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ANTHONY v. VEATCH

189 Or. 462 (1950)

220 P.2d 493

221 P.2d 575

ANTHONY ET AL. v. VEATCH ET AL. COLUMBIA RIVER FISHERMEN'S PROTECTIVE UNION ET AL., Intervenors

Supreme Court of Oregon.

Reversed in part and affirmed in part June 30, 1950.

Petition for rehearing denied August 29, 1950.

Attorney(s) appearing for the Case

Thomas H. Ryan argued the cause for appellants and cross respondents. On the brief were Anthony Pelay, Jr., and Ryan & Pelay, all of Portland.

Cecil Quesseth, Assistant Attorney General, argued the cause for respondents and cross appellants. With him on the brief was George Neuner, Attorney General of Oregon, both of Salem.

Ben Anderson argued the cause for intervenors-respondents and cross appellants. On the brief were Anderson & Franklin, of Portland.

Before LUSK, Chief Justice, and BRAND, BELT, ROSSMAN, HAY, and LATOURETTE, Justices.

DENIED.

REVERSED IN PART AND AFFIRMED IN PART.

HAY, J.

Each of the plaintiffs in this case is the owner and operator of fishing appliances of the type commonly called "fixed gear", for the taking of salmon from the Columbia River, specifically, pound nets or fish traps. In this opinion, we shall refer to these persons either as "plaintiffs" or as "fixed-gear fishermen". They brought this action praying for a declaratory judgment declaring Chapter 3...

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