United States v. Taylor

The Tum Water Fishery was a usual and accustomed fishing spot for members of the Yakima Nation (the Yakima). [Ed’s note: Yakima Nation is now officially named the Confederated Tribes and Bands of the Yakama Nation.] The Yakima would travel over adjacent lands to access the fishery and would cure their fish on the banks of the river. In 1855 the Yakima entered into a treaty with the United States, pursuant to which, in exchange for ceding land, the Yakima secured fishing rights, including the “right of taking fish at all usual and accustomed places, in common with the citizens of the territory.” Subsequently, Frank Taylor (defendant) secured from the United States, pursuant to certain land laws (e.g., the Homestead Act of 1862 and the preemption acts of the early nineteenth century), ownership of the lands bordering the river near the fishery and constructed a fence. The fence obstructed access to the accustomed fishing place, which had been enjoyed by the Yakima since before the treaty. The United States and members of the Yakima (collectively, the United States) (plaintiffs) filed a complaint in the territorial fourth district court, arguing that the fence obstructed full access to and enjoyment of the accustomed fishing place, which was rightfully secured by the Yakima by the treaty. Taylor disagreed, arguing that the treaty was meant to convey rights to use fishing spaces that may be developed in the future and that conveyance of the land to Taylor repealed that portion of the treaty. The district court rendered a decision for Taylor, and the United States appealed.