food - the Warden Pryde ke< ps
a watchman here constantly,
presanmId v so as to prevent i.ne
lVsistl'iJlS v> l . l.’-iUVi to toko
11it?iii .. oou .i:;.i 1 j’siiiii vV*
made a tS'.jjj! anti c.uig'iii o sal
mon. These siiSmim ue alter *
words cared *‘oi wi-ncr’s food.
U tuii Warden Pryde got hold oi'
the :r:-aiter he bs lo take
steps lt) iiave us ji/'ii.ir."u• »**!. tin'
i ioky ■ ush i ounier informed
h*m that we hr.-.* sold no fish, or
delivered iso ilsn lo ham, and
thus we dici not use fisn ha com
meii i 5.1 purposes. i.ei, irili n
i*r> j>.e •.i not <iat this, but
went io v h i' voiioi-isioner here
and sc-ash! lo nave aivamvcul for
us to plead gumy. But the Com
missiOiiei here <■ fused io push
the « .tM\ as ?e believed we had
violated no :av. a ad Warden
hryiir was t hcro’ioou t*» Riiip*
steps t.o ring [he ease im .’Ju
neau for tne winter, but for
some reason no farther action
was taken in our case.
Aiowever, on returning in
10”8 ai ibe am ning oi the iish
; ng se•• V• \ rd.e*i Pr % dr was
mere determined than ever that
vre re detents should not t ike
food fish out i Ankow Inlt t. Hr
eaused markers to be placed 800
yards outside of entrance to In
let. which markers read that
•H fishing except by spear, rod
or gart is proh oiled within these
markers. He further let us un
derstand that any one using any
different gear for catching food
fish in these closed waters.
would immediately he prosecut
ed. Thus the matter stands,
and Warden Pryde lias succeed
ed in preventing us citizens and
bona fide residents of Yakutat
to take our food fish which we
badly need. And Warden Pryde
says lie has the District Attor
ney, Mr. Harding, supporting*
him in this move.”
Now the question of “strict
interpretation of the law’” un
der which Hansen and Thayer
c°iifvM roirnon for food arises.
inu! although yon have quoted
! m you, joi.ier of A|»i iI Hind,
i weii ;is in many other
it*: mu's, you ;v■ v<1 never j,n ;oiii,~
•i an iiiliM pi’; i;.ii idi of it in its
, .••plication In taking food ior
toad reqiuremoiits.''. Section 4
■ units aii lisping in rivers and
sti'i 'an:; to hand rod, spear and
■.ini', and the Section termiu
.tes wii.li this modifying provi
nce: “PKOVfDKD, That liotli
ivy emUamefi herein shall pre
vent tiie dining 01 lisa for local
iota! revvoreiucaits 01 for use as
aoii iced.”
The Act does not prescribe
how ii .li ior local requirements
•hail be taken nor what form
of fishing' gear shall be used.
This provision was placed in all
hsh game laws for Alaska by
Cong i r s.x on the sound pre
aim pi ion tnat in a country
teeming with fish and game ani
mals there should be no restric
tions placed on the residents in
securing natural food necessary
or -.heir requirements, and it is
nu opinion that Congress did
not intend to have watchmen
like Mike Karussos or Warden
Harry Pryde decide by what
method a resident of Alaska
hould secure his food from riv
ers wherein commercial fishing
was excluded.
You will please bear in mind
that 1 am advancing a layman's
opinion of the meaning of the
provision that protects resi
dents of Alaska from the perni
cious interference of fish ward
ens in obtaining food for local
con sumption. I dislike to dif
fer in legal opinion with Mike
and Harry, but I cannot agree
with them that the law means
that only rod, spear, or gaff
shall be used in the rivers of
Alaska to catch food for local
use. When Mike and Harry or
dered the closing of Ankow In
let to catching family food by
net, they knew that fishing with
rod, spear, or gaff was imprac
tical, and in fact impossible, in
the broad waters of the Inlet.
They also knew that many diffi
( allies attended the taking of
fish outside of the Inlet, and so
it was evidently their purpose
to hamper local residents in
catching food salmon as much
as possible. Their motive could
certainly not have been conser
vation of fish, as they seemed
to recognize that by rod, spear,
or gaff methods. Hansen and
Thayer were entitled to what
fish they required for winter
use. in this case they took only
•Vi salmon each, a very small
quantity for a family’s winter
supply.
You will read in the statement
of Hansen and Thayer that “we
informed the watchmen that we
wanted a little fish for food.’
There was nothing surreptitious
or underhanded in their actions
They believed that they were
strictly within their rights as
resident citizens of Alaska ir
taking fish for their own use
from Ankow Inlet. They knew
that they were committing nc
offense against the law ever
though they were offending the
dignity of Mike and Harry, wh(
in their little sphere of brie,
authority, seem to feel tha
their very existence is depend
ent upon the deference anc
homage of local residents o:
Yakutat. It was without doub
the lack of proper regard or
the part of Hansen and Thayei
for the dignity of warden anc
watchman that aroused the im
pel ions anger of Warden Pryd(
and prompted him to start pros
ecution as described by Hansel
and Thayer. From the state
ment of Hansen and Thaye:
and from the records of the U
S. Commissioner’s Court, wher<
Warden Pryde sought to adjud
icate his grievance, it appear
that the U. S. Commissione
held that the defendants ha<
not violated the law by net fish
ing in restricted waters. Thi
decision of the Commissione