SALMON FISHEBIES OF PACIFIC COAST. 41 



The Columbia River, which forms the boundary between Oregon 

 and Washington, affords a typical example of the evils which can 

 result from a division of responsibility between two States. For 

 many years each State enacted laws regulating the fisheries of the 

 river with very slight regard usually to laws already in force in the 

 other State. As a result of this the fishermen transferred their 

 residence for license purposes from State to State as the laws of one 

 or the other best suited their particular purposes. 



The fishermen and packers also were in apparently irreconcilable 

 conflict as to the proper means to be taken to conserve the fisheries, 

 and each session of the legislatures saw strong lobbies present to 

 work for certain selfish ends, while the few earnest men who had the 

 real welfare of the fisheries of the river at heart had difficulty 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 

 Washington men who were fishing in what was the open season ac- 

 cording 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 

 River. One closed 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 re- 

 taliated 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 were 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 enforc- 

 ing 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 Con- 

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



