Harris v. O'Malley

REED, District Judge.

It will be noted that the basis of the action is not the invalidity of the statute under which the action of the officers is complained of, but that the gravamen of °the complaint is that the officers of the Bureau of Fisheries and the United States attorney have wrongly construed the section of the statute under consideration, by insisting that 25 feet of the net or webbing of the heart walls on each side thereof next to the pot shall be raised or lowered from the top to the bottom of the trap, in order that there may be free escapement of fish through the trap during…