Case library · The Fisherman's Rights
The Spear and the Treaty
New York ex rel. Kennedy v. Becker (1916)
Charge: Treaty-reserved fishing vs. state lawCourt: U.S. Supreme CourtState: New YorkDocket: The Fisherman's Rights
Does a treaty-reserved right to fish on ceded land put its holders beyond the state's ordinary fishing laws?
The facts
Three members of a native nation were arrested for spearing fish in a creek and charged under the state's conservation law, which barred taking fish except as the statute allowed. The water lay outside their reservation, on land their nation had sold under a treaty signed in the 1790s. That treaty reserved to them the privilege of fishing and hunting on the tract, shared with the landowners.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: New York ex rel. Kennedy v. Becker, 241 U.S. 556 (1916)
Read more at supreme.justia.com. The source reveals the outcome.