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Supreme Court of the United States
October 21, 1948, Argued ; May 31, 1949, Decided
[*89] [**971] [***1237] MR. JUSTICE REED delivered the opinion of the Court.
The Secretary of the Interior on May 22, 1943, issued Public Land Order 128. It is set out in full below. 1 [****10] In this case the significant [***1238] part of No. 128 is that the Secretary included in the reservation, by paragraph 2, adjacent tidelands and coastal waters along the entire shore line of the uplands that touched Shelikof Strait between Kodiak Island and the Alaska Peninsula. ] The authority of the Secretary to utilize presidential power in the designation of this reservation out of public lands in Alaska flows from a delegation to the [**972] Secretary of presidential power to withdraw or reserve public lands and revoke or [*90] modify prior reservations. Executive Order No. 9146, of April 24, 1942, 1 C. F. R., ***. Supp. 1149. The presidential power over reservations is made specific by the Act of June 25, 1910. 2 Another statutory provision, however, is the principal basis for Order 128. This is [*91] § 2 of the Act of May 1, 1936, 49 Stat. 1250. This act was passed to extend to Alaska [****8] the benefits of the Wheeler-Howard Act of June 18, 1934, 48 Stat. 984, and to provide for the designation of Indian reservations in Alaska. As § 2 is important in our discussion, the pertinent provisions are set out in full:
] "SEC. 2. That the Secretary of the Interior is hereby authorized to designate as an Indian reservation any area of land which has been reserved for the use and occupancy of Indians or Eskimos by section 8 of the Act of May 17, 1884 (23 Stat. 26), or by section 14 or section 15 of the Act of March 3, 1891 (26 Stat. 1101), or which has been heretofore reserved under any executive order and placed under the jurisdiction of the Department of the Interior or any bureau thereof, together with additional public lands adjacent thereto, within the Territory of Alaska, or any other public lands which are actually occupied by Indians or Eskimos within said Territory: Provided, That the designation by the Secretary of the Interior of any such area of land as a reservation shall be effective only upon its approval by the vote, by secret ballot, of a majority of the Indian or Eskimo residents thereof who vote at a special election duly called by the Secretary of the [****9] Interior upon thirty days' notice: . . . ."
The Native Village of Karluk held a meeting on May 23, 1944, and accepted "the proposed Indian Reservation for this village. The adoption of said Reservation passed by a vote of 46 for and 0 against. 11 of the eligible voters were absent." See note 26, infra. Under § 19 of the Wheeler-Howard Act the Alaskan aborigines are classified as Indians.
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337 U.S. 86 *; 69 S. Ct. 968 **; 93 L. Ed. 1231 ***; 1949 U.S. LEXIS 2954 ****; 12 Alaska 348
HYNES, REGIONAL DIRECTOR, FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR, v. GRIMES PACKING CO. ET AL.
Prior History: CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
Several companies which were engaged in the canning of fish in Alaska brought an action against the Regional Director to enjoin the enforcement of a federal regulation prohibiting commercial fishing in the waters of the Karluk Reservation. The District Court granted a permanent injunction. 67 F.Supp. 43. The Court of Appeals affirmed. 165 F.2d 323. This Court granted certiorari. 333 U.S. 866. Decrees vacated and case remanded for further proceedings, p. 127.
Disposition: 165 F.2d 323, decree vacated and case remanded.
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