No. 187.

391 U.S. 404 (1968)


Supreme Court of United States.

Reargued April 25, 1968.

Decided May 27, 1968.

Attorney(s) appearing for the Case

Charles A. Hobbs reargued the cause for petitioner. With him on the briefs on the reargument and on the original argument were John W. Cragun, Angelo A. Iadarola, and James R. Modrall III.

Louis F. Claiborne reargued the cause for the United States. With him on the brief on the reargument were Solicitor General Griswold and Assistant Attorney General Martz, and on the original argument Mr. Griswold, Acting Assistant Attorney General Harrison, and Roger P. Marquis.

Bronson C. La Follette, Attorney General of Wisconsin, argued the cause on the reargument for the State of Wisconsin, as amicus curiae. With him on the briefs was William F. Eich, Assistant Attorney General.

Briefs of amici curiae were filed by Albert J. Ahern for the National Congress of American Indians, and by Arthur Lazarus, Jr., for the Association of American Indian Affairs, Inc.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Menominee Tribe of Indians was granted a reservation in Wisconsin by the Treaty of Wolf River in 1854. 10 Stat. 1064. By this treaty the Menominees retroceded certain lands they had acquired under an earlier treaty and the United States confirmed to them the Wolf River Reservation "for a home, to be held as Indian lands are held." Nothing was said in the 1854 treaty...

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