OAG 40-63.

• Case Date: September 19, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-63. 74OPINION NO. 40-63[20 Or. Op. Atty. Gen. 74]Members of other Indian tribes who retain their status as wards of the United States are not required to obtain license to hunt in Klamath reservation.September 19, 1940.Hon. L. Orth Sisemore,District Attorney, Klamath County. Dear Sir: Under date of August 7, 1940, you request my opinion whether an Indian not belonging to or enrolled in the Klamath tribe, but living on the Klamath Indian reservation, is subject to state game laws relating to hunting deer within the confines of the Klamath Indian reservation. The treaty with the Klamath, etc., Indians is found in Senate Documents, Vol. 39, Indian Affairs, Laws and Treaties, 2nd Edition, Vol. 2, beginning at page 865. It includes not only the Klamath and Modoc tribes, but a number of other bands of Indians whose representatives are signatories thereto. The last paragraph of Article 1 of the treaty provides:

"It is further stipulated and agreed that no white person shall be permitted to locate or remain upon the reservation, except the Indian superintendent and agent, employes of the Indian department, and officers of the Army of the United States, and that in case persons other than those specified are found upon the reservation, they shall be immediately expelled therefrom; and the exclusive right of taking fish in the streams and lakes, included in said reservation, and of gathering edible roots, seeds, and berries within its limits, is hereby secured to the Indians aforesaid: Provided, also, That the right of way for public roads and railroads across said reservation is reserved to citizens of the United States."

Where a portion of the public domain has been lawfully set apart as an Indian reservation, it is deemed to be Indian country within the meaning of the Federal Laws.

Donnelly v. United States, 228 U. S. 243, 33 S. Ct. 449, 57 L. Ed. 820, Ann. Cas. 1913E, 710.

United States v. Pelican, 232 U. S. 442, 34 S. Ct. 396, 58 L. Ed. 676.

The jurisdiction of the state extends over Indian country within its borders, except as limited by Indian treaties or federal laws, but it has no jurisdiction therein over those persons or those matters which have been placed within the exclusive jurisdiction of the United States by the Indian treaties and the federal laws.

United States v. Kagama, 118 U.

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