H. V. Holcomb v. Confederated Tribes Of The Umatilla Indian Reservation

382 F.2d 1013 H. V. HOLCOMB, Individually and as Superintendent, Department of State Police of the State of Oregon et al., Appellants, v. CONFEDERATED TRIBES OF the UMATILLA INDIAN RESERVATION et al., Appellees. No. 21459. United States Court of Appeals Ninth Circuit. Sept. 19, 1967. 1 Robert Y. Thornton, Atty. Gen., Salem, Or., Roy C. Atchinson, Asst. Atty. Gen., Portland, Or., for appellants. 2 Mark McClanahan, King, Miller, Anderson, Nash & Yerke, Portland, Or., for appellees. 3 Before CHAMBERS and MERRILL, Circuit Judges, and JAMESON, District judge. JAMESON, District Judge: 4 This is an appeal from a decree declaring that the Confederated Tribes of Umatilla Indians have a right, privilege and immunity under the Treaty of June 9, 1855, 1 to hunt for subsistence purposes on 'unclaimed lands' without restriction or control under the game laws and regulations of the State of Oregon and from an injunction issued pursuant thereto. Appellants contend that (1) the action was instituted in the wrong forum and the Tribe should have asserted its 'rights' before the Indian Claims Commission; 2 and (2) the State of Oregon has power to enforce its game laws equally among all of its…