﻿FISHERY 
  INDUSTBIES. 
  51 
  

  

  The 
  case 
  against 
  the 
  Alaska 
  Pacific 
  Fisheries 
  and 
  A. 
  Carlson, 
  owner 
  

   and 
  watchman, 
  respectively, 
  of 
  a 
  floating 
  trap 
  said 
  to 
  have 
  been 
  

   fishing 
  illegally 
  on 
  Sunday, 
  August 
  4, 
  1912, 
  near 
  the 
  entrance 
  to 
  Yes 
  

   Bay, 
  as 
  charged 
  in 
  a 
  true 
  bill 
  returned 
  by 
  the 
  grand 
  jury 
  at 
  Ketchikan 
  

   at 
  the 
  succeeding 
  fall 
  term, 
  has 
  not 
  come 
  to 
  trial. 
  A 
  continuance 
  was 
  

   granted 
  both 
  at 
  the 
  spring 
  and 
  fall 
  terms 
  of 
  court 
  at 
  Ketchikan 
  this 
  

   year. 
  

  

  While 
  on 
  patrol 
  duty 
  Sunday, 
  July 
  27, 
  1913, 
  in 
  Cholmondeley 
  

   Sound, 
  Deputy 
  Lyman 
  discovered 
  that 
  the 
  walls 
  of 
  the 
  heart 
  of 
  float- 
  

   ing 
  trap 
  No. 
  4 
  belonging 
  to 
  the 
  Alaska 
  Pacific 
  Fisheries 
  were 
  in 
  fishing 
  

   position 
  contrary 
  to 
  law. 
  The 
  watchman 
  claimed 
  that 
  no 
  instruc- 
  

   tions 
  had 
  been 
  given 
  him 
  as 
  to 
  the 
  method 
  of 
  closing 
  the 
  trap 
  against 
  

   fisliing. 
  An 
  information 
  was 
  accordingly 
  filed 
  with 
  the 
  United 
  

   States 
  commissioner 
  at 
  Ketchikan, 
  naming 
  the 
  Alaska 
  Pacific 
  Fish- 
  

   eries, 
  owner, 
  and 
  Chris 
  Adams, 
  watchman, 
  as 
  defendants. 
  Upon 
  

   citation, 
  the 
  defendants 
  appeared 
  in 
  the 
  commissioner's 
  court 
  on 
  

   July 
  30 
  to 
  answer 
  to 
  the 
  information. 
  The 
  testimony 
  that 
  the 
  heart 
  

   walls 
  were 
  in 
  fishing 
  position 
  was 
  not 
  controverted, 
  but 
  the 
  court 
  

   decided 
  that 
  since 
  counsel 
  for 
  the 
  defense 
  had 
  introduced 
  testimony 
  

   that 
  holes 
  existed 
  in 
  the 
  trap, 
  amounting 
  to 
  30 
  square 
  feet 
  or 
  more, 
  

   a 
  passage 
  for 
  the 
  fish 
  existed, 
  and 
  the 
  defendants 
  were 
  accordingly 
  

   discharged. 
  This 
  decision 
  has 
  occasioned 
  some 
  surprise, 
  for 
  the 
  

   law 
  says 
  nothing 
  about 
  holes, 
  but 
  states 
  that 
  the 
  heart 
  walls 
  must 
  

   be 
  lifted 
  or 
  lowered 
  for 
  a 
  distance 
  of 
  25 
  feet 
  on 
  each 
  side 
  next 
  the 
  

   pot 
  so 
  as 
  to 
  permit 
  the 
  full 
  and 
  unobstructed 
  passage 
  of 
  salmon 
  and 
  

   other 
  fishes. 
  

  

  Early 
  in 
  the 
  fishing 
  season 
  one 
  of 
  the 
  deputies 
  discovered 
  a 
  gill 
  

   net 
  stretched 
  entirely 
  across 
  the 
  mouth 
  of 
  the 
  red 
  salmon 
  stream 
  

   at 
  the 
  head 
  of 
  Nakat 
  Inlet. 
  Every 
  effort 
  was 
  made 
  to 
  apprehend 
  

   the 
  guilty 
  parties, 
  learned 
  to 
  be 
  Indians, 
  but 
  their 
  identity 
  was 
  not 
  

   ascertained. 
  Violations 
  of 
  the 
  law 
  of 
  this 
  character 
  are 
  most 
  vicious 
  

   and 
  harmful, 
  for 
  there 
  is 
  no 
  more 
  certain 
  way 
  of 
  destroying 
  the 
  fish- 
  

   ing 
  industry 
  than 
  by 
  preventing 
  at 
  least 
  a 
  reasonable 
  escapement 
  

   up 
  the 
  streams 
  for 
  spawning 
  purposes. 
  

  

  A 
  report 
  was 
  received 
  from 
  the 
  deputy 
  collector 
  of 
  customs 
  at 
  

   Cordova 
  that 
  fishing 
  apparatus 
  had 
  been 
  set, 
  by 
  persons 
  unknown, 
  

   in 
  Eyak 
  Lake, 
  contrary 
  to 
  the 
  closing 
  order 
  promulgated 
  by 
  the 
  Secre- 
  

   tary 
  of 
  Commerce 
  on 
  November 
  18, 
  1912. 
  An 
  order 
  of 
  seizure 
  was 
  

   issued 
  and 
  a 
  special 
  deputy 
  marshal 
  was 
  named 
  to 
  take 
  the 
  gear, 
  

   but 
  by 
  the 
  time 
  that 
  oflEicer 
  arrived 
  it 
  had 
  been 
  removed. 
  No 
  further 
  

   action 
  occurred. 
  

  

  There 
  has 
  been 
  some 
  dissension 
  and 
  complaint 
  among 
  the 
  fishing 
  

   interests 
  of 
  southeast 
  Alaska, 
  and 
  particularly 
  at 
  Hetta 
  Inlet, 
  as 
  

   to 
  the 
  time 
  when 
  seining 
  operations 
  shaU 
  cease 
  in 
  accordance 
  with 
  

   the 
  provisions 
  of 
  the 
  weekly 
  close 
  period. 
  Six 
  o'clock 
  in 
  the 
  evening 
  

   is 
  the 
  hour 
  prescribed 
  by 
  law, 
  but 
  as 
  there 
  has 
  been 
  considerable 
  

  

  