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Defendants: Washington State United States v. Washington, 384 F. 312; 1974 U.S. Dist. The state of Washington often used conservation as a convenient reason to regulate fishing by Indians on non-reservation sites even though the right to do so had been affirmed by prior court cases.
Washington Supreme Court Justices CHIEF JUSTICE STEVEN C. GONZLEZASSOCIATE CHIEF JUSTICE CHARLES W. JOHNSONJUSTICE BARBARA A. MADSEN JUSTICE SUSAN OWENS JUSTICE DEBRA L. STEPHENS JUSTICE SHERYL GORDON McCLOUD JUSTICE MARY I. YU JUSTICE RAQUEL MONTOYA-LEWIS JUSTICE G. HELEN WHITENER
Holding: Washingtons workers compensation law is unconstitutional under the supremacy clause because it facially discriminates against the federal government and does not fall within the scope of the federal waiver of immunity contained in 40 U.S.C. 3172.
U.S. District Judge George Hugo Boldt ruled on Feb. 12, 1974, that Native Americans were entitled to half the salmon catch in the state because of treaties signed a century before. It was a key decision in the long-running Fish Wars that had rocked Washington for decades.
A 1974 federal court case (U.S. v. Washington, decided by U.S. District Court Judge George Boldt, and following sub-proceedings) re-affirmed the tribes treaty rights to harvest salmon, steelhead, and other fish species and established them as co-managers of Washington fisheries.
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The Boldt decision determined that treaty tribes in western Washington (who represented no more than 2% of the population) would be apportioned 50% of the annual commercial salmon harvest, based on the wording of the treaties of the 1850s.
The Dawes Act divided reservation lands into parcels with each family owning shares on which to farm, thus civilizing the Indian tribes. Families receiving land allotments were not allowed to sell their plots until they received title to that land.

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