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Kennedy v. Becker, 241 U.S. 556 (1916)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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.
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Chicago:
U.S. Supreme Court, "Syllabus," Kennedy v. Becker, 241 U.S. 556 (1916) in 241 U.S. 556 241 U.S. 557–241 U.S. 559. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=S2IMNU3XMEGFPYY.
MLA:
U.S. Supreme Court. "Syllabus." Kennedy v. Becker, 241 U.S. 556 (1916), in 241 U.S. 556, pp. 241 U.S. 557–241 U.S. 559. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=S2IMNU3XMEGFPYY.
Harvard:
U.S. Supreme Court, 'Syllabus' in Kennedy v. Becker, 241 U.S. 556 (1916). cited in 1916, 241 U.S. 556, pp.241 U.S. 557–241 U.S. 559. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=S2IMNU3XMEGFPYY.
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