Skokomish Indian Tribe v. E. L. France, Trustee

This is a trespass and quiet-title action involving certain tidelands located at the head of Hood Canal in the State of Washington. The action was commenced by the Skokomish Indian Tribe which claims the tidelands by virtue of a certain treaty and an executive order. Named as defendants are the State of Washington and several corporations and individuals who are alleged to claim some interest in these tidelands.

After proceedings extending over several years an order was entered (1) denying plaintiff’s motion to order the joining of the United States of America as an additional party plaintiff, (2) dismissing the action as to the State of Washington for want of consent to be sued in a federal court, and (3) dismissing the action as to all defendants for want of jurisdiction of the subject matter. Plaintiff appeals, contesting each of these rulings.

The last of these rulings will -be considered first. Appellant predicates jurisdiction on 28 U.S.C.A. §§ 1331 and 1345. The effect of the order under review is to deny the applicability of either of these jurisdictional statutes.

Under § 1331 district courts have original jurisdiction of civil actions wherein the matter in…