It was expressly stated in the 1864 Treaty the Tribe would be secured "the exclusive right of taking fish in the streams and lakes, included in said reservation".

In Article I, the tribe agreed to "cede, surrender, grant, and convey to the United States all their claim, right, title and interest in and to" that land.

The question the court was considering was whether or not the Tribe reserved a special right to hunt and fish on the ceded lands and were free of state regulation through the 1901 Agreement.

The Court pointed out that the language in the 1864 Treaty indicated that the Tribe's right to hunt and fish was restricted to the reservation and not on any of their additional ceded lands.

In addition, the language in the 1901 Agreement did not evidence any intent to preserve special off-reservation hunting or fishing rights for the Tribe.