Freeman

Freeman v. Smith

Good Law
44 F.2d 703·5 Alaska Fed. 576·1930 U.S. App. LEXIS 3421
United States Court of Appeals for the Ninth CircuitNovember 24, 1930No. 6150California1,281 words

Opinion

Lead Opinion

Rudkin, J.

This case involves the validity of section 2 of chapter 96 of the Laws of Alaska, 1929, which exacts an annual license fee of $250 from nonresident fishermen who use hook and line in trolling, as against a license fee of $1 for resident fishermen. It appears from the allegations of the complaint that the plaintiff is a citizen of the United States and a resident of Tacoma, in the state of Washington; that for many years last past he has been engaged in the business of fishing for salmon in the territorial waters of Alaska *577 and was licensed so to do by the treasurer of the territory; that- during that period his average catch of salmon each year did not exceed $500 in value, and his catch was equal to the average catch made by other members of the trolliñg fleet; that the territorial act above mentioned discriminates against nonresident trailers in favor of resident trailers; and that the license fee exacted is exorbitant, unreasonable, and prohibitive, in view of the fact that the quantity of salmon which may be caught in the territorial waters of Alaska during any season is speculative, and the requirements of a license fee of $250, with expenses of operation added, will not…

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