MAKAH INDIAN TRIBE v. STATE TAX COMM'N

No. 38762.

72 Wn.2d 613 (1967)

434 P.2d 580

MAKAH INDIAN TRIBE, Appellant, v. STATE TAX COMMISSION et al., Respondents.

The Supreme Court of Washington, En Banc.

November 30, 1967.


Attorney(s) appearing for the Case

Ziontz, Pirtle & Fulle, by Robert Pirtle and Alvin J. Ziontz, for appellant.

The Attorney General, J. Richard Duggan and Timothy R. Malone, Assistants, for respondents.


HILL, J.

The Makah Indian Tribe seeks to enjoin the application of the Washington state cigarette tax to cigarettes sold by wholesalers to retail outlets doing business on the Makah Indian Reservation. It is argued that by so applying the tax the state of Washington has interfered with Indian commerce in violation of the U.S. Const. art. 1, § 8, clause 3, which gives to the Congress the power "To regulate commerce ... with the Indian tribes."

The trial...

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