Anderson

This suit was brought by a citizen of the United States, a resident of San Francisco, to enjoin Walstein G. Smith, as Treasurer of the Territory of Alaska, from collecting, or attempting to collect, from the plaintiff a license tax fixed by an Act of the Territorial Legislature approved *735 April 20, 1933 (Laws 1933, c. 30). By this act license fees for each resident fisherman of all classes were fixed at $1 per annum, while for each nonresident fisherman who uses a hook and line in trolling, at $25; for each nonresident fisherman who uses gill nets, $25; for each nonresident fisherman who uses seines,'$25; and for each nonresident fisherman employed in operation of fish traps, $25. Section 2. We are concerned here only with the license tax of $25 per annum for nonresident fishermen who use ■gill nets. To fish without the requisite license is declared to be, unlawful, and the offense is punishable by fine and imprisonment. Section 7. The act does not apply to fishing for personal consumption, but only to fishing for commercial purposes. Section 8.

Appellant contends that in view of the right of any citizen of the United States to fish in territorial waters of Alaska the Alaskan…