Tulee v. Washington facts for kids
Quick facts for kids Tulee v. Washington |
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| Argued March 3, 1942 Decided March 30, 1942 |
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| Full case name | Sampson Tulee v. State of Washington |
| Citations | 315 U.S. 681 (more)
62 S. Ct. 862; 86 L. Ed. 1115; 1942 U.S. LEXIS 784
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| Prior history | State 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. | |
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| Case opinions | |
| Majority | Black |
Tulee v. Washington, 315 U.S. 681 (1942), was an important case decided by the Supreme Court of the United States. The Court ruled that the state of Washington could not make a Yakama Indian pay for a fishing license. This was because a special agreement, the Treaty with Yakima Indians, gave them the right to fish without fees. This treaty allowed them to fish in all streams near their land and in other usual fishing spots, sharing with citizens of Washington.
Contents
Why This Case Happened
Sampson Tulee's Fishing Rights
Sampson Tulee was a member of the Yakama tribe. In 1939, he was fishing for salmon using a net. He did not have a fishing license from the state of Washington.
The state of Washington said that everyone needed a license to fish. But Tulee argued that an old treaty from 1855 gave him the right to fish without paying fees. He believed this right was protected by the treaty.
The state disagreed, saying that his fishing rights were only for land on the reservation. Tulee was found guilty in a state court. The highest court in Washington state also agreed with the conviction.
The Supreme Court's Decision
What the Court Said
The case then went to the Supreme Court of the United States. Justice Hugo Black wrote the main opinion for the Court. He looked closely at the 1855 treaty.
Justice Black found that the treaty clearly gave tribal members the right to fish both on and off their reservation land. He said that the state could not charge Native Americans fees to use these rights.
The Court had made similar rulings before. For example, in 1905, in the case of United States v. Winans, and again in 1919, in Seufert Bros. Co. v. United States. Because of these past decisions and the treaty, the Supreme Court decided that the state of Washington did not have the power to control tribal fishing by charging fees.
What Happened After
Continuing Challenges for Tribes
Even though the Yakama tribe won the Tulee v. Washington case, they still faced problems. People from the state and other commercial fishermen often treated them unfairly.
It took many more years for things to improve. In 1974, a judge named George Boldt made an important ruling in the case of United States v. Washington. He said that the state was still discriminating against Native American fishermen.
Judge Boldt even ordered the United States Coast Guard to help make sure his ruling was followed. After this, the state of Washington began to change its fishing rules. The U.S. Supreme Court later agreed with Judge Boldt's decision in another case, Washington v. Washington State Commercial Passenger Fishing Vessel Association.
