PUYALLUP TRIBE v. DEPT. OF GAME

No. 247.

391 U.S. 392 (1968)

PUYALLUP TRIBE v. DEPARTMENT OF GAME OF WASHINGTON ET AL.

Supreme Court of United States.

Decided May 27, 1968.


Attorney(s) appearing for the Case

Arthur Knodel argued the cause and filed briefs for petitioner in No. 247. Jack E. Tanner argued the cause and filed a brief for petitioners in No. 319.

Joseph L. Coniff, Special Assistant Attorney General of Washington, and Mike R. Johnston, Assistant Attorney General, argued the cause for respondents in both cases. With them on the briefs was John J. O'Connell, Attorney General.

John S. Martin, Jr., argued the cause for the United States, as amicus curiae, urging reversal in both cases. With him on the brief were Solicitor General Griswold, Assistant Attorney General Martz, Louis F. Claiborne, Roger P. Marquis, and Edmund B. Clark.

George S. Woodworth, Assistant Attorney General, argued the cause for the State of Oregon, as amicus curiae, urging affirmance in both cases. With him on the brief were Robert Y. Thornton, Attorney General, and Roy C. Atchison and Henry S. Kane, Assistant Attorneys General. T. J. Jones III argued the cause for the State of Idaho Fish and Game Department, as amicus curiae, urging affirmance in both cases. With him on the brief was Allan G. Shepard, Attorney General of Idaho.

Briefs of amici curiae, urging reversal in No. 247, were filed by Arthur Lazarus, Jr., for the Association on American Indian Affairs, Inc., by Albert J. Ahern for the National Congress of American Indians, and by James B. Hovis for the Confederated Bands and Tribes of the Yakima Indian Nation.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

These cases present a question of public importance which involves in the first place a construction of the Treaty of Medicine Creek made with the Puyallup and Nisqually Indians in 1854 (10 Stat. 1132) and secondly the constitutionality of certain conservation measures adopted by the State of Washington allegedly impinging on those treaty rights.

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