The Wrangell sentinel., 1940-07-12
BLAMED IN
 FISHTRAP SUIT FILED, JUNEAU

JUNEAU. July 12-Federal Judge George P. Alexander this week de nied an injunction sought by the Cape Decision Fish Company against the Director of the Fish and Wild life Service and its agents in con nection with the closing of 16 fish traps in Alaska. The court said the application filed by Attorney J. A. Hellenthal on behalf of the owners. William c. Brown and Martin Kil- dall, raised questions so numerous and important that the Department of Interior should be permitted to look into the matter carefully and prepare a court presentation. He set the hearing over for 30 days The fishing season opens July 20 and closes August 23 which result that the traps probably will not operate this season.
 The action follows the filing of suit charging that 16 of % AL aska fishtrap sites closed by the 1940 fisheries regulations were clos ed "beeause of alleged Irregularities in the procurement of opening of the sites by former Commissioner Frank Bell and not for true conversation purposes"
 Named as defendants are Ira Ga brielson. as Director of the Fish and Wildlife Service. Clarence Olson, Acting Alaska Agent for the Fish and Wildlife Service; and all the agents. employees and representa- tiyes of the Fish and Wildlife Ser vice in Alaska.
 Two Trapsites Involved
 The plaintiff brings the suit with reference to the closing of two trap sites operated by the firm in the 1898 and 1889 seasons. The traps are known as MIX. Trap No. 1 and MIX. Trap No. 9 both near Cape Decision on Kuiu Island in Sumner Strait. 8s|
 The trapsites, originally closed in 1890 by then Commissioner of Fish cries Henry O Malley were reopenedI by Bell in 193S under a verbal agreement between O'Malley andI Charles A. Burkhardt, President of Alaska Pacific Fisheries. the suitI sets forth. The alleged agreement, made at the time of the sites clos ing in 1930, was that the sites were to be reopened as soon as their op- eration should prove profitable, the complaint states
 The complaint sets forth:
 "Wrongfully Charged"
 That in January of the year, 1889 Frank T. Bell resigned as United States Commissioner of Fisheries, and Charles Jakcson, who had pre- viously acted as Deputy Commission CT, was appointed Acting Commis- sioner in his stead That following the resignation of the said Bell there were those who wrongfully charged said Bell with irregularities and misconduct in office; and the plaintiff is informed and believes, and therefore alleges the fact to- be, that Carl Hubbs was appointed byI the Secretary of the Interior toI whom the Fisheries had been trans ferred from the Commerce Depart ment to make an investigation into the activities of the said Bell with a view of determining whether there had been any irregularities or mis- conduct in the office.
 Gathered Gossip"
 That the said Hubbs thereupon proceeded to Alaska and without commencing any judicial inquiry, proceeded to interview divers per- sons and to gather up such gossip as he was able to gather, all from persons not under oath, and in some instances, as the plaintiff is inform ed and believes from persons having an interest in the matters to which the gossip related. That thereupon the said Hubbs made report to the Secretary of the Interior.
 "The plaintiff has never had ac- cess to said report, but is informed and believes and therefore alleges the fact to be, that in said report the said Hubbs charged the said Bell with irregularities and miscon- duct in connection with the opening to fishing of the areas above refer . red to as occupied by the plaintiffs traps.
 That thereupon and thereafter and upon the basis of said report and for the sole purpose of correcting irreg- ularities supposed to have been in-