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Organized Village of Kake Vs. Egan

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  • US Supreme Court
  • Mar 05, 1962

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  1. United States Vs. Kagama US Supreme Court · May 10, 1886
  2. New York Ex Rel. Ray Vs. Martin US Supreme Court · Jan 07, 1946
    Relied / Followed
  3. Tulee Vs. Washington US Supreme Court · Mar 30, 1942
  4. United States Vs. Mcbratney US Supreme Court · Jan 01, 1881
  5. United States Vs. Quiver US Supreme Court · Jun 12, 1916
  6. U.S. 60 (1962) U.S. Supreme Court Organized Village of Kake v. Egan
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  7. U.S. 60 (1962) Organized Village of Kake v. Egan
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  8. FRANKFURTER delivered the opinion of the Court. This is a companion case to No. 2, Metlakatla Indian Community v. Egan
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  9. CFR (1961 Supp.) pt. 88. The history of this litigation is recited in Metlakatla Indian Community v. Egan
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  10. equipment in order to conserve fish, but forbade him, in so doing, to create exclusive rights, even in Indians. Hynes v. Grimes
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  11. does not violate federal law, and not an exemption from state licensing or police power requirements. Cf. Maurer v. Hamilton
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  12. South Carolina State Highway Dept. v. Barnwell
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  13. must be construed in light of the circumstances of its formulation and enactment. See Alaska Pacific Fisheries v. United
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  14. a trap site. The prior claim of the first trapper is respected. See United States v. Libby
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  15. yet, in Williams v. Lee
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  16. self-government. The identical language appears in Montana's admission Act, 25 Stat. 676, 677, yet, in Draper v. United
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  17. Department, urged the inclusion of such a provision in order to avoid the possibility that, under United States v. McBratney
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  18. carried the gloss of its predecessor statutes, meaning undiminished, not exclusive. Cf. Boston Sand & Gravel Co. v. United
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  19. U. S. 375 . Other offenses remained matters for the tribe, United States v. Quiver
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  20. U. S. 602 . The general notion drawn from Chief Justice Marshall's opinion in Worcester v. Georgia
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  21. State or Territory, and subject to its jurisdiction except as forbidden by federal law. Utah & Northern R. Co. v. Fisher
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  22. U. S. 28 , 116 U. S. 31 . In Langford v. Monteith
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  23. process might be served within a reservation for a suit in territorial court between two non-Indians. In United States v. McBratney
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  24. U. S. 621 , and Draper v. United
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  25. to the power of the States when not granted Congressional authority to regulate matters affecting Indians. In Thomas v. Gay
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  26. Indians, but that effect was declared to be too remote to require a contrary result. In the latest decision, Williams v. Lee
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  27. of Indian country. See Cohen, Indian Rights and the Federal Courts, 24 Minn.L.Rev. 145, 153 (1940), citing Pablo v. People
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  28. by federal treaties, off-reservation hunting and fishing rights have been held subject to state regulation, Ward v. Race
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  29. that Washington could not apply the laws enforced in Tulee to fishing within a reservation, Pioneer Packing Co. v. Winslow
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  30. Moore v. United
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  31. States, 157 F.2d 760, 765 (C.A.9th Cir.). See State v. Cooney
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  32. certainly does not impinge on treaty-protected reservation self-government, the factor found decisive in Williams v. Lee
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  33. was that the railway right-of-way had been withdrawn from the reservation, as was held in Maricopa & Phoenix R. Co. v. Arizona
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  34. Alaska Pacific Fisheries Co. v. United
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  35. U.S. Supreme Court Organized Village of Kake v. Egan
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  36. Indians. Hynes v. Grimes
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  37. Cf. Maurer v. Hamilton
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  38. See Alaska Pacific Fisheries v. United
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  39. See United States v. Libby
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  40. Williams v. Lee
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  41. Draper v. United
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  42. Cf. Boston Sand & Gravel Co. v. United
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  43. Worcester v. Georgia
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  44. Utah & Northern R. Co. v. Fisher
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  45. In Langford v. Monteith
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  46. In United States v. McBratney
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  47. and Draper v. United
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  48. Indians. In Thomas v. Gay
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  49. Ray v. Martin
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  50. Pablo v. People
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