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THE DAILY ALASKA EMPIRE “ALL THE NEWS ALL THE TIME” VOL. LXXIIL, NO. 11,314 |Fish Trap TaxVo Splif Season in Halibut Fishing Opposed Here Hearing Spfii?éd at Satur- day Meeting—-Propos- als by Commission OVER 1800 CARS CHECKED, SAFETY DRIVE CAMPAIGN Summary of the traffic check in recent safety drive by Highway Patrol and Juneau City Police is as follows: 1847 cars were checked between September 15 and October 1. In this number there were: 376 violation tickets issued: 251 of the above tickets were re- turned showing that drivers had complied with all safety require- ments; there are still 125 tickets to be returned as soon as repairs| are completed: 604 of the above total did not have their driver’s license on their person or in their car; 258 of the 604 had no driver’s license what- soever. 225 cars had no stop lights. 111 had no tail lights. 76 cars had faulty head lights. 133 with faulty foot trakes and emergency brakes. 37 cars had no horns, 62 cars had defective mufflers. 27 cars with faulty front wheel suspension. 28 cars with 1 license plate only. 11 cars with no license plates whatsoever. 18 cars without windshield wipers. 31 cars with foreign license plates to be renewed. There are approximately 200 cars in this vicinity that failed to take advantage of this checkup. Be- ginning tomorrow tickets will be issued to the owners of these cars. The Chief of the Highway Patrol, his staff, and the Juneau City Police wish to thank the public for their cooperation in this drive, as well as the Daily Alaska Empire and station KINY. THROAT SLASHED; WOMAN DIES; MAN CAUGHT BY POSSE ANCHORAGE, Alaska, Oct. 3.— (#—John Chebetnoy, 88, Seward, was held by a U. S. Marshal today in connection with the slaying of Mrs. Alice Peterson, 22, Girdwood. + Chebetnoy was apprehended yes- terday after an all-night search by a posse of townspeople and Alaska railroad section hands. He was cornered in brushland north of Girdwood, 43 miles southeast of here. Mrs. Peterson was found near Girwood late yesterday. Her throat had been slashed. A 10th Rescue Squadron plane with medical aid was rushed from Elmendorf Field but could not land at the scene. The victim died before other medical assistance could reach her. U. S. Commissioner Rose Walsh left Anchorage for Girdwood to con- duct an inquest. STEAMER MOVEMENTS Baranof from Seattle' due to- morrow afternoon. Aleutian from the west in port at 2 o'clock this afternoon enroute south. Princess Louise scheduled to ar- rive at 6 a.m. Wednesday and sails south one hour later at 7 am. The Washington Merry - Go-Round By DREW PEARSON ICopyrignt, 1949, by Bell Syndicate, Inc.) ASHINGTON The famed General George S. Patton probably turned over in his grave when Pres- ident Truman announced that, Rus- sia had the secret of the atom. For Patton was one man who came near preventing, or at least retard- ing, Russian development of the atom. In the first week of May, 1945, Patton’s 3rd Army crossed the Czechoslovak border and entered the 'city of Pilsen, headquarters of the vast Skoda munition works. Patton had romped nto Czechoslo- vakia before the Red army had time to move its ponderous forces, just as U. S. troops advanced to the suburbs of Berlin, only to be ordered out by General Eisen- hower. ‘When this columnist reported the peremptory withdrawal of U. S. troops from Potsdam at Russia’s request, it was officially and cate- gorically denied. However, General Patton’s diary, now published. toe —_— e (Continued on Page Four) Violent opposition to the proposed “split” season for fishing halibut was voiced Saturday afternoon by everyone attending the final hear- ing held by the International Fish- eries Commission. The four-man commission had previously held five hearings down the coast, during which the 10-day fishing and 20-day layup proposal found favor in Seattle, Vancouver and Prince Rupert, but ran into | opposition in Ketchikan and Peters- burg. The proposal was brought, up in the annual January confer- ence in an attempt to lengthen the season to catch late fish in Areas 2 and 3 not now being caught be- cause the limit is reached in early June. The commission wants 4,500,- 000 more pounds caught off South- east Alaska and Hecate Strait. Larry Fitzpatrick, representing Juneau vessel owners, proposed a return to the voluntary curtail- ment style of fishing, in vogue until the war. {irst ONE PROPOSAL This method made each Loat tie up some 10 days after each trip, and allowed so many pounds per man. He proposed allowing 4,000 pounds in Area 2 and 5,000 in Area 3. This would allew trips to be shorter, the catch in better con- dition, and would put more fish on the fresh fish market, leaving less for cold storage pupposes, thus putting the price up in toth cate- gories, Staggered departures would bé in force under this plan, spread- ing the season some four and one half months. The commission has power only to open and close the season, and cannot now limit the catch per boat or control the times it leaves. A proposal to giwe it such powers lies in a six-point change in the inter- national treaty proposed by the commission’s advisors. Gov. Ernest Gruening presenied a statement through Burke Riley, an aide, in which he said he was against a split season because it would work hardsmps on South- east Alaska. “Conservation is not an end in itself,” the statement read in part, “and although the commission’s powers do not carry over into the economic stages, this would change the fleets economy greatly.” EXTREME MEASURES He asked why the commission | should introduce extreme measures now, inasmuch as for 18 years it has been successful, He said the body would suffer if it mtroduced a split season. C. L. Anderson, fisheries head, pointed out a split season would drive residents away from the Ter- ritory. “The salmon season does that now,” he said, “and people living here tend to accuse the commission of setting up these types of laws to keep residents out of Alaska. The Territory, of course, has nothing to say about the matter, unless we were a state.” He proposed a 17 day layup or leave matters as they are until cur- tailment powers are granted the commission, or secondly, to divide Area 2°in two parts, or set up more areas or subdivide, with open- ings in each staggered. This posed the problem of policing and ad- ministration, an almost impossible task. Commission, members said the catch is down 50 percent in Hecate Strait from 1931 to 1935, with mostly chickens, small fish, caught there now. BUYERS' OPPOSITION Wallis George and Elton Eng- strom, buyers, toth opposed the split season because of the labor problem and its tendency to drive all boats to Seattle, “It would close us up,” Engstrom said. Henry Roden, cold storage man, said that while the commission’s powers only had to do with conser- vation, the question is largely one of economics. “That’s why this* room is full,” (Cuntinued_on Page T\;w) . JUNEAU, ALASKA, MONDAY, OCTOBER 3, 1949 CANDIDATES IN CITY ELECTION EXPRESS VIEWS The Juneau Provisional League of Women Voters last week sent questionnaires to the several candi- dates for City Council, and to Mayor Waino Hendrickson, candi- date for rel-election, asking their sentiments regarding several mea- sures which the League believes would be of great benefit to the city. Briefly, lollows: (1) Are you in favor of and will you work for the city contributing to the salary of the child welfare worker for Juneau? Present worker assigned to Juneau can continue only until Jan. 1 unless the city participates actively in the project. Will you work for (2) detention quarters separate from the city jail for temporary care of children in need of emergency refuge? (3) for adequate facilities and greater privacy for care of women prisoners in the city jail; and (4) for an addition to the police force or some arrangement whereby emergency calls for the police can be answered immediately? Questionnaires with answers marked in the affirmative were received from all but two candi- dates, with candidate Vernon Met- calfe giving his approval over KINY { because he felt he did not have sufficient time to mail his answer. At the present writing, no answer had yet been received from Arthur H. Walther. Candidates Cash Cole and A. S. Glover qualified their reply to ques- tion number one by stating it “de- pends on city’s finances.” They wrote an unqualified “yes’ in reply to the three other questions. Bert McDowell wrote a personal letter in which “he stated "I ap- prove of these measures and fif elected will support them insofar as city finances permit.” A signed letter from Alfred Zen- ger states, “As you know the Ameri- can Legion and its Auxiliary have |always been very active in Child Welfare work, and being a member of the Legion* I am heartily in favor of all the four questions that you requested to be answered in your letter of Sept. 29.” Mayor Hendrickson replied in the affirmative, giving additional notes on contemplated projects on whicl tentative plans have already ieen made, when city finances permit. He added a suggestion that the League of Women Voters poll the taxpayers, cr their membership and all others in the city as to their willingness to assume additional taxes for the additional services requested by the city by various .crgnnlutlons. TENSION MOUNTS IN YUOGSLAVIA IN TITO FIGHT (By Associated Press) Tension was reported mounting the questions were as Ilnslde Yugoslavia as a result of Premier Marshal Tito’s fight with the Moscow-directed Cominform (Communist International Informa- tion Bureau). Rumania became the latest Com- munist country of Eastern Europe to scrap her friendship treaty with Yugoslavia. Poland, Bulgaria and Hungary already had followed the lead of Russia in denouncing their alliances with Tito's government. There were unconfirmed reports in Belgrade that Tito was shifting his troops from Western Yugoslavia to the Eastern borders facing Hun- gary and Rumania. There appears to be Lo fear in Belgrade, however, that actual war is imminent. Meanwhile, a new effort to end the conflict between Greece and her Communist northern neighbors gets underway in the United Na- tions. A four-member Balkan concili- ation committee has approved a plan calling for invitations to Al- bania and Bulgaria to send special representatives to appear before the conciliation group. A Roman Catholic priest in Czechoslovakia cancelled his ser- mon yesterday when four badge- wearing Communist “observers” en- tered his church in the Sprilov district. Church authorities asserted the visit ty Communist observers was part of the government’s cam- paign to keep priests under scrutiny for possible anti-state preachings, VOTERS T0 CHOOSE CITY OFFICIALS AT POLLS TOMORROW. Voters will go to the polls to= morrow to vote in the first general municipal election since April, 1948. Pdlls will open at 8 am. at the three precinct headquarters in the city, and voters will choose three city councilmen. Candidates for the posts of mayor and city magis- trate run unopposed. A member of the Juneau Indes} also be pen School District will chosen by the voters tomorrow. Separate ballots and ballot boxes for the School Distr*ct election will be at the polling places in the city, as well as at the home of Mrs. Stanley Jekill at Auk Bay. Only one complete ticket has idled for the municipal election to=- morrow. It 1s the “The Peoples’ Ticket” headed by incumbent Mayor Waino Hendrickson, sole candidate fer Mayor. On the ticket with him are Arthur H. Walther and B, F. McDowell, grocers, and Al- fred Zenger, Sr., Empire business manager. Mayor Hendrickson has served through three one-year terms as Mayor. His coming term will be for two years. City council members and city magistrate are elected for one-year terms. The school board member Is elected to serve a five-year term. Vernon M. Metcalfe, who is in the sheet metal business, is an in- dependent candidate for city coun- cil, as also are A. S. Glover and Cash Cole. Glover operates the Spruce Delicatessen; Cole is a Ju- neau business man. William L. Paul, Jr., Juneau at- torney, runs unopposed for the post. of city magistrate. Precinct headquefrters for the clection will be: Precinct One— Council Chambers in the City Hall; Precinct Two— George Brothers Store on Franklin Street; and Pre- :inct Three—Office of the Juneau Dairies. Polling places will open at 8 am,, ind remain open until 7 p. m. Three presons have filed as can- didates for the school board post. Mrs. Daniel D. Livie of Thane, present member of the board, has made her bid for re-election. Also in the running is. Willlam R. Nor- ton of Auk Bay and Robert Thibo- deau of Juneau. HUNTERS REPORT FAIR SHOOTING IN 'WEEKEND OPENER The Migratory Waterfowl season | spened in Southeast Alaska Satur-! ddy noon, and reports received so ‘ar indicate that hunting is fair. Most of the birds taken so far have been widgeons and teal, with a sprinkling of mallards thrown in. Hunters, were out in considerable numbers for the opening. Several cases of hunters shooting before noon Saturday are set to be tried in the US, here. Interest wamed yesterday. But hunters with patience enough to spend time sitting in the weeds with the rain in their faces were rewarded. One Juneau hunter reported shooting the limit of five ducks in one hour yesterday morning. Migratory waterfowl season will remain open until Novemkter 19. Legal hunting hours are from one- half hour before sunrise until one hour’ before sunset. Bag limit is five ducks per day and ten in possession; six geese per day ‘@end in possession; fifteen coot per day and in possession; 25 sora per day and in pessession; 15 other | species of rails and gallinules per day and in possession, Bag limit of geese must not in- clude more than two Canadian | geese or brant. STOCK QUOTATIONS NEW YORK, Oct. 3. —(®—Clos- ing quotation of Alaska Juneau| mine stock today is 3%, American Can 96, Anaconda 28%, Curtiss- Wright 7%, International Harvest- er 27, Kennecott 47, Central 10%, U. S. Steel 23%, Pound $2.80% Sales today were 760,000 shares. Averages today are as follows: industrials 182.67, rails 47.94, util- ities 37.71. FROM TAKU LODGE Royal O'Reilly of Taku Lodge is at the Baranof Hotel, Commissioner’s Court | New York: Northern Pacific 13%, JUSTICE DOUGLAS INJURED Supreme Court Member| Suffers Broken Ribs— Horse Falls on Him YAKIMA, Wash., Oct. 2—®— Justice William O. Douglas, one of the leading literals of the U.S. Supreme Court was injured gravely yesterday in the Cascade mountains he loved as a boy. He suffered 13 rib fractures and a punctured lung when his frightened horse fell and ‘rolled on him. " His chances of full recovery, how- ever, appeared excellent today. Doc- tors attending him at a Yakima hospital said his cohdition was not | critical. The stamina gained from an active, outdoor life away from QDis judicial duties stood him in good stead. Doctors said the Justice rested well throughout the night and got gome sleep despite the obvious pain of his injuries. The 50-year old jurist responded well to blood transfusions and emergency treatment given on his arrival from the accident scene, 77 miles away. But for-several days, his doctors said the danger of pneumonia will be acute. Mrs. Douglas, who was in the east, and their daughter, Mildred, a student at her father's alma mater, Whitman college at Walla ‘Walla, Wash., were on their way to be by his side. las, menuwned frequently as a~ poasible Demoeratic Presidential candidate in 1952, was hurt on the eve of the Supreme Court's new term and two weeks to the day irom his 51st birthday. He had flown here from Seattle for a brief visit in thi$ city where hé spent his boyhood and helped work his way through grade and high school as a newspaper carrier. He had planned to return to Wash- ington, D.C., last night by plane. HURRICANE MOVING ON TEXAS COAST CCRPUS CHRISTI, Tex.,, Oct. 3—M—A 100-mile-an-hour hurri- | cane moved slowly toward the in- | dustrial-studded Texas gulf coast | today. All along the crescent-shaped | -oastline from Corpus Christi to Galveston, about 250 fniles, prepa- rations were made for a big blow .ate today. i Tides already were running high and torrential rains drenched the whole area. Nearly four inches of rain had fallen at Galveston. Corpus Christi, site of the big naval air training center, ordered schools clesed. Thirty-five four- | engine bombers took off in a rain squall for a safe haven at Good- fellow Field at San Angelo,’in west Texas. HURRICANE SHIFTS CORPUS CHRISTI, Tex., Oct. 3 —IM—A shift in direction of a 100- mile-an-hour hurricane eased ten- sion here today but caused new warnings to be posted for the upper Gulf Coast from Galveston to Lake Charles, La. Previously, the 250-mile section of | the Texas coast from Corpus Christi to .Galveston was warned by the U.S. Weather Bureau to prepare for winds tonight up to 100 miles | an_hour. The bureau in a 11:30 am. (PST) advisory located the whirling storm 120 miles east of Brownsville, mov- ing 15 to 18 miles per hour. FURNACE ROOM FIRE The Juneau Fire Department was called at 9 o'clock this morning to put out a fire in the furnace |room of the Alaska Hotel. 4 Firemen said oil had been leak- ing out of the furnace and caught damage was slight. FROM PETERSBURG Arne Lund of Pétersburg Is iguest at the Baranof Hotel a fire in front of the furnace. They,r Mines Experimental MEMUFR ASSOCIATED PRESS WARNE HERE; TELLS PLANS FOR ALASKA Reg ional—iz—ed Adminis- tration and Four-Point Program s Cited Alaska’s development is gaining momentum, Assistant Secretary of the Interior Willlam Warne said teday in Juneau, He gave much credit for this to the “regionalizing of administra- tion” which has been the policy of the Department of the Interior in recent years. His hopes for Alaska's future are pinned to the present four- point development program by the Department of the Interior. Warne arrived in Juneau yes- terday after explaining to the peo- ple of Fairbanks the work done by the Alaska Field Committee of the Interior Department at the recent mecting in Mount McKinley Na- tional Park. Today he pointed out that re- 7ional offices of the Fish and Wild- life Service, the Bureau of Recla- mation and the Bureau of Mines have shown and will show the in- creased efficiency to be derived from bringing administration to the region being administered. Progress Exampie As an example of progress through the rvegionalizing of ad- ministration, he pointed specifi- cally to the operation of the Re- gional Land Office in Anchorage. This office handles 75 per cent of the land matters which under former Interior Depaftment admin- istration had to be taken care of through Washington, D. C., with much delay, he said. Under the first point of the four- point program formulated by the (ntericr Department—Statehocd for Alaska—further regionalization of administration would come about. The second point—the Project Settlement Bill, introduced in Con- 3ress two weeks ago—would permit settlers to make a living the first year on the land through land pre- paration by the Federal govern- ment. ‘Warne pointed out that under the present land laws for Alaska, 12,500 acres have been cleared dur- ng the past 50 years. Settlers in the next 100 years would probably not do as well, given no better break, he said. Corporation Plans The Alaska Development Cor- coration Bill, which the Depart- ment of the Interior is preparing to propose for legislation, is the third point on the program. This corporation would finance ndustrial development in the Terri- tery—provide risk capital to private individuals or corporations or take the initiative in building industrial rlants where the need is apparent. [ndustrial plants built by the cor- poration weculd, under this plan, be disposed of to private concerns when their worth had been proven. The final point in the four-point program is the settlement of native claims. This long-time thorn in the Territory’s side would be settled by negotiation between Interior De- partment and individual native villages or through court action. If settlement is reached through negotiation, then the agreements will be submitted to Congress for approval. If not, settlement would bhe made through action in appro- priate courts, he said. ‘Warne, who made yearly trips to the Territory since 1946, said he has noticed more indications of progress this year than on any of his previous trips. WARNE AT CLUB MEETING At a joint meeting of the Lions Club and the Juneau Business and Professional Women's Club in the Baranof Hotel this noon, Warne added to his statement of the four- point pregram the promise that while carrying out the new pro- gram the Department of the In- terior would not de-emphasize those things being done under ‘the present program. He said that road improvement and construction under the region- alized Alakka Road Commission would continue at its present in- creased rate, and that the Bureau Station would be considered as important as it has been. He referred to the potential tour- (Continued on Page Three) LABOR ROUNDUP, MINERS, STEEL, ALSO SHIPPING AFL Convefian Starts in St. Paul - Shorter Day, Work Week Suggested (By the Associated Press) One hundred two thousand of John L. Lewis' coal miners went back to work today, tut 400,000 remained on strike as did 513,000 CIO-Steel workers. There was optimism voiced that settlement of the 156-day strike of 2,000 CIO longshoremen at Ha- wali may come scon. Tension re- laxed in Detroit's auto industry as CIO auto workers planned to apply the Ford settlement pattern to Chrysler and other manufacturers. Meanwhile, as the AFL conven- tion began at St. Paul, Minn,, the lederation’s officers recommended hortening of industry’s work day and work week as an immediate economic goal. The United Mine Workers sent lack to their jobs today by the terse hint from union headquarters that their idleness “is not now vital ‘o the pending wage negotiations” were 80,000 anthracite (hard coal) diggers in Pennsylvania and 22,000 oft coal miners west of the Mis- sissippi. The UMW battle cry of recent vears, “no contract, no work,” ap- parently was discarded for a timited application of “no pension no work” Contracts applying to all UMW miners expired during the summer, and pension and other welfare fund payments have been suspended be- cause Southern Coal operators have stopped paying royalties of 20 cents A._ton ‘of ‘coal mined to ‘the fund under a no contract, no royalties rolicy. In the steel strike which hit 56 “asic steel plants and 50 iron ore mines Saturday, there were rumors >f new government intervention The White House has indicated that President Truman is standing on his decision of last week that he will take no direct action, how- ever. Most , lively development would be new efforts l:y chief gov- ernment mediator Cyrus Ching to get bargaining sessions under way again. The union leaders are adamant n demending company-paid pen- sions and insurance. The companies say they won’t agree to a plan that eliminates employee payments en- tirely. In the Hawallan dock strike, em- player and union representatives held a secret session Sunday, before which Dwight Steele, President ol the Hawail Employers’ Council, said there is 4 good chance fcr settle- ment.” Another meeting was held today. WEATHER REPORT (U, 8. WEATHER BUREAU) (Thi:; data Is for 24-hour pe- . riod ending 7:30 am. PST.) In Juneau—Maximum, 49; minimum, 42. At Airport—Maximum, 45] minimum, 43. FORECAST (Juneau and Vielnity) Mostly cloudy with ocea- sional showers tonight and Tuesday. Lowest temperature tonight near 42 degrees. Highest Tuesday near 50. PRECIPITATION (Past 24 hours ending 7:30 a.m. today City of Juneau—32 inches; since Oct. 1, 120 inches; since July 1, 2247 inches. At the Airport—22 inches; e since Oct. 1, .38 inches; e since July 1, 15.68 inches. ©0e 0000000 c0000000000 o000 $0000000°00000200090000000 000 o0 00 0 v o 0 00 SOUTH ON VACATION Ernest Lincoln, on a month’s va- cation from his duties in the Re- gional VA office, and Mrs. Lin- coln sailed this afternoon aboard the steamer Aleutian for Seattle. In Seattle they will visit their son Dick and wife, and after pick- ing up a new car which is waiting for them in Seattle, will drive on down to Kelso, Wash. There they will visit their son-in-law and datghter, Mr. and Mrs. Russell Miller, KI'.N’I‘ULKY UEST W. D. Brewer of Flemington, Ky., is a guest at the Baranof Hotel PRICE TEN CENTY ided By Federal Judge Folta Regu lation Sought, Judge Folia Believes White Act Ei—r:umvemed— Tax 72% Times Previ- ous Confiscafory The fish trap tax enacted by the last legislature was declared void today by U. 8 Federal Judge George W. Folta, on grounds that it was confiscatory and regulatory. Action was brought by the P. E. Harris Company, which operates three canneries and 25 pile and floating traps In Southeast and Southwest Alaska, and an interven- ‘ng suit was brought by the Mutual Trap Company, which operates three traps. M. P. Mullaney, Territorial Tax Commissioner, the defendant, con- tended the tax, with its gradua- tions, is merely a revenue measure ased on ability to pay. Judge Folta pointed out in his Jecision that seines and gill nets, wkich procure 60 percent of the salmon caught, were not taxed in comparison to traps, and therefore ‘manifestly a tax on the fish caught in a trap is a tax on the trap fitself.” The plaintiffs introduced evi- dence that if such faxes had been in effect the past seven or eight years, there would have been sub- stantial losses suffered. The defendant claimed that ty use of other bookkeeping methods and computation, this claimed loss turns into a profit. There are of less than 80,000 salmon each, and 869 seines, each taking slightly more than 30,000 apiece, evidence showed. Tax under present rates vould be 1-400 of a cent for those caught in seines and 7.43 cents for those caught in a trap, a differ- >ntial of 3,000 times. PROPOSED TAX The tax proposed a levy on the irst 100,000 salmon of $6,750, and srogressively increasing so that on 250,000 salmon taken the increase was from $600 to $43,500. ‘The plaintiffs also brought out .hat the tax was retroactive to January 1, giving them no rebate on taxes already paid and not allowing them to withdraw without payment. Judge Folta went into explana- tlon of how a trap operates com- sared fo a seine and the costs in- volved in each operation. . QUESTION. SUSTAINED “I am of the opinion,” the judge stated, “that the contention that the tax is so excessive as to in- fringe on the right to fish on the basis of equality guaranteed by the White Act must be sustained. . . .” The White Act denies exclusive rights to the fisheries by any type of gear or to any citizen, and was passed in 1924, ‘The complaining companies uked the judge to note the fact that the 1949 legislature, composed of the same members in the 1940 session, which brought up a referendum showed the electors favored the abolition of fish traps by a large majority. This is ceyond the power of the Territorial legislature. LEGISLATURE USURPATION “This enactment,” the judgement declared, “on the heels of the ref- erendum vote is pointed to as proof of the charge that the legislature, under the guise of exerting tax power, in reality usurped the pawer of regulation reserved by Congress, in an attempt to abolish fish traps. Further support is indicated on the excessiveness of the tax, the fact that it bears no relationship to the value of the fish . . . that it is the antithesis of any scheme to equitably distribute the tax burder and whole disregards the fact thar since canned salmon must com- pete not only with other fish, but with meats also, the increased bur- den cannot be passed on to the consumer. If all this be true, the act would appear to be the modern guise of an ancient tyranny." Previous cases upholding tax statutes, even though confiscatory, were not pertinent, the judge held. Another decision did not hold te- cause it preceded the White Act, with its guarantee under considera- tion by the court. “It is impossible to escape the conclusion,” the judge wrote, “that in imposing a tax on fish taken (Continued on Page Three) n