a bill affecting the lower river to such 

 an extent that it practically prohibited the net fishermen from 

 operating. 



Very much to the surprise of all concerned both bills were passed 

 and became laws on July 1, to take effect, as provided, on August 25 

 and September 10, respectively. The Oregon master fish warden 

 proceeded to enforce both laws, arresting all violators on both sides 

 of the river, irrespective of whether or not they were operating under 

 a Washington or Oregon license, and incidentally did the fisheries a 

 great service by bringing prominently before the public the anoma- 

 lous condition of affairs which was occasioned by the archaic system 

 under which the fisheries of the Columbia were governed. The State 

 of Washington appealed to the United States courts, which, after 

 argument, issued an injunction preventing the warden from enforcing 

 the laws so far as the Washington fishermen were concerned. 



In the meantime the attention of the General Government had 

 been drawn to the apparently irreconcilable conflict between the two 

 States, and fearing that in the melee the interests of the fisheries 

 would be lost sight of. President Roosevelt, in a message to Congress, 

 after reciting briefly the lack of harmony in jurisdiction by the States, 

 recommended that the General Government take over the control of 

 the fisheries of the Columbia, as well as other interstate rivers. 



This had the effect of bringing matters to a head, and negotiations 

 were soon in progress looking to the preparation of a treaty between 

 the two States by which uniform laws would be adopted, and thus 

 each State have concurrent jurisdiction to the opposite shore of the 

 river. The legislatures each appointed a committee of eight members 

 to confer and frame joint legislation. The two committees met in 

 Seattle, Wash., early in 1909, and agreed upon the following recom- 

 mendations : 



First. A spring closed season from March 1 to May 1. 



Second. A fall closed season from August 25 to September 10. 



Third. A Sunday closed season from 8 p. m. Saturday of each week to 6 p. m. 

 the Sunday following between the 1st day of May and the 25th day of August. 



Fourth. We suggest the mutual recognition by each State of the licenses issued 

 to floating gear by the other State. 



Fifth. That the State of Oregon repeal chapter 89 of the session laws of Oregon 

 for the year 1907, relative to the operation of purse seines and other like gear on 

 the Columbia River. 



Sixth. We recommend the enactment of similar laws in both States carrying an 

 appropriation of at least $2,500 in each State and providing for the destruction 



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