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Discussion in 'Stuff' started by SneakyDave, Mar 23, 2016.

  1. SneakyDave

    SneakyDave Solid Mean
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    A Native American tribe winning 3 court decisions on appeal? Will Pender, Nebraska get wiped out by these SAVAGES?

    It looks like this was a fight over what was considered 'tribal lands' in order to determine where liquor could be sold? The Omaha Tribe claims that Pender, NE is part of this terriroty where it can govern "Beverage Control", but Pender, and the state of Nebraska fought against the tribe's claims.


    SUPREME COURT UNANIMOUSLY HOLDS RESERVATION BOUNDARIES NOT DIMINISHED IN FAVOR OF THE OMAHA TRIBE IN NEBRASKA V. PARKER

    On Tuesday, March 22, 2016, the U.S. States Supreme Court of the United States ruled in a unanimous decision written by Justice Clarence Thomas in favor of the Omaha Tribe of Nebraska in Nebraska v. Parker (14-1406) that an 1882 Act of Congress did not diminish the Tribe’s reservation. The judgment upholds the decision of the U.S. Court of Appeals for the Eighth Circuit.

    ......

    At issue in the case is whether the 1882 Act of Congress, which opened the western end of the Omaha Tribe’s reservation to settlement, diminished the boundaries of the reservation or opened the land to settlement while keeping the reservation intact.

    Justice Thomas writing for the unanimous Court held that “[t]he 1882 Act bore none of [the] hallmarks of diminishment . . . [and] it is clear that the 1882 Act falls into another category of surplus land Acts: those that ‘merely opened reservation land to settlement and provided that the uncertain future proceeds of settler purchases should be applied to the Indians’ benefit.’”

    Additional Background on the case:
    In 1854 and 1865, the Omaha Tribe entered into treaties with the United States to “cede, sell, and convey” land in present-day Nebraska while establishing a reservation for the Omaha Tribe. When the Tribe came back to Congress in 1872 to sell more land, instead of entering into a treaty for the land changing the reservation boundary, Congress authorized the Secretary of the Interior to open parts of western end of the reservation land to sell for the benefit of the Tribe.

    With few parcels sold, the Tribe requested that Congress open more lands to sale in 1882. Under the 1882 Act, nearly 50,000 acres were opened for sale to both Indians and non-Indians and the City of Pender, Nebraska was established by non-Indian settlers.

    When the Omaha Tribe amended its Beverage Control Ordinance in 2006 it applied it to all businesses located within the reservation, including retailers in the Town of Pender. The town brought suit, and the state of Nebraska joined the town, claiming that they were not within the boundaries of the reservation or Indian country, so the ordinance does not apply.​



    http://www.narf.org/2016/03/supreme...minished-favor-omaha-tribe-nebraska-v-parker/
     
  2. SneakyDave

    SneakyDave Solid Mean
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