Matter of Treadwell

[*1] Matter of Treadwell 1983 NY Slip Op 50000(U) Decided on May 10, 1983 Sur Ct, Suffolk County Signorelli, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through July 7, 2006; it will not be published in the printed Official Reports.

Decided on May 10, 1983
Sur Ct, Suffolk County

In the Matter of the Application of EDWIN F. TREADWELL, et al, to be certified as voting members of the Poospatuck Indian Nation.



79-3079



Alan Bendersky, Esq., Anthony Conforti, Esq., John Czygier, Esq., Gustave Fishel, III,Esq., Carl Maltese, Esq., Philip Ofrias, Esq., James Reynolds, Esq., Stephen Seidner, Esq., and Barry Warren, Esq.

Ernest L. Signorelli, J.

In this proceeding originally commenced to challenge the validity of a certain tribal election of the Poospatuck Indian Nation a/k/a the Unkechauge {Unkechaug} Indian Nation, this court directed that on or before August 23, 1982, all persons wishing to be certified as eligible voters apply to this court for certification. On the return date thereof, this court appointed counsel for those applicants who were indigent and not represented by counsel.

By order dated November 3, 1982, it was directed that a hearing be conducted to certify members of the Poospatuck Indian Nation eligible to vote. Eligibility was to be restricted to those applicants who are over the age of 18 years, residents of the Poospatuck reservation for six months immediately preceding the election, or in the alternative, have a bona fide claim to residency and are blood right members of the Poospatuck Indian tribe. (See Article 10 of the New York State Indian Law, Sections 150 and 151.)

Prior to the hearing, certain issues were resolved by stipulation among counsel as follows:

1. Any degree of Poospatuck blood would constitute the requisite degree necessary for full blood right membership in the tribe;

2. All of the applicants then remaining on the calendar are conceded to be over the age of 18 years;

3. Except for Ralph Morin and Kenneth Morin, all of the said applicants are deemed to be residents of the reservation.

4. The applications of the following individuals be withdrawn, without prejudice to their right to reapply to the tribal council of the Poospatuck Indian Nation to be voted upon as provided for herein for certification as eligible voters: Barry L. Miller, Earnest Edwards, Michell Miller Smith, Everett Edwards, Barry Miller, Gladys Miller, Virginia Davis Miller, Karla Miller, Jon Miller, Wayne Miller, Arnold Miller, Marion Davis Draper, Catherine Draper Gilson, George Davis, George Davis, Jr., Betsy Davis Delfyette, Sylvia Davis, William Davis, Howard William Davis, Roland Davis, Gilbert Scott, Geronimo G. Scott, George E. Scott, Jr., and Michael Scott.

The remaining applicants are as follows: Howard Treadwell, Maud Treadwell Calinda Johnson, Ethel Treadwell, Pamela Treadwell, Lorna Marie Treadwell, Milton Leslie Treadwell, Donald Treadwell, Walter C. Treadwell, Raymond Leroy Hart, Abbie Langhorne, Mary Langhorn Trent, Nancy Langhorn Harris, Joyce Langhorn Mack, Eva Maynes, Julia Garrett Maynes, Mary Maynes, Gertrude Maynes, Junius Langhorne, Harold Ira Langhorne, Ronald Bell, Helen Williams, Tina Williams, Denise Williams, Millicent L. Higgins, Loretta Bell, [*2]Veronica M. Bell Wilson, Norman J. Bell, Leroy Bell, James Davis, Gilbert Davis, Victoria Davis Scott, Ralph L. Morin, Kenneth L. Morin, and Sonia Cuffee Brackett. They assert their respective claims of blood right lineage in the Poospatuck Indian Nation by virtue of their relationship to three principal ancestors: Hannah Duryea, John Higgins and Joel Davis, who are hereinafter referred to as antecedents.

As to the antecedent, Hannah Duryea, evidence was introduced to prove that Hannah Duryea was born on the Poospatuck Indian reservation in 1824 and, by general reputation, she was reputed to be a member of the tribe. The court adopts the rule in People v. Livingstone (1924) 205 N.Y.S. 888, 123 Misc. 605, (Supreme Court, Onondaga County) that a prima facie case for the status of an Indian may be made by one's general reputation as an Indian or by one's residence upon the Indian reservation. Accordingly, this court determines that the following applicants, who claim lineage through Hannah Duryea are hereby blood certified Poospatuck Indians: Ralph Morin, Kenneth Morin, and Sonia Cuffee Brackett.

As to the antecedent, John Higgins, all of the applicants who claim lineage through him are issue born of his alleged common law marriage to Millicent Squires in or about 1920. The court takes judicial notice that, although common law marriages were abolished in New York on April 29, 1930 (L.1933 Ch. 606), such marriages contracted by competent parties prior thereto are valid and the issue born of such marriage are consequently the legitimate issue of the parties. The court determines that sufficient evidence has been adduced to establish the existence of the common law marriage of John Higgins and Millicent Squires. Accordingly, the following applicants who claim lineage through John Higgins are certified to be Poospatuck Indians: Ronald Bell, Helen Williams, Tina Williams, Denise Williams, Millicent L. Higgins, Loretta Bell, Veronica M. Bell Wilson, Norman J. Bell and Leroy Bell.

As to the antecedent Joel Davis, this court does hereby take judicial notice of two proceedings which were previously litigated in this county wherein the issue of Poospatuck pedigree was considered.

Matter of Intrusion of Horache Sanitorius on the Land of the Shinnecock Tribe of Indians, (Suffolk County, County Court, Index No. 7051-24), Dana v. Maynes, (Suffolk County, County Court, Index No. 3561-35). In both of these cases, testimony was received by the court certifying that Joel Davis was a member of the Poospatuck Indian tribe. Additionally, in the case at bar, additional testimony was presented to support the status of Joel Davis as a Poospatuck Indian. Pursuant to the rule of People v. Livingstone, supra, this court determines that all of the following applicants, claiming lineage through Joel Davis, are hereby certified to be blood right members of the Poospatuck Indian Nation: Howard Treadwell, Maud Treadwell, Calinda Johnson, Ethel Treadwell, Pamela Elaine Treadwell, Lorna Marie Treadwell, Milton Leslie Treadwell, Donald Treadwell, Walter C. Treadwell, Raymond Leroy Hart, Abbie Langhorne, Mary Langhorn Trent, Nancy Langhorn Harris, Joyce Langhorn Mack, Eva Maynes, Julia Garrett Maynes, Mary Maynes, Gertrude Maynes, Junius Langhorne and Harold Ira Langhorne. I

nsofar as the claim of Ralph Morin and Kenneth Morin, evidence was presented to the court that in or about 1977, these applicants were allotted a plot of land on the reservation. However, they claim that they were threatened and because of fears for their personal safety they did not actually go into possession of the land allotted to them. Moreover, there was evidence that their antecedent, as well as other ancestors had enjoyed long term possession of certain plots of land upon the reservation. It has been established that long term possession of tribal lands is equivalent to an allotment and an allotment, once, granted continues until its express revocation by the tribal counsel. Seneca Nation v. Lehly, 55 Hun. 83; Hennessy v. Dimmler, 90 Misc. 2d [*3]523. Since there has been no proof adduced that there has ever been an express revocation of the said allotment accorded to the ancestors, the court accordingly determines that Ralph Morin and Kenneth Morin qualify as residents of the Poospatuck Indian reservation.

In view of the foregoing, the court does hereby determine that the following applicants, are over the age of 18 years, blood right members of the Poospatuck Indian Nation and residents of the Poospatuck reservation, and consequently, are eligible to vote: Howard Treadwell, Maud Treadwell, Calinda Johnson, Ethel Treadwell, Pamela Elaine Treadwell, Lorna Marie Treadwell, Milton Leslie Treadwell, Donald Treadwell, Walter C. Treadwell, Raymond Leroy Hart, Abbie Langhorne, Mary Langhorn Trent, Nancy Langhorn Harris, Joyce Langhorn Mack, Eva Maynes, Julia Garrett Maynes, Mary Maynes, Gertrude Maynes, Junius Langhorne, Harold Ira Langhorne, Ronald Bell, Helen Williams, Tina Williams, Denise Williams, Millicent L. Higgins, Loretta Bell, Veronica M. Bell Wilson, Norman J. Bell, Leroy A. Bell, James Davis, Gilbert Davis, Victoria Davis Scott, Ralph L. Morin, Sr., Kenneth L. Morin, Jr. and Sonia Cuffee Brackett.

In light of the fact that this tribe, for some time, has been without a governing body and there does not exist a tribal counsel qualified to call or supervise the next tribal election, this court does hereby schedule a hearing to be conducted at the Surrogate's Court, County Center, Riverhead, New York, on May 23, 1983 at 9:30 o'clock in the forenoon thereof. At the hearing, the parties will be afforded the opportunity to be heard concerning the formulation of procedures to be adopted concerning the holding of said election.

The court wishes to express its sincere gratitude to pro bono counsel, for the proficient and consciencious manner in which they have advocated their respective clients' positions in this proceeding.

Order signed.