45 Wash. 475 | Wash. | 1907
The defendants in this action were arraigned under an information which reads as follows:
“Comes now J. W. Hartnett, county and prosecuting attorney in and for the county of Snohomish, state of Washington, by and through his duly authorized and legally acting deputy, W. P. Bell, and by this, his information, accuses J. E. Lewis, Robert Haarberg and G. N. Larson of the crime of fishing for salmon during the closed season, as follows, to wit: That the said J. E. Lewis, Robert Haarberg and G. N. Larson, neither of whom was an Indian residing in this state, did, on the 21st day of October, A. D. 1906, wilfully, knowingly, deliberately and unlawfully, put out nets for the purpose of fishing for salmon; that said nets were set in Steamboat Slough in Snohomish county, state of Washington, the said Steamboat Slough.then and there being a tributary of Puget Sound below tide water, and between the hour*476 of 6 o’clock P. M. of Saturday, October 20th, A. D. 1906, and the hour of 6 o’clock A. M. of Monday, the 22nd day of October, A. D. 1906, did fish for salmon with nets, in the place aforesaid, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Washington.”
The defendants severally pleaded guilty, and thereupon moved in arrest of judgment. The motion was granted, the cause was dismissed, and the defendants were discharged. The ruling involves the sufficiency of the information, and the state has appealed.
The information is based upon 'the statute as found in § 4, pages 343 and 344, Laws of 1905. The pertinent part of the section reads as follows:
“ . . . and it shall further be unlawful to take or fisli for salmon except with hook or line in any of the waters of Puget Sound or its tributaries between the hours of six o’clock P. M. Saturday and six o’clock A. M. Monday of each calendar week in each year.”
It will be observed that the language is comprehensive, and seems to except no one from the operation of the statute. The legislature of 1899, in a general act relating to food fishes, established certain limitations as to closed seasons and places for salmon fishing. Laws 1899, page 194, § 8. That section has been amended by each succeeding legislature, including that of 1905, which inserted the provision we have quoted 'above. Section 1 of the Act of 1899, however, contains the following:
“Provided, that nothing in this or any other act shall prevent any Indian residing in this state, from taking salmon or other fish by any means at any time for the use of himself and family.”
The above seems never to have been repealed, and the several amendments to § 8 of the same act do not appear to have modified or affected this proviso in said § 1. In effect fit must therefore be read as a proviso attached to § 4 of the act of 1905.
The judgment is reversed, and the cause remanded with instructions to vacate the judgment and overrule the motion in arrest of judgment.
Root, Crow, Mount, Dunbar, and Fullerton, JJ., concur.