Post by blackcrowheart on May 7, 2006 15:52:02 GMT -5
Indian tribe loses appeal on claiming land near Easton
An American Indian tribe that hoped to lay claim to land near Easton in order to open a casino has lost its federal appeal. The Delaware Nation, of Anadarko, Okla., argued that William Penn's son Thomas swindled it out of the 315-acre parcel under a 1737 deal known as the Walking Purchase.
A federal judge previously rejected the suit, concluding from colonial-era records that settler William Penn had given king-like power to his son to take what land he wished.
The Delawares argued that Thomas Penn tricked the tribe out of 1,200 square miles of their land by falsely claiming he was due whatever land could be covered in a day-and-a-half's walk. The Indian chiefs agreed, presuming his gain would be modest, but Penn had workers clear a path through the forest and then deployed the fastest runners he could find for the "walk."
The U.S. Court of Appeals for the Third Circuit in Philadelphia yesterday upheld the ruling by U.S. District Judge James McGirr Kelly, although on somewhat different grounds. The appeals court panel said in part that the tribe had improperly raised a new issue on appeal it could not consider. - AP
An American Indian tribe that hoped to lay claim to land near Easton in order to open a casino has lost its federal appeal. The Delaware Nation, of Anadarko, Okla., argued that William Penn's son Thomas swindled it out of the 315-acre parcel under a 1737 deal known as the Walking Purchase.
A federal judge previously rejected the suit, concluding from colonial-era records that settler William Penn had given king-like power to his son to take what land he wished.
The Delawares argued that Thomas Penn tricked the tribe out of 1,200 square miles of their land by falsely claiming he was due whatever land could be covered in a day-and-a-half's walk. The Indian chiefs agreed, presuming his gain would be modest, but Penn had workers clear a path through the forest and then deployed the fastest runners he could find for the "walk."
The U.S. Court of Appeals for the Third Circuit in Philadelphia yesterday upheld the ruling by U.S. District Judge James McGirr Kelly, although on somewhat different grounds. The appeals court panel said in part that the tribe had improperly raised a new issue on appeal it could not consider. - AP