Home/W.D. Washington/United States v. Snohomish River Boom Co.

United States v. Snohomish River Boom Co.

234 F. 95, 1916 U.S. Dist. LEXIS 1460
CourtDistrict Court, W.D. Washington
DecidedMay 10, 1916
StatusPublished

This text of 234 F. 95 (United States v. Snohomish River Boom Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Snohomish River Boom Co., 234 F. 95, 1916 U.S. Dist. LEXIS 1460 (W.D. Wash. 1916).

Opinion

NETERER, District Judge.

The United States seeks to recover from the defendants the possession of certain tidelands situated at Port Gardner, Snohomish county, Wash. The land was sold by the state of Washington to the Everett Improvement Company as tidelands, and was by the Improvement Company leased to the Boom Company. The issue involves the construction of executive order of December 23, 1873, and the Indian treaty of 1855 (Act Jan. 22, 1855, 12 Stat. 928). Section 2 of the treaty provides, among other things:

“That the amount of two sections, or 1,280 acres, on the north side of Hwhoinish Bay and the creek emptying into the same called Kwilt-seh-da, the peninsula at the southeastern end of Perry’s Island, * * * all of which tract shall be set apart, and so far as necessary surveyed and marked out for their exclusive use. * * * >>

And further that:

“There is-also reserved from out the lands hereby ceded the amount of thirty-six sections, or one township, of land on the northeastern shore of Port Gardner, and north of the mouth of Snohomish river, including Tulalip Bay and the before-mentioned Kwilt-seh-da creek. * ■ * * ”

And article 4:

“The said tribes and bands agree to remove to and settle upon the said first above-mentioned reservations within one year after the ratification of this treaty, or sooner, if the means are furnished them. * * * ”

Article 5:

“The right of taking fish at usual and accustomed grounds and stations is further secured to the Indians. * * * ”

President Grant, December 23, 1873, by executive order, fixed the boundaries of the Tulalip Indian reservation pursuant to the treaty, as follows:

“Beginning at low-water mark on the north shore of Steamboat Slough, at a point where the section line between sections 82 and 33 of township 20 [96]*96north, range 5 east, intersects the same; thence north; * * * thence west * * * to low-water mark on the shore of Port Susan; thence southeasterly with the line of low-water mark along said shore to the shores of Tulalip Bay and Port Gardner, with all the meanderings thereof, and across the mouth of Ebey’s Slough to the place of beginning.”

The following sketch exhibits the land:

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Bluebook (online)
234 F. 95, 1916 U.S. Dist. LEXIS 1460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-snohomish-river-boom-co-wawd-1916.