The Alaska daily empire., 1915-12-28
.REDFELD OPPOSES
 TERRITORIAL TAX
 ON THE FISHERIES

Secretary of Commerce William C.. Redfleld opposes tho exercise of au. thority over Alaskan fisheries by try by the Territorial Legislature, islature, and suggests that an of it should be vested in Congress. In specific terms, he objects to the ex. ercsse of taxing power on the Indus. try by the Territorial Legislature, which he intimates, is the only nu- thority the territory has, and urges Congress to deprive tho Territory Of that authority In his annual report commenting upon this phase of the Alaskan fisheries question: Che Sec retary of Commerce say8:
 "On April %, 1915. tho legislature of Alasln passed an net imposing ad- ditonal license fees on certain kinds of business, including fisheries, salt cries. fish traps and gill nets. It at once became apparent that if the Leg. islature of Alaska exercises this pow CT the result Is double taxation on persons engaged in such kinds of bus mess. and further a dual control would exist between the department of commerce and the legislature Of Alaska over at least @ branch of such kinds of business. The latter condi- ton is the one that primarily con cens the department of commerce. Tho control of the fisheries of Alas lsa is by law placed in that depart mont, which is responsible not only for their preservation but also for their growth and development. Clear ly. if tho Territory of Alaska has O joint control over the whole or any portion of such fisheries. the plans of the depar1aent of commerce for their growth and development may meet with serious interference and the re- suit may be most harmful to the in- dustry #, for example, the Legisla- ture of Alaska may impose license fees and taxes to on extent that might seriously impair the industry by mak- Ing it unprofitable. the department of commerce. charged with the responsi. bility of caring for this industry would be practically helploss
 Not even the responsibility of such a situation. much less the situation itself should be allowed to exist. As long os congress oees 1t to continue Che control of the Alaskn fisheries in lhe department of commerce. that con. irol should loo exclusive. It is re- spectively suggested that Congress should either repeal the proylso con- ialned in section 8 Of the act oi Au. gust 2l, 1912, which authorizes the Legislature of Alaska to impose other and additional taxes or licenses. or SO amend it as to exclude fisheries and kindred occupations In Alaska from ils operation
 Congress Would Fix Fees.
 "This would leave tho law as it stood before the passage of the act of August 24, 1912 and on license fees and taxes for carrying on the Fisheries and kindred occupations in Alaska would then be fixed by congress.
 '1t may be urged chat section 20 of tho net of August 24, 1912, meets the situation. It reads thus:
 "'Ali laws passed by the legislature of the territory of Alaska shall be sub mitted to the congress by the presi dent of the United States. and. if dls approved by congress. they shall Dc null md of no effect
 "rhis provision, however, does not meet the case. for unless by its terms congress actually dicapproves of the acts of tho Aiaska Legislature they arc law. Applying it to the case un der consideration, it would mean that congress would have to disapprovl each and evory license tax or law that continue Go have the force and effect might Do passed by the legislature ol Alaska on tho fisheries in that ter riiory
 "There should be no doubt on thi. important matter, which is respectful ly commended Co the attention Of con gres0. The difficulty appears to aris, from the possibly double iuterpreta tion of the provisions Of section 8 o tho act of August 2i, 1912 (a7 Stat i512l which establishes the territory o0 Alaska.