bering sea arbitration was an agreement between the united states and great britain that settled fishing rights.
bering sea arbitration was an agreement between the united states and great britain that settled fishing rights.
an agreement between the united states and great britain that settled fishing rights?
bering sea arbitration
Na
Na
justice william o. douglas delivered the opinion of the court. in a 6-2 decision, the ruling of the u.s. court of claims was affirmed, ruling that the tribe retained its hunting and fishing rights under the treaty. douglas noted that public law 280 had been enacted and was fully in force for approximately seven years before the termination act became effective. the section of that law that dealt with wisconsin provided that hunting and fishing rights in "indian country" were protected from state regulation and action. thus from 1954 until termination in 1961, the menominee's hunting and fishing rights were not interfered with by wisconsin. the termination act stated that all federal statutes dealing with the tribe were no longer in force, but douglas noted that it was silent with regard to treaties. the act did not specifically address the hunting and fishing rights, and douglas stated that the u.s. supreme court would "decline to construe the termination act as a backhanded way of abrogating the hunting and fishing rights of these indians." he noted that in a similar bill for the klamath tribe, there was a discussion on paying the tribe to buy out their hunting and fishing rights, a clear indication that congress was aware of the implications. douglas found it hard to believe that congress would subject the united states to a claim for compensation without an explicit statement to that effect. he found that without a specific abrogation of those rights, the tribe retained those rights.
menominee tribe v. united states