Justice Brennan Grants Injunction To
Prevent State Enforcement of Trap Ban
WASHINGTON, W—A Supreme
Court Justice, William J. Brennan
Jr., Saturday granted a preli
minary injunction to prevent Alas
ka from halting the operation of
11 fish traps by three Indian vil
lages this season.
He said petitions for review of
his order shall be filed on or
before August 20.
Attorneys for the villages —
Kake, Angoon and Metlakatla —
asked for the injunction during
four hours of argument before
Brennan Friday.
Alaska’s Constitution and law
i prohibit use of traps to catch sal
mon. The prohibition is based on
the contention that the traps pre
vent the fish from moving up
stream to spawn. The state’s anti
trap laws have been upheld by an
Alaskan court.
Attorneys for the villages said
the Indians ha\je spent about
$250,000 in preparing for trapping
operations this season and that
consequently extreme hardship
and economic loss would result if
the traps were banned.
Alaska opposed the injunction.
The new state’s Attorney General,
John Rader, said the traps are
“the most unpopular device known
to Alaskans.”
The Alaska statehood act gives
the Interior Department the re
sponsibility of administering the
wildlife resources of the state
until January 1, 1960. On this
basis, the Secretary of the Interior
has banned all fish traps this year
except those at the three Indian
villages involved.
Counsel for Alaska argued that
the Secrtary’s action was a denial
of Alaska’s right to “equal foot
ing” with other states. The state’s
spokesmen also questioned whe
A - -
ther the Supreme Court had jur
isdiction in the matter. A state
supreme court, when it is estab
lished, might have jurisdiction to
review the lower court’s ruling,
they indicated.
In an opinion accompanying
the order, Brennan said:
“I recognize that ordinarily a
single justice should exercise
great caution in granting a re
straining order. I am especially
hesitant to grant the relief re
quested in this case since the dis
trict court refused the relief, the
restraint prevents the staje from
enforcing a criminal law and the
subject matter is obviously of
great importance, in Alaska and
has occasioned heated controver
sy. However, decision cannot be
escaped . . .
“Therefore, notwithstanding the
considerations which lead me to
hesitate, I think the equities so j
plainly support the petitioners’
application that it should be
granted.”
Brennan said “The State and
the Governor have made no show
ing which persuades me that the
consequences feared by petitiqners
will not follow from enforcement
of the state statute against the
petitioners.”
“The total season consists of no
more than 30 to 40 fishing days,
and almost one-third of the sea
son^ for Kake and Angoon has al
ready expired. This hardly is a
showing that Alaska’s conserva
tion program will, be seriously im
paired if respondents are enjoined
from preventing petitioners trap
fishing until the case is ultimately
disposed of by this court.”
Letter-size and legal file folders
at The Nugget
U. S. Seeking Use
Of Proposed B. C.
Railway Route
VANCOUVER, B. C., — The
Sun says United States govern
ment officials are having discus
sions with representatives of the
Wenner-Gren British Columbia
Development Company on the use
of the company’s proposed north
eastern British Columbia railroad
as part of a railway route to
Alaska.
The company, backed by Swe
dish industrialist Axel Wenner
Gren, has announced plans to
start construction next year of a
line from the Prince George area
to the B. C.-Yukon border.
The paper says secretary Carl
Junge of the Alaska International
Rail and Highway Commission,
will visit northeastern B. C. next
week for further talks with Wen
ner-Gren executives on . use of
the line as part of a link between
Alaska and Washington state.
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