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METLAKATLA INDIAN COM., ANNETTE ISLAND RES. v. EGAN

Nos. 21-23.

362 P.2d 901 (1961)

METLAKATLA INDIAN COMMUNITY, ANNETTE ISLAND RESERVE, a Federally Chartered Corporation; Organized Village of Kake; and Angoon Community Association, Appellants, v. William A. EGAN, Governor of the State of Alaska, and The State of Alaska, Appellees.

Supreme Court of Alaska.

June 2, 1961.

Attorney(s) appearing for the Case

Richard Schifter, Washington, D.C., Theodore H. Little, Clarkston, Wash., N.C. Banfield, Juneau, for appellant, Metlakatla Indian Community.

John W. Cragun, Washington, D.C., N.C. Banfield, Juneau, for appellants, Organized Village of Kake and Angoon Community Assn.

Ralph E. Moody, Atty. Gen. of Alaska, Douglas L. Gregg, special counsel to Governor, Juneau, Perry W. Morton, U.S. Asst. Atty. Gen., for appellees.

Roger P. Marquis, Dept. of Justice, Washington, D.C., for the United States, amicus curiae.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

NESBETT, Chief Justice.

These controversies arose out of the determination of the State of Alaska to prohibit the use of all fish traps for the taking of salmon for commercial purposes in all the coastal waters of the state. Appellants contended that their fish traps were exceptions to the prohibitions contained in the constitution and laws of Alaska because their operation had been authorized by the Secretary of the Interior of the United States, who, they claimed...

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