McGowan

Two actions were brought by the United States, as trustee and guardian of the Quinaielt and Quillehute Indians and particularly the three Indians named in the bill, George Charley, Mitchell Charley, and Roland Charley, to enforce the rights of these two tribes of Indians in certain fishing grounds at the mouth of the Columbia river.

The decision of the trial court was adverse to the contention of! the government. It is conceded on appeal that as to the Quillehute Indians the decree is right. The rights which the government seeks to enforce are those granted or reserved by article 3 of the treaty entered into with the Quinaielt and other Indian tribes on the 1st day of July, 1855, and the 25th day of January, 1856, ratified by the United States Senate on March 8, 1859, and accepted and proclaimed by tbe President of the United States on April 11, 1859 ( 12 Stat. 971 ), which is as follows:

“Article III. The right of taking fish at all usual and accustomed grounds and stations is secured to said Indians in common with all citizens of the Territory, and of erecting temporary houses for the purpose of curing the same; together with the privilege of hunting, gathering roots and…