The daily progressive-miner., 1916-06-09

plaintiff company Tn the summer os 1915 but one pile was left In January 1S1& On rebruGzy sth there was is sued to defendant sh trap license No [ ess for trap design atea as Y &P Trap ! No One, claimed lay defendant 10 se on the same site .as the sic claimed oy plaintiff
 Defendant appli a 10 the Chief Of Engineers 0t the JL : War DsTart. gnsns. Seattle. Washington n Feb ruary z4. 1sls for a permit 10 ems traes 8 ash trap il Alaska, claimed 10 ! be on the site in controversy and en- closed 4 receipt rom the Treasurer { of Alaska for Sl88 for she payment of the territorial license abOys mention e4A It Is nor known that the deten- dsnt ever received Sueh , permit from The War Department.
 This action WAS begun b. The filing 0f . complaint in me Clerks ofsce on the slst of January 1918 On the srst day q FenruarT 8 temporary re szraining or5er wAs issued oy the Court, restraining the defendant from
 entering upon. constructing, main taining or eomple ting any work on fish lrap location claim eg plaintiff The summaas aat complaint 51 this action. together win said restraining o-,3er. Nas served on ghe defendant Feeraarg . lsIk There is 10 evl- dence that the defendant ever actaal-
 ly commenced the construction of any fish sraR The testimony shows that shs plaintiff dsd commence the coastrucei0n of it's trap about April :. 1916 and has sane practically eoaa- p.esad
 There 5s no statute defining how ash trap sites shall be located. neizh- = ls .hare any custom concerning shs same alleged or proved. although bo5h parties seem to have proceeded unoa sle t1eoTy thaE the posting and reeor3lns q location notices w2s na- csssarE n g57e them a right 70 5Ae au- czt5oz-
 The location q asa traps iu Alas kan wa.ers : authorized hy the Aet q Congress of June 2. 1s5s Com pied Laws ot Alaska Section zs2 wh5e1 provides th4z no 1sa Trap e- zxe3 fishing appliance shall be con s--uc.s1 within 6as yards lazerally e Mlfhza 189 yards eltwis= o9 any ozher trap CT axad fishing appliance This together with rhe Territorial zc7 and sAa Rtver < HaFeor Act aoo7e mentioned seems 70 recognize The r5ga- 10 o9astruct and maintain sueh zsh s-z7s Neither t1s ta-rl-c-ial license 1o- fAs Nar Dspartlent Fer nil however. assumed 10 coa fer any right -o any particular location upon tAe l5czzsse. or anz property vlgaz- 1at @ fae contrary expressly dis claimed a1y such za-ea1loz-
 1T appears Ehat license WAS issued 5F t1s Territorial Treasurer 10 bosA plaintiff and defendant and il may wal se zha- 8 similar license would have been issned 1o 2 dozen more ap- pllcaat= had theT applied t t rot shown -llat 5he territorial t-eas--ar t r=guir= 70 k=ep 2 record of 4c-Ezl surveys ssimllar 10 the records Eeg1 dE SuzTsgoE-cenezal e s-ase e -s.-.-c-y The description q rEe sire . tzase applications of different persons. as 11 these cases are -To-ie5 differently and lz does nor seem -hat za o1cez issai-g E1a license is ealsd upoz % lake ang steps to ids1-ztF The sfts- CT s=tuse The issuance - any person srea though comparison migks sEow t1e t@0 licenses 10 coTer practically the same site The same is tras C zaa WaE Department per mi-- .5= oaly purpose thereof being to sse that structures are nef erected interfering xl.h zs7igz1iol- Neither t1a Territory nor the Federal Gors-z- ue1z by Issuing tle permits gla@Ean- zees D the recipient aaE property right 90 any particular locazio17 thai the applicant must look after himself
 These --zps being located in public ~ata-s. generally a. . depth ot 79 10 = fec 1aere can bs ao Tazzs1 right ! c titie acquired to any location Tae right is . mere peFa1iss5ve one and nay be reToaed hy the United statas
 resene 5ts possession sns control oreE said site IL is similar fo the paez4sao-z r5ght by those @ho pn.