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TEE-HIT-TON TRIBE OF TLINGIT INDIANS OF ALASKA v. OLSON

No. 10611.

144 F.2d 347 (1944)

TEE-HIT-TON TRIBE OF TLINGIT INDIANS OF ALASKA et al. ex rel. U. S. v. OLSON et al.

Circuit Court of Appeals, Ninth Circuit.

July 17, 1944.

Attorney(s) appearing for the Case

William L. Paul, Jr., and Frederick Paul, both of Juneau, Alaska, for appellant.

Norman M. Littell, Asst. Atty. Gen., and Norman MacDonald and John C. Harrington, Attys. Dept. of Justice, both of Washington, D. C., for appellees.

Kerr, McCord & Carey, Evan S. McCord, and Stephen V. Carey, all of Seattle, Wash., and H. L. Faulkner, of Juneau, Alaska, amici curiae.

Before STEPHENS and HEALY, Circuit Judges, and FEE, District Judge.

JAMES ALGER FEE, District Judge.

This action is brought by a member of the Tee-Hit-Ton Tribe on a complaint containing three causes of action wherein it is claimed that the tribe is the owner of certain rights of fishery, and it is further claimed that Congress and the Secretary of the Interior and other officials have infringed thereon by the Fishery Acts and Regulations. Injunction and other relief is sought. A demurrer was sustained to the complaint by the District...

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