The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-13

ga q. tina most important cases with
-s~s ths local brAneh OF tao Federal
baa 70 deal. and which has for
soss. - =. years been kept in the public
=. - a. changing phases. was yesterday
49, at tyy the Ming OF an opinion by
- usngord. In which a careful review
=. features Of the case appears In
- .he rersnt legislative action In re-
-. ~ ashlbg and fssh industries. the
- .hs United States. Hiilisre Crockett
~.r,sln lack rs the ALASKA Packers
s.s.,sn- a corporation. and kats
- 4 one of unusual interest There
vsst amount Of legal learning
-, 70 bear gu the litigation. and its
s.sr-,sal b Judge Hanf0rd opinion yes
.-.ssv Ia which the defendants are sos-
..,nes and the action dismissed without
- q a matter Of public concern
-. frs; part OF the opinion h given I'D
s.tsnsent OF the causes upon which
-. al, was frsi brought. IN which the
1900 e.atsS. HllMare Crockett and Cap
-, lzek bring the action 20 protect the
s~,.rs indians ia the right 10 take salmon
- ssssr ancient and primitive means OF
ss.s,9 Ia the waters adjacent TO Point
pns<ras and 10 maintain summer houses
=, tseg- kaba,stion. and places for drying
- A. the shore during each fishing sea-
- vhlch rights are alleged to be guarsn-
-, ~ article OF a treaty made and con-
s,,.ssa AZ Point Elliott. West Seattle.
washington territory. January -. $50.
he treaty says:
Tn. nights Of taking Ssh at usual and
srrasssmed grounds and stations II fur
-, reserved 70 said Indians. In common
x,,a all citizens Of the territory, and Of
Icing temporary houses for the purpose
~ sagrsra. together with all the privileges
a hanying and gathering roots and ber-
80 az cpeu and unclaimed lands. Pro-
800. however. that they shall not take
ss.H nsh from any beds etaked or cnlti-
yssed BIZ citizens"
po.nt Roberts j. the extremity OF .
ses,nsala extending into the Gulf OF
essrxls. and stands at hesdlanc OF
ssnlshrnoo bay. The boundary line be-
,xeer the state az Washington and Brit
~ Columbia crosses Semiahmoo bay and
re peninsula 80 that only the extreme
sg,ar end OF the peninsula south or the
tesnsary tine belongs 20 the United States.
7hs email area Of land projecting from
rr,.sh territory into deep water was at
ess tine By an order OF the president re-
.srysd for government use. but the de-
ssnsant Kate Waller had been permitted
d sceslra title to a part OF the same un-
Gee the homestead law of the United
e,s.ss and she II at present the owner OF
sAs particular land which the Indians
sish "a occupy.
TIE defendant, the Alaska Packing As
sadstioa owns a fishing establishment
sns eannery on land leased from Mrs.
Waller. and has IN connection Herewith a
saarf and has constructed traps and leads
hs adjacent waters.
Tke bill % complaint charges that ~ and
ssiar to the time OF making the treaty
4 -sef near Point Roberts was one OF
he usual places for taking fish. or fishing
s'a'iens 20 which the Isummi Indians bad
Assn socussomed 20 resort for the purpose
e STAINING fab for food and that they
re-s accustomed 20 erect and maintain
lsnssrary houses In which 10 live during
iae sshing season upon the shores sdts-
efaf 10 said reef and that the lsh traps
q ne Alaska Packers Association are so
ssosd ss 10 completely ohstruct the run %
sasksys salmon towards and over the said
fssf 50 nat while said traps continue %
sxisi without openings therein for the pas
SAGE u FISH. the Indians are prevented
fpn catching fsh upon or over said reef
AZ that they sre unable. with their means
., iaktng fish. 20 catch the salmon at any
s'Asr place.
The court holds that the point that the
kaesrts which entars into ths contention.
disputed oue. but immafsriai TO thu
cause. While The court regards this point
8 immaterisl it 7nds a decided prspon-
fsfshee 81 the evidence ln favor OF tina
insians' contention that for generations
fasF hsve been accustomed 80 catch fish
a no place referred 70.
Fee state o. Washington, Judge Han
'e'd remarks, hss assumed 70 make laws
fsAlatiHg the construction OF nsh traps.
sh1 me defendant association claims ths
rtai 70 maintain It's trans by virtue 90
1.shsss issued In pursuance Of tho laws
NE state The company claims that
oe irsrs conform 90 the law.
TIE court concludes that the rsh traps
!. ne Packers Association are more or
- ~ Nan an injury 10 The Indians. The
aiter are stu abs 20 carry on successful
operations. have a good market for
aastr asa' and IN addition to that tire Pack
rs Association maintain their trapy IN
str 'he authority OF the state.