United States v. Winans
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. The facts are stated in the opinion. The fishery involved is and always has been a famous one. It is a “ usual and accustomed place ” and one of the best, if not the best place, on the Columbia,River. The Yakima Indians, have resorted to it above all others and depended on it for the supply of fish which was their steady subsistence.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. The facts are stated in the opinion. The fishery involved is and always has been a famous one. It is a “ usual and accustomed place ” and one of the best, if not the best place, on the Columbia,River. The Yakima Indians, have resorted to it above all others and depended on it for the supply of fish which was their steady subsistence. The treaty was negotiated with distinct recognition of this right. The Indians objected to the transfer of their lands until assured by the Government as to the fishery rights.…
1Opinion of the CourtJustice McKenna
This suit was brought to enjoin the respondents from obstructing certain Indians of the Yakima Nation in the State of Washington from exercising fishing rights and privileges on the Columbia River in that State, claimed under the provisions of the treaty between the United States and the Indians, made in 1859.
There is no substantial dispute of facts, or none that is important to our inquiry.
The treaty is as follows:
“Article I. The aforesaid confederated tribes and bands of Indians hereby cede, relinquish, and convey to the United States all their right, title, and interest in and to the lands…
2Cases cited10 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Jones v. MeehanSupreme Court of the United States · 1899
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Choctaw Nation v. United StatesSupreme Court of the United States · 1886
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3Cited by392 opinions
- United States v. WheelerSupreme Court of the United States · 1978
- Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
- Winters v. United StatesSupreme Court of the United States · 1908
- New Mexico v. Mescalero Apache TribeSupreme Court of the United States · 1983
- Menominee Tribe of Indians v. United StatesSupreme Court of the United States · 1968
387 more not listed; retrieve them via the Exa API.