Daily capital journal. (Salem, Oregon) 1903-1919, 1905-01-30


interests Of the shore feheries the
stream fisheries and the wheel fisheries,
buf for the ordinary citizen there are
n few historical facts that should be
considered before forming opinions as
20 the right or wrong Of any proposed
Legislation.
First. Prior 70 the tide land act Of
1879 the owners Of the frontage con
troiied the water and the fishing privi.
lcge in front Of their lands on the
streams Of this state. The fishing priv
Siege at common law went with the
riparian right TO the full sweep OF a
rcine and traps from the shore and
Che right Of building and maintaining
wharvcs The United States govern
msnt granted permits 70 the same ef-
feet subsequent to this act.
The effect Of this law went into
operation different on the Columbia
river from al the other rivers in the
state. Tho Columbia was so large
chat tho riparian owner could sweep
but small part Of the stream, and
hence sprang into use the drift net
that swept the whole channel. The
principle Of the riparian owner con
TROLLING the stream has applied TO all
othr rivers in the state except the tidal
part Of some Of the rivers emptying
into the Pacific. On some Of these
streams the drift net has gone into use
Aad on Others seining from the shore
has been the constant practice. The
eoe1histent use Of the drift net and Of
shore fishing are not practical except
ON The Columbia. Gill drift not fish
ing on parts Of the Coquille, Goose, va
quina and Umpqua has become estab-
Iished But il must never be over
loohed that, broadly speaking, the
right Of gill drift net fishing is iueom.
patibie with riparian or fishing rights
ON any stream in the state except the
Columbia. The two methods stream
sishing and shore dshing--cannot exist
together without violation OF riparian
rights
Third. The state law Of 1872 for
selling the tide lands ON the water
fronts Of Oregon gave the owners OF
che uplands a year In which to buy
the last vesiige Of right the state had
60 shore fisheries. The owner Of up
lands already had the right Of fishing.
bic already controlled the use o. the
stream for the purpose OF catching |
iish to the middle Of the channel, or
ns far as the sweep Of his seine The
act Of 1879 gave him absolute title TO !
tho fsh Ia the stream subject 20 the I
police regulation MS TO the time of
catching fish. This act Of the state /
did not affect the channel fishing inter
csis on the Columbia The question
naturally follows Could the state
sell tho tide lands and water front 90
the citizen of the state aud then deny |,
him the right to use that frontage FOR
fshlng purposes, subject ouly 10 such
sogulaiion a. the state has right tot
provided Can the state sell citizen
something for definite purpose and
then deny him tho use of what be has ,
bought n the state legislature owes
the citizen anything. u is that it Dc.
fines the rights Of such owners now,
once aud forever, instead ~ tampcring 4
with his rights Declare whether the 4
state can soll aud rctain can give title ,
ard rob Of title at the same time and /
~ act Of che Legislature. There Is but !
one course 90 pursue II the state would /
DC honest with its eitiEeus
Tho hill that has passed the senate .
and other bills contain ,hc recognition
Of the established principle that the .
state has conveyed title 10 fishing 7
rights aud cannot recall them without I
violation ot its contracts n ,g nm
acriakos 90 do 50 il viii Dc defeated .
Ia tho courts A great deal ~ the At
tempted fisheries legislation Is merely I
an effort 90 defeat rights given by the
riatv o. lee s,tilonN which Va now duds
ave established and eauuot bo ahro,
gated ia the courts 20 accomplish by .
legislntiou what cannot be done by lit
igalien- taking SWAY property without
sue roarse of laW sud full componsa-
tion Instead of tho seuate b,l at
tempting % confirm the riparian rights .
~ fen uwucrs on tbo Columbia river,
d shoald have enun,iatcl the general ,
principle that AN such owners are pro.
tec,ed oa su streams 90 Ihe state ia
an she rights that tho state has gi,ea 7
thUm, Regauso a few men have assert
"a the fall rlght tse state has given
ihem and pol alsnt oa thylF rights .
the rights of an property ffoatiug GA .
. salmoa beariag strcam should he
plainly declared ana faily established f
That would 90 mofe o. prevent ex,or
~ esArgies than any other aei \