84 Wash. 2d 164 - Tonasket v. State’s Empirical Analysis
1974
Citation profile
2 district · 18 state decisions
How this case has been cited
Cited by 26 later decisions (2 by the Supreme Court) — most recently August 2011 · most notably Washington v. Confederated Bands & Tribes of the Yakima Indian Nation (1979), 87 Wash. 2d 649 - In Re Adoption of Buehl (1976)
2 district · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 25 U.S.C. § 264
Relies on McClanahan v. State Tax Commission of Arizona · Organized Village of Kake v. Egan · Seymour v. Superintendent of Washington State Penitentiary · Interstate Circuit, Inc. v. City of Dallas · Warren Trading Post Company v. Arizona State Tax Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The state of Washington hereby obligates and binds itself to assume criminal and civil jurisdiction over Indians and Indian territory, reservations, country, and lands within this state in accordance with the consent of the United States given by the act of August 15, 1953 (Public Law 280, 83rd Congress, 1st Session), but such assumption of jurisdiction shall not apply to Indians when on their tribal lands or allotted lands within an established Indian reservation and held in trust by the United States or subject to a restriction against alienation imposed by the United States, unless the provisions of RCW 37.12.021 have been invoked, except for the following: (1) Compulsory school attendance; (2) Public assistance; (3) Domestic relations; (4) Mental illness; (5) Juvenile delinquency; (6) Adoption proceedings; (7) Dependent children; and (8) Operation of motor vehicles upon the public streets, alleys, roads and highways: PROVIDED FURTHER, That Indian tribes that petitioned for, were granted and became subject to state jurisdiction pursuant to this chapter on or before March 13, 1963 shall remain subject to state civil and criminal jurisdiction as if chapter 36, Laws of 1963 had not been enacted.”
4 later decisions quote this exact passage · from the majority““The tax here sought to be imposed upon Mr. Tonasket’s cigarette sales to non-Indians is, among other things, one levied upon the ‘use’ and ‘consumption’ of the cigarettes. By Laws of 1972, 1st Ex. Sess., ch. 157, § 4, the legislature amended RCW 82.24.080, by proclaiming it to be also the intent of the chapter that the cigarette tax be imposed at the time and place of the first taxable event. If this legislative declaration be an expression of what the legislature always intended with respect to RCW 82.24.080, then, since Mr. Tonasket was purchasing cigarettes from an Oregon distributor for resale to reservation Indians as well as to non-Indians, it would appear logical to conclude that the first taxable event would be the resale of the cigarettes to a non-Indian, at which time Mr. Tonasket could be required to affix the tax stamp and collect the amount of the tax from a non-Indian customer.” 525 P.2d at 754 . (Emphasis added).”
2 later decisions quote this exact passage · from the majority“An Act To confer jurisdiction on the States . . . with respect to criminal offenses and civil causes of action committed or arising on Indian reservations within such States, and for other purposes.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.