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CONFEDERATED TRIBES OF UMATILLA INDIAN RES. v. MAISON

Civ. No. 64-317.

262 F.Supp. 871 (1966)

CONFEDERATED TRIBES OF the UMATILLA INDIAN RESERVATION, Pendleton, Oregon, and Gilbert E. Conner, Sam Kash Kash, Thelma M. Reick, Joseph A. Sheoships, David S. Hall, Louis F. McFarland, Joseph T. Johnson, Louis G. Crane and Bryson G. Liberty, each on its or his own behalf and as representative of the members of the Confederated Tribes of the Umatilla Indian Reservation, Pendleton, Oregon, Plaintiffs, v. H. G. MAISON, Salem, Oregon, individually and as Superintendent, Department of State Police of the State of Oregon, Robert Y. Thornton, Salem, Oregon, individually and as Attorney General of the State of Oregon, John Amacher, Roseburg, Oregon, Tallan Greenough, Coquille, Oregon, Wayne Phillips, Baker, Oregon, Joseph W. Smith, Klamath Falls, Oregon, and J. Pat Metke, Bend, Oregon, individually and as members of the State Game Commission of the State of Oregon, and George L. Anderson, Jr., LaGrande, Oregon, individually and as District Attorney of Union County, Oregon, Defendants.

United States District Court D. Oregon.

August 8, 1966.

Attorney(s) appearing for the Case

Mark C. McClanahan, King, Miller, Anderson, Nash & Yerke, Portland, Or., for plaintiffs.

Theodore H. Little, Clarkston, Wash., for the Nez Perce Indian Tribe of Idaho, amicus curiae.

Robert Y. Thornton, Atty. Gen. for Oregon, Salem, Or., Roy C. Atchison, Asst. Atty. Gen., Portland, Or., John J. O'Connell, Atty. Gen. for Washington, J. L. Coniff and Mike Johnston, Asst. Attys. Gen., Olympia, Wash., for defendants.

OPINION

SOLOMON, District Judge:

The Confederated Tribes of the Umatilla Indian Reservation and nine individual tribesmen brought this action for declaratory judgment and an injunction against the Oregon Game Commission and various State law enforcement officials. They contend that State regulations which restrict hunting, particularly for deer and elk, cannot be applied to them so long as they confine their...

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