United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 36 of 150)
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in the waters of Alaska from employing as laborers any aliens who
can now be lawfully employed under the existing laws of the United
States, either at stated wages or by piecework, or both,, in connection
with Alaskan fisheries, or with the canning, salting or otherwise pre-
serving of fish. (34 Stat. 263.)

This section and the four sections next following were an act entiUed "An
act to prohibit aliens from fishing in the waters of Alaska."

The authority granted to the legislature of Alaska to alter, amend, modify,
and repeal laws in force in Alaska, by Act Aug. 24, 1912, c 387, § 3, ante,
i 8530, did not extend to the fish laws, by a proviso annexed to said section.
The laws relating to the fur seal fisheries are contained in Act Aug. 24,
1912, c 875. R. S. t§ 1956-1976, Act April 21, 1910, c. 183, tl 1-3, 9, Act
Aug. 18, 1894, c 301, S 1, and Act March 3, 1893, c. 208, post, under Tide
LXVI B, "Protection of Fur-Seals and Other Fur-Bearing Animals."

§ 3624. (Act June 14, 1906, c 3299, § 2.) Penalty for violations
of act; liability of vessels^ etc.
Every person, company, corporation, or association found guilty
of a violation of any provision of this Act or of any regulation made
thereunder shall, for each offense, be fined not less than one hundred
dollars nor more than five hundred dollars, which fine shall be a lien
against any vessel or other property of the offending party or which
was used in the commission of such unlawful act. Every vessel used
or employed in violation of any provision of this Act or of any reg-
ulation made thereunder shall be liable to a fine of not less than one
hundred dollars nor more than five hundred dollars, and may be seized
and proceeded against by way of libel in any court having jurisdic-
tion of the offense. (34 Stat. 264.)

§ 3625. (Act June 14, 1906, c. 3299, § 3.) Jurisdiction of prosecu-
tions.

The violation of any provision of this Act or of any regulation
made thereunder may be prosecuted in any United States district
court of Alaska, Calitomia, Oregon, or Washington. (34 Stat. 264.)

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§ 8626 THB TSBBITOBIBS AND INSULAE P088S88ION8 (Tit 23

§ 3626. (Act June 14, 1906, c 3299, § 4.) Searches and aeisures of
vessels and arrests of persons violating act
The collector of customs of the district of Alaska is hereby aur
thorized to search and seize every foreign vessel and arrest every
person violating any provision of this Act or any regulation made
thereunder, and the Secretary of Commerce [and Labor] shall have
power to authorize officers of the Navy and of the Revenue-Cutter
Service and agents of the Department of Commerce [and Labor]
to likewise make such searches, seizures, and arrests. If any for-
eign vessel shall be found within the waters to which this Act ap-
plies, having on board fresh or cured fish and apparatus or imple-
ments suitable for killing or taking fish, it shall be presumed that
the vessel and apparatus were used in violation of this Act until
it is otherwise sufficiently proved. And every vessel, its tackle, ap-
paratus, or implements so seized shall be given into the custody
of the United States marshal of either of the districts mentioned in
section three of this Act, and shall be held by him subject to the
proceedings provided for in section two of this Act The facts in
connection with such seizure shall be at once reported to the United
States district attorney for the district to which the vessel so seized
shall be taken, whose duty it shall be to institute the proper pro-
ceedings. (34 Stat. 264.)

The words of this section, ''and Labor,'* inclosed in brackets where they
occur twice in the section, were superseded by the change of the designations
of the Department of Commerce and Loibor, and of the Secretary of Com-
merce and Labor, to Department of Commerce, and Secretary of Commerce,
by the act creating the Department of Labor, Act March 4, 1013, c 141,
i 1^ ante, I 932.

§ 3627. (Act June 14, 1906, c. 3299, § 5.) Regulations to carry act
into effect; enforcement of provisions; treaties, etc, not af-
fected.
The Secretary of Commerce [and Labor] shall have power to
make rules and regulations not inconsistent with law to carry into
effect the provisions of this Act. And it shall be the duty of the
Secretary of Commerce [and Labor] to enforce the provisions of
this Act and the rules and regulations made thereunder, and for
that purpose he may employ, through the Secretary of the Treasury
and the Secretary of the Navy, the vessels of the United States
Revenue-Cutter Service and of the Navy : Provided, however. That
nothing contained in this Act shall be construed as affecting any
existing treaty or convention between the United States and any
foreign power. (34 Stat. 264.)

The words of this section, "and Labor,** indoaed in brackets, where they
twice occur in the section, were superseded by the change of the designations
of the Department of Commerce aud I^bor, and the Secretary of Commerce
and Labor, to Department of Commerce, and Secretary of Commerce, by the
act creating the Department of Labor, Act March 4, 1913, c 141, | 1, ante, f
032.

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Ch. 3a) thb territories and insular possessions S 8629

§ 3628. (Act June 26, 1906, c« 3547, § 1.) License taxes on business
of canning, curing, eta, fish or manufacturing fish products in
Alaska.
Every person, company, or corporation carrying on the business
of canning, curing, or preserving fish or manufacturing fish products
within the territory known as Alaska, ceded to the United States by
Russia by the treaty of March thirtieth, eighteen hundred and sixty-
seven, or in any of the waters of Alaska over which the United
States has jurisdiction, shall, in lieu of all other license fees and
taxes therefor and thereon, pay license taxes on their said business
and output as follows : Canned salmon, four cents per case ; pickled
salmon, ten cents per barrel; salt salmon in bulk, five cents per
one hundred pounds ; fish oil, ten cents per barrel ; fertilizer, twen-
ty cents per ton. The payment and collection of such license taxes
shall be under and in accordance with the provisions of the Act of
March third, eighteen hundred and ninety-nine, entitled "An Act
to define and punish crimes in the district of Alaska, and to pro-
vide a code of criminal procedure for the district," and amendments
thereto. (34 Stat. 478.)

This section and the ten sections next following were part of the Alaska
Salmon Fisheries Act, June 26, 1906, cited above.

Act March 3, 1899, c 429, 80 Sut 1253, mentioned in this section, was
the Alaslca Criminal Code.

Previous provisions for the protection of the salmon fisheries of Alaska,
made by Act March 2, 1889, c 415, 25 Stat. 1009, as amended by Act June
9, 1896, c 387, 29 Stat. 316, were re-enacted in the Alaska Criminal Code,
Act March 3, 1899, c. 429, Sf 179-183, 30 Stat 1280, which prohibited obstruc-
tions in any part of the rivers or streams of Alaska preventing the ascent of
salmon; prohibited fishing above the tide waters of certain creeks or rivers,
except with rod or spear; prohibited fishing for salmon in any of the waters
of the Territory of Alaska, with certain exceptions, on Saturday; prohibited
fishing for salmon at night, except with rod or spear; provided for the es-
tablishment of spawning grounds; provided for the establishment of weekly
close seasons ; authorized the appointment of inspectors of fisheries and assistant
inspectors of fisheries; and provided for the prosecution of violations of the
act. Said provisions were superseded by those of this act, set forth here, except
those of said section 182, which provided for the appointment of an inspector
of fisheries and two assistant inspectors of fisheries.
See note to Act June 9. 1896, c 387, I 4, post, § 3638.
Sections 12-14 of this act are set forth post, §§ 3641-3643.
Section 15 of this act repealed all acts and parts of inconsistent acts.
Section 16 thereof provided that it should take effect from and after its
passage.

The authority granted to the legislature of Alaska to alter, amend, modify,
and repeal laws in force in Alaska, by Act Aug. 24, 1912, c. 387, S 3, ante,
f 3530, did not extend to the fish laws, by a proviso in said section.

The Commissioner of Fisheries was empowered and directed to institute
an investigation into the habits, abundance, and distribution of the salmon
of Alaska, etc., with a view of recommending to Congress additional le?:isIation
necessary to prevent the impairment or exhaustion thereof, etc., by Act March
2, 1889, c. 415, i 2, 25 Stat. 1009.

§ 3629. (Act June 26, 1906, c. 3547, § 2.) Exemption from license
fees and taxation of owners of private salmon hatcheries in
proportion to fry liberated; inspection and approval of hatch-
eries; proof and certificates of amount of fry liberated.
The catch and pack of salmon made in Alaska by the owners of

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§ 8629 THB TBBRIT0RIB8 AND INSULAR P088B88ION8 (Tit 23

private salmon hatcheries operated in Alaska shall be exempt from
all license fees and taxation of every nature at the rate of ten cases
of canned salmon to every one thousand red or king salmon fry
liberated, upon the following conditions:

That the Secretary of Commerce [and Labor] may from time to
time, and on the application of the hatchery owner shall, within a
reasonable time thereafter, cause such private hatcheries to be in-
spected for the purpose of determining the character of their opera-
tions, efficiency, and productiveness, and if he approve the same
shall cause notice of such approval to be filed in the office of the
clerk or deputy clerk of the United States district court of the di-
vision of the district of Alaska wherein any such hatchery is lo-
cated, and shall also notify the owners of such hatchery of the ac-
tion taken by him. The owner, agent, officer, or superintendent
of any hatchery the effectiveness and productiveness of which has
been approved as above provided shall, between the thirtieth day
of June and the thirty-first day of December of each year, make
proof of the number of salmon fry liberated during the twelve
months immediately preceding the thirtieth day of June, by a writ-
ten statement under oath. Such proof shall be filed in the office of
the clerk or deputy clerk of the United States district court of the
division of the district of Alaska wherein such hatchery is located,
and when so filed shall entitle the respective hatchery owners to
the exemption as herein provided ; and a false oath as to the num-
ber of salmon fry liberated shall be deemed perjunr and subject the
offender to all the pains and penalties thereof. Duplicates of
such statements shall also be filed with the Secretary of Com-
merce [and labor]. It shall be the duty of such clerk or deputy
clerk in whose office the approval and proof heretofore pro-
vided for are filed to forthwith issue to the hatchery owner, caus-
ing such proofs to be filed, certificates which shall not be transfer-
able and of such denominations as said owner may request (no cer-
tificate to cover fewer than one thousand fry), covering in the ag-
gregate the number of fry so proved to have been liberated ; and
such certificates may be used at any time by the person, company,
corporation, or association to whom issued for the payment pro
tanto of any license fees or taxes upon or against or on account of
any catch or pack of salmon made by them in Alaska ; and it shall
be the duty of all public officials charged with the duty of collect-
ing or receiving such license fees or taxes to accept such certificates
in lieu of money in payment of all license fees or taxes upon or
against the pack of canned salmon at the ratio of one thousand
fry for each ten cases of salmon. No hatchery owner shall obtain
the rebates from the output of any hatchery to which he might oth-
erwise be entitled under this Act unless the efficiency of said hatch-
ery has first been approved by the Secretary of Commerce [and
Labor] in the manner herein provided for. (34 Stat 478.)

See notes to precedinf lection of this act, ante, | 8628.
The words of this tection, **aiid Labor,** inclosed In brackets in each place
wliere they occur in the section, were superseded by the change of the designa-

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Ch. 3a) thb tbrritoribs and insular pobsbssiOns § 8632

tlons of the Department of Commerce and Labor, and the Secretary of Com-
merce and Labor, to Department of Commerce, and Secretary of Commerce,
by the act creating the Department of Labor, Act March 4, 1913, c 141, §
1, ante, § 932.

§ 3630. (Act June 26, 1906, c 3547, § 3.) Stationary obstructions
in certain waters for capturing s^mon, or preventing or imped-
ing their ascent to, their spawning grounds, unlawful.
It shall be unlawful to erect or maintain any dam, barricade,
fence, trap, fish wheel, or other fixed or stationary obstruction, ex-
cept for purposes of fish culture, in any of the waters of Alaska at
any point where the distance from shore to shore is less than five
hundred feet, or within five hundred yards of the mouth of any
red-salmon stream where the same is less than five hundred feet in
width, with the purpose or result of capturing salmon or prevent-
ing or impeding their ascent to their spawning grounds, and the
Secretary of Commerce [and Labor] is hereby authorized and di-
rected to have any and all such unlawful obstructions removed or
destroyed. (34 Stat. 479.)

See notes to section 1 of this act, ante, f 3628.

The words of this section, "and Labor,'* inclosed in brackets, were super-
seded by the change of the designation of the Secretary of Commerce and
Labor to Secretary of Commerce by the act creating the Department of
Labor, Act March 4, 1913, c 141, § 1, ante, I 932.

§ 3631. (Act June 26, 1906, c. 3547, § 4.) La3ring or setting nets,
seines, etc., in certain waters, restricted.
It shall be unlawful to lay or set any drift net, seine, set net,
pound net, trap, or any other fishing appliance, for any purpose ex-
cept for purposes of fish culture, across or above the tide waters of
any creek, stream, river, estuary, or lagoon, for a distance greater
than one-third the width of such creek, stream, river, estuary, or
lagoon, or within one hundred yards outside of the mouth of any
red-salmon stream where the same is less than five hundred feet in
width. It shaH be unlawful to lay or set any seine or net of any »
kind within one hundred yards of any other seine, net, or other
fishing appliance which is being or which has been laid or set in
any of the waters of Alaska, or to drive or construct any trap or
any other fixed fishing appliance within six hundred yards laterally
or within one hundred yards endwise of any other trap or fixed
fishing appliance. (34 Stat. 479.)

See notes to section 1 of this act, ante, S 3628.

§ 3632. (Act June 26, 1906, c. 3547, § 5.) Close season for salmon
during part of each week and in small streams during every
night; stationary and floating traps to be closed and free pas-
sage of salmon and other fishes permitted during weekly close
season.
It shall be unlawful to fish for, take, or kill any salmon of any
species in any manner or by any means except by rod, spear, or
g'a.if, in any of the waters of Alaska over which the United States
Ha.s jurisdiction, except Cook Inlet, the Delta of Copper River,
Bering Sea, and the waters tributary thereto, from six o'clock post-

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§ 868S THB TBRBITORIB8 AND XNSULAm POSSESSIONS (Tit 23

meridian of Saturday of each week until six o'clock antemeridian of
the Monday following, or to fish for, or catch, or kill in any man-
ner or by any appliances except by rod, spear, or gaff, any salmon
in any stream of less than one hundred yards in width in Alaska
between the hours of six o'clock in the evening and six o'clock in
the morning of the following day of each and every day of the
week. Throughout the weekly close season herein prescribed the
gate, mouth, or tunnel of all stationary and floating traps shall be
closed, and twenty-five feet of the webbing or net of the 'Ticart" of
such traps on each side next to the "pot" shall be lifted or lowered
in such manner as to permit the free passage of salmon and other
fishes. (34 Stat. 479.)

See Dotet to section 1 of thU act, ante, | 8628.

§ 3633. (Act June 26, 1906, c 3547, § 6.) Setting aside streams
or lakes as spawning grotmds^ and limitation or prohibition of
fishing or establishing close season therein*
The Secretary of Commerce [and Labor] may, in his discretion,
set aside any streams or lakes as preserves for spawning grounds,
in which fishing may be limited or entirely prohibited; and when,
in his judgment, the results of fishing operations in any stream, or
off the mouth thereof, indicate that the number of salmon taken is
larger than the natural production of salmon in such stream, he is
authorized to establish close seasons or to limit or prohibit fishing
entirely for one year or more within such stream or within five hun-
dred yards of the mouth thereof, so as to permit salmon to in-
crease: Provided, however, That such power shall be exercised
only after all persons interested shall be given a hearing, of which
due notice must be given by publication ; and where the interested
parties are known to the Department they shall be personally no-
tified by a notice mailed not less than thirty days previous to such
hearing. No order made under this section shall be effective be-
fore the next calendar year after same is made : And provided fur-
ther, That such limitations and prohibitions shall not apply to those
engaged in catching salmon who keep such streams fully stocked
with salmon by artificial propagation. (34 StaL 480.)
See notes to section 1 of this act, ante, I 862a

The words of this section **and Labor,'* inclosed In brackets, were super-
seded by the change of the designation of the Secretary of Commerce and
Labor to Secretary of Commerce by the act creating the Department of Labor,
Act March 4, 1913, c 141, | 1, ante, { 032.

§ 3634. (Act June 26, 1906, c 3547, § 7.) Canning or salting sal-
mon for sale for food, more than 48 hours after killing, unlaws
fuL
It shall be unlawful to can or salt for sale for food any sal-
mon more than forty-eight hours after it has been killed. (34 Stat.
480.)

Sea ootct to section 1 of this act, ante, | 8628.

§ 3635. (Act June 26, 1906, c 3547, § 8.) Wanton waste or de-
struction of salmon or other food fishes unlawf uL
It shall be unlawful for any person, company, or corporation wan-
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Ch. 3a) thb territories and insular possessions § 3638

tonly to waste or destroy salmon or other food fishes taken or
caught in any of the waters of Alaska. (34 Stat. 480.)
See notes to section 1 of this act, ante, I 3628.

§ 3636. (Act June 26, 1906, c. 3547, § 9.) False labeling, branding,
etc., of packages of fish o£fered for sale, unlawful; certain
terms permitted.
It shall be unlawful for any person, company, or corporation
canning, salting, or curing fish of any species in Alaska to use any
label, brand, or trade-mark which shall tend to misrepresent the
contents of any package of fish offered for sale: Provided, That
the use of the tejms "red," "medium red," "pink," "chum," and so
forth, as applied to the various species of Pacific salmon under pres-
ent trade usages shall not be deemed in conflict with the provisions
of this Act when used to designate salmon of those known species.
(34 Stat. 480.)

See notes to section 1 of this act, ante, f 3628.

§ 3637. (Act June 26, 1906, c. 3547, § 10.) Annual reports by per-
sons, companies, etc., engaged in catching, curing, or in utiliz-
ing fishery products, or in operating fish hatcheries.
Every person, company, and corporation engaged in catching,
curing, or in any manner utilizing fishery products, or in operating
fish hatcheries in Alaska, shall make detailed annual reports there-
of to the Secretary of Commerce [and Labor], on blanks furnished
by him, covering all such facts as may be required with respect
thereto for the information of the Department. Such reports shall
be sworn to by the superintendent, manager, or other person
having knowledge of the facts, a separate blank form being used
for each establishment in cases where more than one cannery,
saltery, or other establishment is conducted by a person, company,
or corporation, and the same shall be forwarded to the Depart-
ment at the close of the fishing season and not later than December
fifteenth of each year. (34 Stat. 480.)

See notes to section 1 of this act, ante, { 3628.

The words of this section *'and Labor," inclosed in brackets, were super-
seded by the change of the designation of the Secretary of Commerce and
Labor to Secretary of Commerce by the act creating the Department of Labor,
Act March 4, 1913, c 141, § 1, ante, S 932.

§ 3638. (Act June 26, 1906, c 3547, § 11.) Provisions of act appli-
cable to catching or killing, except with rod, spear, or gaff, fish
of any kind; regulations to carry act into effect.
The catching or killing, except with rod, spear, or gaff, of any
fish of any kind or species whatsoever in any of the waters of
Alaska over which the United States has jurisdiction, shall be sub-
ject to the provisions of this Act, and the Secretary of Commerce
[and Labor] is hereby authorized to make and establish such rules
and regulations not inconsistent with law as may be necessary to
carry into effect the provisions of this Act. (34 Stat. 4S0.)

See notes to section 1 of this act, ante, | 3628.

The words of this section "and Labor," inclosed in brackets, were supersed-
ed bj the change of the designation of the Secretary of Commerce and Labor

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§ 3639 THE TERRITORIES AND INBX7LAR POSSBB8ION8 (Tit 23

to Secretary of Commerce by the act creatine the Department of Labor, Act
March 4, 1913, c 141, | 1, ante, S 932.

§ 3639. (Act June 9, 1896, c. 387, § 4.) Inspector of fisheries and
assistant inspectors; appointment; salary; estimates sub^
mitted for salaries and expenses.
To enforce the provisions of law herein, and such regulations as
the Secretary of Treasury may establish in pursuance thereof, he
is authorized and directed to appoint one inspector of fisheries, at
a salary of one thousand eight hundred dollars per annum, and two
assistant inspectors, at a salary of one thousand six hundred dol-
lars each per annum ; and he will annually submit to Congress es-
timates to cover the salaries and actual traveling' expenses of the
officers hereby authorized and for such other expenditures as may
be necessary to carry out the provisions of the law herein. (29
Stat. 317.)

This section was part of an act to amend Act March 2, 1889,. c 415, 25
Stat 1009, entitled '*An act to provide for the protection of the salmon fish-
eries of Alaska," which it amended and re-enacted as set forth therein, super-
seding said previous act.

The provisions of this act, mentioned in this section as "the provisions of
law herein," were re-enacted in the Alaska Criminal Code, Act March 3, 1899,
c. 429, K 179-183, 30 Stat 1280.
See notes to Act June 26, 1906, c 3547, I 1, ante, I 3628.
This section was itself superseded by Act June 4, 1897, c 2, | 1, post, {
3640, which provided for the appointment of one agent and one assistant
agent in lieu of the inspector and assistant inspectors authorized to be ap-
pointed by this section. But this section was subsequently re-enacted in the
same language as part of the Alaska Criminal Code, Act March 3, 1899, c.
429, § 182, 30 Stat 1281.

. Subsequent sundry civU appropriation acts provide for salaries of an agent,
an assistant agent and an inspector. The provisions for the fiscal year 1914,
by Act June 23, 1913, c 3, § 1, 38 Stat 63, make appropriations for one
agent at $2,500, one inspector at $1,800, one assistant agent at $2,000, and
one assistant agent at $1,800.

The jurisdiction, supervision, and control previously possessed and exercised
by the Department of the Treasury over the salmon and other fisheries of
Alaska were transferred and vested in the Department of Commerce, by
provisions of the act establishing that department Act Feb. 14, 1903, c 552,
i 7, ante, § 85&

§ 3640. (Act June 4, 1897, c. 2, § 1.) Agent and assistant agent;
appointment; salary.
In lieu of the three inspectors whose employment is authorized by
the Act of June ninth, eighteen hundred and ninety-six, there shall



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 36 of 150)