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#162750 --- 05/05/05 11:35 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...
Dan do you not have an opinion on this part. "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" Or this part. "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ;"
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I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#162751 --- 05/06/05 02:48 PM Re: Cayuga County Tests Indian Gas Pumps
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
That is accurate. However, you have failed to recognize that where a treaty, or one of its provisions, conflict with a subsequent enactment of Congress the treaty or its conflicting provisions are deemed abrogated: ". . . The Constitution gives it (the treaty) no superiority over an act of Congress in this respect, which may be repealed or modified by an act of a later date." Head Money Cases, 112 U.S. 597. See also Geoffrey v. Riggs,133 U.S. 258-271.

The statutes enacted in 1948 (25 U.S.C. 232) and 1955 (25 U.S.C. 233) were not ambiguous in extending the State of New York's criminal and civil jurisdiction to include Indian land. The language of these statutes makes a clear distinction between jurisdiction over the land itself and jurisdiction over activities taking place on the land. Specifically, the statute includes the following language {emphasis added} "Provided further, That nothing herein contained shall be construed as subjecting the lands within any Indian reservation in the State of New York to taxation for State or local purposes, nor as subjecting any such lands, or any Federal or State annuity in favor of Indians or Indian tribes, to execution on any judgment rendered in the State courts, except in the enforcement of a judgment in a suit by one tribal member against another in the matter of the use or possession of land: And provided further, That nothing herein contained shall be construed as authorizing the alienation from any Indian nation, tribe, or band of Indians of any lands within any Indian reservation in the State of New York: Provided further, That nothing herein contained shall be construed as conferring jurisdiction on the courts of the State of New York or making applicable the laws of the State of New York in civil actions involving Indian lands or claims with respect thereto which relate to transactions or events transpiring prior to September 13, 1952" (25 U.S.C. 233)

It is clear and unequivocal that the exceptions to this general grant of civil jurisdiction relate only to lands and not to transactions unrelated to the lands or transactions that simply occur on Indian land. In any case, 25 U.S.C. 232, 233 were enacted subsequent to all treaties, so in any conflict between the treaties and these statutes, the statutes must control and
the treaties must be deemed abrogated.

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#528374 --- 02/18/07 12:50 PM Re: Cayuga County Tests Indian Gas Pumps [Re: dwarren]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
March 1
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#528637 --- 02/18/07 07:57 PM Re: Cayuga County Tests Indian Gas Pumps [Re: Okla.ndn]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Originally Posted By: Okla.ndn
Dan do you not have an opinion on this part. "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" Or this part. "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ;"


Okly: You've been asked this before and never answered. WHAT treaty did YOUR tribe ever make with the U.S.? The U.S. stopped making so called treaties with tribes in 1871 because they were subservient to the U.S. Your tribe wasn't created until 1936. All Indians were made citizens in 1924. The U.S. can't have treaties with it's own citizens.

Oh, excuse me. I forgot. Ya better have your federal overseer explain it to you.

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#528883 --- 02/19/07 10:11 AM Re: Cayuga County Tests Indian Gas Pumps [Re: Rich_Tallcot]
CitizenStraub Offline
Senior Member

Registered: 01/12/07
Posts: 536
Loc: Seneca County, NY
10 Days to go!
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"When you're looking at the business end of a grand jury, chances are, someone is going to prison."

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#529543 --- 02/20/07 02:11 PM Re: Cayuga County Tests Indian Gas Pumps [Re: CitizenStraub]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Is Okla in hiding or still looking for that Rez?
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#529559 --- 02/20/07 02:20 PM Re: Cayuga County Tests Indian Gas Pumps [Re: bluezone]
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
I have never had to look for it. Can you say trust land? LOL
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#529676 --- 02/20/07 04:47 PM Re: Cayuga County Tests Indian Gas Pumps [Re: bluezone]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Originally Posted By: bluezone
Is Okla in hiding or still looking for that Rez?


He's probably been dealing with Spitzer for one of the Catskill casinos or maybe even one in Auburn. Spitzer pulled off an agreement with the Mohawks for one, the legislature approved three. But NO compact has been approved by the legislature, he still has to clear Kempthorne's no-off-rez casino stand (450 miles from their rez)(in a different tribe's aboriginal territory), and there is already a lawsuit filed to push for an EIS because the BIA said they didn't need one because there would be no impact.

Well, considering they agreed to give the county $20 million a year to mitigate the impact at least the tribe admitted there would be one.

Plus they agreed to collect and remit sales taxes in the Catskills and told Spitzer to collect it from the wholesalers elsewhere, likely because they couldn't make their own people comply. Yeah, I know, the Seneca-Cayuga agreed to do that too.

I have nothing against Okla, we just disagree. He's just a member of one tribe. There are eleven ongoing tribal lawsuits in this state now aside from five different tribes filing for trust status. It's going to be an interesting year.

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#530222 --- 02/21/07 10:28 AM Re: Cayuga County Tests Indian Gas Pumps [Re: Rich_Tallcot]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
THE GOV'S GAMBLING GOOF
February 21, 2007 -- Gov. Spitzer is getting into bed with the St. Regis Mohawks, giving the green light to a partnership between the upstate Indian tribe and a private firm to build a $600 million casino at the former Monticello Raceway in the economically troubled Catskills.

Bad move.

We're no fans of legalized gambling; it's socially corrosive on several levels.

But that horse is out of the barn. Connecticut, New Jersey, Pennsylvania and upstate New York already have casinos galore, and it's clear that the N.Y.C. area will, too - even if it means subverting the state Constitution's ban on casinos via compacts with Indian tribes.

However, doing a deal with this particular tribe - with its extended history of often-violent criminality - is a travesty.

Over the past eight years, the feds have cited the St. Regis Mohawks in connection with a $687 million smuggling operation involving illegal liquor, cigarettes and guns.

They've also done a brisk business smuggling people - transporting more than 3,600 illegal aliens from China into America through the St. Regis reservation, which transverses the U.S.-Canadian border along the St. Lawrence River.

They've also occasionally engaged in shoot-outs with the New York State Police, the Royal Canadian Mounted Police and the Canadian army.

Not exactly good neighbors, we'd say.

Yet the last two governors have worked overtime to expand the Mohawks' control over casino gambling in New York.

Yes, the Catskills need economic help.

And there's no denying the potential revenue lure of this casino, which would be closer to the metropolitan area than either Atlantic City or Foxwoods.

But it would be fully 400 miles from the St. Regis reservation; in no credible sense is it part of tribal lands - logically, a prerequisite for the establishment of an Indian-owned casino.

And while the 1988 federal Indian Gaming Regulatory Act allows for some latitude in this regard, U.S. Interior Secretary Dirk Kempthorne - who must sign off on any deal - has said lawmakers didn't intend to OK casinos so far from tribal land.

All of which suggests that the court battles are far from over. Competing casino interests, opponents of legalized gambling and local residents fearful of the casino's impact on traffic and other conditions all have vowed a fight.

We hope they wage it with vigor.

Happily, there's no sign that Kempthorne will rush to any decision in the matter. In fact, the matter will likely stay up in the air for years.

Which means there's time enough for the state to do this right.

If casino gambling is as inevitable as it appears, then it's time to amend the state Constitution to open gambling to everyone - not just dubious partners like the St. Regis Mohawks.

This would be an extended process: Two successively elected Legislatures would have to agree, and then there would be a statewide referendum.

There would be no guarantees, to be sure.

But it's the way to go.

Meanwhile, Spitzer needs to read the relevant State Police files on the St. Regis Mohawk tribe.

When he does, he'll come to his senses quickly enough - and ice this project.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#530338 --- 02/21/07 01:50 PM Re: Cayuga County Tests Indian Gas Pumps [Re: bluezone]
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
See I told you Spitzer is a smart man. Who will be next in line for a casino? Can you say trust land? LOL
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#533572 --- 02/28/07 07:27 AM Re: Cayuga County Tests Indian Gas Pumps [Re: Okla.ndn]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: Okla.ndn
Can you say trust land? LOL


Is that not what you said about the land claim?


LOL
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#533657 --- 02/28/07 11:20 AM Re: Cayuga County Tests Indian Gas Pumps [Re: bluezone]
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
We were beat on the land claim before it was even filed. But it's not going to be so easy to beat this. I know you can say it, trust land. LOL
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

Top
#535061 --- 03/02/07 02:50 PM Re: Cayuga County Tests Indian Gas Pumps [Re: Okla.ndn]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Can you say No Rez in NY?
Your divided tribe left NY.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#536259 --- 03/04/07 10:30 PM Re: Cayuga County Tests Indian Gas Pumps [Re: Okla.ndn]
CitizenStraub Offline
Senior Member

Registered: 01/12/07
Posts: 536
Loc: Seneca County, NY
Originally Posted By: Okla.ndn
We were beat on the land claim before it was even filed. But it's not going to be so easy to beat this. I know you can say it, trust land. LOL


Today Cayuga County and the Catskills, tomorrow the whole United States!
_________________________
"When you're looking at the business end of a grand jury, chances are, someone is going to prison."

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#536617 --- 03/05/07 02:37 PM Re: Cayuga County Tests Indian Gas Pumps [Re: CitizenStraub]
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Originally Posted By: CitizenStraub
Originally Posted By: Okla.ndn
We were beat on the land claim before it was even filed. But it's not going to be so easy to beat this. I know you can say it, trust land. LOL


Today Cayuga County and the Catskills, tomorrow the whole United States!
LOL
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

Top
#537012 --- 03/06/07 06:49 AM Re: Cayuga County Tests Indian Gas Pumps [Re: Okla.ndn]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: Okla.ndn
See I told you Spitzer is a smart man. Who will be next in line for a casino? Can you say trust land? LOL


While the land claim was in the coruts, all Okla would say is that the land claim is about the land.

Why is the only focus for his tribe is a casino?

it must not be about the land just a casino..........
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#537229 --- 03/06/07 01:35 PM Re: Cayuga County Tests Indian Gas Pumps [Re: bluezone]
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
It's about the land. With out land theres no casino. LOL can you say trust land?
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#537604 --- 03/06/07 08:58 PM Re: Cayuga County Tests Indian Gas Pumps [Re: Okla.ndn]
CitizenStraub Offline
Senior Member

Registered: 01/12/07
Posts: 536
Loc: Seneca County, NY
Originally Posted By: Okla.ndn
It's about the land. With out land theres no casino. LOL can you say trust land?


Without the casinos, there is no money for lawyers and no money to lobby for more land.
_________________________
"When you're looking at the business end of a grand jury, chances are, someone is going to prison."

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#539610 --- 03/10/07 07:07 AM Re: Cayuga County Tests Indian Gas Pumps [Re: Okla.ndn]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: Okla.ndn
It's about the land. With out land theres no casino. LOL can you say trust land?


Can you say dead land claim?
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#539708 --- 03/10/07 12:44 PM Re: Cayuga County Tests Indian Gas Pumps [Re: bluezone]
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
We proved what was needed, so let it go. Can you say trust land? LOL
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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