Kennedy v. Becker, 241 U.S. 556 (1916)

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Kennedy v. Becker

No. 666

Argued April 7, 1916
Decided June 12, 1916
241 U.S. 556

ERROR TO THE SUPREME COURT

OF THE STATE OF NEW YORK

Syllabus

Power to preserve fish and game within its border is inherent in the sovereignty of the states subject to any valid exercise of authority under the provisions of the federal Constitution.

The reservation to the Seneca Tribe of hunting and fishing privileges on the lands conveyed to Robert Morris by the Treaty of the Big Tree of 1797 was one in common with the grantees and others to whom the privilege might be extended, but subject to the necessary power of appropriate regulation by the state having inherent sovereignty over the land.

Tribal Seneca Indians are subject to the fish and game laws of the State of New York as to lands ceded by the Tribe to Robert Morris by the Big Tree Treaty of 1797 and which are not within the Seneca Indian Reservation notwithstanding the reservation of hunting and fishing contained in said treaty.

The fact that the Indians in this case are wards of the United States under the care of an Indian agent does not derogate from the authority of the state to enforce its fish and game law as against Indians on territory within the state and outside of any Indian reservation.

216 N.Y. 42 affirmed.

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 New York over the said lands, are stated in the opinion.