State v. Davids

Bert Davids, an enrolled member of the Stockbridge-Munsee Indians, appeals a judgment of conviction for violation of § 29.09(1), STATS., fishing without a license. Davids argues that the State lacks jurisdiction to convict him of fishing without a license under § 29.09(1).1 Specifically, Davids claims that the 1856 Treaty between the Stock-bridge-Munsee and the United States created a reservation and gave tribal members the right to hunt and fish within the boundaries created by the Treaty. He asserts that Congress never diminished or disestablished the reservation boundaries, or terminated…