Ruling reaffirms tribal sovereignty in cigarette case
By PHIL FEROLITO
YAKIMA HERALD-REPUBLIC
Published on Tuesday, May 22, 2007
The three-judge panel of the U.S. 9th Circuit Court of Appeals has upheld a ruling dismissing tobacco smuggling charges against two Yakama tribal members.
Citing the Yakama Treaty of 1855, a federal judge in June 2005 dismissed smuggling charges against Harry Smiskin, 55, and his 31-year-old son, Kato Smiskin.
On Friday, that decision was upheld by three judges from the U.S. 9th Circuit Court in San Francisco.
The Smiskins were indicted in August 2004 after more than 4,000 cartons of untaxed cigarettes were seized from a trailer at Harry Smiskin's Wapato home. Conviction would have carried up to five years in prison and a $250,000 fine.
Harry Smiskin on Monday said the ruling was paramount to the tribe's sovereignty and treaty.
"It really helps the nation. What it does is reaffirms what I've said all along, that the Yakamas have the right to freely travel and trade," he said. "That was affirmed back in 1855, and we are reaffirming that right now and the court concurs with that."
Under state law, state authorities are to be notified of any large shipments of untaxed cigarettes.
But U.S. District Judge Edward Shae -- citing the 1855 treaty -- ruled in June 2005 that Yakama tribal members don't have to give any prior notice to the state when transporting goods to market.
Tribal members on the reservation aren't subject to state tobacco taxes, and the purpose of the prior-notification requirement is to help the state collect taxes, Shae said in his ruling.
The federal government didn't agree with the ruling, and appealed it shortly afterwards.
Contents
May 2007 Reports
Last updated on May 25, 2007