iccv07ap031.pdf

TKE; QUIEUTE RI33 OF I."31mS, on its )
om behalf and on behalf of the EOH )
TRIBE OR EXEDS OF IKDIAI.?S; FOH TX33 )
OR BAND OF IICIIXNS, on the relation of )
and represented by SCOTT FIShFi, on )
its -own behalf, 1
1
Petitioners, )
THE UNITED STATZS OF AIBUCA, 1
Defendant. )
Docket k. 155
Decided: December 1, 1958
FINDlllGS O? FACT
The Cadssi.cn makes the following fidings of fact:
1. The Wleuie Tribe of Icdians are an identifiable tribe of
American Indians who resided in aboriginal tines within the terri-
torial *ts
of tne United States in :ihat is ncd a northwestern
portion of the State of Yashington.
xe find the identity of this
aboriginal tribe, as such, has been est25lished in this record and
meets the require=ents of the I.:dian Claim Codssion Act of
August 13, 1946. (50 Stat. 1049; 25 U.S. Code, Sec. 70(a))
EVIDZiL'TIXRy FACTS SUPP0RTI::C- ULTIXT3 FIZDIXG Q? ?ACT 120. I
a. The United S-tztes recc gxizeS this triSe in the preable
of the Trezty with the ~Xnaielt, etc, in 1655 (12 Stat. 971;
I1 Kappier ~ 1 9 sozethes ) ~ called the "?keat;~ of 01~mpia."

. "Hznabook of Anerican Indians, (1912) Bulletin 30, Part
11, edited by Frederick :;'ebb Eodge of Sriithsonian hstitution, states:
tlGuileute. A Chinakuan tribe, now the only representative
of the linguistic stock, :hose aain sezt
is at Lapush, at the mouth of Qillayute r., about
35 mas. of C. Flattery, n, coast of Yashington.
A small division of the tribe, the Hoh, live at the
mouth of the river of the sme name, 15 m.
s. of
hpush . . . . Salmon are caught in considerable
numbers and constituted an hportant ?rticle of food.
Roots and berries of various kinds are also much used,
Although the woods in their vicinity abound with deer,
elk, and bezr, the Quileute sees to have hunted them
but little and have confined theselves to 3 seafarin2
life.
c. The identification of the Guileute Tribe w2s ~ d by e Terri-
torial Governor Isaac I. Ste-:ens,
Superintendent of Indian Affairs,
Iz. Shm~ns, Indian Azent, ?:r. Gibbs, Secretary, I'r. Franli S'nz;~, Inter-
preter and Special Azent, P's.
Tzppan, Sub-azent, together with the en-
ployees of the party, who took part in a council %ith the Upper ar?d
bxer Chehalis, bwer Chinook, Cowlitz and Wnautl Indiam."
This
couhcil bec=e 2 are&inar;); step to the subsequent Treaty at Olyzpia
some months later.
The council, begun in Februaq- 1855, was held "on
the site ol KT. pi14enton1s claim a fex zilas above tha entrance of tks
Chihalis -River into Gray Harbor."
Its journal re~orts:
It was no- ho~revzr found that the Q~inziults did not
Occu?y the whole country ktween the Chihzlis 2nd the
Kakahls, but that ap.other and distinct tribe, the
Kwilleyutes ..qere intgz.efiate. Thi c; was perceivsd uaon
collecting voc&ulzries of the lzn~ua~es for coizparison
that of the K.iriUeyates proving to be entirely dilferent,
and upon pwsuing the inq~rg it was further ascertzined
that the cessewzrs sent u~ the Ccast h2d for this reason
not notified them of the Comcil. Being wholly unrepresented
therefore, they were necessa-ily orLtted in the intended
negotiation but t5eir nu~bers are ascertained to be
about 300.

The necessity of Ethnological inqdry ic conzlu5icg arrangecents
for treati~z with or locatirs Iridians is strikingly
shorn in this instznce'. (pet. Ex. 17)
'here is a renote possibilitj that Horatio Hale, philologist of
the United States Exploring Excedition (1239 - 18&2), in reporting on
the tribes of tZis region m y hzyre made bare nention of these Indians
as the lrKr.;enaiwitl.lt
(aft. ZC, 18, p. 212)
Govercor Stevenst effort in 1854 to take a census of the tribes
and ba~ds oorth of the Chehalis River up to Cape Flattery had been
thwarted by sor:e Indians called ",Zci-eets," ai-5ed viith guns a d knives,
who stopped. Colonel Sh~ons fron crossing. the Qeets River. (pet. 2s.
d. J ~ e G. s Siian published ir: the "b!orth;.iest Coastr1 (1.~57)~ an
account of the ne~otiations at the abovs-mentioned treaty council, re-
porting:
*%it Ylke features and provisions of this treatywere
these: The Indians were to cede all the territory,
coxencing on the Pacific coast, at the divide of the
Q~aitso (~ueets) and Hooch (hoh) Zivers, thence east
betveen the .sane slow the line of the Guill=.h:pte
tribe, to the srdt of the coast range; thence south
" -z. (Underscoring supplied)
e. S~pe~intendent of Indian Affairs, R. H. Filroy, reported on
the ide~tit7 and location of petitio~er Indims in post-treztg times
+ 5 %ut one of the four tribes tkat h~ve been nade
pzrties to the cirinaielt treaty is m the reservation.
The c&iliutes, Hohs, axi Qaits reside at dilferent
points and distznces north of the reservation,
and szy the;^ n2ver agreed to sell their cmntry, nor
did they, to their knowledge, sisn any treat:< disposing
of their rizht to it. Thzt they were presezt at

the tiye of the treaty with the.:: is alleged to hze
been ude, but that the paper that they signed w2s explained
to then to be an a~ree~ent to keep the peace
with citizens of the United States 9 -"-*. They therefore
refuse to leave their ho~es and localities in
which they then and still reside, and move on the
reservation which they (the @iliutes, Hohs, and Quits)
regard as the homes and property of the ainaielts.
(Pet. Ex. 40, pp. 339-3401
f. Eth~ological xorks of the twentieth md late nineteenth
centuries which nention or identify the Quileutes are several. The
only known works which treat specifically xith the Wleute are dis-
cussed by petitioner's anthropolo~ist, Dr. Verne Frederick Rzy.
In
his testir;,on;., Dr. Ray nentions the unpublished field notes of his
fomer student., Richzrd Daugherty, Professor of Anthropolosy at
long-lost nznuscript of Dr.
fee J. Frachtenberg as the earliest works
treating krith G,leute Indians in a>y detail. (R. ?p. 19-20; Pet. ZY.
93, apparently an extract.)
.,
2. ' The Hoh Indians were a small division of the Euilleute Tribe
and resided principally at the ~outh of the Eoh River.
( See Finding
No. 3 belox)
3. Xe find this petitioner is the tribal orgaization of Quileute
Indians tinose predecessors in interest, Quileute 2nd Eoh Indians, ceded
their lzds, together with other grouns of Indians, under the term
of the Treaty with the ,Quinaielt, etc., to defendmt. (12 Stat. 971;

7-Ind. C1. Con. 31
separzte and distinct from the dialects of their Sdishan spea!cirg
neighbars. (see Eridentiary Findings lb and lc. )
b. In 1877, Dr. George Gibbs nade a compre3ensive report
for the Sziithsonian Institute on Washington Indim in which he
described the Quileute Indims as follows: (Pet. Ik. 20; Dft. Ex. 4)
" * *There are two bands of this tribe, the Xirillathuit,
of Kive-dee-tut, and the Huch, of &-raat-sat .
(P. 165)
c. In abed 1907, Albert B. Reagan wrote =The Hoh and Quileute
Indiens, Archaeological Rot~s.~ Reagan located the Quileutes at J=es
Island and at the muth of the Quilayute River. (pet. Xx. 78)
d. In 1920, Leo J. Frachtenberg published the nEschatology
of the Quileute Iniiar~.~ (Pet. Ex. 86) Frachta5erg nost eqhatic-
ally rejected thenEoh" as beip-5 a separsfe tribe a d defined then as
merely a gzogrzphic location of Quileute indians. He reported :
* + *%rlier k-riters and particulzrly Farrand, assigned
three distinct dialects to this group; the hinzkm, the
Quileute, and the Hoh. The latter, hotfever, according to
a detailed in~estigation carried out by the present writer,
shows no articular points of differentiation from the
Quileute
variety, and the word Eoh my be sztely assmed to
be a prely gpographic term " -2 *.
e.
In 1924, Dr. W. C. Flckod pyblished *The Origin of the
State" in ~hich he reported (~ft. k. u3, pp. 31-32):
* * 513 the grezt Fxget Sosd area occxpied zhost
wholly by Salish-speaking tribes, there exists the
oriLyh.;o grouy, both very s~all independent political
ILQ~S, representing an inde~endent linzdst-ic
n
stock - The Ck~km. Ine gaps are the C;?;ileute
and the Chinzk-m Tribes, xhich, when aiscove.red by
the tihites tiere poss~ssed of a precarious hdd of
two separated portions of the shore oZ the Sollnd
and a'; Mar cozstantl;~ vith their SalLsh nei&bors
a d the b:akz\ Iioot!

f . Janes l!ocney I s population statistics, published in 1928,
explain the decimation of the Indians of this area in pre-treaty times
as folbws:
(Pet. a. 85, pp. U-16)
-2 X. * That regular trade of ocean vessels at the mouth
of Columbia 1788 mzrked the introduction of sexual diseases
from sailors and traders which soon poisoned the
blood of practically all of the indians west 02 the Cascades+
* *. Liq~or, introduced in large 2uantities by
Russian traders, despite the efforts of the Hudson Bay
Company officers to prevent it, is also said to be a po-
tent destroyer along the coast ad the Colmbian (~arnham)
In 1823-2 * *an epidaic of fever':- * *spread* 3 and
zpparently also along the coast and central region* x- +.
It destroyed four-fifths of the natives, practically exberminating
the Chinookan tribes =- -> %but the SalishanG 3 5
tribes of Wxshlngton appear to have escaped, In 1846 the
Colmbia tribes +x- -Z suffered another visitation of srcallpox,
In 1847 a measles epidedc spread" 5 *. In 1852-3 smallpox,
introduced from San Francisco anong the 1.kkd-1, with
its usud destructive effect aizong nearly all the tribes of
Washicgtons + +wiped out whole villages in soce tribes.
Washinqton, Xestern Tribes
Yakah ( Quinne chant )
Quilleute and Hoh
Q-cinzielt and Gueets
g.
The Quileute tribe of Indians of the Quileute Indian Reserv-
ation were incorporated and its charter ratified on August 21, 1937.
The Constitation and By-Lars of said tribe were approvet! 5y the Secre-
t?zy of the Interior on Hovenber 11, 1937, pursuant
to Section 17 of
the ;.?.eeler Xoward Act of Junz 1G, 1934, 48 Stat. 984. hecods, De?t-
. . . .-
Of the Interior, Burezu of Indian Af f a*~. )
4. The political orgmization of the Wieute Tribe was ul inte-
gral p~-t of its social order.
T'nis social orgzri=tion was coiidnated
by the concept of class consciousness found throughout the Fkqet Somd

areas in which each kdividul w2s born into his place, as a slave,
corioner, or of the royalty or "chiefn class.
rank,ing nenber of
this socizl structure was a "lerdern or respected "chief
of the vil-
lage. fk ;;as spokesrsn for the village in tribal natters. (~estinon~
of Dr. Ray, 1 Tr. 63-64)
5. Petitioner rs aboriginal territory w2s located along and inland
from the Pacific Cost in the present Stateof tiaskington betxeen Gray's
kbor and the Strait of Juan de Fuca.
Tkt area had no natural har-
bors and was so heavily wooded that it was extrezely difficult to
traverse by ltnd.
Aboriginal conditions of the Quileute Tribe were
undisturbed at the t5e of treaty nc~otlations with the United States
in 1855, and rern2i~eci relati-zely unciisturbed as late as the latter
decades of the nineteenth century.
(~r. Lurie's Testii~ony, 2 Tr.
pp. 282-283)
6. During F e b m , 1855, Governor Isaac I. Stevens scheduled a
treaty council invol*ng
I~dian tribes wes* of the Cascacie Kauntzins
whose lad had not theretofcre been ceded.
He smoned representatives
of allsuch tribes kmxn to hiL? except the Upper Chinook zc6 klikztat
Indians. That SXDOES included the Quinaielt, Upper Chehalis, Lower
Chehalis, Lower Chinook and Cowlitz Tribes.
'Ece Council w3s held a
few n5les north of tte entrance into Grap's B=Sor.
Not until the
-
beginnix of this co-mcil did off icials of the Unitad States discover
there was a Quileute tribe md that it occnpied territory between the
Quinzielt and IGkah tribes. After this discover:;, Cavernor Steve:.::
did not suznon Quilezte
representatives to the courLcil but procesrl~'

7-Ind, C1. Corn. 31 38
to present to thegmups present a draft of a treaty for consideration
and adoption,
He was unable to obtain agreezezt to its terzs.
..
7. lhe uTreaty of Olppia," as it is co~etimes called, was con-
summated after the Feb vuary-X-larch 1855 Trezty Council took place.
Governor Stevecs hid instructed Colonel K. T. Sirmons to explore the
territory Setxeen that occupied by the Yakah Tribe and gray's Earbor.
(pet. Ec. a) Xhile carrying out this exploration, Colonel Sioxons
met with the Quileute and Quinaielt tribes on their home pounds and
concluded a treaty which Governor Stevens subsequently signed at Olympia,
3
Bashington Ter~itorr.
The different tribes and bands of the Quineielt and "Quillehutel'
Indians ceded ell their rightsin lands occupied by the=, bounded and
described in sdci trenty as follows:
'
* * Xamencing at a point on the Pacific coast,
which is the southwest corner of the lards lat-ly
ceded by the &kah tribe of Indians to the United
Stztes, and runnicg easterly with and dong the
southern boundary of the said ?kkz!h Tribe to the
niddle of the coast rznge of aouiitiins; thence
southerly with said range of nountains to their
intersection with the dividing ridge beheen the
Chehelis and Quiniztl Ftivers ; thence wssterly with
said ridge to the Pacific coast; thence northerly
along szid coast to the place of Seginning. (Treaty
with kinaielt, etc., 1855, l2 Stat. 791, I1 Kapp. 712)
8. The treaty further provided, "in consideration of the ebove
*
cession the United Stztes azree to Fay to the said tribes =d
bands the
3um of twenty-f ive thousand dollars+ * 3, (.Article 4). Article 5 further
-
provided "Ti:e United States further agee to F-J the s:m of three thousa~d

In 1861, a reserration on the Pacific Coast south of the mnaielt
River vas established. by the Su~erintendent of Indian Affairs for
Washington Territory for the Gllinzlelt and Quileute Tribes. Subsequently,
in 1873, thqt reservation was enlarged to its present size
byhecutive Order, aca was opened to other tribes of "fish-eating
Indiansff on the Pacific Cozst. (pet. Ex. 41;) The Wleutes, in 1889,
were set aside a snaU reservztion by President Cfevela~d at the nouth
of the Quillayute River (pet. Ex. 46). In 1693, a srnzll reservation
was set aside zt the mouth of the Hoh River for the Hoh Indias.
(Pet.
Lu. 61)
9, The Quileute villagcs were situated about the nouth of the
Quillayute her, on Jznos Island, xith cm?sites along the Quillzpte,
Dicke:~, Sol educlc and 3ogachiel Fivers in aboriginil times.
Si~ilsrly,
the villzges of Hoh fndians were situated at the mouth of the Hoh River.
Tenporzry or seasond caps were maintained by these Indians near their
fish-traps along the respective rivers bezring their n-mes. The lo-
=. 73)
cationsof these caqsites and villages are shmm on Dr. Rzyls rap,
(~lkf.
Dr. Lo J. Frachtenborg's manuscript, found by Dr. Verne Frecizr-ti
Ray in the hericzn P?ilosopnlcal Society's Library in Philadelphia
(R,, p. 20), includes a historical account of the Quileute, dated 1915,
-
bg Arthur Roxeattfe (pet. 2. 93, Q. 2:1), who was the son of the
last Chief Hoxeattle of the bileutes. The last chief died in 1898.
The uncle of this last chief >;as the old Chief 3oweattle who ps-: ' -
pated in the treaty cession of the Wleute vith C-overnor Stevens.

'This ini'ocer reported a long series of %rzrsn with the aggressive
fdakah tribe lastir! until "just prior to treaty tb.esl'.
Durirg the
period of these %-rarsn the qrileute noved to J=es Islznd, a natural
fortress, accessible by only t ~ trzils o he?m by the Quileutes
through
rock passages situate5 at the mouth of the Quihyute River, Just
prior to the trezty, the Quileute noved back to kpush which was their
only pemanmt village.
From this one per~anent village, the Quileutes
established seasonal camps dong the Quillapte River and near its con-
fluence with its major tri5utary rivers.
Quileute hunting parties
occasionally tient as far as the snow ridges of the Olppics on the east
for deer, bear a d elk.
'ko notable errors seea to appear in the re~rts
of this in,'orzer,
nanely, that the Hohs were only recent additions to
the Quileute, being origbdy of the Quinaielt tribe, and the map of
Quileute locations showstbe ~outh of the Dickey River f1o:iing hto the
Pacific rather thm into the Quillayute River.
Howezttle also .stzted
"the Wleute thought they had ceded the north half of Izke Ozetten,
he further related how, about 70 years earlier (about l8.46?), Wleutes
learned fw-seal-
when Chief Howeattle vent Ison a visit to the
Ozettes, and under tY,raveln, (QL., 3 :I31 of Pet. Ex, 93), Howeattle in-
forrris "few 03 the k"uiliutes ever tried or had a chance to lezrn the la=-
Xuage of the lhk~hs (S;)OIC~E 53 the ~zettes) and Qcinaults. " " -2 >- - The
greatest zzount of travel was done between Hoh a~d Lzpush-: %-
-> *since
both tribes were rzlated (sic) there tizs a great de~l of-friendly visit-
in?, at aU seasons. "
10. Ozztte Lake area :Tas not exclusively used ard occupied by the
(bilcute Indians,

a, D-e I-iakh Tribe (Docket 120. 60) assert cl2-k to the laid
areas northeast of the Quileute TriSe.
T5ere is an overlap of a~pox-
bztely ten iailes wide of the respective claim of this petitionzr
and the &kzh Tribe,
The Elakah clzi? the southeast cQrner of their
aSoriginzl lands was located at Cape Johnson ~ hich is appro~~m.ateljy
four niles north of the Cuillayute River.
(Dkt. 60, Far. 111, Oriz.
Pet.)
b. The petitioner, Quileute Tribe of Indians, dispte this
and claim the nmtheast corner of Cuileute aborigical lands was at
a point approxh2tely six d les sonth of the mouth of the Ozette
River. Tfius, zn overlap of claim of the petitioner tribe =d th2
hk2h Tribe is described c~~aining a strip of land appro~Lmtel7
ten miles in width extsnding along the whole south bounday
of the
territory claiized by the fkkah Tribe in Doc?tet 6G, and such overlap
includes a large portion of Lake Ozetke.
(~'d. 155, par. VII of
A~ended Pet., filed Dec. 23, 1955)
c. Dr. Verne Frederick Ray on behalf of petitioner conducted
2 research of the zrez in q~esticn (pet. Ex, 125) and his conclu-
sions seen to agree slrSstzntially, if r,ot absolutely, with the cession
bow-dq described in the treeties above nentiored. (5 Tr. pp. 733-'73i;) .
Both Dr. 2q and the trezties of cession see3 to suaprt petition?rsl
allegztiom so fa as the location of cession 5o~~dar-y betxeen the
Mak*
a d the Gdle~te is concerned.
?wever, ~-otxiths tanding these
considerations of tr?e locrtdcr, of tke comon 3i3=&~y as it 1.2.~ de-
scrijed in the trszty cession involved zni the rather thorough re-
sesrch ol' Dr. by iziterpreting sze, :.:e fld thzt Ozette hke, and

necessarily the shoreline surrounding it, was not used and occupied
e x lusively bz the Quileute Indians.
d. Governor Stevens was not well informed on the aboriginal
boundaries of the Indians, Quileute
and bhkzh, in the Ozette Lake
area, in fact a hiatus in the reports of "Indians west of the Cascades
and north of Gra;rs Harbor" existed in the journals and maps of government
men zzd explorers until long after treaty tines as to any
exact location of the north aboriqinal boundal-y of the Quileutes.
Gover~or Stevensf investigztor, Specizl Agent Shons, was
forcibly prevexted by "about 50 &i-eet
Indiansu from crossing the
Queets Eier north:rard into Hoh and kileute territory to investi-
gate the bou&ay in 1854, zs he was instructed to do by Stevens.
(pet. Zc. &)
Goverxmr Stevens' assistant, Dr.
George Gibbs, indicated his
ignorance of tht Quileute, or their territory, in his report dated
Much 1;) 125&, to Captzin Gorge B.
KcClellan, Conmnding Western
Divisior,, PI.
P. bilroad Exploration, 'in,.these words, "Still further
north, 2nd Set-;~een the Kxinzitl a d the Makahs, or Ca~e Flattery
1ndiar.s. arc other t~ibes still uknown, but who by vague rmors
* " *are both nunerous a d warlikeatt At page 429, Ebbs stated,
"The >kk&?s, or Clzssets, inhabit the coast in the neighborhood of
Ca~e Flattl,~, their country extending but a short distulce up the
Straits, wherz it adjoins thst of the Clallaxs.
Their-laneuaqe is
said to e:&erA h~lf xay doxn to Gray s Har5or ." (~nderscoring sup-
plied)

'The rzzps drawn by Stevens in 1857 after treaty times completely
onit Lake Ozette, as does the Survey or General's ZZap of 1865, as
does the $9. H.
Dall (~ibbs) 1,:ap of 10"77, corsistently showir-g the
onission of Iake Ozette until Potrellts Pap in 1891 (see Pet. Ex.
125). Frachtenbergt s later map of &ileute territory (1919) shcxs a
mislabeled "Dickey Rivern (~llen Creek ) as the north Quileute
boundary, six or seven miles south of hke Ozette. (pet. Ek. 125)
Skinonsf and Shz:-rls trip dovm the coast from Cape Flattery in
1855 was z renexed effort to supply Governor Stevens with boundary
infomation, but app=ently was not a thorough recmmissance,
which is 03-~ous upon notirg the omission of hke Ozette froa the
maps of t3is area for so aany years after the treakpcession.
e, Neither the "Peaty of Ol~pia', 12 Stat. 971, 11
Kappler 77,9, nor the "Treaty of Neah 3agn, 12 Stat. 939, I1 Kappler
682, with the ?:A\& Indians, described the comon boundary line on
the gound between the 2"aka.h and Wlleute Indians, further than the
location of the afore-nentioned comon'corner of such bounsary.
This corEr, in the Treaty of Me& Bay, azd referred to in the
Treaty of OQiqLa, is described in the forzer as nmJling south-
~2rdl7 aorg the coast to Osett, or the Lower Cqe Flztte-?;
thence east~ardly along the line of lands occuaied 54- the Kxe-deh-tut
, . -
is z~bi~ous because there is a lake, river, islmd and village all
naed Osstt; but probably the villagz wzs the reference point intecded
by "Gsetttt since it constitutes a point ncst readily ciscer~ible

at "Lower Cape Flatteryn. Evidence extreneous of the language of
the respective treaties must be relied upon to establish what was
the "lipe of lands occupied by the Kwill-eh-yute tribe."
f. Dr. Roland L Olson in his "The Cuinault Indiansn (1936)
in.classifying the Indians in this area wrote:
-2 * * * The Ozette, who lived about the lake of that
name and zdjacent coast, and the Suez (Tsuers?) who
lived along the Suez River, where Xkkah groups but
probably regarded themselves as distinct tribes,
g. The Ozette were an internediate group of Indians situat-
ed between the Kakah proper and the petitioner.
The Ozette village,
in pre-treaty tires as now, is more centrally located to this dis-
puted overlap area than either the MWk& proper or this petitioner.
we
fl~d InsMflclent euldence in this rescrd to zssocizte the
Ozettes as part of the Quileute tribe.
h. The docuztentary evidence of this overlap area in treaty
tkes was indeed vague and scant. Dr. George Gibbs commented in
his "North American Ethnologyn (l877), thereon as follows : (pet.
Ex. 20, p. 166)
-x- * * *hiorth of this (country of the Chehalis) there
were no lznd-locked hzrjors, the st~ezss entering tine
sea directly and without estuaries; of these there are
several, the lawgest beiw the K-~inaiutl, the Loh-whilse ,
and the Kxillehict. !bet is known of this section is
chiefly fro2 the ,joa-3e;r of tIessrs. Shons and Shaw, who
followed the coast covn fron Cape Flattery, in the swer
of 1855.
11. The whole of the 0l;mpic zountain range was a free range
-
to everyone. (~unther's Klalla Ethnography, p. 205) Dr. Ronald
Olson in his study, "The Quinault Indizns" (1936) reports (Pet. Ec.

7-Ind. C1. Corn. 31
* " * Werritory. In theory the triSal territory
embraced the whole region drained by the Guinarrlt
river** *. In practice not a foot of tribalterritory
was sharply determined. The southern boundary
is said to have followedit * * to the sudt of the
Olympic mountains. The heights above the sources of
the river were more or less common hunting territory
for Quinault, Skokozish, Klallan, and @eets. The
northern 1h.it of Quinault countq was roughly along
the northern rim of the watershed to the somce of
the 2aft river and down that strem to 3s mouth.
12. In aboriginal tines the Quileute Indians very largely
subsisted on fish and sea300d.
They utilized fishing weirs wnere
saloon were caught along the Quillayute
River. &ilecte Indians also
fished on the Bogachiel, Calawah znd Soleduck rivers. (R. 295-296)
Along the adjzcent Pacific coast Quile~te caught sineft, bass, pug,^,
~ ~ ~ , >-Z\Z=~=
~ , ??4, ~ ~ ~ g - ~ ~ ~ ~ , ~ ~ $ ~ =
fish shark, herring sardines, stmgeons, seal, sea-lion,porpoise
and whale.
(pet. Ex. 93, P. 3: 57) The Hoh lndians fished along
the river bearing their me.
These Indians, Quileute
and Hoh, also hunted deer, elk, small
game and birds (Fet. Ex. 74), including grouse, pneasult, wild
geese, cnck, brant, white-crested corn-orant, fa1 m, sea-gull,
puffin, rhinocsros auclid and loon.
(Pet. Ex. 93, p. 3 :l8)
On Little, 9uillapte, kcfield and Forks Prairies near the
afore-zentioned fishing streax, ucon which they travelled by canoe,
were gzthered goosebexies, red and blue huckleberries, sakon,
-
elder, salal, SlzckSerriss. thbble berries and strzxberries by
these Lydiazs. They dug cazs znd white clover roots at Forks a~d
other prairies.
-
(?et. LY. pa. 3:27 2mi 131)

7-I&. C1. Sox. 31
13. The 2uileute Tribe of Indizcs, together with their sub-
tribe of Hoh Indians, used a d occupied an area of land in abori-
ginal times described as follows:
* * %omnencing at a point on the Pacific coast immediately
west of the ridge line, wnich ridge is nearest
the mouth of and immediately north of the Quillayute
River, thence northeastward along said ridge line to a
point west of the nouth of Larger Creek on the Dickey
River; thence east across Franklin and Colenvl Creeks
to the ridge line on the north side of the Soleduck River
and following said reidge line northeastwzrd to the peak
on Gunderson Hill; thence to the confluence of PKdield
Creek and Shuwah Creek; thence southwzrd along the base
of the Calmah Ridge to a point on the Calawah River opposite
the nouth of Elk Creek; thecce gecerally southward
along ELk Creek to the southeast corner of Forks Prairie
on said creek-line; thence following along tho, line of the
south bou~dary of Forks Prairie extended to the Bogachiel
River; tkence follo:.riw upstreu;: along the course of said
river to a point opposite the mouth of Dorians Creek; thence
southwxd up Dowans Cresk tn its h~r&rf.~rc zt +_kt? ;cFT~+, cf
Haling Brothers Snin~le Zill; thence south~t7:nrd to the
nearest point in the reverse bend on the north bank of the
Hoh River; thence across the Hoh River southwest.;:zrd to the
nouth of stemboat Creek on the Pacific Coast; thence north
westward alorg the shoreline of the Pacific coast and including
Jrnes Islznd, to the place of beginring.
EXfIDEIfi'IARY FACTS SUPPOZFIXG ULXF4'I'E FIXIIh'G OF FACT NO. 13
a, The north aboriginal boundary line of the Quileute began
on the north side of the nouth of their principal fishing strea,
theQuillapte aver, on the Pacific Coast and south of Cape Johnson
claimed by the lkkah Tribe in Docket No, 60 (?inding 10)
b. This north boundary enco~passed Little Prairie, Quillayute
Prairie, the lower portior, of Dickey River, northeastxard along the
valley drainage of the Soleduck River to include 1-kcfield Przirie.
North of the f:x-ield Prairie was used ~FJ S'Klallzs and other seasonal
users of Lake Plezs~zt. (S1iClalla.z Indiixs, Docket Wo. 134)

c, The east boundayy of the Cuilacte exkecded to the Cala~ah
Flidge of the Olppic Xznge indi ding Xo. 11) encozpassirg Forks
Prairie and up the 2ogachiel River along the ridge line to the Hoh
Valley. (Ending 12)
-I -The south boundary follom the principal drainage area of
the south side of the Hoh River to the Pacific Ocean, the latter
forns the west bouciarg of the &leutc territory. Tne drainage of
Cleawater Creek enptics into the Queets River claimed by the Queets
Indians in the Qinault case, Docket KO. 242.
e. The Quileutes' ancestral land boundaries, as above defined,
include the principal drzinage arzzs of the Wllapte and
Hoh rivers md those aSove nmed prziries.coctigxous to their
fishing sites.
Thei~ lands were genera-
bounded on the north by
the hezvily forested upland regions south of kke Ozette, on the east
by the 01p?ic 1-bmtain Range, on the south bg the Queets River drain
age zrea,
and on the west by the Pzcific Ocezn.
a, Tne lands described in Ficding 13 were -,art of the lads
ceded to the Unoted States by the terns of the Treaty of Olyiiipia by
the diff =rent tribes and bafids of the Quinaielt and Guilleute Indizns.
m.e treaty was signed by dl pzrties between July 1, 1855,
and Janury 25, 1856. This treaty was not ratified, however, until
nore thvl three yezrs lzter or! ?

7 Ind. C1. Con. 31 48
15. Any rightthich petitioner or its ancestors and predeces-
sors in interest nay heve retained or acquired to any land tiithin
the boundaries as set forth in Finding 13 may be made the subject
of inquiry at the further he~ring of this claim respecting the
credits of defendant and consideration paid to peitioner or its
ancestors and predecessors in interest, and as to the value of
said lands as of the effective date of the treaty, fkrch 8, 1859.
Edgar E. Yitt
chief Co-missioner
huis J. 0 fbIerr
Associate Comissioner
Wm. $$.
Holt
Associate Co~xnissioner