Maison

This case involves fishing rights of the Confederated Tribes of the Walla Walla, Cayuse and Umatilla Indians under a treaty with the United States.

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 .

It appears that late in May of 1855 a joint council was held at Camp Stevens in the Walla Walla Valley of the State of Washington between representatives of the United States and certain Indian tribes of Washington and Oregon. At that council the plaintiffs’ ancestors were persuaded to accept a treaty containing the following provision:

The controversy here concerns that portion of the treaty provision which relates to the Indians’ right to fish outside their reservation “in common with citizens of the United States.”

In 1958 the Oregon State Game Commission promulgated regulations prohibiting fishing on tributaries of the Columbia and Snake…