Organized Village of Kake v. Egan (1961)
- Docket
- 3
- Decided
- 1961-01-01
- Category
- General
Summary
Question: Should the State of Alaska be enjoined from enforcing its own law, which conflicts with federally issued fishing permits? Conclusion: No. In a 8-1 decision Justice Felix Frankfurter wrote for the majority affirming the Alaska court. The Supreme Court held that there was no statutory authority granting the Secretary of the Interior the power to regulate contrary to state law. In addition, the permits did not trump state law. In order to prevent undue hardship, the Court ordered that the Native American tribes be allowed to continue using the traps through the end of the 1962 fishing season. Justice William O. Douglas wrote a partial dissent, agreeing that the Alaska law should prevail, but disagreeing with allowing the tribes to continue to use traps through the end of the 1962 season.