STATE v. GOODELL

No. CC76-53; CA 10736.

590 P.2d 764 (1979)

STATE of Oregon, Respondent, v. Eugene S. GOODELL, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1979.


Attorney(s) appearing for the Case

Hayes Patrick Lavis, Astoria, argued the cause for appellant. With him on the brief were Anderson, Fulton, Lavis & Van Thiel, and G.C. Fulton, Astoria.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Before RICHARDSON, P.J., and LEE and JOSEPH, JJ.


JOSEPH, Judge.

Defendant, a Chinook Indian, appeals his conviction of fishing in the Columbia River without a commercial fishing license (ORS 508.025, 508.235). He argues: (1) The Treaty of Olympia (12 Stat. 971), entered into in 1855 between the United States and the Quinault and Quileute tribes, reserves to the signatory tribes "the right of taking fish at all usual and accustomed grounds and stations * * * in common with all citizens of the Territory"; (2) although...

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