In the United States v. Winans case of 1904, the Supreme Court ruled in favor of the Yakama Nation, affirming their right to fish at all "usual and accustomed" places as per their treaty with the U.S government. The dispute arose when a private company owned by Lineas Winans built a fish wheel on Columbia River land they leased from railroad companies, effectively blocking Yakama fishermen's access to traditional fishing grounds. The court held that treaties should be interpreted as how they would have been understood by indigenous people at signing time; hence it was not just about granting rights but also reserving those which were not explicitly relinquished. This landmark decision established an important precedent for future cases involving Native American treaty rights.

In the dissenting opinion for United States v. Winans, Justice Brewer argued that the treaty between the U.S. government and Yakima Nation did not grant exclusive fishing rights to tribal members at their "usual and accustomed" places off-reservation. He contended that while it was true that these tribes had been given certain privileges, they were not absolute or exclusive in nature but rather shared with other citizens of Washington State under its laws. The justice also disagreed with majority's interpretation of 'in common with' phrase from the treaty, stating it should be read as granting equal access to all citizens rather than special rights to Native Americans only. Furthermore, he expressed concern over potential implications on private property rights if such broad interpretations were allowed for treaties involving indigenous peoples.