The Daily Alaska empire., 1934-01-22
AL ASKA FISHING TAX UP HELD AS CONSTITUTIONAL
Judge Alexander Sustains Demurrer to Injunction
 Against Treasurer
(Continued from Page One)

ilegeS thereunQer, anu Il lile iioii- resident fisherman only sees lit to use his license tewnty-three days out of the year that is his concern and not the fault of the law. The buyers of an automobile license might as well complain that the license law discriminates against him because he uses his automobile only on Sundays or holidays where as other people used their auto mobiles every day, even though both were issued exactly the same kind of license. The material fact in this regard is that the fishing license issued to nonresident cltl- zens is exactly the same license issued to resident citizens and gives to the nonresident citizen the same right to fish, and for the same length of time as a resident fisherman, and the fact that he chooses to use it only for twenty three days, as alleged, is his affair and his alone, and he can not be heard to complain because of his failure to exercise that right.
 Discrimination Justified
 "The right to discriminate in favor of it's own citizens as against non-residents is so well established and so universally practiced as to need no argument or justification here. The only limitation upon such right is that such discrimina- tion shall not be arbitrary or un- reasonable and that, where classi- fled, all persons within the class must be treated alike.
 "It is next contended that the act in question deprives plaintiff of his constitutional rights and his right to the equal protection of the law, and his right as citizen of the United States to fish in the Territorial waters of Alaska.
 ITO this I cannot agree. The plaintiff has no constitutional right to fish in the territorial waters of Alaska and has not been deprived of any constitutional right or Of the equal protection of the law in that regard, but has the same right as all other citizens similarly situ- ated, to exercise that right by paying the license tax imposed by the Territorial Legislature there for.
 Complaint Explained
 "It is further contended that plaintiff will either be required to comply with the aforesaid act or be subject to fines and Imprisonment and assessments as therein provid- ed. and that he (the plaintiff and other fishermen similarly situated will thereby suffer irreparable in jury and be deprived of thelr property and liberty without due process of law, unless the inJunc- tion herein issue as prayed for, that said discrimination is unlaw- ful and unreasonable in that the Territory has no power to tax non resident fishermen, who are cltl- zens of the United States, more than resident fishermen for the privilege of fishing in Alaskan wat CTS: it being alleged that power is expressly reserved in the Con gress by Section 3 of the Organic Act of 1912, and was expressly ex- ercised by the Congress by the en- actment of the White Act (Act of June 6. 1924) authorizing the Sec retarv of Commerce to set apart and reserve fishing areas in any waters of Alaska over which the United States has jurisdiction and within such areas to establish closed seasons during which fish ing may be limited or prohibited as he may prescribe, etc, and that he has no speedy or adequate rem edy at law.
 Tt is probably sufficient to say that I agree with the contentious of the Attorney General that the complaint herein does not staoe facts sufficient to entitle the plain tiff to the relief demanded.
 "In my opinion the act in ques- tion was a valid exercise of the legislative powers conferred upon it by the Organic Act and is not unreasonable or discriminatory; and that plaintiff has speedy and adequate remedy at law, in that believe as contended, that the plaintiff can plead the illegality of the act in defense to any crim- inal prosecution brought under said act, or can pay the tax under protest and then recover the same by a proper action at law if the law is declared illegal.
 "The right to tax is inherent,