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The Montauk Point land claim was a series of three lawsuits brought by Chief Wyandank Pharaoh, nephew of the Stephen Talkhouse who died in the same year (1879) that the tribe lost the last remaining vestige of their territory in the New York state courts, claiming Montauk Point on behalf of the Montaukett Indians, against the Long Island Rail Road (LIRR) and its predecessors in title. The first suit, ''Montauk Tribe of Indians v. Long Island R.R. Co.'', brought by Wyandank Pharaoh in the name of the tribe, was dismissed because the tribe had not been explicitly authorized by the state to sue in its own name.〔 As recommended by the Appellate Division's opinion, the second suit, ''Johnson v. Long Island R.R. Co.'', was brought in the name of Eugene M. Johnson, a citizen and tribal member. The New York Court of Appeals disavowed the previous dicta of the Appellate Division, and held that neither an individual Indian nor a tribe could sue in court without enabling legislation.〔 The tribe failed in its efforts to convince the federal government to pass legislation enabling the tribe to bring the claim in federal court. In 1906, the state passed a statute enabling the tribe to sue, and Wyandank Pharaoh brought a third suit, ''Pharaoh v. Benson'', in the name of the tribe. Reaching the merits, the New York courts held that the tribe no longer existed and that the transactions were valid.〔 Since the litigation, the Montauks have failed in their efforts to obtain compensation from the federal and state government, and much of the land in question has come to be held by public parks. ==Background== (詳細はProprietors' Company; the company took possession of the grazing allotments, and paid the tribe an annuity.〔 Circa 1880, the shareholders of the company disagreed over whether the lands should continue to be leased, or whether they should be re-apportioned.〔 In 1878, Robert M. Grinnell sued Edward M. Baker et al. for partition and division of the allotments.〔''Pharaoh'', 149 N.Y.S. at 440.〕 In ''Grinnell v. Baker'' (unreported), the court ordered the lands sold at public auction (subject to the Montauk claim), with the proceeds distributed equally among the non-Indian lessees, rather than the Montauk tribe.〔 The auction took place at the home of Jehial Parsons.〔John A. Strong & Philip Wyppensenwah-Rabito, More on How Montauk Was Parceled Out, ''New York Times'' letter to the editor, at LI11.〕 Arthur W. Benson bought the at auction for $151,000 in 1879.〔〔 In turn, Benson sold of the land to the Long Island Rail Road for $600,000.〔 Benson hired Nathaniel Dominey to negotiate the removal of the Montauks still living on the reservation.〔 At a later, Senate Sub-Committee hearing, Dominey testified that eight Indians remained on the reservation at the time, including: future Chief Wyandank Pharaoh (10 years old at the time), his mother, and two of her brothers.〔 Later, Dominey experienced a change of heart and cooperated with the Montauks in their claim, and turning over his letters from Benson.〔 Dominey testified that he compensated Wyandank Pharaoh's mother with a $100 semi-annual annuity and two houses, to be inherited by Pharaoh, $80 each to her two brothers, and $10 to Wyandank.〔 Arthur Benson had viewed Montauk as "his private playground"; after his death, his son approached Austin Corbin, President and controlling shareholder of the Long Island Rail Road, and Charles Pratt, of Standard Oil, about the possibility of voiding his fathers will and opening Montauk to development.〔 Montauk Point was purchased by Corbin and Pratt in 1895.〔 On October 30, 1895, Chief Wyandank Pharaoh returned from a research trip to Brooklyn and Washington, D.C. to gather evidence to pursue a claim.〔Montauks to Make a Test Case, ''New York Times'', Oct. 30, 1895, at 1.〕 Pharaoh declared his intentions to undertake a hunting trip on the disputed land and initiate a lawsuit if he was interfered with.〔 The ''New York Times'' blamed Chief Pharaoh for the dispute: If King Wyandank Pharaoh of the Montauk Tribe of Indians had not given for $10 the living members of the Montauk tribe might now be wealthy, instead of being poor and fighting for their rights with a desperate hope of regaining at least part of what they claim to be their lawful heritage.〔Indians Claim Lands, ''New York Times'', Sept. 23, 1900, at 15.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Montauk Point land claim」の詳細全文を読む スポンサード リンク
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