Montauk Point land claim
The Montauk Point land claim was a series of three lawsuits brought by Chief Wyandank Pharaoh, nephew of the Stephen Talkhouse who died in the same year (1879) that the tribe lost the last remaining vestige of their territory in the New York state courts, claiming Montauk Point on behalf of the Montaukett Indians, against the Long Island Rail Road (LIRR) and its predecessors in title.
[3] Since the litigation, the Montauks have failed in their efforts to obtain compensation from the federal and state government, and much of the land in question has come to be held by public parks.
[3] Arthur Benson had viewed Montauk as "his private playground"; after his death, his son approached Austin Corbin, President and controlling shareholder of the Long Island Rail Road, and Charles Pratt, of Standard Oil, about the possibility of voiding his fathers will and opening Montauk to development.
[9] On October 30, 1895, Chief Wyandank Pharaoh returned from a research trip to Brooklyn and Washington, D.C. to gather evidence to pursue a claim.
[9] Pharaoh declared his intentions to undertake a hunting trip on the disputed land and initiate a lawsuit if he was interfered with.
[9] The New York Times blamed Chief Pharaoh for the dispute: If King Wyandank Pharaoh of the Montauk Tribe of Indians had not given for $10 the living members of the Montauk tribe might now be wealthy, instead of being poor and fighting for their rights with a desperate hope of regaining at least part of what they claim to be their lawful heritage.
[5]Chief Wyandank Pharaoh, on behalf of the tribe, filed suit, stating a cause of action for ejectment on February 5, 1897.
[10][11] For proof of tribal status, the tribe cited a partition action decided by Judge Dykman and the 1890 United States census.
[11] Judge Maddox granted the demurrer, dismissing the action but allowing the tribe to re-plead if they paid costs.
[11] Before the Appellate Division, the Montauk's case was argued by Leman B. Treadwell, with Francis M. Morrison (both Boston lawyers[5]) also on the brief.
[1] The Appellate Division panel consisted of Judges Goodrich, Edgar M. Cullen, Willard Bartlett, Hatch, and Woodward.
[2][13] In a per curiam opinion, joined by all but Judge Willard Bartlett, the Appellate Division held: While the right to maintain this action in its present form is not free from doubt, still, as it is brought in accordance with the view expressed by us on the prior appeal, we think we should adhere to our former decision, and allow the question to be finally determined by the court of appeals.
[2][13] The Court held that Indians, as wards of the state, had no right to sue unless conferred by statute:[13] A decision holding that this action could be maintained either by the tribe, or an individual member thereof on behalf of himself and all others who should come in and contribute, would be contrary to the policy and practice which have been long established in our treatment of the Indian tribes.
They are regarded as the wards of the state, and, generally speaking, possessed of only such rights to appear and litigate in courts of justice as are conferred upon them by statute.
[5] The tribes requested special legislation to allow them to bring their land claims, for fraud, in the United States circuit court.
[3][8] According to a 1910 Q&A in the New York Times, the lawyers fees were "long since supposed to have eclipsed the value of the land in litigation.
"[22] The trial took place, without a jury, before Judge Abel Blackmar of the Supreme Court of Suffolk County, Special Term.
[8] According to Blackmar, the Montauks individually conveyed all their lands and claims to Arthur Benson between 1885 and 1894, in exchange for $100 to $250 each, except for Wyandank Pharaoh who received only $10, plus between 5 and 45 acres (20,000 and 182,000 m2) in Freetown and East Hampton, plus a $240 annuity to be divided per capita.
[8] Judge Blackmar also held that the Montauks were no longer a tribe:[22] During this long period the number of the Indians was greatly reduced.
They had no internal government, and they lived a sort of shiftless life, hunting, fishing, cultivating the ground 'Indian fashion' as a witness called it, and often leaving for long periods and working in some menial capacity for the whites.
[26] The Secretary prepared a report agreeing with the conclusions of Judge Blackmar and the New York appellate courts in Pharaoh v.
[28] In 1996, represented by Bell, Boyd & Lloyd, the Montauks filed a letter of intent with the Branch of Acknowledgement and Research of the Bureau of Indian Affairs, the first step towards federal recognition.
[34] As quoted in the New York Times, the East Hampton town supervisor said, "Who cares about a bunch of dead Indians?
