The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-23
Her Commissioner Can't Arrest
Washington Fishermen.
DECISION OF FEDERAL COURT.
Washington Owns the River and the
Salmon Ont 10 the Middle.
Proceedings of the Teachers Institute
at Tacoma sale of the Oregon
Pacific to Hammond, Of Montana,
foT >Io0,0 900 Confirmed.

Portland. July 2o.-In the United States
district court today Judge Beyiinger. OF
tne District OF Oregon, and Judge Han
foFd, oi Washington sitting jointly, Ce-
c40ed tnat ine state q Oregon has not the
rlsAt 20 regulate nshins IN the whole o.
the Columbia river. but only far
the center OF the river, which is the
boundary line between the TWO states.
Herman Mastson vas arrested IN Pa
cific county. Wash. by the sheriff of
Clatsop county Or, for fishing between
the hours OF .. m, Saturday, and
y. m, Sunday. contrary 10 the laws Of
Oregon and hned $50. Mattson applied 10
the United States court for a writ of
habeas corpus. aid the court today grant
ed 1t. The court says:
"The petitioner is imprisoned upon a
conviction in the circuit court of the state
OF Oregon for Clatsop county of fishing
In the Columbia river within The terri
torial limits OF the state OF Washing
ton, in violation OF the laws of Oregon.
This Imprisonment Is under the author
ity of the provisions contained In the
constitution OF Oregon and In he act OF
congress admitting the state INTO the
Union, which provides in effect that the
state of Oregon shall have concurrent
Jurisdiction on the Columbia and all
other rivers and waters bordering on
the state OF Oregon. so far as the same
form q common boundary to said state,
or any other states now or hereafter TO
be formed or bounded by the same. The
territorial boundary of the state on the
north is the middle Of the channel OF The
Columbia river.
.'Rv the constitution of the state Of
Washington and the act OF congress ad-
hitting that state into the thloh'
the south boundary of that state
Is fixed ar the middle OF the
channel Of the Columbia river Neither
for a
OF Jurisdiction concurrently with ore
gon on such river. IL is claimed, among
other things, in behalf of the petitioner'
that the act OF congress admitting WASH
ingfon into the Union. passed subsequent
ly TO the Oregon enabling act. has the
effect 10 repeal so much OF the earlier
act as established concurrent Jnrisoie-
tion upon the Columbia river.
.Orecou has established weekly close
season for the Columbia river, and mas
made fishing in the river during such sea
son a crime, and IL undertakes 10 punish
a citizen OF Washington Tor hshins IN VIC
lation of this restriction In that part OF
the river within his own state. although
hv the laws of such state he is permitted
10 Ash on the day interdtcted by oregon.
II Is no reason for this assumption OK leg
islattye control by Oregon within the
boundaries of Washington that the latter
state has the right 10 iegisiate similarly
with reference TO the river.
washington Is pTecluded by the Iesls-
lafion of Oregon over the river from legis-
hating otherwise. What is thus accorded
TO Washington is not a right, but the ne
cessity of acquiescence 10 avoid conflict
of Jurisdiction.
ss'Tha word concurrent. in It's legal and
generally accepted definition, means act
ing in conjunction. and when applied TO
the jurisdiction of Oregon TO enact penal
laws for the Columbia river 1t can only
mean the power 10 enact such criminal
statutes as are agreed to or acquiesced in
bv the state OF Washington or as are al
ready in force within it's jurisdiction. The
two states own the bed OF the Columbia
river upon their respective SIDES TO the
middle channel, and the citizens of each.
within such boundary. have common
right OF fishing. so long as the navigation
| OF the river is not obstructed.'
Whenever on this Coast or elsewhere
prgra's Raking Powder has been orce