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OILomaTIC
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Yakutat. It was without doubt
the lack of proper regard on
the part of Hansen and Thayer
for the dignity of warden and
watchman that aroused the im
perious anger of Warden Pryde
and prompted him to start pros
ecution as described by Hansen'
and Thayer. From the state-;
ment of Hansen and Thayer
and from the records of the U.
S. Commissioner's Court, where
Warden Pryde sought to adjud
icate his grievance, it appears
that the U. S. Commissioner
held that the defendants had
not violated the law by net fish
ing in restricted waters. This
decision of the Commissioner
seems to have been a “strict in
terpretation of the law” from
his point of view, based on con
siderable experience with ques
tions arising over the laws of
fishing.
it win ue xiulcu in me litiu
sen-Thayer statement that
“Warden Pryde was thereupon
taking steps to take the case to
Juneau.” Pryde went to Ju
neau and returned to Yakutat
in the Spring of 1928 “more de
termined than ever that we re
sidents should not take food
fish out of Ankow Inlet.”,” and
“Warden Pryde says he has the
District Attorney, Mr. Harding
supporting him in this move.”
This statement regarding the
District Attorney is borne out
by the fact that the Commis
sioner, Judge Axelson, was later
advised by the United States At
torney Harding that he (the
United States Commissioner)
should co-operate with the Bu
reau of Fisheries and was vir
tually informed by the District
Attorney that he (the Commis
sioner) was not properly per
forming his duty. This, in my
opinion, is the real serious feat
ure of this whole controversy
regarding the Yakutat fisheries.
A United States Commission
er with years of experience in
fishery matters, a man of ex
cellent character, whose integ
rity has never been questioned
in his official capacity, passes
upon a provision of the law that
I do not believe has evei* been
construed by the District Court
in Alaska, is reprimanded by
the United States Attorney for
not conforming to the interpre
tation placed upon the law by
Mike Karussos and Harry Pryde.
Surely, the Commisioner’s fail
ure to cooperate with the Bu
reau of Fisheries must mean
that his judicial decisions were
not rendered in accordance with
the wishes of the Bureau’s
warden and watchman.
If a condition such as this
suggests, whereby the Bureau of
Fisheries is going to dominate
the U. S. Attorneys and they in
turn are going to coerce the
United States Commissioners in
to interpretation of the law in
a manner at variance with their
honest opinion, the obvious
thing to be done is to merge
the administrative into the ju
dicial branch and permit the
Bureau of Fisheries to file com
plaints regarding illegal fish
ing with the Bureau of Fisher
ies, and then the Bureau of
Fisheries will sit in judgment
and fix the penalties. No doubt
there would arise serious ob
jections to such procedure in
law, but it does not greatly ex
aggerate in describing the pre
sent situation with regard to
! administration of the fishery
| laws in Alaska.
it certainly should not, under
our system of government by
law, lie within the province of
agents of the Bureau of Fisher
ies, or even U. S. Attorneys, to
! interpret the laws. That is sup
j posed to be strictly a function
I of District Courts and Commis
sioners, and there is supposed to
be no room for suspension of
this function by your Bureau or.
any other administrative or
! ganization.
Your letter quotes Mr. Winn
as saying: “Mr. Axelson (U. S.
Ctfinmissioner at Yakutat) was
advised that the strict interpre
tation of the law here, as well
as elsewhere would be enforced.” !
This prompts me to call your J
attention, as well as that of Mr.
Winn and your agents at Yaku
tat, to the fact that at least
90 per cent of the fish taken in
the Yakutat region are taken
under illegal conditions and
that if your Bureau would in
terpret the 1 aw strictly there
would be many less fish taken
from those waters.
There is not a stream flowing
into the Pacific, South of Yaku
tat Bay to Cape Fairweather,
the section from which most of
the Yakutat supplyis taken,
where fishing is conducted un- !
der strict or even moderate in
terpretation of the law. Section
4 of the Act of 1924, which you
quote, provides that all streams
shall be closed to a distance of
five hundred yards from their
mouths.
I quote below what may be
considered a “strict interpreta
tion of the law” with regard to
what constitutes the mouth of
a stream. This is the interpre
tation of the United States Dis
trict Court of Alaska, and pre
sumably it is the law:
“DEFINING THE MOUTII OF
A STREAM”
“Opinion of Hon. T. M. Reed,
Judge of the First Division of
Alaska, in the case of U. S. vs.
Tamaree, January, 1924.
“The law was given by Judge
Thomas Reed as follows:”
“The fourth question and the
principal question in this case is
whether he took salmon by
means of a seine within five
hundred yards of the mouth of
the stream then flowing into
Salmon Bay.”
“Now, taking up the fourth
question, I charge you that the
mouth of a stream is where its
waters meet the line of mean
low tide. Now, by mean low tide
is meant the ordinary low tide;
that is, the average tide. You
all know that the tides vary, but
the line of mean low tide is the
line of the average low tide, and
where the waters of the stream,
whether they are brackish or
whether they are pure, meet the
line of the mean low tide, that i
is the mouth of the stream. Of
course, you as well as I, know
that often a stream flows thru
wrhat is known as tide lands or i
what is known as tide lands and !
the waters of the stream may j
become brackish from the salt
water leaking into it from the i
tide lands or part of the salt
water of the sea flowing into the
stream. But that does not de
termine or change the line of
mean low water, and the mouth
of a stream, as stated, is where j
its waters meet the line of mean '
low tide.”
HOUNDING THE PEOPLE
There is not the slightest re
gard for this law shown by your
Bureau or its agents at Yaku
tat, for while your agents are
hounding the local residents of
Yakutat and compelling them
to catch their family supply of
fish under unreasonable diffi
culty, the illegal fishing in all
the other streams goes on with
large scale operations. Appar
ently, all the diligence of your
agents is directed toward ap
prehending small fry and per
mitting the whales to run un
molested.
Let me call your attention to
another “strict interpretation”
of the fishery law at Yakutat
that eminated from your Bu
reau in the 1927 regulations. I
refer to the closing of Dry Bay
to king salmon fishing. This
ruling was a complete reversal
of the theory of Congress with
regard to closing streams in
Alaska to salmon fishing. Un
der this ruling, fishing in Dry
Bay was suspended in order that
the salmon might be taken com
mercially in the upper reaches
of the Alsak River which emp
ties into the Bay. If there is one
single sheltered area of water in
all the Yakutat region from
Ocean Cape to Cape Fairweath
er where men could lish in com
pliance with hie law regarding
the closing of streams, that area
is Dry Bay. But men were for
bidden to take these king sal
mon from the Bay when they
were in prime condition in or
der that they might be taken by
others on the Alsak River 'after
the deterioration of the fish in
cident to their movement from
the ocean into fresh water. I
do not question the authority
of your Bureau to issue this
most ridiculous regulation to
the injury of a few mild cure
fishermen, but I do say that in
issuing such regulations the Bu
reau should have a little consid
eration for fairness and equity
and not exercise the power given
b y Congress t o discriminate
against one class of fisher
man and in favor of another.
You surely will admit that the
mild cure fishermen needed
a few of the salmon des
tined for Aisak River just as
much as those who took them
later on from the River; and I
expect you to admit that the
men fishing in an arm of the
ocean ought to have the same
chance as men fishing in a trib
utary river. I, of course, main
tain that the mild cure men
had rights of fishing superior to
those on the upper river under
the theory of Congress and
“strict interpretation of the
law.”
By reason of the incidents of
law enforcement at Yakutat as
above set forth, it must appear
to any unbiased party that the
“strict interpretation of the
law” maintained by Mr. Winn is
merely a “strict interpretation”
of the whim of Warden Pryde
and I do not believe there is
anything to be found in the
fishery Acts of 1906 or 1924 up
on which to base his action in
depriving the local residents
from taking fish for home use
at Yakutat.
Sincerely,
DAN SUTHERLAND
Delegate from Alaska.
o
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ru^<^coa>'o*c>:c>o^ooooooooo:ooo' “
C. H. Sundmacher
Attorney at Law
Arctic Hotel Petersburg
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KETCHIKAN, ALASKA
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