State v. Davids

The issue in this case is whether the Stockbridge-Munsee Tribe has a right to fish free of state regulation outside the Tribe's present reservation boundaries, but within the boundaries originally created by the Treaty of 1856.1 The majority concludes that it does; I disagree. The majority's conclusion is contrary to the Tribe's history and the legal effect of the federal government's allotment policy as it existed in the late 1800s and early 1900s.

There is no factual dispute that the area where Bert Davids was cited for fishing without a valid Wisconsin fishing license is outside the Tribe's…