[hmmmm ... I would like to see the Senecas hold out on this one. If they give in, on taxes, next they will be forced to abide by smoking bans in Indian owned casinos. They should think about returning to the old ways ... and giving those politicians a very close "tax-free" haircut ... after all, the politicians are scalping smokers.]


"Senecas pledge to resist attempt to collect sales tax

By TOM PRECIOUS and LOU MICHEL
News Staff Reporters

CATTARAUGUS INDIAN RESERVATION - State lawmakers are looking to Native Americans, especially the Seneca Nation, to help balance this year's budget and provide more money to spend on education and health care.
But those legislators are going to be sorely disappointed, Seneca leaders and residents said last week.

"I will fight, whatever it takes, to protect our sovereignty and prosper. There's got to be an ultimate cost," said Barry E. Snyder Sr., the Seneca Tribal Council chairman who owns smoke shops and gasoline stations on the Cattaraugus and Allegany reservations.

There are fears of a return to the battles of a few years ago, when Senecas fought state troopers, closed the Thruway and burned tires in protest of state attempts to collect taxes.

"If they try to get taxes, the Thruway would be completely blocked off. It's Seneca land, and it will happen," said Jennifer Jamison, who works at her cousin's smoke shop, Triple J.

"I was there when we picketed on the Thruway in 1997," she said of one confrontation when 1,000 Native Americans and their supporters battled state troopers. "They were stealing the troopers' hats and stomping on their patrol cars."

"What will the state do when our economy dwindles? Maybe they'll give us welfare again. We can go back on the welfare rolls and sell beads and moccasins along the road," said Sally Snow, owner of Wolf's Run, a gasoline, tobacco, restaurant and giftware complex that employs 30 workers.

Jamison, who works at the Triple J smoke shop, said state authorities could expect fierce protests if the state goes through with tax collections on Seneca lands.

"It's all about money. Indians were here first, and the state wants to take that away," Jamison said.

Armstrong expressed concern over the possibility of violence.

"I don't like to see violence. I'd hate to see that happen," the Seneca leader said."


Buffalo News


PHOTO'S & STORY 1997 PROTEST




[This message has been edited by John L (edited 05-12-2003).]

this ruling.

Sorry about my last post..it got wiped out for some reason. Anyway, the Federal Court in Rhode Island ruled today that the Naragansett tribe, recognized by the Federal Gov., has a LEGAL obligation (acting as the "agent" of the sale) to collect all applicable taxes required by Rhode Island. The Tribe will appeal this decision.

The Onondagas closed I-81 just south of Syracuse in 1997, and said they will gladly do it again. The interstate runs straight through the middle of their reservation, they have also threatened to put up tollbooths. The Senecas have several treaties on their side also. Treaty of 1842, I think it was. I posted a link here somewhere to it. It says explicitly that the state has NO AUTHORITY to collect taxes from the sale of goods on the reservation, whether they sell to Indians, or nonIndians. The Oneidas have half compromised with the state, they make their money from the Turning Stone Casino.

Sorry, me again. Check out the treaties as recent as 1976 reiterating the sovereignty of the Seneca Nation.

I don't think the Naragansetts had a treaty. We colonial people pretty much wiped out the tribe by giving them our smallpox (dead) infected blankets and clothing. This was highly designed and gained a lot of empty farmland. This started out King Philip's War. The Naragansetts fought for their rights by petition to the Government. Not apples to apples with the Senecas or Oneidas,who had treaties, but this should be a wake-up call. The tax man continues to commeth.

This has absolutely nothing to do with the ban, but in between this battle I have been doing extensive research on my mother's family. Her paternal side was from Northampton, MA - Northfield, CT, and I just got through with the families wiped out during the Deerfield masacre.

Someday I plan a trip to MA and CT but in a camper so I can smoke.

Lizzie, isn't route 17 now Interstate 86 out there? Really, what will the state do if the Indians block 3 major interstates in protest? Last time the state troopers used billy clubs, what kind of PR is that for NYS? If NY violates these treaties, wouldn't that make the treaties null and void, returning that section of I-90 and I-86 back to the Senecas? Probably, when the state made these agreements, they probably just figured the Indians would be selling blankets on the side of the road.

Treaties cannot be made null and void by a state. They are Federal Contracts. Does the name Custer mean anything to NYS pols????!!

And everyone thought they didn't screw the Indians anymore...That's true, the treaties specifically say that New York has no power of taxation on Indian land. The way I understand it, in 1997 Governor Pataki's veto on the bill was the end of the story. Governor Pataki stated at the time that this taxation was in direct violation of many treaties signed over the years, which brings it to the level of violating the U.S. Constitution, which states that treaties are to be considered the supreme law of the land. This time, Governor Pataki again vetoed the bill, but his veto was overridden by the Senate and Assembly. I wish, just once, a reporter would question a state senator or assemblyperson why they voted to violate so many treaties and the U.S. Constitution. Unfortunately, our state representatives(if you could call them that) don't do many press conferences, unless they're just not covered by the press.

Sorry, I did catch your point that the treaties are between the Indian Nation and the U.S., leaving the state totally out of any affairs dealing with the Indian Nation.

JeffB you are correct. It matters not what your governor says....or any other additional postering pol...they are not a factors in the equation. Just noise.

We're not far from Route 17 and the burning tires in 1997 were close by. Right close to where we buy our cigs.

I think when the state changed Route 17 to an Interstate maybe they were thinking of troubles ahead. Now they can call in stronger backup, instead of just State Troopers, if the Indians decide to do it again.

I think the state troopers are still on their own, unless it crosses a state line. Even at that, technically, the reservation is not actually part of New York State. It is really barely part of the United States.

News Flash: The Narragansett Tribe of Rhode Island has filed an appeal of the state requirement to collect local taxes citing Violation of Their Soverignty against the State of Rhode Island.

News Flash - they are serious......Seneca suit targets Internet tobacco ban

quote:

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The Seneca Nation of Indians has filed a lawsuit asking U.S. District Judge William M. Skretny to find a controversial state law banning Internet tobacco sales unconstitutional.

"If enforced, the (law) would severely restrict the manner in which Native American retailers in New York have been able to transact business for years, and would represent unlawful interference with the sovereignty of the Nation," the Senecas' attorneys said in court papers.

"The revenue generated through the sale of tobacco products by Native American retailers has assisted in increasing the standard of living for all members of the Nation."

Two other legal challenges to the law, filed last year by a number of cigarette businesses on and off the two Seneca reservations, are pending before Skretny.

"What is important, and perhaps historic, about this new lawsuit is that the entire nation is filing it," Paul J. Cambria, an attorney for the Senecas, said Thursday.

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Smoke gnatzies: small minds buzzing in you business - SWAT'EM