The Salmon-Trap Border War

Deputy Fish Commissioner McGuire was preparing to go to Astoria tomorrow to enforce the Sunday fishing law on the lower Columbia—and if he did, he stood a chance of being arrested by the Washington authorities for kidnaping.

The question of concurrent jurisdiction on the Columbia River was first brought into prominence a year ago, when Judge McBride, sitting in the circuit court, during the trial of a fish-trap case, held that the Oregon courts had jurisdiction over the entire navigable river up to the low-water mark on the Washington side. As all the traps are below low-water mark, this practically gives the Oregon fish protector authority to enforce the Oregon fish laws over all the fishing apparatus in the Columbia River.

Last week, in instructing the Clatsop County grand jury, Judge McBride referred to his former decision and told the jury to indict every man fishing on the Columbia River during the Sunday close season anywhere in the river up to low-water mark on the Washington shore.

Last Sunday, in attempting to carry out the instructions of the court, Mr. McGuire and Sheriff Hare, of Clatsop County, arrested U. Molson and Charlie Walker on the Washington shore while in the act of taking fish from traps, and the men are now in the Astoria jail awaiting trial. It is rumored that Mr. McGuire and Sheriff Hare have been indicted by the grand jury of Pacific County, Wash., on a charge of kidnaping, and will be arrested if they dare set foot upon Washington soil.

Speaking of the matter today, Mr. McGuire said: “I am an executive officer, and I am obliged to enforce the fish laws of the state. The courts have interpreted the laws, and I am acting under the instructions of the attorney general of this state. It is my sworn duty to enforce the law, and I propose to do it, despite any threats on the part of the Washington authorities to arrest me for kidnaping, or to call out the militia to defend the trapmen.”

The developments of the next few days on the lower Columbia will be watched with interest, for it is not likely that the fishermen of the Washington shore will give up easily after securing by a hard fight in the legislature a Sunday open season.