Legal Opinion

Columbia Salmon Co. v. Berg

District Court, D. Alaska

Decided August 26, 1916No. S/93PublishedCited by 7 opinions

The plaintiff and defendant both claim the same fish trap site near the shore, on the east side of Kenai Peninsula, between Ninilchik and Kasilof, on the waters of Cook Inlet.

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The plaintiff and defendant both claim the same fish trap site near the shore, on the east side of Kenai Peninsula, between Ninilchik and Kasilof, on the waters of Cook Inlet. Defendant entered into the following agreement with the Seldovia Salmon Company on April 20, 1915: “This agreement, made and entered into this twentieth day of April, 1915, between the Seldovia Salmon Company, a Washington corporation, hereinafter mentioned as the company, and Emil Berg, party of the second part, witnesseth: “The company agrees to furnish such piles and fishing gear as in their judgment is necessary for…

1Opinion of the Court

BROWN, District Judge.

Several questions are here presented for determination:

What effect has the issuance of said territorial license and War Department permit? On this question it was held in the recent case of the Pure Food Fish Company, a Corporation, v. Anacortes Fish Company, a Corporation, by the writer, on the 3d day of June, 1916, in the First division of Alasr ka, that neither said license nor said permit gives the holder any property right. The permit from the War Department merely amounts to a certificate from that branch of the government that the erection of a fish trap at the…

2Cases cited6 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Hardin v. JordanSupreme Court of the United States · 1891
  3. Mann v. Tacoma Land Co.Supreme Court of the United States · 1894
  4. Carroll v. PriceDistrict Court, D. Alaska · 1896
  5. Heckman v. SutterCourt of Appeals for the Ninth Circuit · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Strandholm v. BarbeyOregon Supreme Court · 1933
  2. Isler v. JensenAlaska Supreme Court · 1963
  3. Fisher v. EverettDistrict Court, D. Alaska · 1945
  4. Canoe Pass Packing Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1921
  5. General Fish Co. v. MarkleyDistrict Court, D. Alaska · 1952

2 more not listed; retrieve them via the Exa API.

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