McCauley

This is an appeal from a decree of the district court enjoining the appellants, found to be and admitted here to be purporting to act as officers of the State of Washington in enforcement of its fish and game laws, from interfering with appel-lees’ certain fishing rights in the Hoko River, held to belong to and to be secured to the Makah Indian Tribe and its members by treaty of 1859 between the tribe and the United States, 12 Stat. 939 .

The complaint seeking injunctive protection of the Indians’ rights under their treaty, contrary to appellants’ contention, is one whose subject matter is within the jurisdiction of the district court. 54 Stat. 143 , 28 U.S.C.A. § 41 , subd. (1) (a).

The allegations of the complaint charge acts of the appellants for which there is clearly no warrant under the laws of Washington, — that is in excess and outside of any authority conferred on them as such state officers. Article IV of the Makah treaty of 1859 provides:

The United States Supreme Court in construing an essentially similar provision 1 in the treaty of the Yakima Indians held “that while the treaty leaves the state with power to impose on Indians equally with others such restrictions…