The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-03-09

tribe. in which he declared that as an in
dividual member of the tribe might main
tain an action at law. but that as tribe
the Senecas had no standing. Judge Cul-
len held that the Indians were never rec
ognized either by Congress or the courts
as having rights to sell lands or maintain
actions at law.
After two courts had denied the legal
existence of the Montauk tribe. the In
dtans again appealed, and obtained a de-
cision unfolding the previous opinions as
far as they went. according to the In
dams the privilege Of bringing the suit
through an Individual
The suit was accordingly brought be-
fore Judge Wilmot NJ. Smith. of the
County Court, in 1899. in the name of the
Rev. Eugene A. Johnson against the rail-
road company. A technical point again
won for the railroad. This decision OF
the County Court was then reversed by
the Appellate Division of the Supreme
Court. and the case has now been car
ried to the Court of Appeals by the rail-
road company
Undaunted by their long fight, the In
dams will again face the question at is-
sue. The Long Island Railroad contends
that the secretary Of the IT be. the Rev.
Mr.. Johnson, cannot sue in his own name
for the benefit Of himself and other In
dams. The Rev Mr.. johnson declares
that he is a citizen of the United States.
is of Indian blood and lineage. and n
member Of the tribe by right OF birth
and utilization. and that the tribe main
tains an organization under law, treaty
and custom. The Long Island Railroad
contests all these points
If the Court of Appeals denies the Mon
tank Indians the right to sue in the name
of an individual member there will be no
redress for the Indian under Rev York
law. but the United States Supreme Court
may then be appealed to.
Weather beaten monuments IN Old In
dian burial grounds mark the lsn6s now
under dispute. One OF the largest tracts
is situated in the town OF East Hampton
Suffolf county. y. Y beginning a a line
dividing the Napeague beach and mead
ows from the Montauk peninsula, where
the track Of the Long Island Railroad
Company crosses the line Much Of the
land in the township Of East Hampton Il
claimed by the Indians This tract is
situated on the shores OF Fort Pond Pay.
along the west shore OF Lake Wyandance
and extending north 70 Block Island
Sound Lake Monchogue Is the boundary
OF another piece Of Indian land II the
Indians win the Montauks may some day
be the richest tribe in tho United states
The visitor at Montauk Point today
may meet some If the Montauk brave.
Or a beautiful Indian maiden OF a gene
ration ago may offer % seH him souve-
Mrs. The man will proudly tell that tas
Montauke have secured able counsel and
are lighting the case 70 the bitter end.
They Will declare they are not s1 extinct
race. but alive and fuI Of fight Their
attorney IS Leman =. TreadWeIL % New
York. and Senator Hoar and r. n Nor
rison. Of Massachusetts, are Interested r.
the case.
chief Wvandauk lives IN Connecticut
There are only SIX uneal descendants u
the ancient council OF chief. There are
three hundred other people 81 the Mon
tauk blood mixed with that o. the whites
Inc committee having the czse n hard
is composed ~ wyandark Pharaoh. chie'
tire Rev. Eugene s Johnson. secretary.
Azrl CuGee. tr~asur=r. Or =. z John
son. Maurice Mitchell and James Lewis.
John waters. the oldest male member
q the royai family % rhe Montsuks ls
over eighty years old His grandrnothsr
syvfI Larkee was - au-aDk sQ3ar b.
grandfather chief - the Szrrsxs1ssffE
Their marriage early IA me lasl century
settled eTectaally the .egS wh.c5 t5r
hundreds q years kept TIE Sa-raEsrsests
and the NontsBka on the gs-pzth -
.hst time the whole eastern sad = LoaE
Island belonged % re HoatzBks