U.S.
v. Washington
(The Boldt Decision) - U.S. District Judge George Boldt's ruling
interpreted the language of treaties made with Washington tribes more
than a century earlier. He determined that the treaties -- agreements to
move tribes to reservations to make way for white settlers -- reasserted
Indian rights to half of the salmon harvests in perpetuity. The
following is treaty language at the center of the controversy, and how
Boldt interpreted it: "The right of taking fish, at all usual and
accustomed grounds and stations, is further secured to said Indians in
common with all citizens of the Territory." - Treaty of Medicine
Creek, 1854, Article 3. (The first of six treaties negotiated between
Washington Territorial Gov. Isaac Stevens and Coastal Salish tribes
between 1854 and 1856. All such treaties include variations of this
provision.) "By dictionary definition and as intended and used in
the Indian treaties and in this decision, 'in common with' means sharing
equally the opportunity to take fish ... therefore, non-treaty fishermen
shall have the opportunity to take up to 50% of the harvestable number
of fish ... and treaty right fishermen shall have the opportunity to
take up to the same percentage." - U.S. District Judge George Boldt,
U.S. v. Washington, Feb. 12, 1974.
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