NOVEMBER 1925
THE UNITED AMERICAN
Page Seven
of aliens, except the Japanese, have been affected by of vast proportions had been done and that the state
[these laws. From this it is clear that the intent back of Oregon in denying legitimately admitted immigrants
of these laws is somewhat uncertain, and furnishes the in this commonwealth, a chance to earn a livelihood
in their accustomed vocation, during the five years
Indication that somebody “put something over.”
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that they must live in America before they can be
Since the Oregon court decision was out and the come citizens, had acted contrary to the spirit of the
state of Washington adopted a similar attitude the federal statute. Though it was the specific intent in
[laws have been generally applied. But the damage the legislators’ minds also to give aliens having been
[done in the Columbia river section — where the two in America more than five years, a two year respite,
states act more or less in concert, under a concurrent while studying for citizenship, this latter intent mis
[jurisdiction plan — is for many immigrants of an carried, in part, due to a misinterpretation of the final
[otherwise faultless reputation, made irreparable. committee agreement, which was not discovered until
The intelligence qualifications for citizenship which after passage. A slight modification in the last pro
[the aliens have struggled to acquire, since these laws vision, in the amended part of the section, to permit
were actually applied, are of little or no value to those the intent being carried out, is scheduled for the 1927
[who during the interim of testing the validity of the session. The amended statute of the Oregon alien
[Oregon statute violated the law, so long as the naturali- fishing law, which went into effect on February 28th,
zation officers contend that a violation of the state 1925, reads as follows:
Sec. 131. Licensee Must Be Citizen. That it shall be unlaw
■fishing license codes, constitute an offence justifying
Ithe federal government in causing the applications for ful for any person to fish or take for sale or profit any salmon,
sturgeon or other fish in any of the rivers or waters over
citizenship in such cases to be dismissed with prejudice. which
the states of Oregon and Washington have concurrent
■District and federal judges in Oregon have so far sus- rights and concurrent jurisdiction, unless such person be a
Itained the naturalization examiners, while the present citizen of the United States and has been for one year imme
■judge in the judicial district of the state of Washing diately prior to the time he makes application an actual
of the state in which he seeks to obtain his license;
ton, which embraces the Columbia river shore counties, resident
provided, however, that boat pullers’ licenses may be issued
I in fairness to the applicants and knowing the true cir- to aliens who have resided less than five years in the United
Icumstances, is admitting such applicants over the States and who have declared their intention to become citi
■objections of the federal examiner. These conditions zens thereof and who possess the qualifications of residence
land the hardships they have created is another side of within the state of Oregon; and provided further, that until
May 1, 1927, it shall be lawful to issue a boat puller’s license
■this picture.
to any alien possessing the qualifications of residence who has
Meanwhile it is not amiss right here to consider, been formally examined by a court of competent jurisdiction
land it is a fact, that these laws excluding the aliens upon the petition of such alien for final citizenship papers,
■from the commercial fishing waters of the two states when it shall appear by the certificate of said court or the
■have become the impetus to the tremendous salmon judge thereof that such alien, although he has failed in said
by reason of lack of education to qualify for citi
■trawling activities, beyond the point off shore, where examination
zenship, has, nevertheless, in the opinion of said court or judge,
■the state jurisdiction ceases, which is giving those shown by said examination that he is diligently endeavoring
■interested in protecting the salmon, considerable con- so to qualify for citizenship that he may be reasonably expected
cern. Aliens, for instance, who under these laws can- so to qualify within the time limited herein, and that he has
not fish with nets or gear in the Columbia river basin, not intentionally, wilfully, or deliberately violated any law of
state of Oregon relative to fishing nor any law of the
■are now, on a large scale, engaged in trawling beyond the
United States, a violation of which would either constitute a
■the three mile limit. In the absence of laws, or the bar to citizenship or warrant the court in denying with
■lack of applying such laws, preventing these fisher- prejudice a petition for citizenship.
men from bringing their catches to shore for disposal,
The amended section of the Oregon code has pro
■the alien exclusion laws have done little constructive duced a desirable adjustment for the legitimately ad
■service in the interest of protecting this great industry mitted alien who must be in the country five years be
■for the future. Little can the salmon hatcheries and fore he can become naturalized. Upon acquiring a
■propagation stations, maintained at great public ex- one year residential right in the state he can engage in
pense (that is, from fishing license and tax-revtenue the salmon catching industry as a helper, or more
■sources) avail against the destruction of the small specifically classified as a “boat-puller,” going out
■salmon, below commercial size, that are caught on the fishing with a trained naturalized citizen entitled to a
■trawlers’ lines. The evidence of this irreparable dam- boat and gear license, which, besides affording him a
age is now being collected in overwhelming quantities livelihood, gives him the opportunity of going through
in the river nets and gears where the torn and crippled an apprenticeship period, as a fisherman, extending
■fish that get away with life, when tossed with a vicious over the remaining years of his five-year naturalization
■jerk off the trawler’s hook, are caught with the healthy qualification period. In this way the industry will also
■salmon, pitifully torn and emaciated specimens, liv- be assured of properly trained craftsmen, as it were,
ing an existence of torture in their aquatic world where to carry on for the future; for the safety of life, the
■life and living depends entirely on the healthy condi- proper care of the fishing boats and gear (representing
tion of the species. But, here again, it is another story, a considerable capital invested) and the proper con
■though to some extent remote, yet interlocking with sideration and observation of all the essential rules and
■the question at issue — legislating without just and regulations governing every phase of the industry.
■sufficient cause for legislation.
The immediate adjustment of a difficulty, created
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by the original law, in which suddenly a veritable army
The Oregon Legislature of 1925, amended the dis- of highly trained fishermen found themselves — those
puted statute after being convinced that an injustice
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