The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-30
SEATTLE, TUESDAY. july 80.
coScurRREST JURISDICTION.

The claim that the state Of Oregon has
a right TO enforce the local police regu-
Iations over that portion of the Columbia
river lying within the state OF Washing
ton has been fully exploded by the Fed
eral courts and the Washington citizens
arrested by the Oregon officers have been
finally discharged. Thus part OF the con-
troversy has been determined.
The contention OF the Oregon authori-
ties In the existing state of the law. was
not only untenable in itself. but 1t was
one that had In it the germs OF an almost
snterminabie amount OF disputes between
the citizens of the two states. and II is
certainly we'll that the courts have pro-
nounced against It.
II the contention OF the Oregon authorl-
ties had been correct both states could
have put in force all their laws. conflict
ing and otherwise. over the entire river
SO far as IL constitutes boundary be-
tween the states. The saloonkeeper, for
example, who had a wharf below the line
of ordinary high water mark on either
bank OF the river, would have been COM
authorities of both states. or been sub
ject 10 arrest and imprisonment Citizens
OF either state might have been arrested
within the borders OF their own state for
violating police regulations OF the other,
while In the performance of acts which
by the laws Of their own state were per
fectiy lawful. An interminable snarl
would have resulted.
IL does not follow. however, that there
can be no such thing as the exercise OF
concurrent jurisdiction by the two states
over the waters OF the Columbia, and IL
Is certain that In a proper way and for
certain purposes such concurrent turis-
diction would be an eminently proper
thing. Particularly would this be true of
the regulation of the salmon fishery. the
very point over which this controversy
arose
This concurrent jurisdiction can. how
ever. only be had I'm pursuance of an ar
rangement. compact or treaty, let IS
say. between the authorities OF the two
states. and legislation based on identically
the same lines by the lawmakiug powers
OF the two states II may be interesting
20 note here that the Washington legls-
lature has heretofore made oyerturos 10
the Oregon legislature with a view TO
having the legislation OF both states On
the subject of the fisheries regulations
brought into exact harmony. hut the Ore
SON legislature declined TO take any
action TN the matter
The a otemao river forms one boundary
between Maryland and Virginia. The
fisheries OF tho Potomac are extensive and
valuable. For many years precisely the
same difficulty as now exists on the Co.
iumhia existed GA tho Potomac, The laws
Of tho two states regulating fisheries dlf-
fered, and each state being absolutely
supreme within SIS own borders, IL Was
an easy matter for fishermen 10 evade ar
rest for violating the law OF either state
by simply crossing the imaginary bound
srv line .n the center OF the channel. ana
the law officers were powerless 10 follow
them
Il tho fisheries there were to he PRE-
served aRa regulated. concurrent action
became necessary. and & WAS had By
compact entered into between tho ~ Il
states made IN performance OF legislation
directed 10 THAT end and ratified by sub
seapor, legislation.
Where experience has shown the neces-
sity az rsvtsing and amending The laws.
tie COMPACT has heen revised. and TIE
legislation necessary agreed to IN adj
vance. and the states have kent fatts
with each ether. There have teen several
times within ConuarStivoly recent re~i.
oas when the governors or Maryland ana
Virginia have met at Washington CIV for
she purpose ~ ef1ectlGg amcnamcu.s IN
tie original compact. TO Re followed. or
course ty the necessary legislative action.
This, Sc would seem 20 us. affords good
sra fair precedent 50 fellow in tho rrst-
ter OF regulating the fisheries Il the Co
iumoia. The two states have a common
interest In the preservation of the salmon
fisheries They sre exactly ~ tire same
Importance 20 eas state "a 10 tAs ether,