Auk Bay Salmon Canning Co. v. United States

On June 26, 1906, Congress enacted a statute for the protection and regulation of the fisheries of Alaska. 34 Stat. 478 ( 48 U.S.C.A. §§ 221 , 226 notes, 230-242). .On May 4, 1923, the Legislature of the territory of Alaska passed an act to supplement the fishing laws of the United States applicable to Alaska. Session Laws of Alaska of 1923. The plaintiff in error was convicted under an indictment charging it with violation of the provisions of the latter statute. The question presented upon the writ of error is whether or not the Organic Act of August 24, 1912 ( 37 Stat. 512 [ 48 U.S.C.A. §§ 21-24 , 44, 45, 77-90]), renders illegal the act of the territorial Legislature. The Organic Act follows in the main the form of prior territorial Organic Acts. In section 3 ( 48 U.S.C.A. §§ 23 , 24, 80) it provides: “That except as herein provided all laws now in force in Alaska shall continue in full force and effect until altered, amended, or repealed by Congress or by the Legislature: Provided, that the authority herein granted to the Legislature to alter, amend, modify, and repeal laws in force in Alaska shall not extend to the customs, internal revenue, postal, or other general laws of…