U.S. v. Winans case brief

U.S. v. Winans case brief summary

120, SCOTUS (1905)
Subject: Indian Law - Yakima Indians - Washington State

 

• Treaty gave Yakima Indians right to fish “at the usual places in common with citizens of Washington.” 
• Whites were using “fish wheels” which made it very hard for Yakima to get any fish
• If “in common” meant the same rights as non-Indians, the treaty would be meaningless
• Court held that Indians had exclusive fishing rights on Reservation and equal fishing rights off Reservation.
• Reserved Rights Doctrine – treaty is a grant of rights FROM Indians to Americans, not a grant FROM Americans
• Canon of Construction: treaty construed as Indians would have interpreted it