Tulee v. Washington

Last updated

Tulee v. Washington
Seal of the United States Supreme Court.svg
Argued March 3, 1942
Decided March 30, 1942
Full case nameSampson Tulee v. State of Washington
Citations315 U.S. 681 ( more )
62 S. Ct. 862; 86 L. Ed. 1115; 1942 U.S. LEXIS 784
Case history
PriorState v. Tulee, 7 Wash.2d 124, 109 P.2d 280 (Wash. 1941)
Holding
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.
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts  · Hugo Black
Stanley F. Reed  · Felix Frankfurter
William O. Douglas  · Frank Murphy
James F. Byrnes  · Robert H. Jackson
Case opinion
MajorityBlack

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 Yakama convicted on a charge of catching salmon with a net without first having obtained a license, in view of the 1855 treaty at the Walla Walla Council 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.

Contents

Background

Sampson Tulee was a Yakama who was arrested in 1939 for fishing for salmon with a net, without a state license. Tulee contended that the 1855 treaty gave him the right to fish, while the state contended that this right was limited to the reservation. Tulee was convicted in state court and his conviction was affirmed at the Washington Supreme Court. [1]

Supreme Court

Justice Hugo Black delivered the opinion of the court. Black found that the terms of the treaty granted tribal members fishing rights both on and off of the reservation. The state was not allowed to charge fees for Indians to be able to exercise those rights. He noted that the court had clearly ruled on fishing rights in United States v. Winans in 1905 and in Seufert Bros. Co. v. United States in 1919. The court therefore ruled that the state was without power to regulate tribal fishing. [2]

Subsequent developments

Although the tribe had won the case, they still faced discrimination from the state and from non-Indian commercial fishermen. It was not until 1974 when U.S. District Judge George Boldt ruled on the discrimination in United States v. Washington . He later ordered the United States Coast Guard to enforce his order that the state began to revise its methods, and the U.S. Supreme Court affirmed his decision in Washington v. Washington State Commercial Passenger Fishing Vessel Association (1979). [3]

Related Research Articles

<span class="mw-page-title-main">Nez Perce</span> Indigenous peoples of North America

The Nez Perce are an Indigenous people of the Plateau who still live on a fraction of the lands on the southeastern Columbia River Plateau in the Pacific Northwest. This region has been occupied for at least 11,500 years.

<span class="mw-page-title-main">Yakama</span> Ethnic group

The Yakama are a Native American tribe with nearly 10,851 members, based primarily in eastern Washington state.

<span class="mw-page-title-main">Squaxin Island Tribe</span> Native American tribe in Washington, United States

The Squaxin Island Tribe are the descendants of several Lushootseed clans organized under the Squaxin Island Indian Reservation, a Native American tribal government in western Washington state.

<span class="mw-page-title-main">Gifford Pinchot National Forest</span> Protected area in the state of Washington, United States

Gifford Pinchot National Forest is a National Forest located in southern Washington, managed by the United States Forest Service. With an area of 1.32 million acres (5300 km2), it extends 116 km (72 mi) along the western slopes of Cascade Range from Mount Rainier National Park to the Columbia River. The forest straddles the crest of the South Cascades of Washington State, spread out over broad, old growth forests, high mountain meadows, several glaciers, and numerous volcanic peaks. The forest's highest point is at 12,276 ft (3,742 m) at the top of Mount Adams, the second tallest volcano in the state after Rainier. Often found abbreviated GPNF on maps and in texts, it includes the 110,000-acre (450 km2) Mount St. Helens National Volcanic Monument, established by Congress in 1982.

<span class="mw-page-title-main">Confederated Tribes of the Umatilla Indian Reservation</span> Indian tribes in Oregon, United States

The Confederated Tribes of the Umatilla Indian Reservation are the federally recognized confederations of three Sahaptin-speaking Native American tribes who traditionally inhabited the Columbia River Plateau region: the Cayuse, Umatilla, and Walla Walla.

<i>United States v. Washington</i> 1974 court case

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.

<span class="mw-page-title-main">Yakima War</span> 19th-century conflict between the United States and the Yakama people

The Yakima War (1855–1858), also referred to as the Plateau War or Yakima Indian War, was a conflict between the United States and the Yakama, a Sahaptian-speaking people of the Northwest Plateau, then part of Washington Territory, and the tribal allies of each. It primarily took place in the southern interior of present-day Washington. Isolated battles in western Washington and the northern Inland Empire are sometimes separately referred to as the Puget Sound War and the Coeur d'Alene War, respectively.

<span class="mw-page-title-main">Wasco–Wishram</span>

Wasco-Wishram are two closely related Chinook Indian tribes from the Columbia River in Oregon. Today the tribes are part of the Confederated Tribes of Warm Springs living in the Warm Springs Indian Reservation in Oregon and Confederated Tribes and Bands of the Yakama Nation living in the Yakama Indian Reservation in Washington.

United States v. Winans, 198 U.S. 371 (1905), was a U.S. Supreme Court case that held that the Treaty with the Yakima of 1855, negotiated and signed at the Walla Walla Council of 1855, as well as treaties similar to it, protected the Indians' rights to fishing, hunting and other privileges.

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 Tribe or passed to the State of Montana upon becoming a state and (2) Whether Crow Tribe 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 Tribe 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.

South Dakota v. Bourland, 508 U.S. 679 (1993), was a case in which the Supreme Court of the United States held that Congress specifically abrogated treaty rights with the Cheyenne River Sioux Tribe as to hunting and fishing rights on reservation lands that were acquired for a reservoir.

Oregon Department of Fish and Wildlife v. Klamath Indian Tribe, 473 U.S. 753 (1985), was a case appealed to the US Supreme Court by the Oregon Department of Fish and Wildlife. The Supreme Court reversed the previous decisions in the District Court and the Court of Appeals stating that the exclusive right to hunt, fish, and gather roots, berries, and seeds on the lands reserved to the Klamath Tribe by the 1864 Treaty was not intended to survive as a special right to be free of state regulation in the ceded lands that were outside the reservation after the 1901 Agreement.

Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, 439 U.S. 463 (1979), was a case in which the Supreme Court of the United States held that the State of Washington's imposition of partial jurisdiction over certain actions on an Indian reservation, when not requested by the tribe, was valid under Public Law 280.

The Fish Wars were a series of civil disobedience protests by Native American tribes in the Pacific Northwest region of the United States during the 1960s and 1970s. These protests, coordinated by tribes around the Puget Sound, pressured the U.S. government to recognize fishing rights granted by the Treaty of Medicine Creek. They protested by continuing to fish on their land while risking charges being pressed against them.

Washington State Dep't of Licensing v. Cougar Den, Inc., 586 U.S. ___ (2019), was a United States Supreme Court case in which the Court held that the Yakama Nation Treaty of 1855 preempts the state law which the State purported to be able to tax fuel purchased by a tribal corporation for sale to tribal members. This was a 5-4 plurality decision, with Justice Breyer's opinion being joined by Justices Sotomayor and Kagan. Justice Gorsuch, joined by Justice Ginsburg, penned a concurring opinion. There were dissenting opinions by Chief Justice Roberts and Justice Kavanaugh.

Washington v. Washington State Commercial Passenger Fishing Vessel Association, 443 U.S. 658 (1979), was a United States 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.

Celilo Fish Committee is a committee formed by the representatives from Yakama Nation.

<span class="mw-page-title-main">Skinpah</span> Indigenous people of America

The Skinpah were a Sahaptin-speaking people of the Tenino dialect living along the northern bank of the Columbia River in what is now south-central Washington. They were first recorded as the E-nee-shers in 1805 by Lewis and Clark. Their village, Sk'in, was located adjacent to Celilo Falls in modern day Klickitat County.

Brendale v. Confederated Tribes & Bands of Yakima Indian Nation, 492 U.S. 408 (1989), is a United States Supreme Court case in which the Court held that the Yakima Indian Nation did not hold exclusive zoning authority over all fee lands in their reservation.

References

  1. Tulee v. Washington, 315 U.S. 681, 682 (1942); John Harlan Vinzant, Supreme Court Interpretation and Policymaking in American Indian Policy 142 (2006).
  2. Tulee v. Washington, 315 U.S. at 685; Vinzant, at 142.
  3. Alexandra Harmon, Indians in the Making: Ethnic Relations and Indian Identities Around Puget Sound 230-32 (2000).