Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-01
TEST OF FISHING LAW
CONTENTION OF ALEXANDRIA
COUNTY RESIDENTS.

Is a man who, standing on the Virginia
shore of the Potomac, opposite the Dis
trict of Columbia, dips fish with a net or
seine from the river, punishable under the
fish law of the District of Columbia?
That Is the question which is soon to
be tested by interested fishermen of Alex
andria county, Va. for which the pre-
limnary steps were taken in the Police
Court this morning. A charge of violating
the fish law of the District of Columbia
will be filed next week in the Police Court
against Joseph Evans, a constable of Alex
andria county, and the defendant will sur
render himself and give bond for his further
appearance when required. The case will
be taken to the highest court in the coun-
try, 1t is declared, if necessary.
For several years, it is stated, the United
States has been prosecuting persons who
hshed with dip nets or seines in the waters
of Columbia although the defendants
stood on the Virginia bank of the river
while engaged in fishing. The courts have
held that the boundary of the District of
Columbia was defined as extending to the
high-water mark on the Virginia shore and
that, therefore, the men standing on the
river bank, with the river at normal level.
We're within the limits of the District and
therefore guilty under the laws of the Dis
trict.
Regarded as Hardship.
The people of Alexandria county, how
ever, have regarded this as a great hard
ship on Them that county extends for
ten miles along the Potomac river, opposite
the District. Believing that under these
circumstances they are not liable under
the District laws, interested persons in
Alexandria county have hired Attorneys
Crandal Mackey, r. Walton Moore and
Douglas Mackell to make test case and
% N oh %
preme Court of the United States.
Attorney Mackey stated yesterday that
the counsel and the clients in the case feel
confident that the law will not stand, 80
far as the Virginia fishermen concerned.
II is argued on their part that the act or
retrocession in 1916 gave to Virginia all the
fishing rights in the Potomac river waters
which she had by the treaty with Maryland
before Alexandria county was given to the
United States in 1889. Under that treaty
with Maryland it is stated. the people OF
Virginia had right to fish in the river, ana
it is thought if those rights were returned
to Alexandria county by the act of retro
cesson they cannot be curtailed or taken
away by laws enacted for the District of
Columbia.
Selected as a Test Case.
When it was decided to test the case it
was found that there was warrant IN the
District for the arrest of Joseph f. ans. the
Alexandria county consta BILE for fishing
with a dip net in the Potomac river. The
local police officers admitted that Evans
was standing on the Virginia, bank when
fishing. That case suited ,he purposes for
which the attorneys were contendng. and 1t
was decided to make it the test case. The
defense will practically admit, 1t is stated
by counsel for the defense, that the de-
PENDANT was fishing with the dip net from
the Virginia bank, but the law itself will
be attacked to release the defendant.
The trial of the case in the Police Court
will be continued until the return of Prose-
cutting Attorney Ralph Given, who is now at
Atlantic City for two weeks. The case will
be taken I'D about the middle of June and
should Judge Mullowny decide against the
defense in their contention, it is stated the
attorneys will appeal.