The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-10-15
OF the Indians
Rights
SOON TO BE MADE.
Montauk Case to Be Argued
by F. M. Morrison.

The hearing upon the demurrer in the
case Of A Johnson. against the Long
Island Railway Company, involving
the rights of the Montauk Indians to
the possession Of the lands in and about
Montauk Point, and on which 1t is
claimed that the government mas estab-
lished the now famous Montaux mill
tary camp, has been assigned for Nov.
9Th, before Justice Keogh in the SUI
folk county superior court at Sag
Harbor and then will be determined
whether the Indians have a right before
the courts or not.
The case is to be heard in the Suf-
folk county superior court, as that is
the only one in New York in which
the appearance of counsel is not lini-
ted to counsel OF regular practice in
the New York courts. In Suffolk coun-
ty, counsel from sister states are per-
mitted to argue before the court, and
as Frank M. Morrison of this city. who
is senior counsel for the Indians, is
to make the main argument when the
demurrer Of the Long Island Company
is heard, his argument is to be made
in the county court mentioned.
A fierce legal battle is expected, as
the main defence is that the Indians
have no legal standing in the courts.
MIR. Morrison and the other counsel for
the plaintiff. Scott & Treadwell Of New
York, claim that by the laws of New
| York, Of recent enactment. the Indians
may bring suit under the white man S
| law.
One case which has recently been
| heard in the New York courts, and
which is one of the most important
cases in support of the plaintiffs claim
that they have a legal standing in the
court of law, is the case of Charles H.
Ashman VS.. Aaron Cuffee Lydia
| Ward, Mary Walker, Louisa Eleazor,
ct ais, in which all the parties, though
on opposing sides in this particular ac-
ton. are all Indians, and also parties
to the suit of the Montauk Indians
against the Long Island road for tres
pass.
The Ashman case has been heard in
the New York courts and a decision
has just been banded down, in which
the Indians are recognized as possess
ing legal standing in the court, and
this decision gives the Montauk tribe
and its counsel, Frank M Morrison
great satisfaction.
In the particular case cited, that OF
Charles S. Ashman VS.. Aaron Cuffee
ct ais, when the case was filed Judge
DSnJa1nin L. Reeve, county judge OF
Suffolk, recognizing the rights Of the
Indians to legal standing in court, or
dered the publication of the notice o.
the suit, one Indian against a group Of
his dusky brethren, to appear in Suf
folk county papers.
In the test case, as it is called, all
the parties own certain property in
Easthampton, near Little Northwest
Neck, Sag Harbor, and other places
and the petitioner prayed the
courts that the land which
was held as tenants in common. and
in which no other person or persons
are interested, and in which there are
no specific liens or incumbrances upon
the land against any parties of the
suit, should be divided between tie
plaintiff and the defendants according
to their respective rights, and that
| commissioners be appointed by the
| court to make the partition.
| In this suit the Long Island Railroad
is not recognized as having any con-
nection whatsoever, and the division of
the lands among the Indians them
selves is proposed. Among the parties
| to the case are Aaron Cuffee, Lydia
Ward, Mary Walker Louisa Eleazor.
Maria Crippen, Robe Claiborne, Rose
| Clayborne, Amelia Halsey Hannah
| Todd, Louis Cuffee, Christopher Cuff
! fee, Nathan Cuffee, Melanthon Cuffce,
Ellen Brown, Eugene Cuffee, Theodore
Cuffee, Corrine Cuffee, Addie Cuffee,
Mary G. Cuffee, Lucy Cuffee, Hattie
| Cuffee, Mamie Cuffee and Fannie Ash
man, all of the Montauk tribe.