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Show 1 6 6 OOMMISSIONEB O@ INDIAN AFTAIRS. I bordelcing on the reservation is secured to the Indians, as also the right of taking fish at all usual and accustoped places " in common with citizens" of the Territory, does not authorize a tribal inhabit-ant of the Yakima Indian Reservation to fish in a river several miles outside the reservation without a license, contrary to a law of the , State, the words quoted indicating an intent not to give the Indian an advaGtage but to save him from a disadvantage, and to permit, I the State laws to operate on both races alike in respect to the right . . - to fish outside the reservation. 1 . , FlSHINCi RIGHTS. The ancient fishing rights of Indians of the State of Washington have been considered in the courts of that State during the year. Treaties with several of these tribes provide that the Indians shall have the right to fish at their usual and accustomed fishing places, outside of their reservations, in common with the citizens of the State. It is their contention that this proviiion gives them the right to fish in these places without compliance with the requirements of 1' the State law. The State hascontested this, and on February 4,1916, ,obtained a favorable decision from the State supreme court in State v. Alex Towessnute. An-appeal on behalf of the Indians to the United States Supreme Court is contemplated. An important decision of the Supreme Court of the United States was rendered June 12, 1916, in State of New York ex rel. Walter S. Kennedy 0. Becker, which' has a bearing upon the fishing rights of the Indians. The court held in effect that a reservation of fishing rights pertaining to land which had been ceded by the Indians was an easement or profit as against their grantees and all who might become owners of the ceded lands, but that it was not 8 right-in . derogation of the sovereignty of the state, and that the State might enforce within the ceded area against the Indians as well as white ! people such 1-s as might be enacted for the preservation of. the fish and game within the borders of that State. LEGISLATION. < The Indian appropriation act, approved May 18, 1916, carries ap- '. propriations for approximately $11,000,000. Aside from the usual items for conducting work among the In-dians, it contains such important ones as these: Repeal of the law which prohibits granting permission in writing or otherwise to any Indian or Indians to go into the State of Texas. Allotted lands of Indians which are arid but susceptible of irriga-tion may be leased for a period not 'exceeding 10 years whcre,.by reason of old age or other disability, the allottee can not personally occupy or improve -such allotments. |
