OAG 40-87.

• Case Date: October 17, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-87. 97OPINION NO. 40-87[20 Or. Op. Atty. Gen. 97]Umatilla and Cayuse Indians required to have state license to hunt off the reservation on unclaimed lands of the government, and to obey other game laws of the state while so hunting.October 17, 1940.Hon. A. C. McIntyre,District Attorney, Umatilla County. Dear Sir: Under date of October 14, 1940, you refer to my opinion to the district attorney of Umatilla county of November 27, 1928, in which it is held that without the boundaries of their reservations Indians are required to comply with the game laws of the state of Oregon in common with the citizens of this state. That opinion was written with special reference to the treaty between the United States and the Umatilla and Cayuse Indians, and the particular provision that:

"The privilege of hunting, gathering roots and berries, and pasturing their stock on unclaimed lands in common with citizens is also secured to them."

You state that the superintendent of the Umatilla reservation now contends that under said treaty Indians are not required to have a state license to hunt off the reservation on unclaimed lands of the government, or to obey any of the other game laws of the state of Oregon while so hunting. You request me to advise you whether or not I am of the same opinion as that expressed in said opinion of November 27, 1928. The opinion of November 27, 1928, referred to my opinion of August 4, 1927, Opinions of the Attorney-General, 1926-1928, page 272. Among the authorities therein cited is State v. Wallahee, 255 Pac...