Crain

Appellants are Indians enrolled in the Klamath Tribe. They brought separate actions in the district court against appellee. The First National Bank of Oregon, Portland, for declaratory judgment holding (1) the provisions of the Klamath Termination Act, 25 U.S.C. §§ 564 -564x, providing for the placing of funds of Indians determined by the Secretary of the Interior to be in need of assistance in private trusts to be unconstitutional, and (2) the balloting procedure required by Section 564d of that Act was not followed. The United States intervened pursuant to 28 U.S.C. § 2403 and thereafter appellant, Furman Crain, Sr., *534 moved for summary judgment. 1 Following the denial of such motion, all three actions were consolidated and a pretrial order was entered in which all of the facts were agreed. Appellants and appellees then moved for summary judgment. The district court granted appellee’s motion and entered judgment. This appeal followed.

The district court had jurisdiction under the provisions of 28 U.S.C. § 1331 , relating to federal questions, and 28 U.S. C. §§ 2201, 2202, the Federal Declaratory Judgments Act. Jurisdiction is conferred upon this court under the provisions…