The Quechan Tribe of Indians v. Raymond Rowe, Sheriff of Imperial County

The Quechan Tribe of Indians, which resides on and governs the Fort Yuma Indian Reservation located along the Colorado River, 1 was organized under the Indian Reorganization Act of 1934, 48 Stat. 984 , 25 U.S.C. §§ 461-479 . The Secretary of the Interior approved the Constitution and Bylaws of the Quechan Tribe in 1936.

Article XI of those Bylaws authorizes the adoption of tribal ordinances “for the control of hunting and fishing on the reservation . . .’’To that end the tribe has enacted three ordinances. Ordinance number QT-4 prohibits the use of rifles on the reservation and requires non-members of *410 the tribe to obtain tribal permits before pursuing game on the reservation. Nonmembers are also required to observe the game laws of the State of California while on the reservation. Ordinance 5-60 declares that any non-Indian hunting or fishing on the reservation without a tribal permit is guilty of trespass and subject to arrest by a tribal officer, who is to take the trespasser before the tribal court or to require him to sign a citation agreeing to appear before the court. Upon conviction the tribal court must assess damages against the trespasser and fine him no…

(concurring):

I concur with the result reached by the majority but reach it by a different path.

*412 Buker was an officer of the Bureau of Indian Affairs and had the authority and responsibility to enforce federal and tribal laws pursuant to 18 U.S.C. § 1165 . That authority extended to non-Indians and clothed him with the legal power to prevent non-Indians from hunting on the reservation without consent of the tribe. The three youths did not have the tribe’s consent, which is granted only with the purchase of a tribal permit. Buker could have reasonably concluded that they came on to the reservation to hunt. The tribe’s dove season was open; the youths had at least one gun that could have been used for dove hunting; and Buker had heard shots coming from the area where the youths had been.

As Buker had authority over the non-Indians, we do not need to decide whether he had actual authority to take the boys’ guns. All we need to conclude is that he was acting in good faith to enforce a federal law which he had authority to enforce. It is undisputed that Buker was acting in good faith. If his alleged criminal act was done in good faith pursuant to a duty imposed upon him by…

531 F.2d 408 The QUECHAN TRIBE OF INDIANS, Plaintiff-Appellee, v. Raymond ROWE, Sheriff of Imperial County, et al., Defendants-Appellants. No. 72--3199. United States Court of Appeals, Ninth Circuit. Feb. 2, 1976. James H. Harmon, County Counsel (argued), El Centro, Cal., for defendants-appellants. Ronald A. Albu (argued), of Cal. Indian Legal Services, Escondido, Cal., for plaintiff-appellee. Lawrence E. Shearer, Atty. (argued), Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for amicus U.S. OPINION Before CHAMBERS and WALLACE, Circuit Judges, and EAST, * District Judge. CHAMBERS, Circuit Judge: 1 The Quechan Tribe of Indians, which resides on and governs the Fort Yuma Indian Reservation located along the Colorado River, 1 was organized under the Indian Reorganization Act of 1934, 48 Stat. 984 , 25 U.S.C. §§ 461 --479. The Secretary of the Interior approved the Constitution and Bylaws of the Quechan Tribe in 1936. 2 Article XI of those Bylaws authorizes the adoption of tribal ordinances 'for the control of hunting and fishing on the reservation . . .' To that end the tribe has enacted three ordinances. Ordinance number QT--4 prohibits the use…