﻿50 
  ALASKA 
  FISHERIES 
  AND 
  FUR 
  INDUSTRIES, 
  1913. 
  

  

  VIOLATIONS 
  OF 
  LAW 
  AND 
  REGULATIONS. 
  

  

  As 
  in 
  past 
  seasons 
  every 
  effort 
  has 
  been 
  made 
  by 
  the 
  Bur^^au's 
  

   agents 
  and 
  deputies 
  to 
  insure 
  full 
  observance 
  of 
  the 
  fisheries 
  hi-ws 
  

   and 
  regulations. 
  In 
  this 
  connection 
  acknowledgment 
  is 
  made 
  of 
  

   valuable 
  assistance 
  and 
  counsel 
  through 
  the 
  cooperation 
  of 
  the 
  United 
  

   States 
  attorneys 
  and 
  marshals. 
  

  

  The 
  case 
  of 
  M. 
  Kono 
  and 
  20 
  other 
  Japanese 
  fishermen 
  arrested 
  

   during 
  November, 
  1911, 
  for 
  herring 
  fisliing 
  on 
  Sunday 
  was 
  tried 
  

   May 
  6, 
  1913, 
  in 
  the 
  district 
  court 
  at 
  Ketchikan. 
  Judge 
  Lyons 
  

   decided 
  that 
  \dolation 
  of 
  the 
  fisheries 
  law 
  as 
  charged 
  in 
  the 
  indictment 
  

   was 
  a 
  misdemeanor, 
  hence 
  defendants 
  might 
  appear 
  by 
  counsel 
  for 
  

   arraignment 
  and 
  trial. 
  The 
  jury 
  brought 
  in 
  a 
  verdict 
  of 
  guilty 
  and 
  

   on 
  May 
  8 
  — 
  two 
  days 
  later 
  — 
  the 
  court 
  imposed 
  a 
  fine 
  of 
  S50 
  upon 
  each 
  

   of 
  the 
  21 
  defendants. 
  This 
  fine 
  is 
  in 
  addition 
  to 
  the 
  cash 
  bail 
  of 
  

   $1,000, 
  wliich 
  was 
  forefeited 
  upon 
  failure 
  of 
  defendants 
  to 
  appear 
  

   for 
  rendition 
  of 
  judgment. 
  In 
  his 
  instructions 
  to 
  the 
  jury 
  in 
  this 
  

   case 
  Judge 
  Lyons 
  quoted 
  section 
  5 
  of 
  the 
  fisheries 
  law, 
  which 
  pro- 
  

   vides 
  for 
  a 
  close 
  season 
  on 
  salmon 
  in 
  certain 
  waters 
  of 
  Alaska 
  from 
  

   6 
  o'clock 
  Saturday 
  evening 
  to 
  6 
  o'clock 
  of 
  the 
  following 
  Monday 
  

   morning, 
  and 
  then 
  quoted 
  section 
  11, 
  which 
  subjects 
  all 
  species 
  of 
  

   fish 
  to 
  the 
  provisions 
  of 
  the 
  act. 
  Judge 
  Lyons 
  stated 
  that 
  the 
  pro- 
  

   visions 
  of 
  section 
  5 
  are 
  made 
  applicable 
  to 
  all 
  fishing 
  within 
  the 
  

   waters 
  of 
  Alaska, 
  including 
  fishing 
  for 
  herring. 
  

  

  On 
  December 
  22, 
  1913, 
  in 
  the 
  United 
  States 
  commissioner's 
  court 
  

   at 
  Craig 
  a 
  fine 
  of 
  $200 
  was 
  placed 
  upon 
  Nels 
  Husvig 
  for 
  wanton 
  waste 
  

   of 
  herring 
  contrary 
  to 
  the 
  provisions 
  of 
  law. 
  Complaint 
  was 
  made 
  

   by 
  Deputy 
  Warden 
  Walker, 
  and 
  a 
  plea 
  of 
  guilty 
  was 
  entered. 
  Large 
  

   quantities 
  of 
  the 
  smaller- 
  sized 
  herring 
  had 
  been 
  thrown 
  overboard. 
  

  

  The 
  trial 
  of 
  W. 
  E. 
  Ludy, 
  watchman, 
  charged 
  with 
  failure 
  to 
  close 
  

   Alaska 
  Packers 
  Association 
  trap 
  No. 
  9 
  on 
  Sunday, 
  July 
  28, 
  1912, 
  

   occurred 
  in 
  the 
  district 
  court 
  at 
  Ketchikan 
  May 
  7 
  and 
  8, 
  1913. 
  The 
  

   true 
  bill 
  rendered 
  by 
  the 
  grand 
  jury 
  in 
  October, 
  1912, 
  included 
  both 
  

   W. 
  E. 
  Ludy, 
  watchman, 
  and 
  the 
  Alaska 
  Packers 
  Association, 
  owner. 
  

   Upon 
  request 
  of 
  defendants 
  separate 
  trials 
  were 
  granted 
  and 
  the 
  case 
  

   against 
  Ludy 
  was 
  called 
  first. 
  After 
  two 
  days 
  devoted 
  to 
  the 
  sub- 
  

   mission 
  of 
  testimony 
  and 
  arguments 
  by 
  counsel 
  the 
  case 
  went 
  to 
  the 
  

   jury 
  and 
  a 
  verdict 
  of 
  not 
  guilty 
  was 
  returned. 
  In 
  view 
  of 
  this 
  ver- 
  

   dict, 
  the 
  following 
  day 
  United 
  States 
  Attorney 
  Rustgard 
  moved 
  a 
  

   dismissal 
  of 
  the 
  case 
  against 
  the 
  Alaska 
  Packers 
  Association. 
  

  

  While 
  on 
  a 
  trip 
  up 
  the 
  west 
  coast 
  of 
  Prince 
  of 
  Wales 
  Island 
  Sunday, 
  

   August 
  24, 
  1913, 
  Agent 
  Smith 
  and 
  Deputy 
  Lyman 
  discovered 
  driven 
  

   trap 
  No. 
  14, 
  operated 
  by 
  the 
  Craig 
  cannery 
  of 
  the 
  Lindenberger 
  Pack- 
  

   ing 
  Co., 
  to 
  be 
  fishing 
  illegally. 
  The 
  case 
  was 
  tried 
  before 
  the 
  United 
  

   States 
  commissioner 
  at 
  Ketchikan 
  August 
  27, 
  and 
  upon 
  pleas 
  of 
  guilty 
  

   being 
  entered 
  the 
  company 
  was 
  fined 
  $100, 
  and 
  Erick 
  Peterson, 
  trap 
  

   watchman, 
  was 
  fined 
  $10. 
  

  

  