Schumer calls for U.S. mediation
Apr. 15, 2000

By STEVE FROHNHOEFER
Observer-Dispatch

UTICA — The U.S. Justice Department should mediate the Oneida Indian Nation land claim, not serve as a plaintiff in the case, U.S. Sen. Charles E. Schumer said Friday.

“People in Madison and Oneida counties scratch their heads and say, ‘What is my government doing here?’” Schumer, D-N.Y., said in a meeting with the Observer-Dispatch editorial board. “The federal government has been very one-sided in this.”

The Justice Department did not return calls seeking comment Friday afternoon. The department has supported the New York and Wisconsin Oneidas and the Thames Band Oneidas of Canada in suing the state and Oneida and Madison counties over 250,000 acres taken from them in the late 18th and early 19th centuries.

Negotiations to settle the land claim collapsed in Syracuse last week, leaving the issue headed for court. Politicians, including Schumer, U.S. Rep. Sherwood Boehlert, R-New Hartford, and Gov. George E. Pataki, have written letters seeking to protect landowners since talks broke down.

Parties to the lawsuit since have reaffirmed an interest in returning to the bargaining table.

Schumer agreed issues are best resolved out of court. But he said landowners must have the specter of being included as defendants removed from them immediately.

“They should hold landowners completely harmless,” he said. “Each side has its merits, but to use these people as pawns, ... I find it awful.”

The Oneidas in December 1998 asked the court to add property owners in the claim area as defendants in the lawsuit. The move sped along the legal process but has fueled tensions throughout western Oneida and eastern Madison counties.

With the process well under way, no reason exists to maintain landowners’ involvement, Oneida County Executive Ralph J. Eannace Jr. said.

“The landowners should be left out of this,” Eannace said. “That would make it much easier for us at the table.”

Oneidas spokesman Mark Emery said ejectment of landowners or charging rent to those who live on lands found to be tribal-owned never has been a consideration.

“It was never in the Oneidas’ amended complaint,” Emery said.