William O. Douglas

“ The Termination Act provided that after the transfer by the Secretary of title to the property of the tribe, all federal supervision was to end and 'the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction.'
It is therefore argued with force that the Termination Act of 1954, which became fully effective in 1961, submitted the hunting and fishing rights of the Indians to state regulation and control. We reach, however, the opposite conclusion. ”

“ We find it difficult to believe that Congress, without explicit statement, would subject the United States to a claim for compensation [14] by destroying a property rights conferred by treaty, particularly when Congress was purporting by the Termination Act to settle the Government's financial obligations toward the Indians. ”

“ We granted the petition for a writ of certiorari in order to resolve that conflict between the two courts. 389 U.S. 811, 88 S.Ct. 51, 19 L.Ed.2d 67. On oral argument both petitioner and respondent urged that the judgment of the Court of Claims be affirmed. ”