The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-15

Following f. the fun text Of Judge Han
forH'e onsnsbn In TIE case % the United
Gates. HHaare Crockett and Capt JACK
~ The Alaska Packers Association and
Kate Waller. commonly Known as the
peint Roberts fishing case The Post-ia-
f.A.Gencer printed on Saturday a syn
opeis % the decision.
'-Tais is a salE b the United States and
certain Indians Of the Lunmi Frige Tor
40 fnfuncs ion against the Alaska Pack
ers' Association q corporation. ana rae
Maller - protest the LsaMai Indians n
the right 20 take salmon by their ancient
and primitive means II fishing N the
waters adjacent 10 Point Roberts. and 10
maintain summer houses for their ha04ta-
ton. and plaees for drying nsn on me
shore during each fishlag season. which
rights arg alleged 10 bs guaranteed "
Article ~ treaty made and concitif1ei
90 Point Elliott. Washington territory.
January =, iss5. u Y. :. statutes, -.
which article reads as follows:
Article Y. The right % taking fish az
usual and accustomed grounds ana sta
tons = further secured 20 said Indians
81 common with ali citizens OF the term
tory. and Of erecting temporary houses
for the purpose oe curing, together with
the privilege Of hunting and gathering
roofs and berries on open and nncl ainistl
lands Provided however. that they shan
or cultivated oy citizens
Point Roberts II the extremity OF a
peninsula. extending into the Gull OF
Georgia. and stands as headiand OF
SemlshnoO bag. The boundary line be-
tween thb STATE Of Washington and
British Columbia crosses semsahmoo bay.
nnd the peninsula SO thai only the es-
IRENE outer end OF the peninsula soutn
OF he boundary line belongs 70 the United
States This small area OF land. project
Ing from british territory into deep water.
WAS az one time. by an order OF the prfst-
dent, reserved for governmental use. but
the defendant. Kate Waller has been per-
miited 10 acquire title 10 a part or the
same. under the homestead Law OF the
United States, and she Is ~ present tho
owner OF the particular land which the
Indians wish 70 occupy. The defendant.
the Alaska Packers Association. ON rs
fishing establishment and cannery on
land leased from Airs. Waller. and has
81 connection Herewith a wharf and has
constructed a number Of leads and nSh
traps in adjacent waters. The traps con-
sist % rows Of piles supporting nets FORM
ing barriers IN the way OF salmon mi
grating towards the Fraser river. and
operating SO as 10 lead the salmon into
traps. There Is a reef over which the
sockeye salmon have been accustomed 20
run in great numbers IN making their
way towards the Fraser river. The In
dams. taking advantage OF the shoai
water over this reef have been accus-
tened TO catch fish here BY the use OF
nets made Of willow bark.
1.-THE bill of complaint charges that at
and prior TO the time OF making the
treaty above referred 10. this reef near
Point Roberts was one OF the usual places
for taking fish. or fishing stations. 10
which the I.ummi Indians had been ac-
customed TO resort for the purpose OF oh
tanning fish for food and that they were
accustomed 10 erect and maintain tempo
rsry houses ia which to live during the
fishing season. upon the shores adjacent
10 said reef. and that the fish traps above
described. constructed and maintained by
the Alaska Packers Association are 50
placed as 70 completely obstTuct the run
OF the sockeye salmon. towards and over
the said rect, 80 that while said traps
continue to exist without openings there
in for the passage OF fish. the Indians
are prevented from catching FISH upon or
over said reef. and that they are unable.
with their means OF taking fish, 30 catch
the soCkeYe salmon At any other place.
The a0ckeye - a species OF salmon es-
peeially valuable for canning on account
OF the red eoor OF the flesh. they run
fering "A period 81 only from twenty %
forty days each year. commencing about
july l. Other varieties equally good FOR
the use OF the Indians are obtained IN
the same waters, ia the spring and fall
or each year.
"The Lummi Indians. In whose behalf
thls suit has been commenced. have had
the lands upon their reservations allotted
60 them IN scveralty and patented: they
all have cultivated farms. and are an I'M
usually thrifty and enterprising tribe OF
st IS disputed point in the case
whether or not the tummi indians were
a. or previous 70 the time OF the treaty,
accustomed 70 resort 90 the Point Roberts
fishing station 20 catch fish I consoles
this an fmmatcFiai point, for as ] con.
strue the treaty. the nth article was not
irtended 10 create q reservation 81 ans
particular place FOR catching nsh. Ia
favor Of agy one Of ID. different tribes OF
tands OF Indians with whom the treaty
was made II Is a general provision ir
favor OF all the Indians represented hy
siEusra % the treaty and applies gru-
orally 20 all fishing stations within ths
territory 81 Washington. and the Wosd.
need 50 FAR from creating an exclusive
right manifest clearly q purpose % -,
cure equality Of rights IN favor 81 the
indians. al all usual pl8ces whore citfSpus
have tho common flight 0f fishing Al
though ] regard the point 8s immateriai
! VIII Nav that 7 nnd a decided responder
enee 81 the evidence In favor of the con
seution on the part Of the CdmplalnaHts
and the evidence satisfies me that foi
many generations she isumfnl lnHlaut
have been accustomed a. catch FISH h'
means az meta ~ fheir own manufacture
a. the place referred -.
THE legislature Of the state OF Wash
fnEton has assumed - make laws regu
tating the construction of fsh traps. ans
authorizing she issue of licenses Tor th.
construction. maintenance and operation
81 flsh traps. AMI appliances FOR catch
fne salmon Laws 81 Washington. tN1
page IS, State * rel Alaska Packers A.
60 tatsan ~ Crawford Is Wash. tEs 8
Tac. kpp Nf2 Tho Alaska Packers A.
ISOLATION claims the rtRht 20 fnaintatl
So FISH traps nv virtue 81 licenses there
for duty ISSUED. pursuant 30 the laws %
the state ana AYERS that the same haVl
fFen eeustrtc tsfi in conformity With fGf
regulations prescribed nv the state. ans
this defense Is taty sustained hy the eyi
dence.
''rhe case therefore presents "A cantra
versy betNeea ihe Indians claiming vi<hN
guaranteed n3 a treaty made Ntth us ma