Investor Presentaiton
H
UNITED STATES V. WINANS
(1905 - US SUPREME COURT)
I Often quoted in later cases: “[W]e have said we will construe a treaty with the Indians as 'that
unlettered people' understood it, and 'as justice and reason demand, in all cases where power is
exerted by the strong over those to whom they owe care and protection,' and counterpoise the
inequality 'by the superior justice which look only to the substance of the right, without regard to
technical rules." 198 U.S. 371, 380-81 (1905) quoting Choctaw Nation v. United States, 119 U.S. 1,
30 (1886).
"The right to resort to the fishing places in controversy was a part of larger rights possessed by the
Indians, upon the exercise of which these was not a shadow of impediment, and which were not
much less necessary to the existence of the Indians than the atmosphere they breathed.” 198 U.S.
371, 381.View entire presentation