McCAULEY v. MAKAH INDIAN TRIBE

No. 9924.

128 F.2d 867 (1942)

McCAULEY, Director of Game of State of Washington et al. v. MAKAH INDIAN TRIBE et al.

Circuit Court of Appeals, Ninth Circuit.

June 12, 1942.


Attorney(s) appearing for the Case

Smith Troy, Atty. Gen., State of Washington, T. H. Little, Asst. Atty. Gen., and Max Kaminoff, Sp. Asst. Atty. Gen., for appellants.

Vanderveer, Bassett & Geisness, of Seattle, Wash., for appellees.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a decree of the district court enjoining the appellants, found to be and admitted here to be purporting to act as officers of the State of Washington in enforcement of its fish and game laws, from interfering with appellees' certain fishing rights in the Hoko River, held to belong to and to be secured to the Makah Indian Tribe and its members by treaty of 1859 between the tribe and the United States, 12 Stat. 939.

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