Tulee v. Washington

In Tulee v. Washington (315 U.S. 681, 683-684, 86 L. Ed. 1115, 62 S. Ct. 862 [1942]), the defendant, a member of the Yakima Nation, was charged with violating a state law requiring a license fee to catch salmon with a net, in spite of treaty language providing that the Yakima retained an "exclusive right of taking fish in all the streams, where running through or bordering said reservation" (id. at 683). The treaty also secured the Yakima's right of "taking fish at all usual and accustomed places" (id.). The Supreme Court held that the State's attempt to impose a license fee on members of the Yakima was unconstitutional. Critical to the decision was the existence of a treaty fishing right in conflict with the State's regulatory scheme. The Court held that, in the face of this treaty right, the State retained only certain regulatory powers. It could impose on the Yakima, "equally with others such restrictions of a purely regulatory nature concerning the time and manner of fishing outside the reservation as are necessary for the conservation of fish" (id. at 684).