(65) Not only did the brothers erect fences that kept the Yakamas
press the Yakamas who were present; they objected: "I will not sell
(136) Treaty with the Yakamas, June 9, 1855, 12 Stat.
THE YAKAMA EFFORT TO RESTORE h SALMON STREAM: "TIME-IMMEMORIAL"
Other stories that echo threats to the Kunas' land include tales of the Central American Diaspora, Clause 231, and the Yakamas' Closed Area.
Closer to home is Washington State's Yakama Nation, telling a story of successful nation building.
The district court explained that the treaty defined basic rights secured to the Yakamas that represented their way of life.
The Ninth Circuit stated that United States Supreme Court precedent requires interpreting Indian treaties as the Indians would have understood them.(242) It held that the language of the treaty demonstrated the promises made by the United States to guarantee the Yakamas the right of free use of the public highways.
In 1855, white encroachment forced the Yakamas
,(139) Umatillas, Warm Springs, and Nez Perce to enter into treaties with Governors Isaac Stevens and Joel Palmer.
Chief Charlie Saluskin remembered Splawn, "He was my friend.
Winans,(23) the case that has become the cornerstone for the recognition and protection of off-reservation reserved rights to hunt and fish.(24) Winans involved the interpretation of the Yakama
Indian Nation's 1855 treaty with the United States, which reserved to the Tribe "the right of taking fish at all usual and accustomed places, in common with the citizens of the Territory, and of erecting temporary buildings for curing them."(25) Two non-Indians (the Winans brothers) operated a number of state-licensed fish wheels near one of the Yakama
Nation's usual and accustomed fishing places.
The Lummi Tribe, Quinault Tribe, Sauk-Suiattle Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit River Tribe, and Yakama
Nation later joined as intervenor plaintiffs.