Joseph McKenna

“ Respondents contend that the words 'the right of taking fish at all usual and accustomed places in common with the citizens of the territory' confer only such rights as a white man would have under the conditions of ownership of the lands bordering on the river, and under the laws of the state, and, such being the rights conferred, the respondents further contend that they have the power to exclude the Indians from the river by reason of such ownership. ”

“ It only fixes in the land such easements as enable the right to be exercised.
The license from the state, which respondents plead, to maintain a fishing wheel, gives no power to them to exclude the Indians, nor was it intended to give such power. It was the permission of the state to use a particular device. What rights the Indians had were not determined or limited. This was a matter for judicial determination regarding the rights of the Indians and rights of the respondents. ”

“ In the meantime it shall be lawful for them to reside upon any ground not in the actual claim and occupation of citizens of the United States, and upon any ground claimed or occupied, if with the permission of the owner or claimant.
'Guaranteeing, however, the right to all citizens of the United States to enter upon and occupy as settlers any lands not actually occupied and cultivated by said Indians at this time, and not included in the reservation above named. ”

“ Rep. 747; Church of Jesus Christ, l. d. s. v. United States, 136 U.S. 1, 42, 43, 34 L. ed. 478, 490, 491, 10 Sup. Ct. Rep. 792; McAllister v. United States, 141 U.S. 174, 181, 35 L. ed. 693, 695, 11 Sup. Ct. Rep. ”