HENRY O’MALLEY TO SET
ASIDE FISHERY LAWS
Proposes to Set Aside Laws
Governir-rj Traps On Account
Of Cost to Trap Owners
The court of appeals at San Fran
cisco decided in the case of Thlinket
Packing- Co. v United States (236
Fed. 109) that all traps had to be
opened in a certain way, to-wit: “It
is not a compliance with the act to
lower or lift 25 feet of the web in a
V-shape, but a whole section 25
feet long of the net or webbing
should be raised or lowered.”
In other words, the whole 25 feet
must be opened horizontally, like
the raising or lowering of a window
shade, during the weekly closed sea
son.
Since this very plain decision by
the Court of Appeals EIGHT YEARS
AGO, each big canneryman or trap
man has carried around in his pock
et a letter signed by the United
States Fish Commissioner saying that
this law would not be enforced.
In other words, the Bureau pro
posed to peimit the precise thing
which the Court of Appeals said
was unlawful.
This year, under the sweeping
authority of the White Fish Bill, the
Bureau of Fisheries announced that
the law as interpreted by the Court
of Appeals must be enforced even
though a dead letter for eight years.
Since this ruling, the trapmen have
asked the District Court to prevent
any officer from enforcing this pro
vision of Congress, placed in the
law to guarantee the escapement of
fish from the trap once a week.
These trapmen have made a pe
tition, signed by practically every
trapowner, saying that they simply
cannot construct a trap which can
b( opened in the manner required by
law, and they have the audacity to
ask the Court, therefore, to let them
run anyhow. Burglars asking the
court to set aside the laws simply
because they cannot burglarize law
fully.
The argument they use is most
singular. It is that they would lose
a lot of money if they are not al
lowed to set aside the law. A bur
glar could advance the same argu
ment.
Now comes Henry O’Malley who
says that he has been asking Con
gress for years to give him absolute
power so that he could make any
regulation necessary to save the fish.
He has this power now under the
White Fish Bill, but that it will not
be enforced this year because the
money loss will be too great.
Let O’Malley and Hoover Company
answer the people of the United
States; 1st, Is it not a fact that this
law has been on the books since
11)06 ?
2nd, Is it not a fact that the very
point at issue was raised and de
cided in the case above cited, eight
years ago ?
3rd, Is it not a fact that the Bu
reau of Fisheries sent a letter to all
large trapowners stating that these
trapmen need not fear for they would
not be molested by the Bureau if
they only turned down one corner
of the web ?
4th, Is it not a fact that you have
already informed the big trapmen
that this regulation to which they
object will not be enforced this year
and that the fishery laws of the
United States which you are sworn
to uphold will be a dead letter at
least for this summer?
If you, Mr. O’Malley, would pub
lish the telegrams which brought
about your appointment to your job
as Fish Commissioner, the people of
the United States would readily un
derstand who your bosses are.
The people of the United States
have a right to know the truth.
“Man cannot serve God and Mam
mon.
Dr. Clark is quoted as saying- that
“employees must have at least sev
enty-five dollars to their credit when
they end the season’s work.”
-“V—
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