Canoe Pass Packing Co. v. United States
Opinion
Lead Opinion
Gilbert, J.
The plaintiffs in error were convicted under four counts of a joint indictment, each count charging them with the crime of fishing with a set net in Miles Lake, Alaska, within 600 feet laterally of another set net. By section 264 of the Compiled Laws of Alaska for 1913 the Secretary of Commerce and Labor was empowered in his discretion to set aside streams or lakes in which fishing might be limited or entirely prohibited, and to establish a closed season ; all persons interested to be given a hearing, after notice b)'’ publication or otherwise. After such a hearing the Secretary of Commerce promulgated an order, to be effective January 1, 1918, one of the provisions of which was that commercial fishing was prohibited in waters of Miles Lake from 6 a. m. on January 1 to 6 a. m. of June 5 of each year. Said the order: “All fishing in Miles Lake shall be limited to stake nets and set.nets. No such nets shall exceed 600 feet in length, and only one such net shall be extended out from shore from one location. No offshore nets shall be permitted in the lake. The lateral distance interval between all nets in Miles Lake shall be not less than 600 feet.”