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UNITED STATES v. HOUSE

No. 9340.

110 F.2d 797 (1940)

UNITED STATES, In Behalf of TULEE, v. HOUSE, Sheriff.

Circuit Court of Appeals, Ninth Circuit.

April 3, 1940.

Attorney(s) appearing for the Case

Sam M. Driver, U. S. Atty., and Lyle Keith, Asst. U. S. Atty., both of Spokane, Wash., and Kenneth R. L. Simmons, Dist. Counsel, Department of Interior, of Billings, Mont., for appellant.

G. W. Hamilton, Atty. Gen., State of Washington, T. H. Little, Asst. Atty. Gen., State of Washington, and Edgar H. Canfield, Pros. Atty., of Goldendale, Wash., for appellee.

Before HANEY, STEPHENS, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

Sampson Tulee, a Yakima Indian, was arrested, upon an information being filed in a state court in Klickitat County, Washington, and the petition before us seeks his release from the custody of the sheriff of that county.

On May 16, 1939, Tulee was charged in an information with having caught a salmon, a food fish, on May 6, 1939, with a dip bag net, and selling the same commercially, without having first obtained a license to do so, as...

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