The Alaska daily empire., 1916-06-06
THREE OPINIONS
 ON EiISH CASES
 RENDERED TODAY

In three opinions read this morn. ing by Judge Robert w. Jennings, one for himself. and two for Judge F. M. Brown. 1t was held that neither permits from the War Department to construct fish traps, nor Territorial license giving permission to operate fish traps. conveyed title to fish trap sites and that under the law no provisions are made for the loca- ton of fish trap sites
 In one case it was contended that the local custom of the fishermen and operating companies of posting notices on the shore would hold a site This was held not to be 80 under the law. and the three decis- ions are unanimous in declaring that actual prior possession can be the only question considered in contro- yersies over the title to trap sites
 Thlnket Case
 The first opinion rendered was in the case of the Thllnket Packing Company vs. the P D. Harris Com pany. in a dispute over the title to a trap site in Ground Hog Bay. Icy Straits. The plaintiff company ap- piled for and obtained temporary injunction against the defendant re- straining 1t from completing their trap, on which they were working.
 The plaintiff company then contin- ued to drive their trap. and coun- ter complaint was filed by the liar rls Company. alleging prior posses sion. and that the trap of the Thin ket Company would cork the~ trap.
 Trap Direction Changed
 In his finding under the evidence, Judge Jennings found that the Thlin- ket Packing Company, since the start of the suit. had changed the direc- ton of the trap and that it did not cork the trap of the Harris Com pany. He also held that the Harris Company was in prior actual pos session of the site and that the per init from the War Department was merely issued to guard against the obstruction of navlgable waters. It was also held that the license issued by the Territory was merely for the purpose of leyying a tax on the &C., tual operation of a trap and that no application for a license need be made until after a trap had been &C., tuany constructed. and that neither the permit or license conveyed title to the site. The injunction is to be dismissed with neither side to re- cover costs, according to the opinion. Both sides are left just where they were at tho beginning of litigation.
 WIII Appeal Case
 The opposing attorneys in this case will file their findings In the matter tomorrow morning and the final decision will then be rendered. Judge John R. Vim. for the plaintiff, stated today that in order to test the law and settle the question, an appeal will be made 10 the Circuit Court.
 Ketchikan Case Decided
 The opinion in the case of the Pure Food Fish Company vs the Anacortes Fish Company. a dispute over the title to a fish trap site on Gravina Island, near Ketchikan, Judge Brown held the same as Judge Jen- nings and the temporary injunction was dismissed. The defendants. who are in actual possession of the prop erty and whose trap is nearly com pleted are entitled to remain.
 The other opinion handed down by Judge Brown was in the case Of the Northwest Fisheries Company vs. Spenser VanZandt. and as the plain tiffs are In actual possession, with a trap nearly completed. they will be allowed to retain possession