In the 1897 case of Craemer v. Washington State, the U.S. Supreme Court ruled in favor of Washington state, upholding its right to tax oyster beds owned by private individuals. The plaintiff, Charles Craemer, had purchased tidelands from the state that contained natural oyster beds and argued that he should not have to pay taxes on them because they were naturally occurring resources not improved upon or cultivated by him. However, the court disagreed with this argument stating that when Mr. Craemer bought these lands from the state it was understood they would be subject to taxation as any other property would be under law regardless if improvements were made or not.

The dissenting opinion in the Craemer v. Washington State case argued that the majority's decision to uphold a law prohibiting non-residents from fishing in state waters was unconstitutional. The dissent contended that this law violated the Privileges and Immunities Clause of Article IV, Section 2 of the U.S. Constitution, which guarantees citizens of each state all privileges and immunities enjoyed by citizens in other states. They believed that this clause should protect out-of-state residents' right to fish on equal terms with local residents, as it is an essential activity for livelihood or recreation not confined within any particular state boundary but available across states under federal jurisdiction over navigable waters. Therefore, they opined that restricting such rights based on residency status contradicts constitutional principles promoting national unity and equality among American citizens regardless of their domicile.