George Hugo Boldt
|Senior Judge of the United States District Court for the Western District of Washington|
October 30, 1971 –March 18, 1984
|Chief Judge of the United States District Court for the Western District of Washington|
|Preceded by||William James Lindberg|
|Succeeded by||William T. Beeks|
|Judge of the United States District Court for the Western District of Washington|
July 14,1953 –October 30,1971
|Appointed by||Dwight D. Eisenhower|
|Preceded by||Charles H. Leavy|
|Succeeded by||Morell Edward Sharp|
George Hugo Boldt
|Died||March 18,1984 80) (aged|
|Education||University of Montana (BA,LLB)|
George Hugo Boldt (December 28,1903 –March 18,1984) was a United States District Judge of the United States District Court for the Western District of Washington.
Born in Chicago,Illinois,Boldt received a Bachelor of Arts from University of Montana in 1925 and a Bachelor of Laws from the Alexander Blewett III School of Law at the University of Montana in 1926. Boldt was a lifelong member of the Sigma Chi fraternity and served as a Grand Trustee for 6 years,from 1957 to 1963.He was in private practice of law in Helena,Montana,from 1926 to 1927. He was in private practice of law in Seattle,Washington from 1928 to 1945. He was in the United States Army as a lieutenant colonel from 1942 to 1945. He was a state special deputy attorney general of Washington in 1940 and from 1946 to 1947. He was in private practice of law in Tacoma,Washington,from 1946 to 1953. He was a special prosecuting attorney of Pierce County,Washington,from 1948 to 1949.
Boldt was nominated by President Dwight D. Eisenhower on June 10,1953,to a seat on the United States District Court for the Western District of Washington vacated by Judge Charles H. Leavy. He was confirmed by the United States Senate on July 14,1953,and received his commission the same day. He served as Chief Judge in 1971. He assumed senior status on October 30,1971. His service was terminated on March 18,1984,due to his death.
Boldt's most notable (as well as controversial) decision was his opinion in United States v. Washington (1974),which upheld tribal fishing rights under several treaties.
On October 22,1971,President Richard Nixon appointed Boldt chairman of the Pay Board,an agency established within the Executive Office of the President of the United States under the Economic Stabilization Act of 1970.
Boldt suffered from Alzheimer's disease during his final years,and died on March 18,1984 at the Veteran's home in Lakewood,Washington,survived by his wife,three children,eight grandchildren and a great-grandchild.A decade after his death,the tribes sought to access his medical records to determine whether he suffered from the disease while he oversaw the fishing rights case,but were denied. The tribes celebrated the 40th anniversary of his fishing rights ruling in February 2014.
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally,the U.S. federal government recognized American Indian tribes as independent nations,and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion,internal political pressure grew for "Indian removal",but the pace of treaty-making grew nevertheless. Then the Civil War forged the U.S. into a more centralized and nationalistic country,fueling a "full bore assault on tribal culture and institutions",and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871,without any input from Native Americans,Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently,the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal,state,and tribal governments.
United States v. Washington,384 F. Supp. 312,aff'd,520 F.2d 676,commonly known as the Boldt Decision,was a legal case in 1974 heard in the U.S. District Court for the Western District of Washington and the U.S. Court of Appeals for the Ninth Circuit. The case re-affirmed the rights of American Indian tribes in the state of Washington to co-manage and continue to harvest salmon and other fish under the terms of various treaties with the U.S. government. The tribes ceded their land to the United States but reserved the right to fish as they always had. This included their traditional locations off the designated reservations.
Jon Ormond Newman is a Senior United States Circuit Judge of the United States Court of Appeals for the Second Circuit.
Sidney Runyan Thomas is Chief United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. His chambers are located in Billings,Montana.
Indian termination was the policy of the United States from the mid-1940s to the mid-1960s. It was shaped by a series of laws and policies with the intent of assimilating Native Americans into mainstream American society. Assimilation was not new since the belief that indigenous people should abandon their traditional lives and become what the government considers "civilized" had been the basis of policy for centuries. However,what was new was the sense of urgency,that with or without consent,tribes must be terminated and begin to live "as Americans." To that end,Congress set about ending the special relationship between tribes and the federal government.
James Franklin Battin was a Republican United States Representative from Montana,and later was a United States District Judge of the United States District Court for the District of Montana.
Robert Clinton Belloni was a United States District Judge of the United States District Court for the District of Oregon. He was instrumental in upholding Native American fishing rights in the Pacific Northwest.
Henry Lyle Adams was an American Native rights activist known as a successful strategist,tactician,and negotiator. He was instrumental in resolving several key conflicts between Native Americans and state and federal government officials after 1960. Born on a reservation in Montana and based in Washington state for much of his life,he participated in protests and negotiations in Washington,DC and Wounded Knee,South Dakota.
Billy Frank Jr. was a Native American environmental leader and treaty rights activist. A Nisqually tribal member,Frank led a grassroots campaign for fishing rights on the tribe's Nisqually River,located in Washington state,in the 1960s and 1970s. As a lifelong activist and the chairman of the Northwest Indian Fisheries Commission for over thirty years,Frank promoted cooperative management of natural resources.
Richard Frank Cebull is a former United States District Judge of the United States District Court for the District of Montana.
William Edward Doyle was a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit and previously was a United States District Judge of the United States District Court for the District of Colorado.
Donald S. Voorhees was a United States District Judge of the United States District Court for the Western District of Washington.
Morell Edward Sharp was a United States District Judge of the United States District Court for the Western District of Washington.
Montana v. United States,450 U.S. 544 (1981),was a Supreme Court case that addressed two issues:(1) Whether the title of the Big Horn Riverbed rested with the United States,in trust for the Crow Nation or passed to the State of Montana upon becoming a state and (2) Whether Crow Nation retained the power to regulate hunting and fishing on tribal lands owned in fee-simple by a non-tribal member. First,the Court held that Montana held title to the Big Horn Riverbed because the Equal Footing Doctrine required the United States to pass title to the newly incorporated State. Second,the Court held that Crow Nation lacked the power to regulate nonmember hunting and fishing on fee-simple land owned by nonmembers,but within the bounds of its reservation. More broadly,the Court held that Tribes could not exercise regulatory authority over nonmembers on fee-simple land within the reservation unless (1) the nonmember entered a "consensual relationship" with the Tribe or its members or (2) the nonmember's "conduct threatens or has some direct effect on the political integrity,the economic security,or the health or welfare of the tribe."
Menominee Tribe v. United States,391 U.S. 404 (1968),is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.
Idaho v. United States,533 U.S. 262 (2001),was a United States Supreme Court case in which the Court held that the United States,not the state of Idaho,held title to lands submerged under Lake Coeur d'Alene and the St. Joe River,and that the land was held in trust for the Coeur d'Alene Tribe as part of its reservation,and in recognition of the importance of traditional tribal uses of these areas for basic food and other needs.
The Fish Wars were a series of civil disobedience protests in the 1960s and '70s in which Native American tribes around the Puget Sound pressured the U.S. government to recognize fishing rights granted by the Treaty of Medicine Creek. A series of fish-in demonstrations in the Pacific Northwest,that started in 1963,grew to attract celebrity participation and national media attention before the US Federal Government intervened to sue the state of Washington. The 1974 decision in United States v. Washington was upheld by the supreme court in 1979.
Tulee v. Washington,315 U.S. 681 (1942),was a United States Supreme Court case in which the Court held the Washington statute prescribing license fees for fishing is invalid as applied to a Yakima Indian convicted on a charge of catching salmon with a net without first having obtained a license,in view of the Treaty with Yakima Indians securing to them the exclusive right of taking fish in all streams running through or bordering reservation and right of taking fish at all usual and accustomed places in common with citizens of Washington.
The Montana Water Court is a court of law in the U.S. state of Montana which has jurisdiction over the adjudication of water rights. The filing,verification,recording,and enforcement of water rights in the Montana Territory and,later,the state of Montana were considered highly inadequate until 1972,when a new state constitution required a more robust,highly centralized water rights legal system. Implementation of this system led to the establishment of the Water Court in 1979,after six years of mixed success with an administrative solution. The Water Court consists of a Chief Water Judge,Associate Water Judge,and four District Water Judges,but most work is handled by special masters. The process of identifying,verifying,and adjudicating water rights is a complex one,and budgetary and personnel issues have slowed the work at times. Appeals from the Water Court are made directly to the Montana Supreme Court.
Washington v. Washington State Commercial Passenger Fishing Vessel Association was a Supreme Court case related to Indian fishing rights in Washington State. It held that the usual and accustomed clause of the Stevens Treaties protected Indians share of anadromous fish in addition to protecting fishing grounds. To do this,runs of anadromous fish that travel through tribal fishing areas should be divided equally between treaty-protected and non-treaty parties. After that,the treaty-protected parties cut should be lowered if they can be satisfied with a smaller amount. The court also held that its decision superseded state law,and that Washington's Game and Fisheries Department may be required to make laws upholding the ruling.