United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mullaney v. Anderson, 342 U.S. 415 (1952)

Mullaney v. Anderson

No. 329

Argued January 7-8, 1952

Decided March 3, 1952

342 U.S. 415

Syllabus

1. A statute of the Territorial Legislature of Alaska, Laws 1949, c. 66, providing for the licensing of commercial fishermen in territorial waters, and imposing a $5 license fee on resident fishermen and a $50 fee on nonresidents, held violative of the Privileges and Immunities Clause of Art. IV, § 2 of the Federal Constitution. Toomer v. Witsell, 334 U. S. 385. Pp. 342 U. S. 417-419.

2. So far as the regulation of fisheries is concerned, Congress has granted the Territorial Legislature of Alaska no greater power over citizens of other states than a state legislature has. Pp. 342 U. S. 419-420.

3. This suit was brought by the Alaska Fishermen's Union and its Secretary-Treasurer on behalf of some 3,200 nonresident union members. Here, for the first time, petitioner questioned their standing to maintain the suit. To remove the matter from controversy, respondents moved in this Court for leave to add as parties plaintiff two members of the union who are nonresidents of Alaska.

Held: in the special circumstances of this case, the motion is granted. (See Pule 21 of the Federal Rules of Civil Procedure.) Pp. 416 417.

191 F.2d 123 affirmed.

In a suit to enjoin enforcement, the District Court for the Territory of Alaska upheld a tax statute of Alaska. 91 F.Supp. 907. The Court of Appeals reversed. 191 F.2d 123. This Court granted certiorari. 342 U.S. 865. Affirmed, p. 342 U. S. 420.

Page 342 U. S. 416