H. G. Maison v. Confederated Tribes Of The Umatilla Indian Reservation

314 F.2d 169 H. G. MAISON, Individually and as Superintendent, Dept. of State Police of the State of Oregon, et al., Appellants, v. CONFEDERATED TRIBES OF the UMATILLA INDIAN RESERVATION et al., Appellees. No. 17139. United States Court of Appeals Ninth Circuit. February 15, 1963. Robert Y. Thornton, Atty. Gen. of Oregon, Arthur G. Higgs and Roy C. Atchison, Asst. Attys. Gen., Salem, Or., for appellant. Frank E. Nash, Mark C. McClanahan, King, Miller, Anderson, Nash & Yerke, Portland, Or., for appellees. Before HAMLIN, MERRILL and KOELSCH, Circuit Judges. KOELSCH, Circuit Judge. 1 This case involves fishing rights of the Confederated Tribes of the Walla Walla, Cayuse and Umatilla Indians under a treaty with the United States. 2 The District Court had jurisdiction under the provisions of 28 U.S.C. § 1331 , relating to federal questions, and 28 U.S.C. § 2201 , the Federal Declaratory Judgments Act. The provisions of 28 U.S.C. § 2281 , requiring a three-judge court are not applicable and trial was properly had before a single judge. 1 Jurisdiction is conferred upon this court under the provisions of 28 U.S.C. § 1291 . 3 It appears that late in May of 1855 a…