Maison v. Confederated Tribes of Umatilla Indian Reservation

KOELSCH, Circuit Judge.

This case involves fishing rights of the Confederated Tribes of the Walla Walla, Cayuse and Umatilla Indians under a treaty with the United States.

The District Court had jurisdiction under the provisions of 28 U.S.C. § 1331, relating to federal questions, and 28 U.S.C. § 2201, the Federal Declaratory Judgments Act. The provisions of 28 U.S.C. § 2281, requiring a three-judge court are not applicable and trial was properly had before a single judge.1 Jurisdiction is conferred upon this court under the provisions of 28 U.S.C. § 1291.

It appears that late in May of 1855 a…