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NOTES TO THE NATION
MARCH 20, 2008
OSAGE NATION MOTION FOR RECONSIDERATION DENIED
As has been reported, on
January 23, 2009
Judge James H. Payne
of the U. S. Northern District Court ruled against the Osage Nation’s
Reservation case which sought to establish that the whole of
Osage
County
was still a reservation. The Osage Nation filed to reconsider the case,
alleging that the Nation had more evidence to present and the Osage Nation should
have been able to have a trial.
On
March 16, 2009 the motion to reconsider was denied by
Federal Judge Payne. His
ruling said the Osage Nation attorneys waived the Osage Nation rights to
proceed because they did not follow the Federal Rules of Procedure in this
case. He also said that after 8 years of litigation if you claim you had a
better argument; you should have used it when you had the chance. This is a
disturbing development.
The Nation’s million dollar lawyers are appealing the [now
weakened?] case to the 10th District Court of Appeals where they will be
limited to evidence already presented.
RESOLUTION TO
PLACE
LAND INTO TRUST TO BE
INTRODUCED
Like every other Osage, I would like to see the surface of
the whole county legally declared to be a
reservation; that would be a good thing. Unfortunately,
recent events have caused the Nation to seriously
consider the possibility that may not happen. The
consequences could be devastating to the Osage Nation;
we have three casinos setting on non-trust land, which
means, they and the income they produce, could be
in jeopardy.
Someone could fill the Osage people with the hope that
filling lawyers with money will result in overcoming
increasingly long odds; or we could heed the words of
A. E.
Housman:
Since the world has
still Much good, but much less good than ill, And while the sun and moon endure
Luck’s a chance, but trouble’s sure, I’d
face it as a wise man would, And train for ill and not for good.
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