Now that it snowed they need to lock up Watt Canyon

[BeerBugler]

I believe that only applies to fishing.

“Together with” would be inclusive.....hunting AND fishing.....in common with

[Platensek-po]

1 it’s only talking about fishing at that point.
2 rereading it I think it more implies that they will be sharing those locations with citizens of the territory. As in it’s not exclusively theirs like it is on the reservation.

3 the Supreme Court has upheld those decisions. Just like it’s not you and I who decide on the constitution, it’s not up to you and I to figure out what the treaties mean.

[BeerBugler]

The exclusive right of taking fish in all the streams, where running through or bordering said reservation, is further secured to said confederated tribes and bands of Indians, as also 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; together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land.

http://www.yakamanation-nsn.gov/treaty.php

“In common with the citizens of the territory” we shouldn’t even be having this discussion, plain as day, do what you want on the reservation, when hunting/fishing on ceded lands follow the rules in common with the citizens of the territory.

SCOTUS has made clear in multiple decisions that "In common with" is not interpreted as what you describe...if it was, the treaties would have little value to Tribes.

It would have thee intended value to the tribes. Thee appropriate value. The right to leave the reservation and hunt on ceded lands under the rules and regulations of those lands. The same rules and regulations that everyone else who hunts those lands must adhere to. Makes a lot more sense than any other interpretation.

[Oh Mah]

when the treaties were signed i believe that the tribes did basically do it the same as us then,THE GOV. FORMED THESE RULES AND REGS ON US TO CONTROL WHAT AND HOW WE DO THINGS.THERE WAS NO NEW AGREEMENT TO THESE THEREFORE THEY STAYED THE SAME.
As for the new equipment used,that was not in their agreement nore is it in our constitution.


What is also not in our constitution is power for the gov. to ban anything.They do that at will on their own authority.

[Platensek-po]

On ALL ceded lands???

[Oh Mah]

Ok someone post the hunting regs for the year 1855 please.

[meatwhack]

The “In Common With” language is what I believe could be argued.

[Odell]

The exclusive right of taking fish in all the streams, where running through or bordering said reservation, is further secured to said confederated tribes and bands of Indians, as also 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; together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land.

http://www.yakamanation-nsn.gov/treaty.php

“In common with the citizens of the territory” we shouldn’t even be having this discussion, plain as day, do what you want on the reservation, when hunting/fishing on ceded lands follow the rules in common with the citizens of the territory.

It’s a no brainer but needs a politician with some courage to address it. Tribes are too politically powerful in WA and it will never happen.


Sent from my iPhone using Tapatalk

[Oh Mah]

The “In Common With” language is what I believe could be argued.

In common with when? lol.

You keep intentionally missing the entire argument.You say in common with i say when.
when the treaty was agreed upon they were in common with.

anyone find those fishing and hunting regs from 1855  yet?

To point out another fact.

the time from then to now has changed for the tribes in a very negative way as far as hunting goes,they have lost a lot of rights and opportunity.

[full choke]

 

[Oh Mah]

The uneducated on subjects usually 

[NOCK NOCK]

The uneducated on subjects usually 

The “In Common With” language is what I believe could be argued.

In common with when? lol.

You keep intentionally missing the entire argument.You say in common with i say when.
when the treaty was agreed upon they were in common with.

anyone find those fishing and hunting regs from 1855  yet?

To point out another fact.

the time from then to now has changed for the tribes in a very negative way as far as hunting goes,they have lost a lot of rights and opportunity.

Please expand on what has been lost.   



Edit for...……………..

[Oh Mah]

not yet.

[MADMAX]

Here we go

[Oh Mah]

Ok,Here we go.

Ceded land has been sold off to private owners since 1855.Tribal cannot hunt private (claimed) land without permission from the owner.Towns for non native have been built and expanded upon drastically reducing the ceded lands.

I FEEL THAT'S ENOUGH EXPLANATION IF YOU DON'T SEE HOW THEY HAVE LOST A LOT OF HUNTING RIGHTS AND OPPORTUNITY SINCE THE TREATY THEN THERE IS NO HELPING YOU SEE THE TRUTH.