“FISHERMEN FIGHT ANTI-SEINE LAW – Declare Ignorant Legislation Has Thrown 250 Men Out of Employment – As a direct result of the arrest, trial, and conviction of Mr. Antonio Scorlich (age 42, a Croatian fisherman from Austria, married and living at 1694 Atlantic St. downtown, a Naturalized U.S. Citizen since 1896; and next door neighbor to PA Frank Goularte) because he unlawfully caught small fish in the bay with a net, a united and desperate effort is to be put forth by all the fishermen who have been engaged in the business at San Diego to have the anti-seine net law rescinded.
Since this law went into effect several months ago (i.e. April of 1907 – ed.) the fish industry has fallen off to an enormous extent, according to statements of persons interested. Hundreds of men have been thrown out of employment, it is said, and the law affects the fisherman directly and that it practically throws them out of work after they have invested large sums of money in boats and outfits. The fisherman, prior to the time that the law went into effect, secured all bait by means of nets in the bay. With the bait, including such fish as smelt, herring, and croaker, the fisherman secured the larger fish outside the bay. This law prohibits the fisherman obtaining bait, so they practically have to give up their occupation!
SHIPMENTS OF FISH 60% LESS
The fishermen are not the only ones affected, but the city itself suffers considerably, it is alleged. The fish industry, up to the time that the law went into effect, was very good. Hundreds of pounds were exported daily, but now there is barely enough fish caught to serve the local demands. This means a loss of many thousands of dollars annually in the exports of the city. This business has fallen off to such an extent that the Wells Fargo Express company is contemplating laying off one of its helpers at the Santa Fe Depot (railroad – ed.) office. This is according to a statement made last night by John R. Beardsley, the local agent for the express company. He said that the shipments of fish have decreased 60% during the past several months.
Mr. JOSEPH F. MADRUGA, one of the Managers of the National Fish Company, in a statement yesterday speaks the sentiments of all persons who are appointed with the situation.
‘When conditions become such in the state of California that for the pleasure of a very limited few, a very large and industrious body of citizens are deprived of making an honest living for themselves and their families,’ said Madruga, ‘It is time that the general public should be acquainted with the facts as they exist and that something should be done to remedy these conditions.’
RESULT OF IGNORANT LEGISLATION
‘It is also a deplorable fact, but nevertheless true, that there are a certain body of citizens, some private and some holding public office, who condescend to act in a matter of which they know nothing about and which needs expert investigation before legislation should be enacted to control or protect said interest. Their intentions were undoubtedly for the welfare of the community, but in the case which we are discussing they succeeded in doing considerable injury to a large and legitimate industry and an injustice to a great many of their fellow brethren, without doing any good to anyone.’
‘At the last regular session of the legislature of California a law was introduced and passed prohibiting the use of seines, nets, traps, etc., in the bay of San Diego, or in other words prohibiting the fisherman from fishing in the Bay of San Diego.’
ANTI-SEINE LAW BENEFITS THE FEW
‘The petitioners for this kind of legislation stated that the fishermen were catching all the fish and leaving none for the idle ‘sport’ and tourists who fish only for pleasure from the wharves, with rod and reel. ‘At the time the bill was introduced into the legislature the market-men and Fisherman were advised by a local Fish Commissioner that a Committee would be sent down from Sacramento to investigate and that they should present their case to this Committee. This was not done, however. In fact, the law was so unjust, unconstitutional, and so absurd, that we thought no body of sane men would uphold it; and therefore made no opposition. The bill was introduced, rushed through, became a law, and the harm was done.’
250 MEN ARE AFFECTED
‘Now, whom does it affect? It affects approximately 250 men, and their families, in San Diego. This includes the fishermen, the market men and their employees, the fish peddlers, the retail fish stalls, the boat builders who build the fisherman’s boats, the machinists who install and repair their engines…, in fact, the hotels, restaurants, and general public who use fish are ALL more or less affected by this unjust and discriminating law.’ Statistics for 1907 will show what the fish industry means to San Diego and it is threatened with speedy destruction through this law. ‘We are deprived of getting such fish as smelt, croaker, herring, and even sardines, which are used only by the fisherman for bait, with which to go out to the ocean and get rock cod, sole, albacore, bass, etc. The fisherman and market men have many thousands of dollars invested in this business (Some of the boats costing over $2,000[equivalent to $68,914 today – ed.]), and they are threatened with ruin if these conditions continue. These fishermen are hard-working, law-abiding citizens, well able to take care of themselves and their children if they are only given a chance.‘
OTHER PORTS GETTING TRADE
‘Mostly all the fish that come into this bay are of the migratory class; they only come in season, in schools, stay here a while, then go to San Pedro, Monterey Bay, San Francisco Bay, Eureka, and Humboldt Bay. At these places they are caught; while we are barred from doing so here. Every year thousands of pounds of herring, etc., in various other places. We are in direct competition with these places in shipping to the interior, and they are getting the trade away from San Diego because they can offer a better variety. And their hotels and residents are supplied with choice varieties of fish, while ours can just…, do without. Is this American Justice? A thousand times, NO!’
TO BACK UP ANTONIO SCORLICH
‘This state of affairs has become so intolerable that we think that the time for action has arrived. We are going to help the fishermen in the case of the People vs Antonio Scorlich, and are going to try to have this obnoxious law stricken out. We therefore ask for the moral support of everybody, because it directly concerns everyone; from the large transportation companies to the consumer. These are not biased statements – it is a statement of conditions as they exist. We do not ask for special privileges or concessions – we only ask for justice and the inalienable rights of American citizens to pursue a legitimate occupation and earn an honest living.”
(*Source: San Diego UNION & Daily Bee newspaper – Saturday, February 29, 1908 – Pg. 14, plus background via: San Diego EVENING TRIBUNE newspaper – Friday, February 21, 1908 – Pg. 8)
*EDITORIAL NOTE+: On Tuesday, May 5, 1908 San Diego Superior Court Judge Conklin ruled that the decision rendered (and a $30 fine was accessed – equivalent to $1,035 today – ed.) against seine net using fisherman Mr. Antonio Scorlich by Justice Thorpe earlier. So the decision will be upheld, and the LAW REMAINED INTACT; greatly disappointing many local fishermen.
*The broader and perhaps (?!?) more interesting point may be; Did this simple 1908 San Diego Court judgment (which essentially hindered the local seafood/fish business) also inadvertently act to *accelerate* the local fishing fleet going more, and farther, outside and AWAY from our bay for bait and/or to fish?!?…, into Baja, Mexico (and beyond!) waters for tuna and other migratory fish, ever farther off our coast, and (perhaps especially tuna) and as such essentially “kicking off” what would eventually grow into an enormous international commercial fishing industry (now worth more than $40,000,000,000 annually!)?
*Fun Facts* (11 Years Later…): – FISHERMAN DUMPS LOBSTERS IN SEA – Keen-Eyed Inspectors Detect Action; Man Grins, but Not After He’s Arrested – When Antonio Scorlich came in from his daily fishing trip yesterday he did not head his boat straight for the fish markets at the foot of E Street. Instead, he made a wide detour down the north end of the bay, and moored a small rowboat that he had been towing. Keen eyes watched him from the shore…
Then, while Antonio was at the fish market selling his catch, another powerboat put out from shore and the occupants of it inspected the contents of the rowboat. From the rowboat they took two lobsters that were smaller than the size allowed by law. Then the inspectors hid…
Soon Antonio returned. He re-fastened the rowboat to the stern of his fishing yawl and started for his home near the north end of the bay. The Inspectors gave chase. Antonio saw them and grinned. He had been caught with undersized lobsters just two weeks before and had paid a $40 fine (equivalent to $720 today – ed.). When the inspectors were just a few yards away, he emptied a bag of undersized lobsters overboard. Then he laughed. ‘You won’t find any little lobsters in my possession,’ he said. But Game Warden Webb Tema then held up the two lobsters that had been previously extracted from the bag, and Antonio wilted. He pled guilty to the charge before Justice Keating yesterday afternoon, and paid (another! – ed.) fine of $40. Next time the penalty will be a jail sentence, Judge Keating warned him.”
(*Source: San Diego UNION & Daily Bee newspaper – Wednesday, November 26, 1919 – Pg. 12)
And finally…, Mr. Antonio Scorlich’s OBITUARY (Not just ‘another scofflaw’ – ed.)
“SCORLICH DIES; CAUGHT FIRST SWORDFISH HERE – Mr. Antonio Scorlich, age 91, a former San Diego fisherman who is believed to have caught the first swordfish in the San Diego area, died April 25th in Yugoslavia, it was learned here yesterday. Scorlich, who lived here from 1900 until he returned to his native country, Yugoslavia, in 1953 for a visit, was the first President of the Fisherman’s Association here. He was also one of the founders and first President of the UNION FISH COMPANY of San Diego.
Scorlich went to sea as a cabin boy at the age of 13. His career on the sea took him to all parts of the world as a sailor and first mate of windjammers. He first visited San Diego in 1871, when he was just 17. After a stint in the Austrian army when he was 23, he eventually made his way back here. Scorlich sailed and fished from San Diego from 1900 until 1938, when he retired. He is said to have caught the first swordfish here in 1900. Survivors include a daughter, Mrs. M. J. Tomas, of 4377 Ridgeway Rd., and three grandchildren: Mrs. A. T. Arguello and Mark A. Tomas of San Diego, and Mrs. L. C. Kinney Jr. of Del Mar; and four great-grandchildren.”
(*Source: San Diego UNION & Daily Bee newspaper – Friday, June 1, 1956 – Pg. 15)