Justice

The Daily Olympian: A funny thing, Justice! A Hollywood publicity hound can come up here, net steelhead, strictly illegal, fish without a license, get plenty publicity and then is turned loose. While a few Indians who claim to have rights under the old treaty allowing them to fish in order to buy clothing and food, with the possibility of a little Pia Chuck to drive away the chill, are jailed. The right and wrong of the Indian fishing question is not for me to say, but for anyone not Indian to net steelhead is definitely illegal and the one doing so should be punished. And in his case a small fine would have been no punishment. Just some more publicity, the punishment should have been a stiff jail term. I’m sure that is what would happen if I were caught netting or gaffing one fish for my own use.

1964 – Fighting over Fishing

3 Nisqually Indians Get Suspended Jail Terms In Fish Case Daily Olympian
January 14, 19
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TACOMA (AP)- Three Indians, conviced of illegal fishing on the Nisqually River in a case which has been going on through the courts for two years, were sentenced here Monday by Superior Court Judge Harden B. Soule.

Judge Soule sentenced all three to 30 days in the county jail, suspended on condition they refrain from illegal fishing (using nets) for a period of three years.

The trio includes Raleigh Kover, Jack Simmons, and Ernest Gleason, Sr., all three of whom live in the Nisqually area.

They were arrested along with other Indians fishing with nets for steelhead on the Nisqually January 6, 1962.

The other two were found innocent by Justice of the Peace Elizabeth Shackleford February 26, 1962. But the rest have been under charge since that time. Gleason and Kover appealed convictions to the Superior Court, Simmons was charged directly in Superior Court.

Judge Soule awaited a recent Supreme Court decision on a case involving fishing on the Skagit river before reaching his final determination of the case.

Indian Band Defies Game Department
Daily Olympian
January 22, 1964
by Mike Conant

It looks like more trouble along the Nisqually River.

State Game Department officials still were in a huddle Wednesday noon to decide what to do about a group of redmen who have chosen to ignore state borders and net fish where they please along the river.

This latest skirmish also has drawn the fire of officials of the Nisqually Indian Tribal Council, who disown the fishermen with the charge: “They’re not Nisquallys. They’re renegades.”

A spokesman for the State Game Department’s enforcement division reports that Walter Neubrech, division chief, was in conference Wednesday forenoon with department attorneys. He said they were deciding if action, either in the form of criminal proceedings or an injunction, would be taken to halt the fishing.

It was Neubrech’s division which two years ago this January arrested a half a dozen Indians on the Nisqually River. The charge was the men were non-treaty Indians and have no right under the Medicine Creek Treaty of 1854 to fish the Nisqually. Some convictions followed the arrests.

Now the Game Department has additional backing from a recent State Supreme Court decision empowering it to curb Indian fishing with an eye toward conservation of salmon.

It was in the face of this newly acquired power that the Nisqually Tribal council last week agreed to fish only from the reservation side of the river.

About a dozen Indians defies new State Game Department restrictions in a ceremony which pledged their allegiance to the U.S. government, rather than state authority.

Place picked for the stand was Frank’s Landing, a non-reservation clearing at the lower part of the Nisqually River where Indian fishermen unload and sell their fish for commercial market.

The Indians lowered a white flag of truce staffed last week, and in its place unfurled the Stars and Stripes. Attached to the flagpole was a sign declaring, “We’re fishing under the treaty signed in 1854 with the U.S. Government.” Then at dusk, gillnets were set near the flag.

The landing is owned by Bill Frank, a Nisqually, who said of the Supreme Court decision: “The court didn’t say we had to stop, but only that the Game Department could control our fishing. We are catching mainly chum salmon, or dog salmon as some people call them, and a few steelhead.

“We have no trouble with Fisheries Department over catching chum salmon – only with sportsmen over the few steelhead we take. We’re not depleting the salmon.”

Backing Frank is Mrs. Janet McCloud, an Indian woman whose husband, Don, a Puyallup Indian, fishes the Nisqually. She opposes what she calls the Game Department’s theory that steelhead belong to the white men.

“They must think the steelhead swam over behind the Mayflower,” she said. “With or without the Indians’ help, the white man is going to deplete the salmon run – just like the buffalo.”

In contrast to the ceremonial revolt were statements by Reuben Wells, chairman of the Nisqually Tribal Council, and Mrs. Eleanor Kover, secretary.

Both said the tribal council has agreed for the time being to abide by Game Department restrictions against fishing off non-reservation land. Both assert the ceremony was staged by renegade Indians, who are not members of the Nisqually tribe.

Wells and Mrs. Kover say arguments with the Game Department will be fought through the courts, and not by an uprising. The pair was expected to meet Wednesday afternoon with David L. Esperance from the Everett office of the U.S. Bureau of Indian Affairs to decide their next move.

The problem of which Indian fishermen actually belong to the Nisqually tribe has been in focus ever since the Game Department’s series of arrests in January, 1962.

Wells and Mrs. Kover often have stated their opposition to statements by Mrs. McCloud, who they say is not a Nisqually and possesses no authority to speak for the tribe.

Mrs. Kover said it is the Tribal Council that for a long time has allowed non-member Indians to fish the river. “Now they are the ones who are causing all the trouble,” said she.

Brando Companion Free: Court Victory for Indians
Seattle Times
March 11, 1964

TACOMA. March 11-(UPI)- A Puyallup Indian who took Marlon Brando and a San Francisco preacher fishing in an effort to defy the law saw his case dismissed yesterday.

Bob Satiacum of Fife had been ordered to appear before Judge William LeVeque, who is presiding over the Pierce County Superior Court, to show why he should not face charges of contempt.

But Judge LeVeque dismissed the case on grounds that Satiacum was fishing only for his personal use and consumption” and not for commercial purposes.

The original court order, Judge LeVeque explained, only prohibited Indians from fishing commercially without first posting a $1,000 bond.

Brando and the Rev. John Yaryan were arrested by game protectors when they stepped ashore from a canoe after netting two steelhead in the Puyallup while accompanying Satiacum. Prosecutor John McCutcheon refused to file charges against them.

Janet McCloud, a Nisqually, announced that she and wives of five other Indians jailed for illegal fishing, would conduct a fish-in in the Nisqually at Franks Landing today.

Mrs. McCloud’s husband Don, along with Jack McCloud, Nugent Kautz, Herman Johns and Lavin Bridges are serving 30 days in the Pierce County jail for contempt of court because they defied a court order and dipped their nets into the Nisqually February 19 and again last Wednesday.

A sixth Nisqually, Bill Franks, Jr., was jailed today. He had been unable to participate in last Wednesday’s fish-in but violated the order yesterday, saying he wanted to join his tribesmen in jail.

Brando, S.F. Cleric, Indian Arrested for Fishing Illegally
March 2, 1964.

Marlon Brando, actor, and the Rev. Canon John Yaryan of San Francisco went fishing with an Indian in the Puyallup River this morning and were arrested by a representative of the State Game Department.

Brando, Canon Yaryan, of the staff of Grace Episcopal Cathedral in San Francisco and Bob Satiacum, a Puyallup Indian from Fife, put their nets in the water from a long boat just north of Highway 99 at the Tacoma city limits.

The three caught two steelhead as they drifted a short distance down the river. Representatives of the State Game Department were waiting on the bank when the long boat reached the shore.

The actor and the clergyman were taken to the Pierce County jail to be charged with illegal fishing.

“Your purpose is to openly defy the state law?” the Game Department representative asked Brando.

” My purpose is to help these Indians, ” Brando replied.

Brando told the law-enforcement officer he was merely “helping some Indian friends fish.”

The Game Department representative told Brando: “I won’t argue with you. You should have your day in court. I think that’s what you’re looking for.” Brando, who was carrying one of the fish he had caught, handed it to an Indian friend and climbed into the Game Department car. A Game Department man took the fish.

An estimated 200 Indians waiting on the river bank glowered at the Game Department officials.

” You can’t do this to us. We have a treaty, ” one Indian woman yelled.

“What are you going to do with the fish, give them to some white man? ” a young Indian mother with a baby strapped to her back shouted.

“To hell with you!” another Indian woman shrieked at the officers.

The Indians clambered to look at the Game Department car, where Brando and Canon were being held.

“Just push those old white men out of your way. They won’t let you through,” one woman advised another.

Brando told newsmen he was not purposely looking for publicity, but merely helping the Indians maintain their treaty-guaranteed rights.

“They have little left, ” he said. “Everything has been taken from them. They intend to hang on to these fishing rights.” . . .

In Olympia, Governor Rosellini, said “the laws of the State of Washington are to be enforced uniformly without discrimination for or against our citizens of other states.”

“From the Information I get, this was a deliberate violation of the laws of the State of Washington as such the Game Department people had a responsibility to enforce the laws,” the Governor added.

Ellsworth Sawyer, a state game inspector, said the charge of illegally fishing carries a penalty of $250 to $1,000 fine and up to 30 days in jail.

In Olympia, John Biggs, director of the State Game Department, pointed out that Indians already are under injunctions forbidding them to fish the streams in violation of state conservation laws.

Indians assert they have treaty rights permitting them to fish in their usual and accustomed places.

Proud But Sad: Wife Cries as Indian Faces Jail to Assert Fish “Rights”
Seattle Times
March 5, 1964
by Marshall Wilson

“White men say squaws don’t cry; I’m not crying yet.” Mrs. Janet McCloud said yesterday morning on the banks of the Nisqually River. But tears were streaming down her cheeks as she said it.

Mrs. McCloud had just wished her husband, Don, good luck as he cast off in an Indian boat to tend his nets in defiance of a Pierce County Superior Court order.

“Five of our men will absolutely go to jail today,” Mrs. McCloud predicted. Her husband was one of the five.

The five men are already under 30-day sentences, suspended, for previous violation of court orders prohibiting off-reservation net fishing in “usual and accustomed places” as guaranteed in a treaty of 1854.

The McClouds, married for 13 years last month, are the parents of nine children whose ages range from two to 12 years.

“Don is our sole support,” Mrs. McCloud said. “He also supports my mother.”

The Nisqually group invited Marlon Brando, actor to participate in their “fish-in.” A note of bitterness was sounded at Franks Landing, where the group fished yesterday.

“I’m all for Marlon, I’m a fan of his,” Mrs. McCloud told newsmen.

But when her husband tended his nets in front of Game Department agents, and returned to the shore with two steelhead, Mrs. McCloud said proudly:
“Our men have guts. They don’t need a Marlon Brando in the boat with them.”
Mrs. McCloud exchanged words with Walter Neubrech, chief enforcement officer for the State Game Department, before most Indians arrived.

“You must be Mrs. McCloud,” Neubrech said as he approached her in the fish house. “I’ve heard of you.”

“I’m Walter Neubrech,” he said.

“And I’ve heard of you,” she answered.

“Do you know where Marlon Brando is?” Neubrech asked.

“No, why should I?” Mrs. McCloud replied. “We’re not fighting for the white man’s right to fish. We can’t understand why a white man can go fishing on an Indian river and you don’ t do anything about it.”

“Whom do you mean?” Neubrech said.

“Marlon Brando,” she said.

“We did all we could about that,” Neubrech said. “It was a blow to us, too.”

The Indians made their point-fished in their river and scattered to their homes on the reservation-waiting for the return of the Game Department officials with arrest warrants.

Indians Claim Extension of Fish Rights Near Frank’s Landing On Nisqually
Seattle P.I.
April 21, 1964

OLYMPIA- A group of Indian fishermen claimed today that the Nisqually River near Frank’s Landing, where they work their nets, is a part of the Nisqually Reservation.

Bill Frank Jr., owner of the landing, said that early records clearly show that the area where he and three other Indians set gillnets today was part of the reservation.

Frank, Don McCloud, Jack McCloud and Al Bridges set their nets after posting crudely lettered signs proclaiming “US Gov. Indian Res., No Tres.”

Ellsworth “Buzz” Sawyer, district game protector, said the Frank’s Landing area was not a part of the reservation. He said the boundary was several hundred yards farther upstream. The four Indian who fished today were among a group of six Nisquallies who served 30 days in the Pierce County Jail recently for contempt of court. They were convicted of violating an injunction prohibiting off reservation net fishing by Indians in the river.

Indians are permitted to fish any way they wish within the boundaries of the reservation. Gene Fennimore, a game department patrolman, said the Indians probably would be arrested if they continued to fish the stream.

Frank said that his property was considered part of the reservation by the Bureau of Indian Affairs, “except for fishing.”

He claimed that his children were entitled to $200 a year subsidy which reservation Indian children receive for attending school.

Janet McCloud, president of the Association For The Preservation of the American Indian, said that the Indians would continue to fight to save their fishing rights.

She said that the treaty of Medicine Creek, signed in 1855 by the U.S. Government and several Puget Sound Indian tribes, gives the Indians complete rights to fish as they please in their “usual and accustomed grounds.”

“The white men have no fishing rights except what the Indians gave them,” she said.

Mrs. McCloud, Don McCloud’s wife, read from the minutes of the meeting with the Indians that led to the treaty. She claimed that the U.S. government had promised to pay the Indians for their land.

“When are they going to pay?” she demanded. “We haven’t gotten anything yet.”

“Now they are talking about paying for our fishing rights,” she continued. “We haven’t been paid for our land yet.”

1963 – Indian Fishing Rights

Indian Fishermen Files Suit Over Nisqually River Arrest
Daily Olympian
June 26, 1963

Olympia, Washington: A fishing squabble that bubbled up in the banks of the Nisqually River carried a $156,000 price tag when it flowed into U.S. District Court in Seattle this week, 18 months after agents of the State Game Department arrested five Indians on charges of illegal fishing.Melvin Iyall, about 35, who says he’s a Nisqually Indian, is seeking a judgment of $156,000 from five state officials, charging he was unlawfully arrested in January, 1962. That’s when Iyall and four other Indians were lodged in a Pierce County jail for allegedly fishing without sanction of the Medicine Creek Treaty of 1855.

The arrests stirred up discontent in the Nisqually Reservation. Much if the debate centered on who held fishing rights under the century-old treaty signed by representatives of the Nisqually tribe and the Federal government. State officials take the stand that only Nisqually Indians are allowed the run of the treaty fishing grounds.

Named as defendants in the Seattle suit are the marital communities of George C. Starland, director of the State Department of Fisheries; John A. Biggs, director of the Department of Game; Walter Neubrech, chief enforcement officer for the Game Department; Ellsworth (Buzz), Slayer, chief game protector for this area, and Roy Betlach, chief of the State Patrol.

As a Nisqually, Iyall maintains his civil rights under the U.S. Constitution and the Medicine Creek Treaty were violated at the time of his arrest. (His attorney says charges later were dropped against Iyall and his fishing gear returned two months after the arrest, when it was established that he was a member of the Nisqually Tribe.)

Iyall also says the arrest held him up to public scorn. He further alleges that he suffered irreparable damages to his reputation in the community and the Nisqually Tribe. Iyall now is said to be living in Tacoma.
 

Fish Ban Request Irks Nisqually
The Olympian
October 20, 1963

The Nisqually Indians Saturday were studying a request by the State Fisheries Department that they call a temporary halt to salmon fishing in the Nisqually River. The tribal council, meeting at the Nisqually Grange Hall to elect new officers, had before them a letter asking the closure to parallel a ban on commercial silver salmon fishing in Puget Sound.At the same time, members of the tribe were complaining of harassment by the Fisheries Department. Kennith H. Hartman of Tumwater, a Nisqually, said the tribe had recieved word only Friday that the closure was desired to permit silvers to escape to spawning beds. The request came in a letter to the tribe from the Bureau of Indian Affairs at Everett. The letter told the Nisquallys the state desired the closure and was curtailing commercial fishing by non-Indians on Puget Sound. The silver run this year, unlike that of other salmon, has been poor.

The first the Nisquallys knew of the department’s wishes, Hartman said, was when they read an Associated Press story in Friday’s Daily Olympian stating that the tribe had failed to answer a department request. The story said two other tribes on Puget Sound, the Swinomish and the Tulalip, had agreed to a voluntary breather in netting silvers on the Snohomish River and in Skagit Bay.

Hartman said the Nisquallys considered the charge a further “dig” at the tribe in its long feud with the department.

He maintained that the silver salmon run was just beginning in the Nisqually, and fishing in the river had not yet had any effect on the silvers. He said the runs begin at different times in different streams.

Hartman said the silver runs on the Skagit and Snohomish have almost ended. The Tulalip and Swinomish tribes, he said, could easily afford to call a halt to fishing since few fish were going up the streams now.

Hartman said the letter from the Bureau of Indian Affairs was addressed to his sister, Mrs. Elinor Kover, secretary of the tribal council, and Mrs. Mildred Ikebe, the council chairman.

“If any letter had come from the Fisheries Department they’d have known about it,” he said.

Hartman said the Nisquallys have cooperated with the department in permitting escapement of fish to upper reaches of the river.

“We’ve been getting bad publicity,” he said, adding that the Nisquallys have maintained an official closure of weekend fishing for years.

“These fishermen know what this means to them,” he said, adding that the majority observe the ban.

He said two years ago two members of the tribe sent to the fish hatchery on the Green River some quarter million salmon eggs. Under an agreement with the department half of the fingerlings hatched from these eggs were kept by the state and the other half released by the Indians in the Nisqually.
Hartman said the tribe is studying a plan to establish a small hatchery, to be owned by the tribe, on a tributary stream of the Nisqually.

Nisqually Council Restricts Fishing
Daily Olympian
October 21, 1963

The Nisqually Tribal Council has restricted week end fishing in their river in an effort to allow silver salmon to escape into spawning beds.The decision stems from a request by the State Fisheries Department, which asks that silver salmon be curtailed because the run of salmon has been poor.

Meeting Saturday in the Nisqually Grange Hall, the tribal council voted that all fish nets should be pulled from the Nisqually River between ten o’clock Saturday morning and Sunday noon until further notice.

Mrs. Elanor Kover, secretary of the group, said she believes the State Fisheries Department wanted more extensive curtailment, however the vote was to enforce only the week end ban.

Backing up the week-end halt to fishing, the Tribal Council elected two river patrolmen – Billy Frank, Jr., and Bap Derickson. Their job is to ensure that no nets are left in the water during the designated hours.

The Nisqually say their silver salmon run just beginning in the Nisqually, and fishing in the river has not yet had any effect in the silvers. They say that runs begin at different times in different streams.

In other business at the tribal meeting, members elected a new chairman. He is Ruben Wells, who replaces Mrs. Mildred Ikebe. Re-elected to their positions were Mrs. Kover, the secretary, and Ernest Gleason, treasurer.

Indian Fish-Netting Barred in Puyallup
The Seattle Times
November 13, 1963
by Enos Bradner

An order barring Indian fish netting in the Puyallup River was issued late yesterday by Judge Robert Jacques in Pierce County Superior Court.The temporary injunction was granted on a request by the State Game Department and the State Department of Fisheries.

A hearing has been set for November 26 for the issuing of a permanent injunction against Indian gill netting in the Puyallup.

Walt Neubrech, chief of law enforcement for the Game Department, and Robert Josephson, chief of law enforcement for the Fisheries Department, today were issuing stop orders against the Indians netting.

There were 44 individual Indians named in the order granted yesterday, and the writ also applies to any individual engaged in illegal netting practices in the lower part of the river.

John Biggs, state game director, said the department had reached the crossroad in its steelhead program and had to make a firm decision on future policy.

Biggs said the department had engaged in an accelerated plant of steelhead in the past ten years. On rivers such as the Puyallup greater plants of steelhead have resulted in a larger take of fish by the Indians.

Steelhead are reared from moneys obtained from sportsmen’ s license funds. Biggs said the department is in a greater bind than in the past because of decreasing operating funds.

Biggs pointed out that in the steelhead sports catch for 1962 only three of the top 25 winter rivers showed a decrease in the sports take, the Puyallup, Nisqually and Cowlitz. The first two are ” Indian” rivers.

December has been the top month for sport catch of steelhead in the Puyallup, almost twice as good as January, the next best month. The 1962 plant in the Puyallup was 70,000 steelhead, due to return this winter.

This order is a tie-in with the restraining order issued against the Muckleshoots barring netting on the Green River, which was granted November 7 in King County Superior Court by Judge Sollie Ringold.

Fishing by Indians in Puyallup Halted
The Olympian
November 13, 1963

TACOMA (AP) – A temporary order restraining the Puyallup Indians and any other Indian fishing on the Puyallup River was issued in Pierce County Superior Court Tuesday by Judge Robert Jacques.The order was sought by the State Fisheries Department. A hearing on the injunction is scheduled November 26.

It was the second river in the state to be closed recently to Indian fishing.

A King County Superior Court judge has barred Muckleshoot Indians from fishing in the Green River so salmon can escape to an upstream hatchery.

***Game Department Director John Biggs and the State Game Commission recently decided the state organization had reached a crossroads with the Indians on the matter, Clark Pratt, Game Department information education representative, said Wednesday.

For the past 10 years, he added, the department has accelerated a steelhead planting program and feels it is subsidizing Indians who fish commercially with nets in the river.

“The greater we expand the planting the greater the Indians’ take becomes. The planting program is actually being financed by sportsmen,” Pratt said.

Patrol inspectors for both departments began issuing stop orders Wednesday morning to 44 individuals and any other fisherman on the river.

Pratt pointed out that of the 25 top steelhead fishing streans in the state for the 1961-62 season only three showed a decrease in take. They were the Puyallup, Nisqually and the Cowlitz. Last year a plant of 70,000 steelhead was made in the Puyallup.

***A Fisheries Department spokesman said the restraining order also was aimed at protecting the remnants of a silver salmon run headed upstrean for a department hatchery at Orting. The spokesman said Indian catches in the river have increased from several hundred salmon in 1953, when they began fishing the strean to about 70,000 a year at this time. Robert S. Robison, supervisor of administrative services, said only a couple hundred salmon have been reaching the hatchery each season, rather than up to 3,000 a year as in the past.

State Shifts Tactics In Indian Fishing War
The Sunday Olympian
November 17, 19

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State officials, weary of what they feel have been fruitless efforts to protect fishing stocks, are trying new strategy in their in legal battle to keep Indian nets out of rivers rich with salmon and steelhead.

One new approach is to question whether some Indian tribes with special fishing rights exist anymore.

“We are also trying to shift the burden of proof from the state to the Indian.” says Robert Robison, supervisor of administrative services for the Fisheries Department.

Previously, Robison says, it has been difficult to convince the courts that Indians were guilty under criminal statutes.

“But now,” he continued, “we are trying civil action by claiming financial damages and forcing the Indians to prove they are not hurting fish resources.”

The new strategy has been at least partially successful in two recent cases.

King County Superior Court barred Muckleshoot Indians from fishing in the Green River and Pierce County Superior Court temporarily restrained the Puyallup Indians from fishing the Puyallup River.

Indians and the state are arguing over about 20 rivers, most of them in Western Washington.

At present the battle is being fought in the courtroom, but it hasn’t always been that way.

In the past the fight has been carried to the river banks, where non-Indian sports fishermen have lost their tempers and torn out Indian nets and groups of Indians have battled among themselves for choice fishing spots .

Indians have the same fishing rights as non-Indians. That is, they can use a hook and line to go after sports fish such as steelhead and use nets to go after commercial fish such as salmon in certain circumstances.

The fight between Indians on one hand and the state and non-Indians on the other hand arises from treaties signed between Indians and the federal government as much as a century ago. These treaties gave Indians the additional rights to unrestricted fishing in their “usual and accustomed places.”

The state contends this means on the reservations, but Indians give “usual and accustomed places” a broader meaning.

Also, the state now claims these treaties were signed with tribes, not individual Indians, and that tribes such as the Puyallup disappeared when their lands were broken up. The Indians argue the tribes still exist.

The crux of the problem is economic.

The state says fishing stocks are an essential resource that must be protected by stringent conservation practices.

It claims unrestricted fishing be Indians has been ruinous to conservation programs in certain cases and that much of the money that has gone into the program has become just a subsidy for Indians.

“The greater we expand the planting, the greater the Indians’ take become,” says a spokesman for the Game Department. “The planting program is actually being financed by sportsmen.”

The Indians, too, argue they have an economic stake in fishing. They say they were dependent in fish long before the white men came and that for them it’s still a matter of fish or starve.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

An order barring Indian fish netting in the Puyallup River was issued late yesterday by Judge Robert Jacques in Pierce County Superior Court.The temporary injunction was granted on a request by the State Game Department and the State Department of Fisheries.

A hearing has been set for November 26 for the issuing of a permanent injunction against Indian gill netting in the Puyallup.

Walt Neubrech, chief of law enforcement for the Game Department, and Robert Josephson, chief of law enforcement for the Fisheries Department, today were issuing stop orders against the Indians netting.

There were 44 individual Indians named in the order granted yesterday, and the writ also applies to any individual engaged in illegal netting practices in the lower part of the river.

John Biggs, state game director, said the department had reached the crossroad in its steelhead program and had to make a firm decision on future policy.

Biggs said the department had engaged in an accelerated plant of steelhead in the past ten years. On rivers such as the Puyallup greater plants of steelhead have resulted in a larger take of fish by the Indians.

Steelhead are reared from moneys obtained from sportsmen’ s license funds. Biggs said the department is in a greater bind than in the past because of decreasing operating funds.

Biggs pointed out that in the steelhead sports catch for 1962 only three of the top 25 winter rivers showed a decrease in the sports take, the Puyallup, Nisqually and Cowlitz. The first two are ” Indian” rivers.

December has been the top month for sport catch of steelhead in the Puyallup, almost twice as good as January, the next best month. The 1962 plant in the Puyallup was 70,000 steelhead, due to return this winter.

This order is a tie-in with the restraining order issued against the Muckleshoots barring netting on the Green River, which was granted November 7 in King County Superior Court by Judge Sollie Ringold.

Fishing by Indians in Puyallup Halted
The Olympian
November 13, 1963

TACOMA (AP) – A temporary order restraining the Puyallup Indians and any other Indian fishing on the Puyallup River was issued in Pierce County Superior Court Tuesday by Judge Robert Jacques.The order was sought by the State Fisheries Department. A hearing on the injunction is scheduled November 26.

It was the second river in the state to be closed recently to Indian fishing.

A King County Superior Court judge has barred Muckleshoot Indians from fishing in the Green River so salmon can escape to an upstream hatchery.

***Game Department Director John Biggs and the State Game Commission recently decided the state organization had reached a crossroads with the Indians on the matter, Clark Pratt, Game Department information education representative, said Wednesday.

For the past 10 years, he added, the department has accelerated a steelhead planting program and feels it is subsidizing Indians who fish commercially with nets in the river.

“The greater we expand the planting the greater the Indians’ take becomes. The planting program is actually being financed by sportsmen,” Pratt said.

Patrol inspectors for both departments began issuing stop orders Wednesday morning to 44 individuals and any other fisherman on the river.

Pratt pointed out that of the 25 top steelhead fishing streans in the state for the 1961-62 season only three showed a decrease in take. They were the Puyallup, Nisqually and the Cowlitz. Last year a plant of 70,000 steelhead was made in the Puyallup.

***A Fisheries Department spokesman said the restraining order also was aimed at protecting the remnants of a silver salmon run headed upstrean for a department hatchery at Orting. The spokesman said Indian catches in the river have increased from several hundred salmon in 1953, when they began fishing the strean to about 70,000 a year at this time. Robert S. Robison, supervisor of administrative services, said only a couple hundred salmon have been reaching the hatchery each season, rather than up to 3,000 a year as in the past.

State Shifts Tactics In Indian Fishing War
The Sunday Olympian
November 17, 19

63
State officials, weary of what they feel have been fruitless efforts to protect fishing stocks, are trying new strategy in their in legal battle to keep Indian nets out of rivers rich with salmon and steelhead.

One new approach is to question whether some Indian tribes with special fishing rights exist anymore.

“We are also trying to shift the burden of proof from the state to the Indian.” says Robert Robison, supervisor of administrative services for the Fisheries Department.

Previously, Robison says, it has been difficult to convince the courts that Indians were guilty under criminal statutes.

“But now,” he continued, “we are trying civil action by claiming financial damages and forcing the Indians to prove they are not hurting fish resources.”

The new strategy has been at least partially successful in two recent cases.

King County Superior Court barred Muckleshoot Indians from fishing in the Green River and Pierce County Superior Court temporarily restrained the Puyallup Indians from fishing the Puyallup River.

Indians and the state are arguing over about 20 rivers, most of them in Western Washington.

At present the battle is being fought in the courtroom, but it hasn’t always been that way.

In the past the fight has been carried to the river banks, where non-Indian sports fishermen have lost their tempers and torn out Indian nets and groups of Indians have battled among themselves for choice fishing spots .

Indians have the same fishing rights as non-Indians. That is, they can use a hook and line to go after sports fish such as steelhead and use nets to go after commercial fish such as salmon in certain circumstances.

The fight between Indians on one hand and the state and non-Indians on the other hand arises from treaties signed between Indians and the federal government as much as a century ago. These treaties gave Indians the additional rights to unrestricted fishing in their “usual and accustomed places.”

The state contends this means on the reservations, but Indians give “usual and accustomed places” a broader meaning.

Also, the state now claims these treaties were signed with tribes, not individual Indians, and that tribes such as the Puyallup disappeared when their lands were broken up. The Indians argue the tribes still exist.

The crux of the problem is economic.

The state says fishing stocks are an essential resource that must be protected by stringent conservation practices.

It claims unrestricted fishing be Indians has been ruinous to conservation programs in certain cases and that much of the money that has gone into the program has become just a subsidy for Indians.

“The greater we expand the planting, the greater the Indians’ take become,” says a spokesman for the Game Department. “The planting program is actually being financed by sportsmen.”

The Indians, too, argue they have an economic stake in fishing. They say they were dependent in fish long before the white men came and that for them it’s still a matter of fish or starve.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

The Nisqually Tribal Council has restricted week end fishing in their river in an effort to allow silver salmon to escape into spawning beds.The decision stems from a request by the State Fisheries Department, which asks that silver salmon be curtailed because the run of salmon has been poor.

Meeting Saturday in the Nisqually Grange Hall, the tribal council voted that all fish nets should be pulled from the Nisqually River between ten o’clock Saturday morning and Sunday noon until further notice.

Mrs. Elanor Kover, secretary of the group, said she believes the State Fisheries Department wanted more extensive curtailment, however the vote was to enforce only the week end ban.

Backing up the week-end halt to fishing, the Tribal Council elected two river patrolmen – Billy Frank, Jr., and Bap Derickson. Their job is to ensure that no nets are left in the water during the designated hours.

The Nisqually say their silver salmon run just beginning in the Nisqually, and fishing in the river has not yet had any effect in the silvers. They say that runs begin at different times in different streams.

In other business at the tribal meeting, members elected a new chairman. He is Ruben Wells, who replaces Mrs. Mildred Ikebe. Re-elected to their positions were Mrs. Kover, the secretary, and Ernest Gleason, treasurer.

Indian Fish-Netting Barred in Puyallup
The Seattle Times
November 13, 1963
by Enos Bradner

An order barring Indian fish netting in the Puyallup River was issued late yesterday by Judge Robert Jacques in Pierce County Superior Court.The temporary injunction was granted on a request by the State Game Department and the State Department of Fisheries.

A hearing has been set for November 26 for the issuing of a permanent injunction against Indian gill netting in the Puyallup.

Walt Neubrech, chief of law enforcement for the Game Department, and Robert Josephson, chief of law enforcement for the Fisheries Department, today were issuing stop orders against the Indians netting.

There were 44 individual Indians named in the order granted yesterday, and the writ also applies to any individual engaged in illegal netting practices in the lower part of the river.

John Biggs, state game director, said the department had reached the crossroad in its steelhead program and had to make a firm decision on future policy.

Biggs said the department had engaged in an accelerated plant of steelhead in the past ten years. On rivers such as the Puyallup greater plants of steelhead have resulted in a larger take of fish by the Indians.

Steelhead are reared from moneys obtained from sportsmen’ s license funds. Biggs said the department is in a greater bind than in the past because of decreasing operating funds.

Biggs pointed out that in the steelhead sports catch for 1962 only three of the top 25 winter rivers showed a decrease in the sports take, the Puyallup, Nisqually and Cowlitz. The first two are ” Indian” rivers.

December has been the top month for sport catch of steelhead in the Puyallup, almost twice as good as January, the next best month. The 1962 plant in the Puyallup was 70,000 steelhead, due to return this winter.

This order is a tie-in with the restraining order issued against the Muckleshoots barring netting on the Green River, which was granted November 7 in King County Superior Court by Judge Sollie Ringold.

Fishing by Indians in Puyallup Halted
The Olympian
November 13, 1963

TACOMA (AP) – A temporary order restraining the Puyallup Indians and any other Indian fishing on the Puyallup River was issued in Pierce County Superior Court Tuesday by Judge Robert Jacques.The order was sought by the State Fisheries Department. A hearing on the injunction is scheduled November 26.

It was the second river in the state to be closed recently to Indian fishing.

A King County Superior Court judge has barred Muckleshoot Indians from fishing in the Green River so salmon can escape to an upstream hatchery.

***Game Department Director John Biggs and the State Game Commission recently decided the state organization had reached a crossroads with the Indians on the matter, Clark Pratt, Game Department information education representative, said Wednesday.

For the past 10 years, he added, the department has accelerated a steelhead planting program and feels it is subsidizing Indians who fish commercially with nets in the river.

“The greater we expand the planting the greater the Indians’ take becomes. The planting program is actually being financed by sportsmen,” Pratt said.

Patrol inspectors for both departments began issuing stop orders Wednesday morning to 44 individuals and any other fisherman on the river.

Pratt pointed out that of the 25 top steelhead fishing streans in the state for the 1961-62 season only three showed a decrease in take. They were the Puyallup, Nisqually and the Cowlitz. Last year a plant of 70,000 steelhead was made in the Puyallup.

***A Fisheries Department spokesman said the restraining order also was aimed at protecting the remnants of a silver salmon run headed upstrean for a department hatchery at Orting. The spokesman said Indian catches in the river have increased from several hundred salmon in 1953, when they began fishing the strean to about 70,000 a year at this time. Robert S. Robison, supervisor of administrative services, said only a couple hundred salmon have been reaching the hatchery each season, rather than up to 3,000 a year as in the past.

State Shifts Tactics In Indian Fishing War
The Sunday Olympian
November 17, 19

63
State officials, weary of what they feel have been fruitless efforts to protect fishing stocks, are trying new strategy in their in legal battle to keep Indian nets out of rivers rich with salmon and steelhead.

One new approach is to question whether some Indian tribes with special fishing rights exist anymore.

“We are also trying to shift the burden of proof from the state to the Indian.” says Robert Robison, supervisor of administrative services for the Fisheries Department.

Previously, Robison says, it has been difficult to convince the courts that Indians were guilty under criminal statutes.

“But now,” he continued, “we are trying civil action by claiming financial damages and forcing the Indians to prove they are not hurting fish resources.”

The new strategy has been at least partially successful in two recent cases.

King County Superior Court barred Muckleshoot Indians from fishing in the Green River and Pierce County Superior Court temporarily restrained the Puyallup Indians from fishing the Puyallup River.

Indians and the state are arguing over about 20 rivers, most of them in Western Washington.

At present the battle is being fought in the courtroom, but it hasn’t always been that way.

In the past the fight has been carried to the river banks, where non-Indian sports fishermen have lost their tempers and torn out Indian nets and groups of Indians have battled among themselves for choice fishing spots .

Indians have the same fishing rights as non-Indians. That is, they can use a hook and line to go after sports fish such as steelhead and use nets to go after commercial fish such as salmon in certain circumstances.

The fight between Indians on one hand and the state and non-Indians on the other hand arises from treaties signed between Indians and the federal government as much as a century ago. These treaties gave Indians the additional rights to unrestricted fishing in their “usual and accustomed places.”

The state contends this means on the reservations, but Indians give “usual and accustomed places” a broader meaning.

Also, the state now claims these treaties were signed with tribes, not individual Indians, and that tribes such as the Puyallup disappeared when their lands were broken up. The Indians argue the tribes still exist.

The crux of the problem is economic.

The state says fishing stocks are an essential resource that must be protected by stringent conservation practices.

It claims unrestricted fishing be Indians has been ruinous to conservation programs in certain cases and that much of the money that has gone into the program has become just a subsidy for Indians.

“The greater we expand the planting, the greater the Indians’ take become,” says a spokesman for the Game Department. “The planting program is actually being financed by sportsmen.”

The Indians, too, argue they have an economic stake in fishing. They say they were dependent in fish long before the white men came and that for them it’s still a matter of fish or starve.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

An order barring Indian fish netting in the Puyallup River was issued late yesterday by Judge Robert Jacques in Pierce County Superior Court.The temporary injunction was granted on a request by the State Game Department and the State Department of Fisheries.

A hearing has been set for November 26 for the issuing of a permanent injunction against Indian gill netting in the Puyallup.

Walt Neubrech, chief of law enforcement for the Game Department, and Robert Josephson, chief of law enforcement for the Fisheries Department, today were issuing stop orders against the Indians netting.

There were 44 individual Indians named in the order granted yesterday, and the writ also applies to any individual engaged in illegal netting practices in the lower part of the river.

John Biggs, state game director, said the department had reached the crossroad in its steelhead program and had to make a firm decision on future policy.

Biggs said the department had engaged in an accelerated plant of steelhead in the past ten years. On rivers such as the Puyallup greater plants of steelhead have resulted in a larger take of fish by the Indians.

Steelhead are reared from moneys obtained from sportsmen’ s license funds. Biggs said the department is in a greater bind than in the past because of decreasing operating funds.

Biggs pointed out that in the steelhead sports catch for 1962 only three of the top 25 winter rivers showed a decrease in the sports take, the Puyallup, Nisqually and Cowlitz. The first two are ” Indian” rivers.

December has been the top month for sport catch of steelhead in the Puyallup, almost twice as good as January, the next best month. The 1962 plant in the Puyallup was 70,000 steelhead, due to return this winter.

This order is a tie-in with the restraining order issued against the Muckleshoots barring netting on the Green River, which was granted November 7 in King County Superior Court by Judge Sollie Ringold.

Fishing by Indians in Puyallup Halted
The Olympian
November 13, 1963

TACOMA (AP) – A temporary order restraining the Puyallup Indians and any other Indian fishing on the Puyallup River was issued in Pierce County Superior Court Tuesday by Judge Robert Jacques.The order was sought by the State Fisheries Department. A hearing on the injunction is scheduled November 26.

It was the second river in the state to be closed recently to Indian fishing.

A King County Superior Court judge has barred Muckleshoot Indians from fishing in the Green River so salmon can escape to an upstream hatchery.

***Game Department Director John Biggs and the State Game Commission recently decided the state organization had reached a crossroads with the Indians on the matter, Clark Pratt, Game Department information education representative, said Wednesday.

For the past 10 years, he added, the department has accelerated a steelhead planting program and feels it is subsidizing Indians who fish commercially with nets in the river.

“The greater we expand the planting the greater the Indians’ take becomes. The planting program is actually being financed by sportsmen,” Pratt said.

Patrol inspectors for both departments began issuing stop orders Wednesday morning to 44 individuals and any other fisherman on the river.

Pratt pointed out that of the 25 top steelhead fishing streans in the state for the 1961-62 season only three showed a decrease in take. They were the Puyallup, Nisqually and the Cowlitz. Last year a plant of 70,000 steelhead was made in the Puyallup.

***A Fisheries Department spokesman said the restraining order also was aimed at protecting the remnants of a silver salmon run headed upstrean for a department hatchery at Orting. The spokesman said Indian catches in the river have increased from several hundred salmon in 1953, when they began fishing the strean to about 70,000 a year at this time. Robert S. Robison, supervisor of administrative services, said only a couple hundred salmon have been reaching the hatchery each season, rather than up to 3,000 a year as in the past.

State Shifts Tactics In Indian Fishing War
The Sunday Olympian
November 17, 19

63
State officials, weary of what they feel have been fruitless efforts to protect fishing stocks, are trying new strategy in their in legal battle to keep Indian nets out of rivers rich with salmon and steelhead.

One new approach is to question whether some Indian tribes with special fishing rights exist anymore.

“We are also trying to shift the burden of proof from the state to the Indian.” says Robert Robison, supervisor of administrative services for the Fisheries Department.

Previously, Robison says, it has been difficult to convince the courts that Indians were guilty under criminal statutes.

“But now,” he continued, “we are trying civil action by claiming financial damages and forcing the Indians to prove they are not hurting fish resources.”

The new strategy has been at least partially successful in two recent cases.

King County Superior Court barred Muckleshoot Indians from fishing in the Green River and Pierce County Superior Court temporarily restrained the Puyallup Indians from fishing the Puyallup River.

Indians and the state are arguing over about 20 rivers, most of them in Western Washington.

At present the battle is being fought in the courtroom, but it hasn’t always been that way.

In the past the fight has been carried to the river banks, where non-Indian sports fishermen have lost their tempers and torn out Indian nets and groups of Indians have battled among themselves for choice fishing spots .

Indians have the same fishing rights as non-Indians. That is, they can use a hook and line to go after sports fish such as steelhead and use nets to go after commercial fish such as salmon in certain circumstances.

The fight between Indians on one hand and the state and non-Indians on the other hand arises from treaties signed between Indians and the federal government as much as a century ago. These treaties gave Indians the additional rights to unrestricted fishing in their “usual and accustomed places.”

The state contends this means on the reservations, but Indians give “usual and accustomed places” a broader meaning.

Also, the state now claims these treaties were signed with tribes, not individual Indians, and that tribes such as the Puyallup disappeared when their lands were broken up. The Indians argue the tribes still exist.

The crux of the problem is economic.

The state says fishing stocks are an essential resource that must be protected by stringent conservation practices.

It claims unrestricted fishing be Indians has been ruinous to conservation programs in certain cases and that much of the money that has gone into the program has become just a subsidy for Indians.

“The greater we expand the planting, the greater the Indians’ take become,” says a spokesman for the Game Department. “The planting program is actually being financed by sportsmen.”

The Indians, too, argue they have an economic stake in fishing. They say they were dependent in fish long before the white men came and that for them it’s still a matter of fish or starve.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

Indians’ Fishing Curbs Upheld
Daily Olympian
December 17, 1963
by The Associated Press

The State Supreme Court ruled Thursday that the state can restrict Indian fishing on Washington rivers in efforts to protect fish resources. It was a major victory for the State Fisheries and Game Departments in their fight to stop unrestricted net fishing by Indians at the mouths of many rivers. The Indians contended century old treaties gave them the absolute right to fish at usual and accustomed places even though off their reservations. The Supreme Court disagreed in a 7-1 opinion written by Judge Hugh J. Rosellini. The court said Washington acquired the sovereign power to preserve its natural resources when it was admitted to the union, and could not be stripped of the power by implication or deduction from a treaty. The judges said salmon will face extinction in Washington without state action to permit salmon to escape upriver to spawning beds for the reproduction of new stocks. The court reversed a ruling by Judge Charles F. Stafford of Skagit County and called for a new trial in an action brought by the state against an Indian charged with fishing in closed waters. Judge Safford had acquired a Swinomish Indian, Joe McCoy, holding that the 1855 Treaty of Point Elliott granted him immunity form state regulatory powers. The state appealed. McCoy was charged with using a 600-foot nylon gill net from an outboard-motor boat to catch salmon at the mouth of the Skagit River during a 10-day closure imposed by the Fisheries Department. The Supreme Court said the treaty gave Indians the right not to be excluded from their usual and accustomed fishing grounds, but this right did not prevent the state from imposing reasonable and necessary regulations to protect the fishery resources. The high court said regulation of the salmon harvest in salt and fresh water was essential to a conservation program. “It is regulation that provides the escapement necessary to maintain a perpetual supply of salmon for the harvest of all people,” the court said. Individual self-restraint by the Indians was a poor substitute for proper state regulation, the court said, in view of the “economic bonanza” to be gained by selling the fish at an average of $10 apiece. The judges said previous court opinions indicate the United States can restrict a state’s police power by treaty, but the treaty should if possible be interpreted so as not to override state laws or impair rights arising from them. “There must be a clear and unequivocal expression of congressional will . . . if state powers are to be pre-empted,” the court said. Judges Matthew W. Hill and Richard B. Ott concurred with the results of the majority opinion. But they contended the Indians could fish at the accustomed places without restriction as long as they used gear in vogue at the time the treaty was signed. A dissent was filed by Judge Charles T. Donworth, who argued the court should not disregard the Point Elliott treaty as supreme law of the land. He said Congress should solve the problem. The opinion was not signed by Judge Frank Hale because the case was argued before he came to the court. The ninth member at the time was the late Judge Harry Ellsworth Foster.

1962 – News Articles

Indians Seeing Red Over River Arrests
Daily Olympian
January 11, 1962
by J.C. Walker
 

A new installment in the week’s collection of Thurston County Indian incidents Thursday began to take on the hue of a Hollywood melodrama. One more Indian was arrested Wednesday, making it a full half-dozen charged since the Game Department began its round of fish raids last week end. And it was reported the U.S. Army had taken a hand in keeping fish-catching Nisqually tribesmen off the Pierce County side of the boundary Nisqually River. This is flatly denied by the Army. It was Jack Simmons who was collected by Game Department agents Wednesday as he sat beside a riverbank landing with a load of fish. Agents served Simmons with a Pierce County Superior Court warrant charging him with operating a set net capable of taking game fish. Simmons later posted $100 bail in Tacoma and was released pending a hearing. Nisqually tribesmen Thursday were incensed, a feeling they’ve had all week. They say Simmons was doing nothing more than following his customary fishing rights Ð just like the five other Indians arrested last week end on similar charges. The Game Department holds a different viewpoint. Walter Neubrech, chief enforcement officer, said his men have amassed enough evidence over the last three weeks to sustain charge that Simmons caught steelhead along with dog salmon. Since steelhead is a game fish, the Game Department is concerned. As for Wednesday’s alleged incident involving the Army, no arrests were made, no arrests were contemplated, and the Army doesn’t want to get involved. The excitement apparently started when a retired lieutenant colonel, himself an angler, hitched a ride with an MP jeep along the river. The jeep was stopped by an Indian fisherman, who was looking for two nets reportedly cast adrift. The Army, knowing nothing, shrugged its shoulders, then drove on. As far as the military is concerned, treaty rights for fishing are respected unless Indians happen to wander into an area dangerous to life and limb. This is the only time they are stopped. Despite the trouble over arrests, the Nisqually Indians are sticking to their guns in maintaining they have a right to fish where they always have angled for the big, sea-run food fish nosing up the turgid waters of the Nisqually.

Fish Dangers Seen By Biggs
Daily Olympian
January 14, 1962

State Game Director John A. Biggs declares Washington’s sports fishery, particularly steelhead, is in serious danger of being destroyed unless the State Game Department wins its war against Indian net fishing. Biggs said his department will continue its current crackdown against “non-treaty” Indians who catch fish outside the limits of the 23 reservations in the state.

Enforcement action will not be taken, he said, against treaty or non-treaty Indians who fish on the reservations. In addition, Biggs said no action will be taken against treaty Indians who fish outside their reservations in areas which have been specifically found by the courts to have been their ancesting areas within lands ceded by Indian treaty to the federal government. Indians along the Nisqually River, scene of a Game Department raid last weekend, contend they are fishing in ‘usual and accustomed’ areas. “Our people have been fishing and hunting from Puget Sound to Mt. Rainier ever since any can remember” says Mrs. Mildred Ikebe, chairman of the Nisqually Tribal Council.

“These customary fishing grounds are upheld in the Medicine Creek Treaty of 1855,” She contends. “We’re not hurting the fish, but the Game Department has been trying to get us off the river for a long time.” Biggs said “outside-reservation fishing is increasing tremendously.” He said the problem could mushroom until Indians place nets in every stream of the state.

“What this adds up to is a tremendous threat to the fishery resources of the state,” he asserted. “It’s bad for Indians and whites alike.” Reviewing Indian treaties written during the 1800s, Biggs pointed to sociological changes which have occurred since, blurring rights contained in the treaties and changing physical bloodlines of the present-day Indian. He said it was his hope the courts would move quickly on two fronts-determine the rights today’s Indians have under the old treaties and determine exactly who is an Indian.

In this area-hopes for a judicial settlement of the problem-both the Game Department and Indians are agreed. The Nisqually Indians have said they will retain an attorney and test the department’s treaty versus non-treaty stand. The Quinault Indians have already filed a suit designed to assert what they claim are their treaty rights. Despite Indian protests to the contrary. Biggs again charged them with failing to take steps to conserve fish runs. “There is no conservation as such because anyone who thinks he is an Indian is taking the fish-not to eat but to take down to Portland and sell,” he said. The Nisqually Indians and other tribes claim they do practice conservation.

“We limit ourselves to two nets only stretch them one-third the way across, and we pull in their nets every weekend even though we don’t have to.”

Walter Neubrech, chief enforcement officer for the Game Department, warns that serious trouble may be ahead un less the problem is settle quickly through court action. He said there are two known cases where white men have taken the law into their own hands by going out in force and tearing down Indian nets set in a couple of Olympic Peninsula streams. Neubrech said fist fights over fishing rights have broken out among different tribes of Indians along the Puyallup River.

“Some of them are now packing shotguns,” he said.

Indians Back Set-Net Ban
Seattle Times
January 9, 1962

OLYMPIA, Jan. 9-(A.P.)-Treaty Indians don’t want non treaty Indian fishing with set nets in their rivers and are supporting state efforts to stop the practice, the State Game Department said yesterday. Walter Neubrich, the department’s chief enforcement officer, said that “sportsmen and treaty Indians alike have shown apprehension over the possible effects on fish runs caused by over fishing.” Five non treaty Indians were arrested last weekend by Game Department agents on charges of operating set nets in the Nisqually River. The only tribes with treaty rights to fish the Nisqually are the Nisqually, Puyallup, and Squaxin. Neubrich said the arrests were not related to a new state law banning shipments of steelhead outside the state for sale and did not represent a policy change. “The state recognizes the right of treaty Indians while fishing on their reservations or on usual or accustomed fishing grounds,” Neubrich said.

Indians Up in Arms Over Raid
Daily Olympian
January 9, 1962
by C.J. Walker
Mt. Rainier stood straight and tall Tuesday as rain clouds pulled back to show the old volcano, mirrored white in the rush of the Nisqually River. The omen was enough for the Nisqually Indians to return grimly to their fishing nets under a century old treaty they claim is valid until the same mountain falls, or the green grass withers.As the Indian fishermen continued to net dog salmon and an occasional steelhead from the rain-swollen river, they kept one eye out for agents of the State Game Department, who are not much trusted now after the arrest last week end of five of the Indians brothers. The Game Department maintains the five arrested are non-treaty Indians. The Nisqually say nuts-all five in Thurston County and in an Indian Community. Specifically, the four men and one boy were charged with operating set nets capable of taking game fish. The Nisqually don’t plan to back down without a good fight. But unlike the Indian wars of yesteryear, the latest battle shaping up against the paleface will be conducted in the courts under a system of legal warfare rules originally brought by the white man. The Nisqually Indians plan to retain an attorney, fight the Game Department charges in Tacoma Justice Court, then test this treaty versus non-treaty business before higher state tribunals.

Meantime, the order of the day was to hold tough. One of the strong points Tuesday was a Nisqually River landing just south of the Highway 99 span, a place that doubles in the summer time as a swimming hole and picnic grounds. A fire was blazing on the bank. Children played underfoot. As the men gaffed their fish from canoes, their women stood silently by, occasionally casting suspicious glances at a watching Game Department agent, parked across the river, in his patrol car.

Leader of the group is Mrs. Mildred Ikebe, Nisqually tribal chairman. This matronly head of the Thurston County Indians had plenty to say.

Starting at the top, the Nisquallys already have asked Secretary of the Interior Stewart Udall to investigate the arrests. Queried Mrs. Ikebe in a letter to Washington D.C.: “Do we, as Nisqually Indians, have the right to govern our internal affairs? If so, why aren’t our laws respected as the rules and regulations of the Reservation, and the usual and customary fishing grounds?”

Mrs. Ikebe later explained, “Our people have been fishing and hunting from Puget Sound to Mt. Rainier every since anyone can remember. These customary fishing grounds are upheld in the Medicine Creek Treaty of 1855. We’re not hurting the fish. But the Game Department has been trying to get us off the river for a long time.” As a spokesman for the group, Mrs Ikebe explained that the Indians, themselves, police fishing on the river.

” We limit ourselves to two nets per person. We only stretch them one-third the way across. And we pull in the nets every week end, even though we don’t have to.”

The tribal chairman said that she is the one that issues fishing permits to deserving tribesmen, a practice started three years ago over the results of a similar legal squabble over fishing rights. If someone violates the principles of the permit, it is lifted, making it illegal to continue fishing.

She points out that these practices go far toward making Game Department charges look a bit fantastic, since all five Indians arrested also had tribal permits to fish. The men are Ernest Gleason, Melvin Iyal, Raleigh Kover, Al Bridges, and 17 year old Douglas Derickson.

Figuring that one offending state law deserves a counter block, the Nisqually’s met Monday night in the Reservations Grange Hall with two other tribes-the Puyallup and Squaxin- in an Inter-Tribal Council meeting. Angry words pounded out an air drum beat of resolutions.

One had to do with hiring legal counsel. Another closed the Reservation to support fishing and hunting by white men, and guaranteed confiscation of equipment if a paleface is found violating the ruling. A third resolution ordered the setting up of a Tribal Court, complete with clerk and police officer, to arrest and try persons who commit crimes other than those ten major offenses handled by Federal authorities.

Nisqually River Reservation Busy
Daily Olympian
January 9, 1962
by Mike Conant

For forty years, Ernest Gleason, a Chehalis Indian, had fished the same spot in the muddy Nisqually River. As in the Indian custom, he drops the net in Sunday afternoon and pulls it out for the week end on the following Saturday morning. But last Saturday’s routine was broken by state game protectors who jailed the 62- year old man.Why?

His friends in the Nisqually Valley and Gleason’s wife, Cleo, shrug their shoulders when asked this question. They do not seem angry. Perhaps they are used to ever-changing tides in the relationship of the white man and the Indian. But they are ready to fight to preserve what they feel is their inherent right. Mrs. Gleason says that when her husband was arrested on the river bank Saturday, his net held fifteen dog salmon. There were no steel head in the twine trap which is woven especially to let the game fish pass through. The articulate Mrs. Gleason points out her husband also holds a permit from the Tribal Council to fish the river. If he is a law abiding fisherman, she asks, why was he arrested?

* * *

Apparently the whole thing is a mystery to Gleason, too. Picked up in Thurston County, Gleason was transported to jail in the County City building in Pierce County. He posted $100 bail, as did four other Indians arrested on charges that they are “non-treaty” Indians and had no right to fish the Nisqually River.The State Game Department says the so-called treaty Indians are the Nisquallys, Puyallups and Squaxins. Gleason is a Chehalis. His first wife, who died, was a Nisqually. The present Mrs. Gleason is from Oregon.

Is there such a thing as non-treaty Indians? Many living in the Nisqually Valley feel the only members of this unusual breed are the Seminoles, a tribe in Florida’s Everglades. They admit that they may be mistaken.

The crux of the disagreement probably will be resolved when Indians and white men start probing mid-Eighteenth Century treaties regarding fishing in this area. Naturally the redman is apprehensive. For them, there’s a history of falling through loopholes when old laws are unearthed.

Indians Face Fish Charge
The Daily Olympian
February 12, 19

62

TACOMA (AP)-Six Indians arrested Jan. 6 on counts of illegal fishing in the Nisqually River are to be arraigned at 10 a.m. Wednesday.The six are Douglas Jay Derickson, 18, Olympia; Raleigh Kover, 40, Olympia; Ernest Gleason Sr., 62, Nisqually; Melvin Iyall, 31, Tacoma; Alvin J. Bridges, 51, Nisqually; and John Simmons Jr., 51, of Yelm.

Simmons will appear before Judge Floyd Hicks and the others before Justice of the Peace Elizabeth Shackleford.

The State Game Department charges that the Indians do not belong to the Nisqually, Puyallup or Squaxin tribes, which have the right to fish the river under an 1854 treaty.

The Indians’ attorneys and the Nisqually Tribal Council, however, have produced affidavits claiming that five of the Indians are Nisquallys.

Deputy Prosecutor Frohmander said Saturday this is is disputed by Paul Leschi, a member of the Nisqually Tribal Council until 1943, and several other tribal leaders.

Inside on the Outdoors: Indian Fish-Netting Still Cause Celebre
by Enos Bradner

The Game Department regards the Indian netting of steelhead off a reservation, in the manner in which it is now being conducted, as posing the greatest hazard to the conservation of this game fish in the state’s history.On January 15, members of the Upper Skagit Indian tribe started netting the Skagit River in what they term their usual and accustomed fishing grounds. Game protectors have checked, to date, 423 steelhead from the nets of the eight Indians who have been setting them out.

No arrests have been made on the Skagit. Recent court decisions ruled that the Indians have the right to fish off a reservation in their usual grounds.

The Skagit is the state’s greatest steelhead river. It has led in the sports catch eight times in the past 14 years, the take varying from 12,000 to 21,000 fish annually.

THE SKAGIT STEELHEAD RUN is maintained and bolstered by Game Department regulations and hatchery plants supplied by anglers’ license moneys. Ole Eide, Supervisor in Skagit County, estimates that at least two thirds of the sports come directly from hatchery plants of steelhead.

Indian Service documents show a population of 214 members in the Upper Skagit tribe. If or when these and other tribes in the Skagit Valley move onto the Skagit River in force, the migratory runs of the river could be depleted seriously.

The Puyallup River is a prime example of the impact of an unregulated Indian fishery in an anadromous river. Robert Robison, administrative supervisor in the Fisheries Department, said that no Indian fishery existed in the Puyallup between 1900 and 1953.

In 1953 Indians placed two nets off the mouth of the Puyallup. Their fishery increased steadily until in 1961 the Indians had 40 gill nets, 15 set nets and a trap complex at the river mouth.

THE INDIAN CATCH OF CHINOOKS in the Puyallup increased from none in 1953 to 10,200 in 1961. The catch of humpbacked salmon increased from 143 in 1955 to 18,200 in 1961. The silver catch went from 104 in 1953 to 16,200 in ’61. The take of steeled went from 104 in 1953 to about 4,000 in 1961.

This virtually has depleted the Puyallup River of salmon. The Muckleshoot Indians, whose reservation is on a tributary of the Puyallup, caught 12,000 silvers in 1953 and took only 200 in 1961. The run over Mud Mountain Dam, where the salmon get to their spawning grounds, dropped from 10,000 in 1952 to 500 in 1961.

John Biggs, director of game, has asked Congress to regulate this off-reservation Indian fishing on three different levels of legislation.

Biggs asks that Indians fishing or hunting outside a reservation in their accustomed places be required to abide by state conservation laws and that Congress provide for a definite time to terminate their present rights.

BIGGS ALSO ASKS CONGRESS TO define who are Indians and designate the ones who are entitled to benefit from Indian treaties. Biggs recommends that a person must have at least 25 percent Indian blood to be considered under a treaty.

Biggs further asks that persons who have been classed as Indians by this new act of congress be entitled to file compensation claims with the United States Court of Claims to determine what their rights are and to place a value on them. Biggs feels Congress should not take anything away without paying for it.

Walt Neubrech, head of patrol for the Game Department, said that of the 20,000 Indians in Washington, not more than 2 percent are engaged in fishing for migratory fish. He said that in many cases, the fishery is an individual effort and that the money received from the sale of does not go into tribal-council funds.

NISQUALLY’S CLAIM TREATY RIGHTS FOR JAILED MEN
Daily Olympian
February 7, 1962
TACOMA (AP)- Attorneys for the Nisqually Tribal Council claimed Tuesday that five of the six Indians arrested in the State Game Department’s Jan. 6 surprise raid on the Nisqually River are treaty Indians and had a legal right to be fishing.

Council officials and their Seattle attorneys, Allan Pomeroy and Eugene Zelensky, went to the Pierce county prosecutor with a stack of affidavits to back up their claim.

Pomeroy presented Deputy Prosecutor Fred Frohmader with affidavits signed by Nisqually tribal elders that five of the six arrested Indians are members of the Nisqually tribe.

When 36 State Game Department men swooped down on the Indians Jan. 6, their field commander, Ellsworth O. Sawyer, said all of the arrested Indians were non-treaty Indians.

The Nisquallys, Puyallups and Squaxins were guaranteed the right to fish the Nisqually river in the Medicine Creek treaty of 1855.

All six were charged with illegal gillnetting of game fish (steelhead) by non-treaty Indians. Their arraignments originally were scheduled for Jan. 26 in justice courts here.

At Pomeroy’s request, the arraignments were set over indefinitely to check further into the backgrounds of the Indians.

Frohmader set the meeting here to discuss the state’s position in the cases and look into the backgrounds of the arrested Indians.

After the meeting, Frohmader said his office will investigate the claims made in the affidavits.

The six Indians arrested in the raid were Douglas Jay Derickson, 18, Olympia; Raleigh Kover, 40, Olympia; Ernest Gleason Sr., 62, Nisqually; Melvin Iryall, 31, Tacoma; Alvin J. Bridges, 51, Nisqually; and John Simmons Jr., 51, Yelm. Pomeroy said Gleason is the only one of the six who is not now a tribal member.

However, he said Gleason was married to a Nisqually for many years and had lived on the reservation for 40 years. He said after Gleason’s first wife died, he remarried out of the tribe, but continued to fish the Nisqually.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April

6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April
6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

The Game Department regards the Indian netting of steelhead off a reservation, in the manner in which it is now being conducted, as posing the greatest hazard to the conservation of this game fish in the state’s history.On January 15, members of the Upper Skagit Indian tribe started netting the Skagit River in what they term their usual and accustomed fishing grounds. Game protectors have checked, to date, 423 steelhead from the nets of the eight Indians who have been setting them out.

No arrests have been made on the Skagit. Recent court decisions ruled that the Indians have the right to fish off a reservation in their usual grounds.

The Skagit is the state’s greatest steelhead river. It has led in the sports catch eight times in the past 14 years, the take varying from 12,000 to 21,000 fish annually.

THE SKAGIT STEELHEAD RUN is maintained and bolstered by Game Department regulations and hatchery plants supplied by anglers’ license moneys. Ole Eide, Supervisor in Skagit County, estimates that at least two thirds of the sports come directly from hatchery plants of steelhead.

Indian Service documents show a population of 214 members in the Upper Skagit tribe. If or when these and other tribes in the Skagit Valley move onto the Skagit River in force, the migratory runs of the river could be depleted seriously.

The Puyallup River is a prime example of the impact of an unregulated Indian fishery in an anadromous river. Robert Robison, administrative supervisor in the Fisheries Department, said that no Indian fishery existed in the Puyallup between 1900 and 1953.

In 1953 Indians placed two nets off the mouth of the Puyallup. Their fishery increased steadily until in 1961 the Indians had 40 gill nets, 15 set nets and a trap complex at the river mouth.

THE INDIAN CATCH OF CHINOOKS in the Puyallup increased from none in 1953 to 10,200 in 1961. The catch of humpbacked salmon increased from 143 in 1955 to 18,200 in 1961. The silver catch went from 104 in 1953 to 16,200 in ’61. The take of steeled went from 104 in 1953 to about 4,000 in 1961.

This virtually has depleted the Puyallup River of salmon. The Muckleshoot Indians, whose reservation is on a tributary of the Puyallup, caught 12,000 silvers in 1953 and took only 200 in 1961. The run over Mud Mountain Dam, where the salmon get to their spawning grounds, dropped from 10,000 in 1952 to 500 in 1961.

John Biggs, director of game, has asked Congress to regulate this off-reservation Indian fishing on three different levels of legislation.

Biggs asks that Indians fishing or hunting outside a reservation in their accustomed places be required to abide by state conservation laws and that Congress provide for a definite time to terminate their present rights.

BIGGS ALSO ASKS CONGRESS TO define who are Indians and designate the ones who are entitled to benefit from Indian treaties. Biggs recommends that a person must have at least 25 percent Indian blood to be considered under a treaty.

Biggs further asks that persons who have been classed as Indians by this new act of congress be entitled to file compensation claims with the United States Court of Claims to determine what their rights are and to place a value on them. Biggs feels Congress should not take anything away without paying for it.

Walt Neubrech, head of patrol for the Game Department, said that of the 20,000 Indians in Washington, not more than 2 percent are engaged in fishing for migratory fish. He said that in many cases, the fishery is an individual effort and that the money received from the sale of does not go into tribal-council funds.

NISQUALLY’S CLAIM TREATY RIGHTS FOR JAILED MEN
Daily Olympian
February 7, 1962
TACOMA (AP)- Attorneys for the Nisqually Tribal Council claimed Tuesday that five of the six Indians arrested in the State Game Department’s Jan. 6 surprise raid on the Nisqually River are treaty Indians and had a legal right to be fishing.

Council officials and their Seattle attorneys, Allan Pomeroy and Eugene Zelensky, went to the Pierce county prosecutor with a stack of affidavits to back up their claim.

Pomeroy presented Deputy Prosecutor Fred Frohmader with affidavits signed by Nisqually tribal elders that five of the six arrested Indians are members of the Nisqually tribe.

When 36 State Game Department men swooped down on the Indians Jan. 6, their field commander, Ellsworth O. Sawyer, said all of the arrested Indians were non-treaty Indians.

The Nisquallys, Puyallups and Squaxins were guaranteed the right to fish the Nisqually river in the Medicine Creek treaty of 1855.

All six were charged with illegal gillnetting of game fish (steelhead) by non-treaty Indians. Their arraignments originally were scheduled for Jan. 26 in justice courts here.

At Pomeroy’s request, the arraignments were set over indefinitely to check further into the backgrounds of the Indians.

Frohmader set the meeting here to discuss the state’s position in the cases and look into the backgrounds of the arrested Indians.

After the meeting, Frohmader said his office will investigate the claims made in the affidavits.

The six Indians arrested in the raid were Douglas Jay Derickson, 18, Olympia; Raleigh Kover, 40, Olympia; Ernest Gleason Sr., 62, Nisqually; Melvin Iryall, 31, Tacoma; Alvin J. Bridges, 51, Nisqually; and John Simmons Jr., 51, Yelm. Pomeroy said Gleason is the only one of the six who is not now a tribal member.

However, he said Gleason was married to a Nisqually for many years and had lived on the reservation for 40 years. He said after Gleason’s first wife died, he remarried out of the tribe, but continued to fish the Nisqually.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April

6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April
6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

TACOMA (AP)-Six Indians arrested Jan. 6 on counts of illegal fishing in the Nisqually River are to be arraigned at 10 a.m. Wednesday.The six are Douglas Jay Derickson, 18, Olympia; Raleigh Kover, 40, Olympia; Ernest Gleason Sr., 62, Nisqually; Melvin Iyall, 31, Tacoma; Alvin J. Bridges, 51, Nisqually; and John Simmons Jr., 51, of Yelm.

Simmons will appear before Judge Floyd Hicks and the others before Justice of the Peace Elizabeth Shackleford.

The State Game Department charges that the Indians do not belong to the Nisqually, Puyallup or Squaxin tribes, which have the right to fish the river under an 1854 treaty.

The Indians’ attorneys and the Nisqually Tribal Council, however, have produced affidavits claiming that five of the Indians are Nisquallys.

Deputy Prosecutor Frohmander said Saturday this is is disputed by Paul Leschi, a member of the Nisqually Tribal Council until 1943, and several other tribal leaders.

Inside on the Outdoors: Indian Fish-Netting Still Cause Celebre
by Enos Bradner

The Game Department regards the Indian netting of steelhead off a reservation, in the manner in which it is now being conducted, as posing the greatest hazard to the conservation of this game fish in the state’s history.On January 15, members of the Upper Skagit Indian tribe started netting the Skagit River in what they term their usual and accustomed fishing grounds. Game protectors have checked, to date, 423 steelhead from the nets of the eight Indians who have been setting them out.

No arrests have been made on the Skagit. Recent court decisions ruled that the Indians have the right to fish off a reservation in their usual grounds.

The Skagit is the state’s greatest steelhead river. It has led in the sports catch eight times in the past 14 years, the take varying from 12,000 to 21,000 fish annually.

THE SKAGIT STEELHEAD RUN is maintained and bolstered by Game Department regulations and hatchery plants supplied by anglers’ license moneys. Ole Eide, Supervisor in Skagit County, estimates that at least two thirds of the sports come directly from hatchery plants of steelhead.

Indian Service documents show a population of 214 members in the Upper Skagit tribe. If or when these and other tribes in the Skagit Valley move onto the Skagit River in force, the migratory runs of the river could be depleted seriously.

The Puyallup River is a prime example of the impact of an unregulated Indian fishery in an anadromous river. Robert Robison, administrative supervisor in the Fisheries Department, said that no Indian fishery existed in the Puyallup between 1900 and 1953.

In 1953 Indians placed two nets off the mouth of the Puyallup. Their fishery increased steadily until in 1961 the Indians had 40 gill nets, 15 set nets and a trap complex at the river mouth.

THE INDIAN CATCH OF CHINOOKS in the Puyallup increased from none in 1953 to 10,200 in 1961. The catch of humpbacked salmon increased from 143 in 1955 to 18,200 in 1961. The silver catch went from 104 in 1953 to 16,200 in ’61. The take of steeled went from 104 in 1953 to about 4,000 in 1961.

This virtually has depleted the Puyallup River of salmon. The Muckleshoot Indians, whose reservation is on a tributary of the Puyallup, caught 12,000 silvers in 1953 and took only 200 in 1961. The run over Mud Mountain Dam, where the salmon get to their spawning grounds, dropped from 10,000 in 1952 to 500 in 1961.

John Biggs, director of game, has asked Congress to regulate this off-reservation Indian fishing on three different levels of legislation.

Biggs asks that Indians fishing or hunting outside a reservation in their accustomed places be required to abide by state conservation laws and that Congress provide for a definite time to terminate their present rights.

BIGGS ALSO ASKS CONGRESS TO define who are Indians and designate the ones who are entitled to benefit from Indian treaties. Biggs recommends that a person must have at least 25 percent Indian blood to be considered under a treaty.

Biggs further asks that persons who have been classed as Indians by this new act of congress be entitled to file compensation claims with the United States Court of Claims to determine what their rights are and to place a value on them. Biggs feels Congress should not take anything away without paying for it.

Walt Neubrech, head of patrol for the Game Department, said that of the 20,000 Indians in Washington, not more than 2 percent are engaged in fishing for migratory fish. He said that in many cases, the fishery is an individual effort and that the money received from the sale of does not go into tribal-council funds.

NISQUALLY’S CLAIM TREATY RIGHTS FOR JAILED MEN
Daily Olympian
February 7, 1962
TACOMA (AP)- Attorneys for the Nisqually Tribal Council claimed Tuesday that five of the six Indians arrested in the State Game Department’s Jan. 6 surprise raid on the Nisqually River are treaty Indians and had a legal right to be fishing.

Council officials and their Seattle attorneys, Allan Pomeroy and Eugene Zelensky, went to the Pierce county prosecutor with a stack of affidavits to back up their claim.

Pomeroy presented Deputy Prosecutor Fred Frohmader with affidavits signed by Nisqually tribal elders that five of the six arrested Indians are members of the Nisqually tribe.

When 36 State Game Department men swooped down on the Indians Jan. 6, their field commander, Ellsworth O. Sawyer, said all of the arrested Indians were non-treaty Indians.

The Nisquallys, Puyallups and Squaxins were guaranteed the right to fish the Nisqually river in the Medicine Creek treaty of 1855.

All six were charged with illegal gillnetting of game fish (steelhead) by non-treaty Indians. Their arraignments originally were scheduled for Jan. 26 in justice courts here.

At Pomeroy’s request, the arraignments were set over indefinitely to check further into the backgrounds of the Indians.

Frohmader set the meeting here to discuss the state’s position in the cases and look into the backgrounds of the arrested Indians.

After the meeting, Frohmader said his office will investigate the claims made in the affidavits.

The six Indians arrested in the raid were Douglas Jay Derickson, 18, Olympia; Raleigh Kover, 40, Olympia; Ernest Gleason Sr., 62, Nisqually; Melvin Iryall, 31, Tacoma; Alvin J. Bridges, 51, Nisqually; and John Simmons Jr., 51, Yelm. Pomeroy said Gleason is the only one of the six who is not now a tribal member.

However, he said Gleason was married to a Nisqually for many years and had lived on the reservation for 40 years. He said after Gleason’s first wife died, he remarried out of the tribe, but continued to fish the Nisqually.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April

6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April
6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

The Game Department regards the Indian netting of steelhead off a reservation, in the manner in which it is now being conducted, as posing the greatest hazard to the conservation of this game fish in the state’s history.On January 15, members of the Upper Skagit Indian tribe started netting the Skagit River in what they term their usual and accustomed fishing grounds. Game protectors have checked, to date, 423 steelhead from the nets of the eight Indians who have been setting them out.

No arrests have been made on the Skagit. Recent court decisions ruled that the Indians have the right to fish off a reservation in their usual grounds.

The Skagit is the state’s greatest steelhead river. It has led in the sports catch eight times in the past 14 years, the take varying from 12,000 to 21,000 fish annually.

THE SKAGIT STEELHEAD RUN is maintained and bolstered by Game Department regulations and hatchery plants supplied by anglers’ license moneys. Ole Eide, Supervisor in Skagit County, estimates that at least two thirds of the sports come directly from hatchery plants of steelhead.

Indian Service documents show a population of 214 members in the Upper Skagit tribe. If or when these and other tribes in the Skagit Valley move onto the Skagit River in force, the migratory runs of the river could be depleted seriously.

The Puyallup River is a prime example of the impact of an unregulated Indian fishery in an anadromous river. Robert Robison, administrative supervisor in the Fisheries Department, said that no Indian fishery existed in the Puyallup between 1900 and 1953.

In 1953 Indians placed two nets off the mouth of the Puyallup. Their fishery increased steadily until in 1961 the Indians had 40 gill nets, 15 set nets and a trap complex at the river mouth.

THE INDIAN CATCH OF CHINOOKS in the Puyallup increased from none in 1953 to 10,200 in 1961. The catch of humpbacked salmon increased from 143 in 1955 to 18,200 in 1961. The silver catch went from 104 in 1953 to 16,200 in ’61. The take of steeled went from 104 in 1953 to about 4,000 in 1961.

This virtually has depleted the Puyallup River of salmon. The Muckleshoot Indians, whose reservation is on a tributary of the Puyallup, caught 12,000 silvers in 1953 and took only 200 in 1961. The run over Mud Mountain Dam, where the salmon get to their spawning grounds, dropped from 10,000 in 1952 to 500 in 1961.

John Biggs, director of game, has asked Congress to regulate this off-reservation Indian fishing on three different levels of legislation.

Biggs asks that Indians fishing or hunting outside a reservation in their accustomed places be required to abide by state conservation laws and that Congress provide for a definite time to terminate their present rights.

BIGGS ALSO ASKS CONGRESS TO define who are Indians and designate the ones who are entitled to benefit from Indian treaties. Biggs recommends that a person must have at least 25 percent Indian blood to be considered under a treaty.

Biggs further asks that persons who have been classed as Indians by this new act of congress be entitled to file compensation claims with the United States Court of Claims to determine what their rights are and to place a value on them. Biggs feels Congress should not take anything away without paying for it.

Walt Neubrech, head of patrol for the Game Department, said that of the 20,000 Indians in Washington, not more than 2 percent are engaged in fishing for migratory fish. He said that in many cases, the fishery is an individual effort and that the money received from the sale of does not go into tribal-council funds.

NISQUALLY’S CLAIM TREATY RIGHTS FOR JAILED MEN
Daily Olympian
February 7, 1962
TACOMA (AP)- Attorneys for the Nisqually Tribal Council claimed Tuesday that five of the six Indians arrested in the State Game Department’s Jan. 6 surprise raid on the Nisqually River are treaty Indians and had a legal right to be fishing.

Council officials and their Seattle attorneys, Allan Pomeroy and Eugene Zelensky, went to the Pierce county prosecutor with a stack of affidavits to back up their claim.

Pomeroy presented Deputy Prosecutor Fred Frohmader with affidavits signed by Nisqually tribal elders that five of the six arrested Indians are members of the Nisqually tribe.

When 36 State Game Department men swooped down on the Indians Jan. 6, their field commander, Ellsworth O. Sawyer, said all of the arrested Indians were non-treaty Indians.

The Nisquallys, Puyallups and Squaxins were guaranteed the right to fish the Nisqually river in the Medicine Creek treaty of 1855.

All six were charged with illegal gillnetting of game fish (steelhead) by non-treaty Indians. Their arraignments originally were scheduled for Jan. 26 in justice courts here.

At Pomeroy’s request, the arraignments were set over indefinitely to check further into the backgrounds of the Indians.

Frohmader set the meeting here to discuss the state’s position in the cases and look into the backgrounds of the arrested Indians.

After the meeting, Frohmader said his office will investigate the claims made in the affidavits.

The six Indians arrested in the raid were Douglas Jay Derickson, 18, Olympia; Raleigh Kover, 40, Olympia; Ernest Gleason Sr., 62, Nisqually; Melvin Iryall, 31, Tacoma; Alvin J. Bridges, 51, Nisqually; and John Simmons Jr., 51, Yelm. Pomeroy said Gleason is the only one of the six who is not now a tribal member.

However, he said Gleason was married to a Nisqually for many years and had lived on the reservation for 40 years. He said after Gleason’s first wife died, he remarried out of the tribe, but continued to fish the Nisqually.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April

6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

Indian Tribe Threatens “Wade-In” Over Fishing
The Olympian
April
6, 1962
by Don Hannula

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

A threat that every man, woman and child of the 380-member Muckleshoot Indian Tribe will stage a “wade-in” with nets and spears in the Green River has been leveled in an attempt to bring to the surface fishing problems of the tribe.The Muckleshoot Tribal Council has appealed directly to Sen. Warren G. Magnuson for federal leadership in clarification of the treaty rights of the Muckleshoot.

In brief, the Muckleshoots claim that unrestricted Indian fishing on the Puyallup River has depleted the salmon run in the tributary Stuck (White) River that runs through their reservation. Now the are asking that either action be taken to bring salmon runs back to the Stuck or that they be granted the right to fish the Green River which they claim was the accustomed fishing grounds of their ancestors.

Letter to Magnuson

The Muckleshoots have made their demand for federal leadership in a six-page letter to Sen. Magnuson signed by Bertha McJoe, Annie Garrison, James Moses, Louis Starr and Olive Hungary, all tribal council members.

In part, the letter states:
“Our tribe is planning an organized ‘wade-in’ of Green River in the spirit of sit-ins which have gained recognition for the rights of the Negroes in the South. We do no wish to enter into open conflict with the communities that surround us, but our rights are comparable to those of other expropriated peoples . . . and-if we must-we shall take every man, woman and child of our tribe, together with nets and spears, down to the Green River and invite all the press media of the area to witness the ‘wade-in’.”

Mrs. Garrison told The News Tribune:
“We know their jails won’t hold us all.”

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

Unfavorable Position

She explained that the Muckleshoots were in an unfavorable position as compared to the other tribes of Western Washington. “There is no salmon run left in the Stuck because the Puyallup Indians catch all the fish before they reach our river.”

The 65-year-old tribal council member pointed out that the Muckleshoots aren’t really Muckleshoots at all. She said that was just a name the white men tabbed them with after the reservation was set up near the site of an old blockhouse called Muckleshoot Fort.

“We are included in the Medicine Creek Treaty of 1855 as the Scopabsh Tribe-the real name of the Muckleshoots,” she said.

Mrs. Garrison said the Scopabsh was a nomadic tribe in early days fishing the Stuck, the Green and even the Puyallup River . . . and that, under the treaty guarantee rights to fish accustomed grounds, the now Muckleshoot should be able to fish the Green River.

To test this theory, three young Muckleshoots placed nets in the Green River and wound up in jail. They were convicted by Justice of the Peace Evans Manolides of illegal net fishing, but an appeal is pending.

Claim Frictions

In a letter to Sen. Magnuson, the Muckleshoots claim:
“Frictions between our community and that represented by the sportsmen through their governmental agency, the Washington State Game department, have intensified in the past few months to where the sportsmen are threatening Indians with bloodshed in resolutions passed by their body.

“Our young men look about them, and they see the Nooksack, the Skagit, the Nisqually and the tribes of their brothers enjoying the rights promised our ancestors in the Stevens treaties of 1855.

” We, as Indian council members cannot explain to our young men why they too should not enjoy the same privileges.”

As an alternative to the appeal of the Green River fishing case, the Muckleshoots have offered to:

  1. Abandon the court appeal if the federal government and the State of Washington will make definite commitments to help rehabilitate stuck River, a tributary of the Puyallup.
  2. Join forces with the federal government, the state and the State Sportsman’s Council in any legal actions necessary to clear up the fishing problem on the Puyallup River to establish a fair quota system and fish-conservation program on the Puyallup and Stuck Rivers.

Mrs. Garrison said the Muckleshoots are hopeful they will get some satisfaction from their letter to Sen. Magnuson.If they don’t, they vow to go through the wade-in. When?

“It’ll probably be in June or July when the spring salmon run starts,” Mrs. Garrison said. ” . . . and when the weather warms up. We don’t all have boots.”

In Olympia Friday, State Game Director John A. Biggs indicated the Muckleshoots would be arrested if they carry out their threat.

“We arrested them before and we will continue to,” Biggs said.

He said it is the Game Department’s contention the Muckleshoots do not have fishing rights on the Green River.

 

1958 – Nisqually Tribe and the Army

The Seattle Times
April 13, 1958
by Hill Williams

The Nisqually Indians and the Army are feuding again. There have been a few skirmishes along the boundary between Fort Lewis and the Nisqually Reservation.

But, in contrast to customs of 100 years ago, the only shots fired have been legal documents. It seems that the Pale faces, in the person of Maj. Gen. William W. Quinn, Fort Lewis commander, want the Indians to restrict their fishing on the Fort Lewis side of the Nisqually River where the stream divides the fort and the reservation.

The Indians said: "Nothing doing." And they instructed their attorney, Malcolm S. McLeod of Seattle, to translate their answer into legal jargon.

The Nisqually Indians’ right to fish in the river is provided in the Medicine Creek Treaty of 1854-signed for the Great White Father by Isaac Stevens, territorial governor, and for the Nisquallys by such notables as Hick Kapoo, Bil Soldier, Buffalo Chief, Missouri Chief and White Water.

General Quinn, in his proposal to the tribe, asked that a new agreement be signed to aid in rehabilitating and increasing the salmon and steelhead runs in the river, and to protect the Indians from hazards incident to military maneuvers. "It would be ‘murder’ if the Indians signed this agreement." McLeod said. "It would impair their treaty rights and hamper their fishing-and they depend on fish for their living."

McLeod added that the Nisqually Indians, whose ancestors have fished the river since ancient times, are well aware of the necessity of conserving the salmon. He said the tribe imposes fishing restrictions on its members to insure an adequate escapement of fish.

McLeod said unpleasant incidents between the Army and the Nisqually Tribe have been few. Some fish nets have been cut by boats in the Nisqually River. Fish have been taken from nets in a few cases. And once a heavy Army tank rumbled right over a shack that a Nisqually called home.

However, the Army has paid damages and the Indians are slow to anger. McLeod feels the chances are good for another 104 years of peace under the Medicine Creek Treaty.

McLeod, 37, spends about half of his time on Indian matters. He represents more than a dozen tribes, covering two thirds of Western Washington. And, strangely enough, he has yet to receive a dime in pay.

The lawyer, in behalf of the tribes, has filed claims against the United States totaling hundreds of millions of dollars. The suits seek damages for land which the Indians assert was taken illegally, or for which the tribes never have been paid.

McLeod works on a fee of 10 percent of damages collected-if and when. A little arithmetic is exciting to almost anyone except McLeod.

"I doubt if I’ll ever be rich," said the attorney. "But I have a lot of fun. I don’t know of any other field of law that offers more challenge-trying to convince the courts of treaty rights of the Indians."

McLeod, reared in Bellingham, became acquainted with the Indians as a boy while fishing the Nooksack River and Squalicum Creek. He grew to know members of the Nooksack, Lummi and Samish Tribes. He has performed legal services for Indian tribes since 1950.

The attorney has obtained a judgment against the United States for 10,000 acres for the Nooksack Tribe. (The tribe contended that more than 500,000 acres had been taken, including the Nooksack River Valley and the site of Bellingham.) The tribe now is waiting a decision as to value of the land. McLeod is shooting for $10 an acre. Witnesses have included historians, to testify as to the value of land 100 years ago, and economists, to establish the erosion of the dollar by inflation since that time. McLeod has taken some unusual exhibits to court in his Indian cases.

In a case where the Makah Tribe on the Olympic Peninsula sought damages for lost fishing and whaling rights. McLeod exhibited whale bones 150 years old. They had been excavated from the site of an old Makah village. Hudson’s Bay Co. trinkets were found in the layer above the bones.

McLeod used the bones in an attempt to prove that Indians had depended traditionally on whales for food, off and implements. The Indians contend they lost their whaling rights when the government curtailed their activities near the turn of the century. Some 550 Makah Indians still live on their reservation near Neah Bay. More hearings are scheduled on the $11,000,000 Makah claim.

McLeod once dragged an Indian fishing canoe into a Tacoma courtroom for use in defending two Puyallup Indians against charges of violating state fishing regulations. The Indians were freed and, at last report, still were exercising their treaty rights to use nets from a canoe in the Puyallup River.

McLeod has been a thorn in the side of the City of Tacoma in its efforts to build power-producing dams on the Cowlitz River. The attorney, in behalf of the Cowlitz Tribe, sued Tacoma for $480,000,000 for loss of salmon fishing in the river. McLeod said the sum is "a very conservative figure, and can always be adjusted upward."

McLeod said the Cowlitz Tribe never signed a treaty with the government. He estimated the land "owned" by the tribe in the Cowlitz River Valley at about 1,000,000 acres.

However, the suit was denied in United States District Court, an appeal was dismissed by the Ninth Circuit Court of Appeals and the Supreme Court of the United states recently denied a petition for a writ of review.

"The United States has given patents to white people to live on the land and to sell it, but this is illegal," aboriginal title to the land never has been extinguished.

"The Supreme Court of the United States has ruled in the past that aboriginal rights of the Indians survived government grants of land." McLeod’s suit conceivably could have cast a cloud on ownership of the vast Cowlitz Valley.

Indian claims are filed with the Indian Claims Commission, established by Congress in 1946. Rulings of the Commission may be appealed to the Court of Claims and the Supreme Court of the United States.

McLeod has made some interesting friends in his work with the Indians. He once had occasion to visit Johnny Bob, an elder in the Nisqually Tribe, who lives along the Nisqually River about four miles upstream from its intersection with Highway 99.

As the attorney approached the old Indians home, he noticed a rifle, resting in a forked stick, protruding from an open end of a second story loft. However, it wasn’t pointed at McLeod so he proceeded to the door.

Bob told McLeod that whenever he needed venison he climbed to the loft, sat behind the rifle until a deer wandered into the clearing and-bang! (It’s legal on a reservation.)

"I’ve learned a lot from men like Johnny Bob," said McLeod.

"Most Indians feel that their way of life is superior to ours-and in many ways it is. They don’t have our anxieties and tensions. And they enjoy the beauty of nature and their art."

"I enjoy the Indian. He is part of an essentially Stone Age culture and has had a hard time adjusting to our civilization. And in the process he has been treated shamefully, in many cases, by federal, state and some local governments."

 

The Seattle Times
Sunday, October 5, 1958
by Stanton H. Patty

Conflict Over Indian Fisheries Flares Into Open

A long- simmering conflict between the State Fisheries Department and Washington Indian Tribes is flaring into the open.

Milo Moore, state fisheries director, says salmon runs will be depleted seriously in several areas unless steps are taken soon to restrict the Indian fisheries.

The Indians’ fishing rights are guaranteed by the 104 year-old Medicine Creek treaty signed by the tribal leaders and Isaac I. Stevens, Washington’s first territorial governor.

The Indians are standing firm on those rights.

Treaty Upheld

The treaty has been backed up several times by the courts. Article 3, a key section of the treaty, reserves for the Indians the right to take fish "at all usual and accustomed grounds and stations…" This means that the state simply has no power to regulate Indian fishing on lands covered by the treaty. Moore recognizes this and is searching for a solution. "One possibility is to try to get a separate treaty with each tribe involved-and the get these new treaties ratified by the Legislature and Congress," Moore said. "Some of the tribes have indicated they might be willing to go along in the interest of conservation."

Congress Help Suggested

At a meeting of the Legislature’s Interim Fisheries Committee in Seattle last week, Moore suggested that the next Legislature send a memorial to Congress asking for help in regulating Indian fisheries.

"It’s beyond us," Moore told the legislators. "We have no jurisdiction, but something must be done or we will lose a good part of our salmon."

More Fish For Indians

"On the other hand, if the fisheries are regulated right, there will be more fish for the Indians and the whites."

Here is the fisheries Department’s side of the story:

There are 22 Indian fisheries in the state. Seven are operated on important salmon streams in the Puget Sound area, ten on coastal streams and five on the Columbia River and its tributaries.

The Indian salmon catch last year was 459,370 fish. This included 38,443 chinooks and 86,284 sliver salmon, regarded as the state’s most valuable species. Other takes were 219,358 pinks, 64,182 chums and 51,103 sockeye. The fisheries Department says the main problem is that the Indians in many cases are intercepting ready-to-spawn salmon on or near the spawning grounds. "The results are ruinous," Moore said. "There is no chance for proper escapement to seed the streams for future runs."

Gear Is Better

The Indians also are steadily increasing the efficiency of their gear and taking a higher toll of the ripening salmon, the department observed. "Years ago the Indians fished with primitive equipment and caught the salmon for their own use," said Bob Josephson, chief of the Fisheries patrol. "Now they are using modern equipment and selling a lot of the fish commercially."

Some Tribes Co-operate

The department said some tribes-notably the Tulalip and Lummi Indians- have co-operated by imposing tribal closures for spawning escapements. "But in most cases the Indians have broken just about every informal agreement the department has been able to negotiate with them," Josephson declared. "You just can’t talk conservation to some of them. Sometimes the tribal councils are willing to go along on conservation, but they are unable to control their own people to enforce this conservation."

Meeting Suggested

Moore recently received a letter from Miss Clara S. Sicade of Fife, secretary-treasurer of the Puyallup Tribal Council, suggesting a meeting of the council and the Fisheries Department. Miss Sicade said most Puyallup tribal leaders favor state regulation because "a few of our people are not going by the rules and fishing all the time."

Here is the Indian’s side of the story: