The Cowlitz Tribe of Indians v. City of Tacoma, a Municipal Corporation

An action has been brought by the Cowlitz Tribe of Indians for damages and for an injunction against the City of Tacoma, to enjoin, the latter from constructing two dams on the Cowlitz River and from selling any bonds in connection therewith. The essential basis of the claim of the Tribe is that the aboriginal title to all the real property used in construction of the proposed Mayfield and Mossyrock dams has never been extinguished. The Tribe claims fee simple title to all the lands at the sites and the property in all the waters of the Cow-litz. It is also alleged that fishing rights of the Tribe are and will be interfered with and that burial grounds of its ancients will be desecrated.

The City raised the question of jurisdiction in its answer. The Tribe answered a series of interrogatories by the City, but failed to respond to a request for admissions as to the genuineness of documents. The Tribe also filed several affidavits in support of its claim.

The trial court held a preliminary hearing to determine the affirmative de fenses set out in the answer. It considered the evidence, records and files in the case, including the affidavits and exhibits. The District Court then…