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#162710 --- 04/23/05 02:56 PM Cayuga County Tests Indian Gas Pumps
Festus. Offline
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Registered: 05/05/02
Posts: 1728
Loc: The Leader of the Banned
Tribe's gas pumps tested

By The Citizen
The gasoline pumps at the Cayuga Indian Nation's Lake Side Trading convenience store in Union Springs now have Cayuga County's seal of approval.

After a few weeks of talks following a U.S. Supreme Court decision that said Indian-owned land is not automatically sovereign, the county's weights and measures inspector spent three and half hours at the station Friday testing equipment.

County officials believe the decision last month in the city of Sherrill v. Oneida Indian Nation case gave them authority to test the pumps, just as they could any other business. But tribal officials continue to insist the land is sovereign, and they've applied to the federal Bureau of Indian Affairs to put their holdings in a trust to ensure that status.

Both sides agreed to the inspection on Friday on the condition that each side is not giving up future legal claims.

"They are not giving up their claim to sovereign rights, and we did not agree that they have those rights," county Legislature Chairman Herb Marshall said.

The Cayugas initially wanted to have its own inspectors review the pumps while the county's inspector observed, but the county insisted on doing its own testing, Marshall said.

Both Marshall and Daniel French, an attorney representing the Cayugas in the matter, said the testing took place without incident.

"It was a culmination of a cooperative agreement between the

nation and the county," French said. "We're pleased that it worked out well."

Marshall went to the station with the county inspectors, he said, to make sure things went smoothly.

He did say the inspector found two minor problems with the pumps, which were both corrected immediately.

In one case, a pump nozzle was not turning off properly. In the other, a pump was giving customers too much gasoline for their dollar.


http://www.auburnpub.com/articles/2005/04/23/news/news03.txt
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#162711 --- 04/23/05 03:03 PM Re: Cayuga County Tests Indian Gas Pumps
WilllOWisp Offline
Senior Member

Registered: 03/10/05
Posts: 3828
Loc: Seneca County
That's interesting. I thought I had just read where they said "no". I'm glad they complied. I have one question though. After the inspectors leave, is it possible to cheat the consumers by altering the pumps or does the W and M have control over that? I don't know that much about gas stations. I would think it would be easy to be "ready" for the inspectors and then go back to business as usual after they leave. I could be wrong.
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#162712 --- 04/23/05 04:40 PM Re: Cayuga County Tests Indian Gas Pumps
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
The entire exercise was to show the Cayugas are agreeable to inspections, IF, you do not try to assert your legal authority to do so. They have no legal right to dictate if or when they are inspected. The way this service station was inspected did very little to reassure the consumer that he has been getting what he paid for. Giving a heads up we are coming tells you what? Have things in order. Little obvious one pump dispensed more than it was suppose to for the dollar and none were short. Coincidence? Wow, imagine that. This service station should have been inspected the same as any other, unannounced. That might do more to convince people than this farce. I would believe the seal of the Weights and Measure department would be placed in such a way that any alteration would be readily apparent upon a return visit. A return visit should be in order to verify the seal is in place. I am not sure, but I believe they are only inspected once a year unless service to the pumps were necessary.

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#162713 --- 04/23/05 05:05 PM Re: Cayuga County Tests Indian Gas Pumps
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
A side note to the SenecaCo authorities. You are excercising your legal authority to inspect those pumps according to the law as it is written. The Cayugas do not have any legal authority to say no. The Cayuga should not dictate to you if or when they will allow inspections. I doubt you will find anything wrong after all the publicity. If you are successful in checking the pumps that is really not the question. The legal principles remains the same, who is the controlling authority here, the Cayuga or Seneca Co? The law indicates you are. Do not give into their demands.

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#162714 --- 04/23/05 05:59 PM Re: Cayuga County Tests Indian Gas Pumps
Mike Smith Offline
Senior Member

Registered: 06/24/03
Posts: 1638
Loc: out there
Quote:

a pump was giving customers too much gasoline for their dollar.




Hmmm... If I were the suspicious type, I'd say they may have deliberately made the pump generous for the inspection for the good publicity.

"Hey Vern - didja hear? Not only do them Injuns gots cheap gas, their pumps give ya more than their suppose ta!!"
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#162715 --- 04/23/05 08:10 PM Re: Cayuga County Tests Indian Gas Pumps
WilllOWisp Offline
Senior Member

Registered: 03/10/05
Posts: 3828
Loc: Seneca County
They'll be flocking in to get gas now. LOL
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#162716 --- 04/23/05 10:42 PM Re: Cayuga County Tests Indian Gas Pumps
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
What, again you didn't get what you wanted.LOL See just as always the Indians give in and you want more. But hey they did stop the customers from getting more then they thought they were getting. I bet the inspector got a pat on the back for that from the Indians.LOL
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#162717 --- 04/23/05 11:45 PM Re: Cayuga County Tests Indian Gas Pumps
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
In Union Springs, the tribe had their own inspectors check out the pumps on Monday. I work for the village. Thought it was strange because I thought it was the county doing it and knew they had planned to check out the pumps on Tuesday. Nope, the county wasn't a day early. In fact they were rescheduled to Wednesday.

I really don't know if any changes were made, but I didn't expect the county to find anything wrong knowing that the tribe was covering their butt.

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#162718 --- 04/24/05 11:04 AM Re: Cayuga County Tests Indian Gas Pumps
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
the above posts only prove what okla and myself have been saying.no matter what the tribes do it will never be enough for some people.they just got to find a way to keep bashing. no credit for nothing.
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#162719 --- 04/24/05 11:05 AM Re: Cayuga County Tests Indian Gas Pumps
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Quote:

A side note to the SenecaCo authorities. You are excercising your legal authority to inspect those pumps according to the law as it is written. The Cayugas do not have any legal authority to say no. The Cayuga should not dictate to you if or when they will allow inspections. I doubt you will find anything wrong after all the publicity. If you are successful in checking the pumps that is really not the question. The legal principles remains the same, who is the controlling authority here, the Cayuga or Seneca Co? The law indicates you are. Do not give into their demands.





is it not a fact that all injunctions are still in place till after hurd rules again?
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#162720 --- 04/24/05 11:10 AM Re: Cayuga County Tests Indian Gas Pumps
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
If they are, the counties should immediately appeal his rulings and have them overturned. He must consider it in view of Sherrill.

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#162721 --- 04/24/05 11:28 AM Re: Cayuga County Tests Indian Gas Pumps
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
didn't sherrill say the ruling had to go back to hurd. so you want sherrill appealed? we already know hurd has to rerule considering sherrill.but it was also said it is not always a speedy process.
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#162722 --- 04/24/05 11:40 AM Re: Cayuga County Tests Indian Gas Pumps
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Actually Grinch, I thought the same thing as Sworldt "is it not a fact that all injunctions are still in place till after hurd rules again?"

But Bill Dorr said the laws could now be enforced.

As for Hurd re-ruling, yes, he has to abide by the Sherrill case and reverse his prior ruling. He has no choice. So it's not a decision we would have to challenge. As for being man enough to admit he was wrong in the first place may take some time.

However, factors being what they are considering the Sherrill ruling and considering Hurd may drag his feet, a court injunction is a valid request.

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#162723 --- 04/24/05 11:56 AM Re: Cayuga County Tests Indian Gas Pumps
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Sworldt: Our concepts of "bashing" must be different. All I stated were the facts with one opinion being I didn't expect the county inspectors to find anything wrong.

The unmentioned bias comes from the news media NOT mentioning the whole story, but rather giving the tribe tens of thousands of dollars of free publicity as front page news claiming people were getting more than they were paying for.

There's more than a possibility that wasn't happening up until two days prior to the county testing. Independent testing several months ago with premeasured 5 gallon cans showed just the opposite. That's another fact.

Oops, there I go "bashing" again.

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#162724 --- 04/24/05 12:18 PM Re: Cayuga County Tests Indian Gas Pumps
WilllOWisp Offline
Senior Member

Registered: 03/10/05
Posts: 3828
Loc: Seneca County
I think the "news people" should do a reprint and state the "truth" I call that Foul reporting. I will make sure I spread the truth about the "inspection" to my friends. Thanks Dick Tallcot.
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#162725 --- 04/24/05 01:24 PM Re: Cayuga County Tests Indian Gas Pumps
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Quote:

Sworldt: Our concepts of "bashing" must be different. All I stated were the facts with one opinion being I didn't expect the county inspectors to find anything wrong.

The unmentioned bias comes from the news media NOT mentioning the whole story, but rather giving the tribe tens of thousands of dollars of free publicity as front page news claiming people were getting more than they were paying for.

There's more than a possibility that wasn't happening up until two days prior to the county testing. Independent testing several months ago with premeasured 5 gallon cans showed just the opposite. That's another fact.

Oops, there I go "bashing" again.





first you have no room in complaining of someone not telling the whole story as this is one of your favorites.tell only what part of an article that supports your point of view.the newspapers have been very generous to you and the uce over the years.

as to publicity you use every oppurtunity to use the press to get your name ( uce ) in the paper.after meetings i don't see scott looking for public opinion,but you make sure you get your opinion in the press.and don't you call the press for every little move you make and more so than the tribes.

and yes your independent 5 gallon uce story.isn't it true this is the same story the uce tells every time you can when the UCE went to a station and pumped 5 gallons of gas into a container and you claim it was short.Why would anyone believe the uce as you are just as bias as the ones your complaining about.so why didn't you just say the uce performed the test?


Bashing is when one twists or misleads to have a negative affect on a person or persons.
god forbid one might think the uce might do this.lololol
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#162726 --- 04/24/05 01:28 PM Re: Cayuga County Tests Indian Gas Pumps
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Dick: While i have your attention.would you mind replacing the worn flags on your signs and picking up the ones that have blown onto the ground.it is your right to fly them,but you could at least respect them.
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#162727 --- 04/26/05 09:50 PM Re: Cayuga County Tests Indian Gas Pumps
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
We do just that several times a year and have been doing spring maintenance.

Yes, we do respect the flag, unlike the NY Cayuga who don't lower their US flag to half mast when everyone else does, or pledge to the flag at open meetings.

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#162728 --- 04/27/05 12:43 AM Re: Cayuga County Tests Indian Gas Pumps
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Quote:

We do just that several times a year and have been doing spring maintenance.

Yes, we do respect the flag, unlike the NY Cayuga who don't lower their US flag to half mast when everyone else does, or pledge to the flag at open meetings.




Don't try and twist it off to someone else.You never allow the US flag to lay on the ground or even touch the ground.and you don't wait for spring maintance to pick them up.your sorry excuse don't cut with me.you use them than maintain them with RESPECT.... your actions speak louder than your words.
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#162729 --- 04/27/05 06:54 AM Re: Cayuga County Tests Indian Gas Pumps
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Quote:

your sorry excuse don't cut with me.you use them than maintain them with RESPECT.... your actions speak louder than your words.




Sworldt you are by far the biggest hypocrite on this forum. Sworldt - your actions speak louder than words. You hate the US but yet you enjoy all the freedoms and benefits that the US has to offer. You have the audacity to criticize others while your position is far more negative than the points that you bring to light.

Why have you deleted your signature ------- Stop the Hate????? did you look at yourself and find fault in yourself??



STOP THE HATE...........
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