Walkowsky

United States v. Walkowsky

Good Law
38 F.2d 805·1930 U.S. App. LEXIS 2409
United States Court of Appeals for the Ninth CircuitFebruary 24, 1930No. 5922California935 words

Opinion

Lead Opinion

Wilbur, J.

It is alleged that the plaintiffs are the children of Kate Walkowsky Weiss, who was a duly enrolled and allotted Indian of the Quinaielt Tribe of Indians; that the father of the children named Walkowsky was a white man named John Walkowsky, now deceased. The father of Edna Weiss, one of the appellees, was a white man named Robert Weiss, who married Kate Walkowsky after the death of her husband John Walkowsky.

Kate Walkowsky Weiss is an Indian woman bom in 1874 on Shoalwater Bay on the Coast of Washington. Her mother was an Indian of the Wynooehe Band of the Lower Chehalis Indians, and her father was a full-blooded Chinook Indian. Her tribal rights, however, would follow the father, a Chinook Indian, rather than the mother, a Wynooehe Indian. The right of Kate Walkowsky Weiss, the mother of the appellees, to an allotment, is not involved in this ease, as she has already been allotted lands on the Quinaielt Reservation. Eight of her children have also received allotments. These allotments to Kate Walkowsky Weiss and her eight children were based upon their adoption by the Quinaielt Indian Tribe. Three appellees, Virginia, Allen, and Katherine Walkowsky, were bom after the adoption…

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