Seufert Brothers Co. v. United States, 249 U.S. 194 (1919)

Seufert Brothers Co. v. United States


Nos. 187

, 188


Argued January 29, 30, 1919
Decided March 3, 1919
249 U.S. 194

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF OREGON

Syllabus

The right secured to the Yakima Indians, through their treaty of June 9, 1855, Art. III, 12 Stat. 25, of taking fish at all usual and accustomed places, in common with citizens of the United States, and of erecting temporary buildings for curing them, extends to places in Oregon on the south side of the Columbia River where these Indians habitually fished before and since the treaty, even though beyond the limits of the Yakima cession and within the region covered by the similar provision in favor of the Walla-Walla and Wasco tribes. (12 Stat. 37.) P. 196.

This provision is not to be construed technically and strictly as an exception from the general cession made by the Yakimas of lands north of the river, but must be given effect in accordance with the broad terms used, as understood by the Indians. P. 198.

233 F. 579 affirmed.

The case is stated in the opinion.