Washington v. Towessnute (Majority)Annotate this Case
On May 15, 1915, the State of Washington charged Alec Towessnute, a Yakama tribal member, with multiple fishing crimes. These criminal charges stemmed from the fact that he was fishing in the usual and accustomed waters of the Yakama tribe the day before without a state-issued fishing license using an unpermitted fishing hook. The parties stipulated that the United States had entered into a treaty with the Yakama Nation on June 9, 1855 (ratified by the United States Senate on March 8, 1859), and that the area where Mr. Towessnute fished “has been used and enjoyed by said Indians during the fishing season of each and every year since said treaty was made; that said fishing place has from time immemorial been used and enjoyed by said Indians and their ancestors and known by the Indian name of ‘Top-tut’.” Mr. Towessnute objected to the charges. Relying on the stipulation, he explained that Benton County had no jurisdiction over the matter because he had committed no crime by exercising his treaty fishing rights. The trial court judge agreed: on June 10, 1915, Benton County Superior Court entered a final judgment in the matter, dismissing all the charges against Mr. Towessnute. The 1916 Washington Supreme Court reversed, mandating that the criminal charges be reinstated, overruling Mr. Towessnute’s objections. In 2015, the descendants of Mr. Towessnute sought vacation of any record of conviction against Mr. Towessnute. Given that such a conviction could not be proved by the record, the trial court declined to take any action. Under the Rules of Appellate Procedure (RAP) 1.2(c), the 2021 Washington Supreme Court acted to waive any of the RAP “to serve the ends of justice.” The mandate issued by the Washington Supreme Court in 1916 was recalled and any conviction existing then or now against Mr. Towessnute was vacated.