State v. James

Shorett, J. †

This is another Indian fishing case following closely on the heels of Department of Game v. Puyallup Tribe, Inc., 70 Wn.2d 245, 422 P.2d 754 (1967); State v. McCoy, 63 Wn.2d 421, 387 P.2d 942 (1963); and State v. Satiacum, 50 Wn.2d 513, 314 P.2d 400 (1957). As in the above-cited eases, we are here concerned with a treaty right given Indians “of taking fish at all usual and accustomed places.”

The respondents are enrolled members of the federated bands and tribes of the Yakima Indian Nation. They were charged with fishing illegally with set nets for salmon on the Columbia River in…