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OLIPHANT v. SUQUAMISH INDIAN TRIBE

No. 76-5729.

435 U.S. 191 (1978)

98 S.Ct. 1011

55 L.Ed.2d 209

OLIPHANT v. SUQUAMISH INDIAN TRIBE ET AL.

Supreme Court of United States.

Decided March 6, 1978.

Attorney(s) appearing for the Case

Philip P. Malone argued the cause and field briefs for petitioners. Slade Gorton, Attorney General, argued the cause for the State of Washington as amicus curiae urging reversal. With him on the brief were Edward B. Mackie, Deputy Attorney General, and Timothy R. Malone, Assistant Attorney General.

Barry D. Ernstoff argued the cause for respondents. With him on the brief was Steven H. Chestnut. H. Bartow Farr III argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General McCree, Assistant Attorneys General Days and Moorman, Louis F. Claiborne, and Miriam R. Eisenstein.†

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Two hundred years ago, the area bordering Puget Sound consisted of a large number of politically autonomous Indian villages, each occupied by from a few dozen to over 100 Indians. These loosely related villages were aggregated into a series of Indian tribes, one of which, the Suquamish, has become the focal point of this litigation. By the 1855 Treaty of Point Elliott, 12 Stat. 927, the Suquamish Indian Tribe...

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