Territory

In February and March, 1923, the appellant companies took out several licenses to operate fish traps in Alaskan waters and paid as fees at the rate of $200 per trap, as was then required by the laws of the territory. On May 5, 1923, the Legislature passed an amendatory act (Laws Alaska 1923, c. 101) by which there was added to the *416 $200 fee at the rate of $2 per 1,000 for all fish caught in any one trap in excess of 100,000, and by virtue of an emergency clause the act became immediately effective. Up to that time the appellants had caught no fish, but during the remainder of the calendar year they took in excess of 100,000 in each trap. They declined to make any further license payment, and this suit was brought to recover from them an amount arrived at by computing the excess catch at the rate of $2 per 1,000 as provided in the amendatory act. To an answer setting up certain legal defenses, a demurrer was sustained, and, the appellants declining to plead further, judgment was entered against them, from which they prosecute this appeal.

They first contend that the exaction, is void, because it is essentially a property tax, and is not according to value, as required by the…