New York Ex Rel. Kennedy v. Becker
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The facts, which involve the construction of the Big Tree Treaty of 1797 between the Seneca Indians and Robert Morris and the effect of a reservation of right to fish and hunt on the ceded lands and also the power and sovereignty of the State of New York over the said lands, are stated in the opinion. ' The clause of the treaty relating to fishing and hunting rights is to be construed as reserving to the Indians a free and…
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ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The facts, which involve the construction of the Big Tree Treaty of 1797 between the Seneca Indians and Robert Morris and the effect of a reservation of right to fish and hunt on the ceded lands and also the power and sovereignty of the State of New York over the said lands, are stated in the opinion. ' The clause of the treaty relating to fishing and hunting rights is to be construed as reserving to the Indians a free and perpetual right to take fish and game on the lands ceded, at least for their own subsistence and by the means and…
1Opinion of the CourtChief Justice White
This opinion by direction of the court had been prepared by Mr. Justice Hughes and was approved before his resignation. After that event it was again considered and was re-adopted.
Fayette Kennedy, Warren Kennedy, and Willis White, Jr., three Seneca Indians, residing on the Cattaraugus Reservation, under the charge of an Indian Agent óf the United States, were arrested for spearing fish in Eighteen Mile Creek, in Erie County, State of New York, at a place outside the Reservation, and there having certain fish in their possession, in violation of § 176 of the Conservation Law of that State. A…
2Cases cited4 opinions
- United States v. WinansSupreme Court of the United States · 1905
- Ward v. Race HorseSupreme Court of the United States · 1896
- People Ex Rel. Kennedy v. . BeckerNew York Court of Appeals · 1915
- People ex rel. Kennedy v. BeckerAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by94 opinions
- Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
- Federal Power Commission v. Tuscarora Indian NationSupreme Court of the United States · 1960
- Puyallup Tribe v. Department of Game of Wash.Supreme Court of the United States · 1968
- Tulee v. WashingtonSupreme Court of the United States · 1942
- United States v. WashingtonDistrict Court, W.D. Washington · 1974
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