STREAMS MOUTHS
MUST BE MARKED
THE COURT DECIDES
(From Cordova Times)
Mouths of streams in Alaska must
be determined and marked by the
Secretary of Commerce, or his legal
agents, under the decision of the Cir
cuit Court of Appeals in tne Booth
Fisheries case which was issued
about ten days ago at Sai Francisco.
The concern was charged with
violating sections three and four of
the new Alaska Fisheries Act. It
was convicted in the Juneau Feder
al District Court on two counts. The
case was then taken on appeal to
the Appellate Court.
History of Case.
In its decision the latter court re
view the case briefly, saying:
“Two informations were filed
against the Booth Fisheries Com
pany a corporation; the first, for
maintaining a floating trap within
500 yards of the mouth of a small
named creek in Lucky Cove, Alas
ka, and the second, for taking fish
for commercial purposes from with
ing 500 yards of the mouth of the
same creek, the first information was
based on section 3 of the Act, and
the second on section 4. The of
fenses charged were alleged to have
been committed on July 26, 1924,
after the passage and approval of
the Act of that year. At the time
of the commission of the alleged
offenses, the Secretary of Commerce
had not determined or marked the
mouth of the creek or stream in ques
tion. In this state or the record the
-Court instructed the jury it was not
material, as to either information,
whether the mouth of the stream had
been determined or marked by the
Secretary of Commerce or not; that
in the absence of such determina
tion or marking, the place of the lo
cation of the mouth of a creek be
came a question of fact for the de
termination of the jury, under the
instructions of the Court, and:
“To this end I charge you that the
mouth of a stream employing into
at mean—that is, the average—low
! LIKE NEW/
AGAIN /
REFINISH it yourself!
With handy varnish-stains
or enamels—easy to apply
—you can renew your fur
niture or create delightful
new effects. Look around
— “reclothe^the shabby
members of your furniture
‘‘family,” Decoret Enam
els and Varnish Stains give
you best results.
Also, ask for booklet,“The
Art of Decorating with
Decoret.” It’s free, and is
full of ideas on finishing
and refinishing furniture
and ornaments.
TTT" vp carry a full line of Fuller
VY A-j Paints and Varnishes and
can supply your needs.
Brown &
Hawkins Corp.
W. P. FULLER & CO.
301 Mission Street San Francisco
25 Branches in Pacific Coast Cities
FULLER
PA ! N T S VARNISHES
PIONEERWHlTe LEAP
1625
the waters of the stream meet tide
water at mean low tide. It i3 not
where the waters of the stream meet
tidewater at high tide, but where the
waters of the stream meet tidewater
guilty as to both charges and preso
tide.”
“The defendant was adjudged
guilty as to both charges and prose
cuted the present writ of error.
Must Mark Mouth.
“The Court below was of the
opinion that the amendment of 1923
providing that the mouth of a
stream shall be taken to be the
point determined as such by the
Secretary of Commerce, and marked
in accordance with his determination,
made no change in the then exist
ing law, unless and until the Secre
tary of Commerce saw fit to exercise
the authority conferred. In other
words, that the question whether the
law has been changed or not depends
not upon the law itself but upon the
action or inaction of the Secretary
of Commerce. With this construc
tion of the mandatory act we are
unable to agree.”
Further on the Appellate Court
said: “The mouth of a stream can
not be fixed with mathematical pre
cision, and the uncertainty of the
situation demonstrates the necessity
for some fixed rule on the subject.
Congress might itself define the
mouth of a stream or it might dele
gate that auhtority to the Secre
tary of Commerce, or some other of
ficer. It chose the latter course here
and the determination of the Secre
tary of Commerce, when made, has
the force and effect of law, at least
in the absence of fraud or gross
error upon which fraud might be im
plied. The record in this case shows
the difficulties encountered in the
administration of the old law and the
injustice that might arise from such
administration.”
After reciting facts in connection
with the case, the court continued,
“But, in any event, the place where
the mouth of the stream shall be lo
cated rests in the discretion of the
Secretary of Commerce, and the loca
tion of the mouth of the stream
by the Secretary is indispensable to
give certainty and precision to the
statute. Until that has been done,
the initial point from which to meas
ure it would, of course, be impossible
to determine the boundaries of the
prohibited area.
Instructions Erroneous.
Take
THE FUR FARMER
MAGAZINE
and know the fur business. It
deals with every phase of fur
farming. Learn how others made
a success of farming fur bearing
animals.
Address
21 COLMAN DOCK
Seattle, Wash.
Gas Launch
KENA1
FISHING AND HUNTING
PARTIES CARRIED DOWN
LAKE KENAI FOR THE
DAY OR TRIP. TELE
PHONE ARRANGEMENTS
TO MILE TWENTY
Louis Bell, owner
OLD CLOTHES MADE
NEW
By Dry Cleaning Them,
and for quick service
, this machine
Presses your Clothes in
from 15 to 20 minutes
Sanitary Hoffman Presser Does It
Jordan’s Valet Service
PHONE MADISON 103
SEWARD, ALASKA
“For these reasons we are of the
opinion that the instructions com
plained of are erroneous. It is sug
gested by counsel that these objec
tions do not extend to the informa
tion based on section 4 of the Act
because that section does not con
tain the provision that the mouth ol
a stream is the point determined
to be such by the Secretary of Com
merce, but, in our opinion, Congress
never contemplated that a stream
should have two mouths for the pur
poses of the Act; one to be deter
mined and marked by the Secretary
of Commerce, the other to be fixed
or ascertained by the court or jury;
if the contention of counsel is cor
rect, the trap might be lawfully
used or operated under section 4
Such a contention is sufficiently ab
surd to refute itself.”
H. Coolidge of Boston, and Charles
P. Day, of New York City, represen
tatives of the Smithsonian Institute
arrived in Juneau recently to hunt
big game in that district. They will
make a special endeavor to secure
skulls of Admiralty Island brown
bear. Mr. Coolidge is said to be
related to President Calvin Coolidge.
Locusts are made into an excel
lent brand of oil for airplane en
gines.
Attend the Liberty tonight.
Get This
Point, It’s MM
Important
—the point of a Parker A Duofold
is made of genuine Jn native
Tasmanian Iridium M which costs
over three times as / / much as the
iridium used in / /ordinary
fountain pen / / points. That’s
why the Parker If Duofold is
called the 25- ff year point.
That’s why it Itl is the cheapest
pen on earth [£/ at $7—because its
usefulness 4^ is everlasting.
Udy Duofold or Duofold JrM IS
Geld Ring or Gold Pocket-clip
included free.
Pack along a Dnof old
on your vacation
Ask To See It At
ORLANDER, the Jeweler
LOOK UP
Cameron’s Cafe
WHEN YOU ARE IN
ANCHORAGE
Good Coffee, Good Food
Good Service
CHAS. CAMERON
PROPRIETOR
PIONEER CLUB
John Nash, propr.
SOFT DRINKS, CANDY
CIGARS AND FRUITS
Marathon
CAFE
JOSIE EMSWILER, Prop.
THE HOME OF WELL
COOKED FOOD
SEWARD, ALASKA
lllllllllllllllllllllllllllimiHllllIHIIIIHIHIIIIIIIIIIIIIIIIIIIIIIIIII
Ice Cream
MADE DAILY
HIGH GRADE
Candies
FRAMED PICTURES, CURIOS
AND PHOTOGRAPHS
SYLVIA'S
Phone Adams 128
DAWSON EDITOR O. K.
According to word received in
Dawson recently from Rockport, Tex,
where Arthur H. Dever, managing
editor of The Dawson News is so
journing in an effort to regain his
customarily good health i3 so far
1 showing much improvement- and it
was intimated that he no doubt will
be among the populace of the old
gold city before many moons.
AMONG TH’ MISSIN'
On the last mail The Dawson News
was in receipt of a letter for Alex
Sundeen sent in its care. Anyone
knowing the whereabouts of Mr.
Sundeen, please notify the News of
fice.
BRIDGE CLUB MEETS
The Seward bridge club meets to
morrow afternoon, Friday, at 1:45
o’clock at the home of Mrs. W. E.
Root.
A. C. Dowling, deputy marshal from
the Valdez office, was a passenger on
board the steamer Admiral Watson for
Seldovia.
The steamer Starr is due to arrive /
in Seward tomorrow morning from the
westward.
STEAMSHIP STARR
NEXT SAILING WEST FROM SEWARD AUG. 10
San Juan Fishing and Packing Co.
G. C. HENDERSON, Agent
PHONE MADISON 13*. SEWARD, ALASKA
S. S. ADMIRAL WATSON
July 15 July 23, 9 p. m. July 21
S. S. ADMIRAL EVANS
Sails from Arrives South from
Seattle Seward Seward
July 28 August 4 August 11, 9 p. m.
Calling at all regular Southeastern and South
western Alaska ports including Seldovia and
Kodiak.
WAYNE BLUE, Agent
Telephone Main 81 Res.. Madison 40
Pacific Coastwise (Service
^ADMIRAL LINE
! ALASKA STEAMSHIP 1
COMPANY i
Southwestern Alaska Route Schedule
Vessel—
Northwestern
Alaska
Yukon
Northwestern
Alacka
Yukon
Schedule'!
Lv. Seattle
July is.
July 25.
Aug. 1.
Aug. 8
August 15
Aug. 22,
Scheduled
Ar. Seward
July 25.
Aug. 1.
Aug. 8.
Aug. 15
August 22
Aug. 29
Scheduled Sail
from Seward
July 26.
Aug. 2.
Aug. 9.
Aug. 16.
August 23
Aug. 30.
1 |=£^ aa^0lo"tee™nI.asatkae *" * «“ I
| O'CLOCK 'V::z "oeonW1sam„tgleda?e.SeWard 'hai1 ^ l
S above1 ^teamer s ^at «an’yiIls freifht and passengers, connects with E
I ,n,et and “ is-1
i PHONE ma,nJ*,2?- FLICKINGER, Agent
SEWARD, ALASKA =
| milllllllllllil|III"IHIIIIIIIIIIIII|||||||||||||HII|||||I||||||IIinil|||||!l||||||||l|IS
| See the Interior I
| “The Golden Belt” 1
§ r^nd.jhat the countless places of scenic and other inter- |
= o on?M Jemtory may be thoroughly enjoyed and understand, and =
S enable them to acquire first hand and accurate information con- E
E a11 Alaskan activities and development; travelers to the S
— Northland are urged to visit
1 ALASKA'S "GOLDEN HEART"
E Interior Alaska and places en route—including Kenai Lake the 5
a ^00p District,” Spencer and Bartlett Glaciers, Turnagain Arm’ An- =
E chorage, the Matanuska Valley, Curry, Nenana River Canyon Mt Me =5
S K,n,*y National Park, Nenana, the Tanana Valley ad Fairbanks 'hold =
E much of interest to everyone, whether on business or pleasure bent- E
E a+J-0Ur through these regions creates a true conception of the E
a good things that Alaska has to offer. a
S F°r train and automobile schedules, passenger rates and other in- E
a formation, confer with any steamship agent, or S
| DEPARTMENT OF THE INTERIOR §
( The Alaska Railroad I
S (McKinley Park Route) ~ ~
“ Seward Anchorage Curry Nenana Fairbanks |