mattz arnett argued decided june petitioner yurok klamath river indian intervened forfeiture proceeding seeking return five gill nets confiscated california game warden alleged nets seized indian country within meaning state statutes prohibiting use apply state trial found klamath river reservation practical purposes almost immediately lost identity concluded area indian country state appeal affirmed holding since area opened unrestricted homestead entry earlier reservation status land terminated indian country defined including land within limits indian reservation jurisdiction government withstanding issuance patent klamath river reservation established executive order included area question executive order klamath river reservation made part hoopa valley reservation act june provided lands embraced klamath river reservation reserved executive order declared subject settlement entry purchase laws granting homestead rights provided indian located upon said reservation may time within one year apply secretary interior allotment land secretary interior may reserve settlement entry purchase tract upon village settlement indians located may set apart permanent use occupation said village settlement indians act provided proceeds sale lands shall constitute fund maintenance education indians residing said lands children held klamath river reservation terminated act june land within reservation boundaries still indian country within meaning pp allotment provisions act rather indicating intention terminate reservation completely consistent continued reservation status seymour superintendent pp reference act klamath river reservation past tense manifest congressional purpose terminate reservation merely convenient way identifying land recently included hoopa valley reservation pp act legislative history support view reservation terminated contrast final enactment compels conclusion efforts terminate denying allotments indians failed completely pp congressional determination terminate reservation must expressed face statute clear surrounding circumstances legislative history neither obtained pp conclusion act terminate reservation reinforced repeated recognition thereafter department interior congress congress recognized reservation continued existence extending period trust allotments restoring tribal ownership certain vacant ceded lands reservation blackmun delivered opinion unanimous lee sclar argued cause filed briefs petitioner roderick walston deputy attorney general california argued cause respondent briefs evelle younger attorney general carl boronkay assistant attorney general harry sachse argued cause amicus curiae urging reversal brief solicitor general griswold assistant attorney general frizzell carl strass glen goodsell justice blackmun delivered opinion decision case turns resolution narrow question whether klamath river indian reservation northern california terminated act congress whether remains indian country within meaning established reservation described strip territory commencing pacific ocean extending mile width side klamath river distance approximately miles encompassing area exceeding acres description taken president franklin pierce executive order issued november pursuant authority granted act march stat act march stat petitioner raymond mattz yurok klamath river indian since age nine regularly fished grandfather dip gill trigger nets location called brooks riffle klamath river september california game warden confiscated five gill nets owned mattz nets stored near brooks riffle approximately feet river within miles river mouth respondent director department fish game instituted forfeiture proceeding state mattz intervened asked return nets alleged among things enrolled member yurok tribe nets seized within indian country state statutes prohibiting use gill nets cal fish game code therefore inapplicable state trial relying elser gill net number one cal app cal rptr found klamath river reservation practical purposes almost immediately lost identity concluded area nets seized indian country thereby disposed petitioner primary defense forfeiture reach issues bearing upon application california statutes indian country existence indian fishing rights appeal state appeal affirmed holding inasmuch area question opened unrestricted homestead entry earlier reservation status land terminated cal app cal rptr california one judge dissenting denied petition hearing see cal app cal granted certiorari judgments state courts appeared conflict applicable decisions reverse reversal course dispose underlying forfeiture issue remand questions relating existence mattz fishing rights applicability california law notwithstanding reservation status addressed intimate opinion issues current reservation status klamath river reservation turns primarily upon effect act congress opened reservation land settlement meaning effect act determined without reference yurok tribe history reservation yurok indians apparently resided area lower klamath river substantial period klamath river reservation established little known prior history sources however provide us relatively detailed information tribe culture living conditions customs period following tribe inhabited lower klamath river well suggested name yurok means river names neighboring tribes karok modok mean respectively river head river appellations expected coincide respective homelands powers kroeber act march stat president authorized make five military reservations public domain state california territories utah new mexico bordering said state indian purposes act march stat appropriated funds collecting removing subsisting indians california two additional military reservations selected heretofore provided president may enlarge quantity reservations heretofore selected equal hereby provided president pierce issued order november specifying klamath river reservation stating let reservation made proposed kappler site ideally selected yuroks lived area arable land although limited peculiarly adapted growth vegetables report river ran canyon entire length abounded salmon fish ibid report nearly arable lands klamath river reservation destroyed freshet upon recommendation local indian agent indians removed smith river reservation established purpose small number yuroks moved new reservation however nearly move returned within years klamath river crichton shelton kappler report smith river reservation discontinued act july stat total yurok population klamath river reservation stated precision based part rough census made trader estimated kroeber effect flood firmly established clear tribe remained klamath thereafter later years kroeber estimated population kroeber appear flood least cause dissolution tribe contrary yuroks continued reside area turn century beyond act april stat designated california one indian superintendency also recited shall set apart president discretion exceeding four tracts land within limits said state retained purposes indian reservations provided several indian reservations california shall retained act shall surveyed lots parcels offered sale public outcry thence afterward shall held subject sale private entry time passage act apparently three reservations california klamath river mendocino smith river appears also president take immediate action upon passage act recognize reservations california formal recognition occurred congress rather president acted year congress discontinued smith river reservation stat restored mendocino public lands similar action taken respect klamath river reservation crichton shelton congress made appropriations round valley reservation stat hoopa valley reservation stat although neither apparently established theretofore formal executive order klamath river reservation although reestablished executive order specific congressional action continued certainly de facto existence yuroks remained reservation land department indian affairs regarded klamath river reservation state reservation throughout period steps taken sell reservation parts thereof act indeed trespassers removed military secretary interior directed allotments land made indians reservation february senate resolution directed secretary interior inform senate proceedings department relative survey sale klamath indian reservation pursuance provisions act approved april cong rec response commissioner indian affairs letter dated february secretary disclosed proceedings effect undertaken assistant attorney general department interior expressed similar view opinion dated january forfeiture suit district northern district california concluded area within klamath river reservation indian country within meaning rev stat prescribing penalty unlicensed trading indian country concluded land composing reservation retained recognized reservation land pursuant act therefore longer constituted indian reservation pounds rising star tea nd cal holding expressly affirmed appeal circuit judge ccnd cal assistant attorney general opinion referred conceded probable correctness judgment convinced views erroneous assent reasoning felt comments abandoned status reservation dicta essential decision case crichton shelton thus may fair say exact legal status klamath river reservation obscure uncertain petitioner brief reservation ceased exist latest question concerning reservation continuing legal existence however appears effectively laid rest executive order dated october issued president benjamin harrison specific terms order hoopa valley reservation already noted located formally set apart situated miles upstream klamath river mouth extended include land one mile width side river present limits hoopa valley reservation pacific ocean klamath river reservation reservation thus made part hoopa valley reservation extended reason incorporating klamath river reservation hoopa valley reservation apparent act authorized president set apart four tracts indian reservations california certainly four reservations already set apart round valley referred mission hoopa valley tule river kappler thus recognition fifth reservation along klamath river permissible act accordingly president turned authority act expand existing recognized reservation enlarged hoopa valley reservation include klamath river reservation well intervening riparian strip connecting two tracts president continuing authority enlarge reservations specifically legality executive order affirmed donnelly reh denied challenged ii general background origin development klamath river reservation contested either party reservation existence pursuant executive order conceded present controversy relates termination subsequent turns primarily upon effect act june stat entitled act provide disposition sale lands known klamath river indian reservation act provided lands embraced klamath river reservation state california set apart reserved authority law executive order dated november sixteenth eighteen hundred hereby declared subject settlement entry purchase laws granting homestead rights authorizing sale mineral stone timber lands provided indian located upon said reservation may time within one year passage act apply secretary interior allotment secretary interior may reserve settlement entry purchase tract tracts land upon village settlement indians located may set apart permanent use occupation said village settlement indians provided proceeds arising sale said lands shall constitute fund used direction secretary interior maintenance education indians residing said lands children respondent relies upon feels significant language act upon references legislative history contends fact lands opened settlement sale homesteaders strongly militates continuation reservation status brief respondent conclude however misreading effect allotment provisions act meaning terms ascertained overview earlier general allotment act stat act permitted president make allotments reservation lands resident indians tribal consent sell surplus lands policy continue reservation system trust status indian lands allot tracts individual indians agriculture grazing lands allotted trust expired reservation abolished unallotted lands made available purpose part promoting interaction races encouraging indians adopt white ways see general allotment act stat department interior federal indian law act however president required open reservation land allotment merely discretion view discretionary nature presidential power congress occasionally enacted special legislation order assure particular reservation fact opened allotment act one example allotment provisions differ materially general allotment act fact refer earlier act alone recite even suggest congress intended thereby terminate klamath river reservation see seymour superintendent rather allotment act completely consistent continued reservation status unanimously observed analogous setting seymour act respect open way settlers land reservation manner federal government acting guardian trustee indians regarded beneficial development wards see celestine nice see also wilbur donnelly iii respondent urges however view effect act supported act reference klamath river reservation according respondent reference references legislative history compel conclusion congress intended terminate reservation act sure refer klamath river reservation past tense read clear indication congressional purpose terminate weeks bill sess eventually became act reported committee february president formally extended hoopa valley reservation include klamath river reservation portion extension klamath river reservation subject act reference klamath river reservation past tense seems merely natural convenient shorthand way identifying land subject allotment act believe reference read indicating clear purpose terminate reservation directly innuendo respondent also points numerous statements legislative history view indicate reservation terminated need refer detail cited passages supra debates bill cong rec challenge view house generally hostile continued reservation status land question estimation however fact proper perspective supports petitioner undermines respondent position early efforts congress abolish klamath river reservation date strong sentiment existed effect appear termination ever commanded majority support advocates termination argued reservation long abandoned land useless reservation many white settlers moved land property protected see whites settled clear view indians remained flood appears gross misconception part sought termination first bill providing public entry sale klamath river reservation introduced senate may res sess cong rec resolution referred reservation abandoned tribe removed another reservation established use action taken bill another purport introduced january house sess cong rec bill provided reservation hereby abolished authorized directed secretary interior survey lands made subject homestead preemption entry sale public lands clear report second bill supra establishment reservation viewed mistake injustice according report reservation abandoned freshet indians moved smith river later hoopa valley reservations white settlers moved wished exploit lumber soil area said equal california fruit wine growing country inasmuch reservation blocked access river resources area developed although unmentioned report office indian affairs opposed bill see bill reported recommitted action taken cong rec identical bill introduced following congress sess cong rec commissioner indian affairs opposed bill introduced stated opposed provision prior allotments indians made supra commissioner proposed amendment approved committee cong rec action bill taken full house three bills introduced interest note acceded request commissioner provision made prior allotments resident indians sess cong rec sess cong rec sess cong rec bill abolished reservation made land subject homestead entry none bills enacted although passage must generally regarded likely indian bureau began work allotment survey perhaps anticipation passage two bills introduced house substantially identical introduced sess cong rec action taken either bill bills apparently introduced intervening period however general allotment act stat passed thereafter amended stat rising star tea case also decided bill providing allotment klamath river reservation introduced allotments however made manner inconsistent general allotment act sess cong rec affirmance rising star tea case circuit identical bills introduced house senate providing without mention allotment lands embraced klamath river reservation hereby declared subject settlement entry purchase land laws sess cong rec sess cong rec indian office opposed bills recommending amended provide allotments indians general allotment act surplus lands restored public domain proceeds held trust klamath river indians see short pp report commissioner claims reported committee certain amendments including one effect proceeds arising sale lands used removal maintenance education resident indians hoopa valley reservation considered place removal allotments indians klamath reservation however emphatically rejected bill amended passed house cong rec died senate light passage last bill house presence rising star tea opinions indian department moved klamath river reservation land protected indians residing details effort including opinion assistant attorney general referred outlined commissioner report short supra efforts culminated president harrison executive order october expanding hoopa valley reservation include klamath river reservation background repeated legislative efforts terminate reservation avoid allotting reservation lands indians act introduced sess cong rec bill provided settlement entry purchase reservation land specified proceeds used removal maintenance education resident indians allotments provided indians semicivilized disinclined labor conception land values desire cultivate soil house committee indian affairs amended bill changing word proviso relating use proceeds bill passed house without change cong rec struck senate however another version substituted deleting reference removal indians providing public sale land allotted indians general allotment act amended substitute measure support interior department senate called conference house conference adopted senate version amendments misc doc sess bill passed became act iv several conclusions may drawn account first respondent reliance house report comments made floor house well placed although primary impetus termination klamath river reservation house since effort consistently failed accomplish objectives respondent seeks achieve likewise house failed accomplish objectives senate version supported interior department substituted house senate version ultimately enacted provided allotments indians proceeds sales held trust maintenance education removal indians legislative history relied upon respondent support view reservation terminated rather contrast bill finally enacted compels conclusion efforts terminate reservation denying allotments indians failed completely second conclusion also inescapable presence allotment provisions act interpreted mean reservation terminated apparent language defining indian country notwithstanding issuance patent therein significantly throughout period numerous bills introduced expressly provided termination reservation unequivocal terms congress fully aware means termination effected clear termination language employed act inclined infer intent terminate reservation stated celestine congress established reservation tracts included within remain part reservation separated therefrom congress congressional determination terminate must expressed face act clear surrounding circumstances legislative history see seymour superintendent nice finally conclusion act terminate klamath river reservation reinforced repeated recognition reservation status land department interior congress department crichton shelton ruled act reconfirmed continued existence reservation department continued recognize klamath river reservation albeit part hoopa valley reservation continues today congress recognized reservation continued existence extending period trust allotments reservation act described restoring tribal ownership certain vacant ceded lands reservation act supra conclude klamath river reservation terminated act june land within boundaries reservation still indian country within meaning judgment appeal reversed case remanded proceedings ordered footnotes executive order reproduced kappler indian affairs laws treaties hereinafter kappler end opinion appendix map klamath river reservation area described text indicated old klamath river reservation see pet app kroeber handbook indians california cc published bulletin bureau american ethnology hereinafter kroeber powers tribes california cc published contributions north american ethnology hereinafter powers various annual reports commissioner indian affairs provide information see example report commissioner indian affairs hereinafter report kroeber preface work suggests factual material contained powers manuscript subject criticism kroeber reference powers deserves reproduction full close without expressing sincere appreciation one predecessor field late stephen powers well known classic tribes california one remarkable reports ever printed government powers journalist profession true ethnology often crudest probably majority statements inaccurate many misleading fair proportion without foundation positively erroneous possessed however astoundingly quick vivid sympathy power observation keen untrained invariably spirited gift portrayal rises times realm sheerly fascinating anthropologically great service lies fact looseness data method able greater degree anyone seize fix salient qualities mentality people described ethnologist may therefore turns writhe smile fingers powers pages broad outlines culture california indian values high lights shadows still better consult book flimsy texture slovenly edges always remain best introduction subject kroeber ix area one agent stated place found well adapted indians well adapted spot possessions government better spared territory offers indians little territory offers less white man issue removal seems disappear report interesting note powers believed yurok population one time far exceeded perhaps numbered powers stated whites come among bringing corruptions maladies powers renowned major john wesley powell charge geographical geological survey rocky mountain region department interior placed little faith powers figures requested modify estimates powers expressed displeasure letter major powell stating characteristic fashion greatest respect views beliefs rich fund personal experience observation desire cut paragraph insert one signature brackets something kind submit without murmur add remark quoted wit desire simply ask reader remember major powell accustomed vast sterile wastes interior continent visited rich forests teeming rivers california greatly prefer simply disavow estimates throw whole responsibility upon permission give waded many rivers climbed many mountains abate one jot opinions beliefs yields office critic sitting comfortable parlor new york reading sparse aboriginal populations cold forests atlantic overthrow conclusions dash pen use book luther said diet worms stand otherwise beg dear major consider anything written slightest degree disrespectful farthest remove thoughts powers powers estimates altered letter placed sympathetically major powell introductory section powers published study report opinion dated assistant attorney general department interior quoted crichton shelton kroeber another source estimates indian population along klamath report lowry indian agent noted short report commissioner claims hoopa valley reservation located august formally set apart indian purposes authorized act president grant executive order dated june kappler see appendix map area described original hoopa valley reservation letter dated apr commissioner indian affairs secretary interior quoted crichton shelton allotments however postponed account discovery gross errors public surveys ibid report xlviii response said resolution state unable discover records correspondence office proceedings ever contemplated department survey sale said reservation provisions act aforesaid contrary appears declared purpose intention superintendent indian affairs california charged selection four reservations retained said act either extend hoopa valley reservation one reservations selected act include klamath river reservation else keep separate independent reservation station subagency control agent hoopa valley reservation lands held state reservation day ex doc pp quoted crichton shelton pushing aside technicalities construction one doubt practical purposes tract question constitutes indian reservation surely essential characteristics reservation regularly established proper authority years occupied indians regarded treated reservation executive branch government committed management indian affairs administration public land system said however klamath river reservation abolished section three act present instance indians lived upon described tract made home time immemorial regularly set apart constituted authorities dedicated purpose solemnities known law thus adding official sanction right occupation already existence seems something mere implication arising rigid technical construction act congress required show intention body deprive indians right occupancy said lands without consultation assent implication effect think made portion third section act supposed applicable quoted crichton shelton hereby ordered limits hoopa valley reservation state california reservation duly set apart indian purposes one indian reservations authorized set apart said state act congress approved april hereby extended include tract country one mile width side klamath river extending present limits said hoopa valley reservation pacific ocean provided however tract tracts included within described boundaries valid rights attached laws hereby excluded reservation hereby extended kappler kappler noteworthy boundaries mission reservation altered repeatedly even thereafter actions taken president continuing authority set apart add diminish four reservations authorized act donnelly final form mission reservation consisted less different noncontiguous tracts kappler crichton shelton see appendix map strip land hoopa valley reservation klamath river reservation referred connecting strip executive order hoopa valley reservation extended encompass three areas indicated map connecting strip old klamath river reservation frequently referred hoopa valley extension trust period allotments indians klamath river reservation expired later extended congress act stat see sess congress restored tribal ownership vacant ceded lands various reservations including acres klamath river reservation pub stat extended treatment allotment policy see otis history allotment policy readjustment indian affairs hearings house committee indian affairs policy allotment sale surplus reservation land repudiated indian reorganization act stat amended codified et seq see example act mar stat sioux reservations nice act mar stat colville reservation seymour superintendent act may stat cheyenne river standing rock reservations ex rel condon erickson supp sd respondent argues however congress perhaps unacquainted executive order october intended language convey view expressed house report supra cong rec klamath river reservation long abandoned fact law already terminated clear text infra efforts certain quarters house terminate reservation open white settlement see short supra respondent interpretation phrase plausible less plausible conclude light repeated unsuccessful efforts house terminate reservation senate proponents legislation inclined make cause requiring allotments less attractive house amending bill refer former klamath river reservation part hoopa valley reservation rather klamath river reservation department interior took issue committee population estimates letter transmitted committee indian affairs infantry lieutenant acting indian agent suggested committee population estimates gleaned principally civilians believe somewhat inclined lessen number thinking doubtlessly smaller number greater likelihood thrown open settlers congress used clear language express termination result desired see example stat smith river reservation hereby discontinued stat adopted two weeks act case concerned providing north half colville indian reservation portion colville indian reservation hereby vacated restored public domain seymour superintendent stat reservation lines said ponca otoe missouria indian reservations hereby abolished ex rel condon erickson appeals eighth circuit reached similar conclusion case presenting issues unlike us concluded holding favoring federal jurisdiction required unless congress expressly clear implication diminished boundaries reservation opened settlement emphasis original hearings subcommittee senate committee indian affairs survey conditions indians pt california although subsequent legislation usually entitled much weight construing earlier statutes southwestern cable always without significance see seymour superintendent