In Tulee v. State of Washington (1941), the U.S. Supreme Court ruled in favor of Sampson Tulee, a member of the Yakima Nation who was prosecuted by Washington state for fishing without a license. The court held that an 1855 treaty between the United States and the Yakima Nation exempted its members from such licensing requirements imposed by non-federal entities like states. This treaty guaranteed tribal members "the right to fish at all usual and accustomed places," which included areas now under jurisdiction of Washington state. The court found that this right could not be unilaterally abrogated or qualified by subsequent regulations enacted by any entity other than Congress itself, including individual states like Washington.

In the dissenting opinion for Tulee v. State of Washington, Justice Frank Murphy argued that the state's imposition of a license fee on a Yakima Indian who fished off-reservation was in direct violation of an 1855 treaty between his tribe and the United States. The treaty guaranteed tribal members "the right to fish at all usual and accustomed places," which should not be subject to any form of taxation or licensing by states. He contended that such fees were essentially taxes, thus contradicting federal law which prohibits states from taxing Indians living on reservations without explicit Congressional authorization. Furthermore, he pointed out that this case wasn't about conservation as there was no evidence suggesting Mr.Tulee’s fishing activities posed any threat to salmon population sustainability; rather it seemed like an attempt by the state to regulate Indian affairs - something reserved exclusively for Congress under U.S Constitution.