The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-25
SEATTLE, TUESDAY. JUNE a5.
AN INVASION OF THIS STATE.


The claim advanced by an Astoria judge
that local police regulations of the state
OF Oregon relative to the salmon fisheries
have an extra-territorial effect and can
be enforced against citizens OF Washington
conducting their fishing entirely within
che territorial limits of this state. and in
strict accord with the laws OF this state.
Is an extraordinary one. 1t might be
treated with contempt were II not for the
fact that Oregon officers. acting on the
instructions OF his absurd court. have ac-
sualIy taken It upon themselves to enter
fhis state and arrest our citizens and kid
nap them, to be taken before the Oregon
court for trial for this alleged offense
against the oregon laws.
The question OF Jurisdiction over the
waters OF the Columbia river and the soil
under them Is I'm no sense an open one.
II is a matter OF statute and constitutional
law. When the territory of Washington
was created from portion OF the territory
of Oregon. Its boundaries were defined ty
the act OF congress.
The boundary between the old territory
OF Oregon and the new one created. was
made In express terms the middle of the
main channel OF the Columbia river. from
lss mouth 10 where the forty-sixth degree
OF north latitude crosses that river"
From that time forward neither Ore
Con territory nor tho state subsequently
created ever had any territorial jurisdic-
zion of any kind. form or manner over any
portion OF the Columbia river north of the
established boundary line. and never
could acquire even a concurrent jurisdic-
son with this state over such waters. ex-
cept In pursuance of a compact entered
into between the two states relative there
90. and no such compact has ever been
made.
The settled principles OF the law are
that the jurisdiction OF the courts OF
state are co-extensive with the aovereign-
~ of the state; that state courts have no
extra-territorial Jurisdiction; that the
laws OF n state have no force outside OF
their territorial limits.
All this is simply elementary law, which
the Oregon court seems 20 have forgotten.
The fact Is that the oregon legislature
has passed certain laws regulating the
catch OF salmon in that state. They are
probably entirely proper regulations. and
such as the legislature had a right to
pass. Within the borders Of the state
ahe oregon courts have perfect right
10 enforce those laws. But the power of
she Oregon Legislature aud the power OF
the oregon courts stops at the territorial
limits OF that state. They have no more
effect Ia the state OF Washington than
they would have in the province OF Brit
ash Columbia.
Washington also has police regulations
for the control OF the salmon fisheries.
Those regulations differ from the Ore
Eon laws on the same subject. What is
breach OF the police regulations on the
Oregon side. IS a perfectly lawful act
within the territorial jurisdiction OF
Washington. This IS possibly annoying
60 the oregon fishermen. who see Wash
ington citizens enjoying privileges IN their
pwn waters which are not granted 20 any
ore IN Oregon waters. An olective Judge
whose constituents are in a great major
s;y fishermen. may sympathlEa with the
snnoyances OF tbs men on whose votes
he IS dependant or election. But when
he undertakes 20 ex;ed the jurisdiction Of
Dis court iato neighboring state ana
issues warrants for the arrcs. az cigl-
zens OF another state. who are engaged
within the borders 81 their state IN a
perfectly lawful Industry. ne IS going
utus toe far. and the oficers or rs
court may fad themselves brought up
against some OF the criminal statutes OF
Washington. II they hsvade rs borders
on any such unlawful ervand.
II is true that ty compaots entered
iato between several OF the Eastern
states. each Is given concurrent 3urlS-
diclion over the fisheries in the waters
ahHeh form a common boundary. and
The various state statutes have becn
regulated on that basis. For example.
there Is such a compact between Mary
land and Virginia. entered into ia istS.
ard several times since racdiGtd. 80 jeal-
Gus however. have becn tho several
states 81 any invasion 81 territorial SOW
srsisGty. that the so4sIs hare alNass