State v. McConville

Appellant, a member of the Nez Perce tribe of Indians, was arrested for fishing without a state fish and game license in Catholic Creek, a seasonal stream tributary to the Clearwater River, originally within the confines of the Nez Perce Indian Reservation. The territory immediately adjoining said stream at the time the reservation was opened and allotments made in 1887 (24 Stat. 388; 28 Stat. 326, I Kappler 536) was never transferred to any Indian but sold to white settlers.

The defense interposed, considered and rejected by the trial court, a jury being waived, was that under the original…