Confederated Tribes of the Colville Indian Reservation v. Washington

I dissent. I would affirm, substantially for the reasons stated by Chief Judge Neill in the District Court, E.D.Wash.1976, 412 F.Supp. 651. I do not agree that “the tribal council’s own scheme permits the ‘situation of dual state-federal jurisdiction’ that the district court found Congress had intended”, as the majority states supra, p. 92. Judge Neill pointed out that the “dual state-federal jurisdiction” does not extend to hunting and fishing, by virtue of 18 U.S.C. §§ 1162(b) and 1165. As he said, the grant of jurisdiction to Washington is subject to the limitation of § 1162(b). (412…