One of the most important statutes enacted in the 1949 session of the Washington legislature is Chapter 112 of the 1949 Session Laws, which, with its complement, Chapter 107, forms the new Fisheries Code of the state, replacing the old provisions which had been in effect with variations since 1915. The new Code is singular, not only in the very broad administrative powers given to the Director of Fisheries, an office created by the Act, but also by virtue of the fact that certain of its licensing provisions were inserted in apparent defiance of three recent United States Supreme Court decisions, raising certain doubts as to the constitutionality of such provisions. It is proposed to test in this comment Sections 63, 67, and 69 of that Code in the light of these decisions. The problems presented divide themselves into two natural divisions: (1) the validity of the licensing requirements of the new Code as applied to resident aliens, and (2) the validity of the licensing requirements of the new Code as applied to nonresidents of the state of Washington. They will be discussed in that order.
Edward H. McKinlay,
The Washington Fisheries Code of 1949: Constitutionality of Discriminatory Provisions,
24 Wash. L. Rev. & St. B.J.
Available at: https://digitalcommons.law.uw.edu/wlr/vol24/iss3/7