MAKAH INDIAN TRIBE v. SCHOETTLER

No. 12751.

192 F.2d 224 (1951)

MAKAH INDIAN TRIBE et al. v. SCHOETTLER, Director of the Department of Fisheries.

United States Court of Appeals Ninth Circuit.

October 27, 1951.


Attorney(s) appearing for the Case

J. Duane Vance, and Bassett & Geisness, all of Seattle, Wash., for appellants.

Smith Troy, Atty. Gen., T. H. Little, Chief Asst. Atty. Gen., John J. O'Brien, Special Asst. Atty. Gen., for appellee.

Before DENMAN, Chief Judge, and STEPHENS and ORR, Circuit Judges.


DENMAN, Chief Judge.

This is an appeal from a judgment dismissing a complaint of the Makah Indian Tribe seeking injunctive relief against the operation of certain Washington state fishing regulations prohibiting their accustomed fishing in the Hoko River. The regulations in question prohibit all catching of fish in that river save by one pole and line with two single hooks or one artificial bait per person.

The Hoko River is a fresh water stream of some 25...

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