UNITED STATES v. STATE OF WASH.

Civ. No. 9213—Phase II.

506 F.Supp. 187 (1980)

UNITED STATES of America et al., Plaintiffs, v. STATE OF WASHINGTON et al., Defendants.

United States District Court, W. D. Washington.

September 26, 1980.


Attorney(s) appearing for the Case

William A. White, Atty., Indian Resources Section, Land & Natural Resources Div., Dept. of Justice, Washington, D. C., George D. Dysart, Atty., Dept. of Justice, Land & Natural Resources Div., Portland, Or., for the U. S.

Alan C. Stay, Phillip E. Katzen, Evergreen Legal Services, Seattle, Wash., for Jamestown Band-Clallam, Lower Elwha, Muckleshoot, Nisqually, Nooksack, Port Gamble Band-Clallam, Samish, Sauk-Suiattle, Skokomish, Snohomish, Snoqualmie, Squaxin Island, Steilacoom, Stillaguamish, Suquamish and Upper Skagit Tribes.

Mason D. Morisset, Steven S. Anderson, Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, Seattle, Wash., for Lummi, Makah, Quileute and Tulalip Tribes.

John Clinebell, Tacoma, Wash., William H. Rodgers, Jr., Seattle, Wash., for Puyallup Tribe.

Peter J. Wilke, Bellevue, Wash., for Swinomish Indian Tribal Community.

Joanne Eileen Foster, Taholah, Wash., for Quinault Tribe.

Alan C. Alhadeff, Alhadeff, Leavitt & Wesley, Seattle, Wash., for Dwámish Tribe.

James B. Hovis, Hovis, Cockrill & Roy, Yakima, Wash., for Yakima Indian Nation.

Daniel A. Raas, Bellingham, Wash., for Lummi Tribe.

Susan Kay Hvalsoe, Cullen, Holm, Hoglund & Foster, Olympia, Wash., for Hoh Indian Tribe.

Slade Gorton, Atty. Gen., Edward B. Mackie, Deputy Atty. Gen., State of Wash., Olympia, Wash., for State of Wash.

James M. Johnson, Sr. Asst. Atty. Gen., Dennis Reynolds, Asst. Atty. Gen., Dept. of Game, State of Wash., Olympia, Wash., for Departments of Fisheries and Game.

Charles E. Yates, Moriarty, Long, Mikkelborg & Broz, Seattle, Wash., for Reefnet Owners Assn.

Joseph T. Mijich, John P. World, Seattle, Wash., for Purse Seine Vessel Owners Ass'n, amicus curiae.


OPINION

ORRICK, District Judge.

This opinion constitutes but the most recent link in a long chain of opinions construing the following 27 words:

"The right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians, in common with all citizens of the Territory, * * *."1

The quoted clause appears in six treaties negotiated between the United States and several Pacific...

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