Thursday, March 31, 2016

The Cupeno Removal

There is an article in the San Diego Reader about the Cupeno Removal of 1903.

Here is a link and an excerpt:

This land is mine: The Cupeño removal of 1903 The blackest of crimes committed against Warner Ranch Indians.

By Jeff Smith, March 30, 2016

Visitors to the Indian village at Kupa were often struck by the silence. No loud voices, no sudden shouts. Even children played quietly. A stillness spread from the bowl-shaped Valle de San Jose below, past Warner’s Ranch, and up to where Cupeños busied themselves with the tasks of the moment — tasks their people had performed since time for them began.

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On May 13, 1901, the U.S. Supreme Court upheld the California Supreme Court’s decision: J. Harvey Downey and his stockholders legally owned Agua Caliente — aka Kupa. It did not matter that the Cupeños lived there centuries before the Spanish came. In the original case, Barker vs. Harvey, attorneys for John Downey, J. Harvey’s uncle, argued that no natives were on the site in 1844, when John J. Warner obtained the land grant. And they never filed a claim to the Board of Land Commissioners in 1851.

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Courts from San Diego to Washington DC read “vacant and abandoned” to mean no Indians were on the property. But in 1893, Warner said that wasn’t true. Eighty-five years old and gravely ill, Warner gave a deposition at his home in Los Angeles. The southern half of the valley was abandoned, he said, not the northern, which included Agua Caliente/Kupa. He “never heard of them being displaced.” The original grant even stipulated that he could not interfere with roads and other usages,” meaning the native village.
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Read the full article at the link below.

This land is mine: The Cupeño removal of 1903 The blackest of crimes committed against Warner Ranch Indians.

68 comments:

Anonymous said...

It is heartbreaking to think how much crap our ancestors dealt with, to be pushed from all directions only to lose their homeland and then to have this crap continuing towards the Cupeno people where we are being stripped of our blood degree and losing the land we were forced onto, all planned and activated by the dishonorable Chairman Robert Smith.

Anonymous said...

I hate PiG SMITH I HATE PIG SMITH I HATE PIG SMITH I HATE PIG SMITH I HATE PIG SMITH I HATE PIG SMITH I HATE PIG SMITH I HATE PIG SMITH I HATE PIG SMITH I HATE PIG SMITH !!

Anonymous said...

I think it's funny that the new RV park built by him is going to smell like shit from all the animals right next to it. Can't wait till it's over 100 and that pasture land is nice and ripe with shit smell and those people ask for refunds!!...HAHAHAHAHAHAHAHAHA...

Anonymous said...

Dam, the cupeno people have been through a world of shit. You would think there pala brothers and sisters would protect each other from dissenrollment. If they were good enough to be enrolled before the casino then they should be good enough to be enrolled after the casino.

Anonymous said...

True the meetings are a joke "Not on the Agenda" that's laughable. Nothing gets in the agenda without Roberts approval so nothing gets discussed by the people that he doesn't want talked about. I want all of you to ask tribal members from other tribes about their monthly meetings and you will see how sad and corrupt Pala's meetings are. Other tribes meetings last 3 hours compared to Pala's 30 minutes. They give detailed financial reports every quarter in ALL of tribal business profit and losses. Not just the casino like at Pala or Nieto's hand made excel spreadsheet of Pala's income or should I say losses. What about the gas station? Mini mart? Pala interactive? Stocks? Interest in accounts? We know we have them because when he economy was bad they were pulling from those accounts to even the tribes monthly revenue so they told us. And gas stations make good money. Other tribes meetings are on weekends because they go so long and there is no closed agenda members can bring up new business in front of everyone to be discussed. Very unlike Pala where the EC only thinks the EC matters and the members are just employees that get what they are willing to give us. I think someone should video record one of the meetings to show others what a joke Pala meetings are with the yelling and EC not letting members ask questions.

Anonymous said...

There are so many members vs the small number on the EC....your tribe needs to rise up and quit blaming the white man, the EC and whoever else they are always blaming. It is one groups fault that all of this is happening and that's the general membership of weak sheep that sit back and let the Council screw them month after month. The Chief and the other EC members are laughing at how dumb you all are.

Anonymous said...

Lol

Anonymous said...

Somebody

Anonymous said...

Just told me that Andrews grand daughter got enrolled how can that be ?

Anonymous said...

Andrew Smith must have 1/4 Cupeno blood, that's how.

Anonymous said...

He's 1/2 which makes his daughter 1/4 his grand daughter 1/8

Reinstatement_Restitution said...

Wrong. Andrew Smith is not 1/2 Cupeno blood. He has no allowable Cupeno blood. His great-grandfather Domingo Moro was a Citizen Indian. Domingo Moro had Indian Homestead land. That means he could no longer claim Indian blood or be a member of a tribe, and neither could his children. This is a federal rule.

His grandmother Annie Moro was allotted land at Pala in error as she was not entitled to an allotment. His great-grandfather Henry Smith was white, and his grandfather Henry Smith, Jr. was white also. There is no proof that Henry Smith, Jr. had 1/4 Mesa Grande blood, only the falsified testimony of some Indian elders who were trying to help him get his Indian traders license. His father Victor Smith was 1/4 Cahuilla (from Nicholosa Lubo full-blood Cahuilla Indian and Domingo Moro's wife), and 1/16 Sonoma (Domingo Moro was 1/4 Sonoma Indian).

Andrew Smith's mother was Marie Blacktooth. Her father is unknown. She was the daughter of Innocencia Blacktooth who was 1/2 Cupeno and 1/2 San Felipe. That makes Marie Blacktooth 1/4 Cupeno and 1/4 San Felipe. So Andrew Smith is 1/8 Cupeno and 1/8 San Felipe, which makes him 1/8 Pala blood if you go by the 1913 Pala Allotment Roll.

We all know the Pala EC is also the Pala Enrollment Committee. Robert Smith has already changed established blood degrees. That is what he did to Margarita Brittain. He cut her blood degree in half without any evidence, then he did the same to all her descendants. He has no qualms about increasing his own blood degree and his brother's to make their grandchildren eligible.

That is how it is now. It could change. The Ninth Circuit Court of Appeals still has not issued a decision in Aguayo v. Jewell.

Reinstatement_Restitution said...

Sorry I mean that Andrew Smith cannot claim Cupeno blood from the Moro bloodline.

Anonymous said...

Thank you R&R, you are right.

Anonymous said...

Blood of the band. So San Felipe counts

Anonymous said...

Innocencia was the daughter of Lizzie Blacktooth. So where was Lizzie Ftom?

Anonymous said...

Andrew Smith 1/2 Cupeno! VERY WRONG! That would mean one of his parents was FULLBLOOD Cupeno and that is so not true! The only way Andrew or Robert Smith is 1/2 Cupeno is if the despicable Robert Smith changed their blood degree to enroll extra family members who better hope he lives a long time because all these illegally enrolled members are only members as long as Roberts in power. Good luck with the time you have as members of our tribe. You may be part of the community but you don't qualify as members. It's obviously all about the $$$ for that family. Why not just be happy as members of the community instead of falsely being enrolled. It's for the $$$ and Rob needs the votes!! Why else??

Reinstatement_Restitution said...

What counts is lineal descent from an 1895 or 1913 Pala allottee. If the San Felipe blood comes from an allottee then it counts as blood of the band.

So was Innocencia Blacktooth a Pala allotee?

Anonymous said...

I don't know, you are the so called genealogist of Pala Watch breaking his family bloodline down, lol. San Felipe and Cupeno are accepted bands of the Pala band counting for enrollment. You be the judge, since you are already.

Reinstatement_Restitution said...

I guess I'll answer my own question. Innocencia Blacktooth was not an original allottee but both her parents were, Mariano Blacktooth and Lizzie Nejo. So the San Felipe blood does count as Pala blood of the band.

Reinstatement_Restitution said...

Now we know you were all curious about the Smith family bloodline, and every family should have to go through the same scrutiny as the Brittains. Shouldn't all the rules should be applied fairly?

Can Andrew Smith legitimately enroll his grandkids? He is at least 1/4 Pala blood, and that means his grandkids would be at least 1/16th and eligible.

These decisions should be honest and fair and follow the rules set forth in the Pala Constitution. But what do I care? I am not a Pala member. I am a member of the Agua Caliente Tribe of Cupeno Indians, and we follow our laws. I am proud to say that.

Anonymous said...

I agree with R&R, Robert put out lies about our family history, he broke it down and changed it to benefit him, but his family can't be known? His great grandfather not only took a homestead but was the one that was notified about the possibility and he was supposed to tell others and he chose not to, he kept that secret to himself and knew he was giving up his Tribal Member Status, and still his family cheated their way into the census to get even more land, it is in their genes to cheat their own people.

Anonymous said...

RandR

What does the Citizenship Act of 1924 (Snyder Act) have to do with whether or not Andrew's grandchild is eligible for enrollment?

Anonymous said...

RandR

What does the Citizenship Act of 1924 (Snyder Act) have to do with whether or not Andrew's grandchild is eligible for enrollment?

Reinstatement_Restitution said...

Who said anything about the Snyder Act? I was referring to the Indian Homestead Act of 1884.

"That any Indian born in the United States, who is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits of the act entitled “An act to secure homesteads to actual settlers on the public domain...”

So in order to obtain homestead land an Indian must abandon tribal relations, which includes membership in a tribe. Also Indian land owners became citizens and bestowed citizenship on their children, so their children were no longer Indians. This is how the law works.

The point being that if the BIA was following the laws they would not have given an allotment to Annie Moro (Smith) and she should not have been counted as a member of the Pala Band.

Anonymous said...

RandR

Hahaha...oh, you mean the Dawes Act? Why do you call these outdated, overturned, federal laws from yesteryear by their obscure, hardly used names. The Snyder Act is the Indian Citizenship Act and the Indian Homestead Acts are creatively known as the Dawes Act. By the way, both of these laws were enacted to assimilate Native Americans into American society and culture, essentially to destroy any remnants tshirt of Native culture found within reservations and/or tribal communities. Both of these federal laws were forced upon every tribe and Native American within the boundaries of America, so with your reasoning, their would be no tribes, their would be no tribal members, their would be no federal overseer (BIA, Dept--Vista of Interior), their would be no tribal lands (reservations) held in trust, their would be no tribal governments, no tribal communities, and no tribal sovereignty. In other words, both of these federal laws would have succeeded and their would be no Indian Country, just assimilated citizens with an antiquated, vanishing, heritage that does not matter. Very anti-Indian, and a wrong way of understanding what has beven clearly settled in Santa Clara Pueblo v. Martinez, that tribal law and the inherent rights to tribal law afforded through the expression get of tribal sovereignty has no place in non-tribal courts and/or tribunals. Lol, keep searching and lookkng, eventually you will get the message.

Anonymous said...

@2:10 R&R did not say whether the act was right or wrong, R&R said that according to the act Robert's Great Grandfather relinquished his tribal membership and his families and that is why Andrew should not be enrolled, nor should any of the family, and it is obvious that Robert knows this fact, that is why he must remain in Power. No one wants to destroy sovereignty, but these rogue tribal leaders, the lame governmental agencies like the BIA, disenrollment lawyers, and lying lobbyist are going to force the hand.

Anonymous said...

@ 2:16pm

My point is, that everybody received an allotment under the Dawes Act, every alloted lot in America that is individually owned by an Indian, not the tribe and is held in trust by the federal government, fell under the Dawes Act, he is not telling the truth. People did not have to "give up their rights" as an Indian, that was the intended game of the Dawes Act, but it never happened, otherwise their would be no tribes. The allotment rolls is pretty much everybody in the tribe, and those allotments fell under the Dawes Act. He is wrong, just because you received an allltment, does not mean you are no longer a Native American or part of a tribal community, that is a stretch and is not nor should be utilized in creating enrollment eligibility, unless the whole tribe wants to relinquish there rights as a tribe...lol.

Reinstatement_Restitution said...

The Dawes Act of 1887 is different legislation from the Indian Homestead Act of 1884, and the Snyder Act of 1921, and the Indian Citizenship Act of 1924. The Dawes Act called for reservation lands to be divided and allotted to individual Indians. The Indian Homestead Act made public domain land available to Indians who wanted to become citizens. The Snyder Act of 1921 defined the ways appropriated funds would be used to benefit Indians and did not confer citizenship on Indians. The Indian Citizenship Act of 1924 (also sponsored by Rep. Homer Snyder) conferred citizenship on all Indians who had not obtained citizenship through other means, such as serving in the U.S. Military.

These various acts of Congress have been superseded, but none have been repealed. So Indians are still citizens, and funds appropriated by Congress are still spent in defined ways to benefit Indians. Reservation lands are no longer allotted to individual Indians, and homesteading was ended pursuant to the Federal Land and Policy Management Act of 1976.

You laugh at my reasoning, yet you clearly don't know what my reasoning is. My reasoning is based on a body of Indian law and how it affects the status of Indians. The body of Indian Law has been erected over a long period of time and much of it is still vital. For instance the Indian Non-Intercourse Act was passed in 1790, and prevents the conveyance of Indian lands without federal approval. This prevents lands held in trust for the benefit of Indians from passing out of Indian possession. Do you want this law to go away because it is old?

The Dawes Act was responsible for egregious harm to Indians and their way of life. It is a good thing that it is no longer in practice, but would you like it if the federal government no longer recognized the Indian ownership of allotted land? The unintended side effect of trying to argue that my reasoning is designed to bring about the end of Indians, the BIA, Indian lands, and governments is to demonstrate your profound lack of knowledge.

I suggest you get back to promoting tribal sovereignty as a tool to harm Indians. At least there you have a bunch of corrupt tribal leaders that support your fallacious reasoning.

Anonymous said...

RandR

Hahaha. Why do you keep insisting that you know everything. The Indian Homesteading Acts were made to allow tribes and individual Indians to benefit from the Homesteading Act, that white people were utilizing, and allowed individual Indians who received homesteading land to remain part of their tribe, ie receive per capitia, and to have the land held in trust, the reason I am laughing is because all of these issues have been dealt with in Federal Indian Law. Nobody who received homesteading lands relinquished their rights to thEirik tribes, they were able to do both, hence the passage of other laws that allow dual citizens ship, like the Snyder Act. I am laughing because you don't know what you are talking about, tribal sovereignty has nothing to do with individuals, it has everything to do with the tribe, and is protected from non-tribal entities. Meaning, what is happening under tribal law is not the business of nor should it be decided by non-Indians, no matter what you say or think, no law while ever reverse that basic tenet of Indian Law, whether it was in 1884 or 2016...lol.

Anonymous said...

@3:42 PM The Indians did not put themselves on reservations and give each other allotments. Why is it then that the word "Citizen Indians" even exist? and they were said to be excluded from tribal allotments? There would be no need under your understanding. You keep trying to reason your thoughts out so that it makes it ok for what Andrew and Roberts great grandfather did, which is fine, then if you see this point, why can't you see our truth? We have paper work after paper work, sworn affidavits, and much more, yet you seem compelled to argue a mute point about whose business it is. We are the ones going through it, and we have had many blockades, we will keep doing our research and we pray we find a way, we don't need negative Nancy's, we have been through enough. We were treated unjustly and given no due process and the BIA is responsible for letting things happen so that we got to this point where Robert controls all aspects of the tribe and the casino, now we are trying to conquer this evil. He does not follow tribal law and has committed crime against us and the tribe, that is the point. If you think you are so smart, tell us things that will help us, not hinder us. It is obvious that new things can be achieved and there are loopholes everywhere or Howard Dickstein would not have taken advantage of tribes the way he has by helping leaders override their own constitutions and destroy their true tribes.

Anonymous said...

Domingo Moro was a Citizen Indian and gave up on the customs and traditions of his people.

If you have the 2005 version of Mulu'Wetam all you have to do is read the speech he gave on page 55. He turned his back on the old ways, turned his back on the old people, and tried to convince the young people to adopt the white man's ways.

He is what some would call a hang around the fort Indian which is why Robert does so well with attorneys and lobbyists. It's in Robert's blood to turn his back on his people and adopt the ways of the white man.

It goes without saying how much the BIA praised Domingo Moro for being a "progressive" Indian and loved to work with him. Sort of how Amy Dutschke loves to work with Robert these days.

Reinstatement_Restitution said...

The Indian Homestead Act required Indians to give up their tribal relations in order to obtain public domain land. You probably should refer to my earlier post where I quoted the exact text of the Act. In the case of Domingo Moro he was not counted as a member of the Pala Band by the BIA. His homestead land was on the outskirts of Warner's Ranch and in the public domain far from the Pala Reservation.

I refer you to the Pala Census of 1923 where in the right hand column beside the name of Nicolosa Lubo it says "Husband Domingo Moro, Citizen Indian, has fee patent to his public domain allotment." The intent of the Indian Homestead Act was to get Indians to give up tribal relations and become U.S. Citizens. The Indian homestead land was public domain land and not on the reservation.

If they lived on their homestead, which they were required to do in order to retain their land (that is why it was called Homestead Land, because people made their homes on it), they were off rez and not part of the Indian community. Somehow Domingo Moro was able to have Homestead Land and stay on the Pala Reservation. This was allowed by the BIA, but it was not in compliance with the law. I am not sure what the BIA got out of it, but Domingo Moro got land, his children got allotments, he was the Tribal Policeman, acted as Captain and even started a business with Henry Smith, Jr.

The U.S. does not consider tribal members to be dual citizens. That is not a correct interpretation of tribal membership. Indian tribes are not foreign nations; they are domestic dependent sovereigns. This was established in a Supreme Court Decision by Chief Justice John Marshall in Cherokee Nation v. Georgia (1831).

You appear to be confused between Indian law and tribal law. Indian law is a body of federal law that the U.S. has developed to govern the relationship between Indians and the U.S. Tribal law is law that tribes use to govern themselves. Tribal sovereignty is a legal principle that defines the immunities and privileges of tribes in regards to the government-to-government relationship with the U.S. (and state and local governments). Individual Indians are not sovereigns.

In sum your comments are rife with errors and misinterpretations. You should do a little research and see if what I am saying is correct before putting your foot in your mouth.

Anonymous said...

@ 4:11am

Why do you think I am backing one side or the other, I am not a tribal member, so this is really none of my business, but I do know about Federal Indian Law and am just giving my opinion on posts that do not make sense to me. So, this post is saying that Andrew's grandchild cannot be enrolled, but he has 1/4 Cupeno blood, then this post argues that Andrew's family is not even allowed to be on the rolls because of the Indian Homestead Act, then I am attacked for giving an opinion on why these posts are in error, now I am being accussed of supporting one side over another. I do not care about either side, I care about the truth and will give my opinion when people start making statements that are not true, or that have no relevance to the current situation. Homesteaders came ont ok this reservation and took land, is that what you guys are saying, that Andrew's family was never part of the original Cupeno people? A citizen Indian is a term United to designate Indians who, I would assume, received land under the Homestead Acts, but that does not relinquish their rights to being part of a tribe. I would also assume they were not allowed allotments because they already received land which would remain in trust stauts. I am not sure why people do not like my opinions when I critically engage RandR, or when I do not agree with his opinion, after all, that is all this is, people's opinions, and has no real relevance in tribal government, trival law, and/or within this tribal community, unless of.course you are an enrolled member bring up these issues at tribal meetings...lol.

Anonymous said...

I didn't realize putting lol at the end of an argument makes it true...lol

Anonymous said...

Lol

Anonymous said...

Lol

Anonymous said...

@ 4:33, I apologize for my assumption, but when you put lol and hahaha in your comment it is condescending and reveals a glimpse of arrogance. The reason we are pointing out Andrew's Indian Citizenship is that Robert and the EC have disenrolled our family going by one document to determine Margarita's blood quantum and the rest of the tribal members blood quantum comes form the original 1913 Census, and we are not being treated fairly. If we used that same document for all tribal members a lot of families would be in jeopardy. We do not want that, we want all families treated the same and looked at through the original Census. It is a tough and hard road to fight, because of sovereignty, but we are saying that because of the crap he has gotten away with that he is a corrupt leader and it is the BIA's responsibility to protect us from Corrupt leaders. It is happening everywhere, so all this sovereignty and Indian Laws won't matter much soon, because these corrupt leaders are really the ruin of their tribes and eventually they will be caught or destroyed, and by then there will be no true members left.

Reinstatement_Restitution said...

Someone asked about Andrew Smith enrolling his grandchild and whether or not his grandchildren are eligible. I posted his bloodline, explained how the blood degree should be calculated and concluded that this grandchildren are eligible.

The actual blood degree calculation was 1/8th Cupeno and 1/8th San Felipe. Since Andrew is a direct lineal descendant of a 1913 Pala Allottee these blood degrees contribute to Pala Band of Mission Indian blood of the band. That makes him 1/4 Pala blood degree.

The part about the Indian Homestead Act related to Andrew Smith's great-grandfather, Domingo Moro, who was a Citizen Indian and had severed tribal relations and relinquished tribal membership. Because of the act of severing tribal relations and taking homestead land Domingo Moro's blood should not be counted as Pala blood of the band. It isn't so hard to understand. He gave up his tribal membership so he could become a U.S. Citizen and own land.

Homesteaders can not come on reservation land. Reservation land is held in trust by the federal government for the use of Indians. Public domain land is open to ownership by the public. Public domain land was open to homesteading until 1976. Patent fee land is land that is patented to an individual for a period of time. After the patent expires it becomes fee simple land which can be bought and sold. That is why I brought up the Indian Non-Intercourse Act which says Indian Land cannot be conveyed (bought or sold) without federal approval and that is what makes reservation land different from public domain land.

A Citizen Indian is an Indian that obtained U.S. Citizenship. U.S. Citizens have rights and obligations that Indians don't have. U.S. Citizens have voting rights and pay taxes. Indians do not have to pay taxes and have no voting rights. In 1924 this changed. The Indian Citizenship Act made all Indians U.S. Citizens. Afterwards Indians had voting rights and tax obligations to the federal government.

Indians with Homestead land are not entitled to allotments. Allotments are divisions of reservation land. The land is held in trust by the U.S. Government for the use of an individual Indian, and that individual can pass these rights to use the land to heirs. Reservation is shared land. It is reserved for the use of a tribe, and not for an individual. Indian Homesteaders gave up the right to allotments of reservation land in order to have public domain land. This was usually better land than reservation land and the reason why some Indians chose to server tribal relations.

The Cupeno people and the Pala people are two different Indian entities. The Cupeno people come from Cupa Village in Warners Springs. Pala people come from the Pala Valley. The Cupenos were moved from Warners Springs to the Pala Valley. The Cupenos who came to Pala received allotments on the Pala Reservation. Thr names of those who received allotments are recorded on the 1913 Pala Allotment Roll.

Domingo Moro was the son of Adolfo Moro who was not a Cupeno Indian. He came from Sonoma and was a half-breed. Adolfo married a Cupeno woman named Sylvestra Chutnicut (or Sivimoat depending on the source). So Domingo Moro was 3/4 total Indian blood, with 1/4 Sonoma and 1/2 Cupeno. He did not sever tribal relations until after he left Warners Springs.

By the way, these are not opinions. They are facts.

Anonymous said...

what people really need to do stop posting shit that ain't true .all it does is gets people fired up and talking shit but then again that's what they want.

Anonymous said...

I agree with 7:56pm because I looked up all of these facts and they are true according to all of the documents that I have studied, which are all in the records of the BIA.
And once they gave up their rights they are considered a Citizen Indian, which gives them no rights to pass their Indian blood to other children that are born to that family.

Reinstatement_Restitution said...

So what part isn't true? I can back up all my facts with supporting documents. The caveat is that there might be conflicting evidence. Such conflicts are resolved through a process of documentary evaluation, verification, and authentication. We have done that work with the National Archive documents and the BIA records. It doesn't rule out personal records that have not been reviewed or evaluated.

Anonymous said...

I'd like to give a shout out to all of you on this blog ..you say your stating facts but in the reality if those were facts shit would be different don't you think keep trying though .

Reinstatement_Restitution said...

I think you are trying to say that if these were really the facts that it would change the situation. Change doesn't happen from stating facts. The lies and deception that have been used by Robert Smith to usurp the power of the Pala General Council, pervert the tribe's law, control the Casino and its revenue, have been unchallenged by the majority of the Band's members. They seem to like it this way as long as they get their per capita checks.

The truth is that these are the facts. Do you see anyone coming on here with different information? All we get are clowns who say these are true statements. That is not an argument. Saying something isn't true doesn't make it false, just as much as saying something is true doesn't make it true. Claims of fact have to be substantiated. So look it up. I have seen the actual evidence. If you want to know where to find the evidence I will tell you how you can do that. If you have other information bring it on.

Otherwise your comments are full of hot air.

Anonymous said...

All of the documents posted on this blog are proof that the MB descendants should be enrolled.

Anonymous said...

@April 9th 6:33pm there are many facts posted and stated on here and the only reason reality in Pala does not support these facts because we have someone in power that does not rule or dictate Pala law or enrollment based on facts but his own personal thoughts and opinions. Think why is Pala the ONLY tribe that has its members using Margarita Brittain's blood degree enrolled at 1/2 cupeno when every other tribe including the BIA use MB blood for enrollment purposes at FULLBLOOD?? Can somebody who supports Pala EC answer me this question? Is Robert Smith correct and every other tribe and BIA wrong?? If I was from another tribe enrolled through ancestor Margarita Brittain my blood quantum would be higher than my cousin who is enrolled at Pala using the same blood degree from Margarita because 1 man says so because he knows he can get away with it because tribes are sovereign. If he is taken to court he does not win he just has his lawyer claim sovereignty and the case is dismissed. Until there is oversight of tribes doing this Robert will continue to get away with it. Make no mistake when Robert is out the Margarita Brittain descendants will be re-instated at the same blood degree everybody else in Indian country uses and the descendants that are still enrolled will have their blood degree raised backed up to where it should be including members from other families that have MB blood in their family line.

Anonymous said...

Why did Robert Smith and the EC go after the lower side first without notifying the upper side of the blood degree.
Why has the upper side never been notified of the change?
Is it because Robert and the EC are chickenshit and are not sure how the upper side would react.

Anonymous said...

The proof is in the pudding. Just stick your finger in and you will see that Domingo Moro was not allotted land at Pala. As a matter of fact, Salvador Nolasquez had an Indian Mining Claim that made him ineligible for allotment at Pala too. There is a letter from Salvador to the BIA begging for protection because Domingo was threatening to kick the sh@# out of him if he (salvador) took and allotment. Annie and Catherine were not eligible either because they were made citizens by the actions of Domingo. This is evident by the fact that they were the last to receive allotments at Pala because they were snuck in at the last minute by the BIA. One would have to consider their allotments as illegal and since they were illegal their descendants cannot benefit from this illegal activity. Also, Domingo's father was a Sonoma Indian and half Spanish. That doesn't spell Warner Ranch Indian to me. In the South they call that carpetbagging.

Anonymous said...

Is having an allotment at Pala the way families get enrolled in the tribe?

Anonymous said...

Is having an allotment at Pala the way families get enrolled in the tribe?

Anonymous said...

You guys on here so full of shit on here ur eyes are brown hahaha

Anonymous said...

@10:49, Time will tell who is right and who is wrong, and it is coming soon, be ready, your denial will be useless.

Reinstatement_Restitution said...

According to the Pala Constitution enrollment in the Pala Band of Mission Indians requires a minimum 1/16th Pala Blood Degree and lineal descent from one of the allottees on either the 1895 or 1913 Pala Allotment Roll. The Enrollment Committee has recently changed these requirements in the Pala Enrollment Ordinance saying that other documentation can be used to prove eligibility. In practice this has led to the use of the 1928 California Indian Judgment Roll application information. The way it works is if the 1928 application has a favorable blood degree quantum and you are a supporter of Robert Smith and the Pala EC then you can be enrolled even if the allotment rolls have an unfavorable blood degree for your ancestor.

Let's show an example. Margarita Britten is shown as full blood on the 1913 Pala Allotment Roll. On her 1928 application she is shown as half-blood. It doesn't matter that the application was filled out after her death by John Ortega who was trying to get everyone on the roll of the judgment claim so they could share in the settlement. The Pala EC chose to disregard the full blood record and determined she was half blood because there was no identification of her father. The BIA said her father was Pelegrino Ortega, also the father of Merced Nolasquez, but the Pala EC rejected that identification.

Roscinda Nolasquez shows as full blood on the 1913 Pala Allotment Roll, but her 1928 application shows her as 1/2 blood. The Pala EC chose to disregard the 1/2 blood record and said she is full blood. It doesn't matter that her father Salvador Nolasquez was a Citizen Indian and had severed tribal relations. It doesn't matter that her father was 1/2 Yaqui Indian, descended from Indians from Mexico who aren't American Indians according to the BIA regulations.

We assume the reason why the Pala EC decided not to correct Roscinda Nolasquez' blood degree is because her descendants support the Pala EC, and that Margarita Brittain's blood degree was lowered so the EC could disenroll King Freeman's children and the Trujillos they thought didn't support them.

Now separate the facts from the opinions. The part about the Allotment Rolls, the Pala Constitution, the Pala Enrollment Ordinance, and the 1928 CIJR applications is all fact. The part about the reason why the Pala EC makes inconsistent decisions is opinion.

The part about this stuff being shit is also an opinion. Unfortunately this poster has no facts to back up the opinion. That makes the opinion worthless.

Anonymous said...

Robert Smith, Theresa Nieto and Dion Perez should be banished from Pala for the shit that they have caused the Tribe to go through.
They make up shit as they go a long to benefit themselves.
They truly do not support The Customs and Traditions of the Pala Band of Mission Indians.
And to top that off, the Members are afraid to say anything that goes against what these evil doers want.
Even Murder seems to be ok with them.
And look what Smiths daughter is involved in, she should banished from Pala for her crimes.
Maybe we should take control of the Admin Building and see what is being hidden from our people.
It does belong to all of us.

Anonymous said...

I have to agree with 3:50 PM.
Maybe the complaint that has been filed with the Dept. of Justice last week will bring a new light on the Pala EC.

Anonymous said...

It looked sad to see Bernie moving out of her home the E.C.took away from her ,Howard Maxcy pushed it for her to lose her home.Maxcy still talking shit ,how much he hats the trujillos.It wasnt enough to take houses away Push to take them off the rolls,he wants war.Maxcy gave the home to kis family,what a punk.

Anonymous said...

That is messed up. Maxcy is asking for Karma, hmmm, wonder which of his family members is going to be affected first?

Anonymous said...

Well, Maxcy ain't a Cupeño descendant, his family claims their right as Pala, but in reality, they are Cahuilla, San Ysidro and Morongo. They can't even claim San Felipe! I SURE AS HELL HOPE THESE FAKE CUPENOS DON'T SHOW UP AT CUPA DAYS!

Alexander Barker lived at Warner Springs back in the day, but he was a registered voter (aka white man). His wife Valeriana and her children all admit that they're Indian family came from Cahuilla and San Ysidro. WAKEUP! THE LUGO'S ARE NOT CUPENO. They don't belong in Pala, they need to go home, THEY ARE NOTHIING BUT CHARLATANS WHO ONLY CARE ABOUT MONEY. But, Robert now knows this and he needs the Lugo descendants to make his plan work...the total and complete annihilation of the Cupeño people. All the evil work Dion and Teresa did against the Cupeño now makes sense. They opened an investigation into the Margarita Britten descendants, but instead, he should have opened an investigation into his own family. CAHUILLA + SAN YSIDRO + MORONGO DO NOT EQUAL CUPENO.

DION IS AND WILL ALWAYS BE A FAKE. THE REASON WHY HE VOTED TO REMOVE RIGHTFUL MEMBERS IS BECAUSE HE IS AN IGNORANT PLEASER WHO ONLY WANT TO SERVE HIS OWN SELFISH NEEDS AND HE IS NOTHING, NOTHING, BUT A HUMAN VAPID WASTE.

HOWARD MAXCY IS A CUT OFF HIS PANSY UNCLES CLOTHING. HE MAY ACT TO HURT RIGHTFUL CUPENO PEOPLE, HE IS A FAKE, NO MATTER HOW HARD HE TRIES, HE CAN'T CHANGE THE TRUTH.

TERESA NIETO, YOU ARE NOTHING BUT A WEAK MINDED WOMAN, WHO TELLS HERSELF LIE AFTER LIE TO CONVINCE HER THAT THE TRUTH IS A LIE. NEXT TIME YOU KNEEL BEFORE GOD, YOU BETTER REMEMBER THAT IN ORDER TO BE FORGIVEN, YOU HAVE TO BE SORROWFUL. YOU WILL NEVER MAKE THINGS RIGHT, BECAUSE I SEE THE EVIL IN YOUR HEART AND YOU LOVE MONEY MORE THAN BEING A GOOD DECENT PERSON. YOU HAVE COMMITTED HEINOUS ACTS AGAINST PEOPLE WHO HAVE MORE RIGHT TO THEIR PLACE AS CUPENO THAN YOU EVER WILL HAVE. YOU ARE A BLACK HEARTED, EVIL, SELFISH SOUL AND I MAY NEVER HAVE MY RIGHTS RESTORED, BUT AT LEAST, I'M MORE CUPENO THAN YOU OR ANY OF YOUR LUGO FAKE ASS WANNA BE CUPENOS WILL EVER BE.

Anonymous said...

What's up with H. Maxcey any way? I am guessing here but it seems that he is looking for a good ass kicking.
He wants to talk shit about other people but he can't back it up.
Even some members of his own family say that he is weak.
But I know one thing for sure. If he does not stop talking shit he is going to get his ass kicked real good and soon.
Voting to remove a True Tribal Elder with health problems from her home is as cold as you can get.
You will pay for this Howard.

Anonymous said...

It is a sad night, Pala's true ancestors are rolling in their graves and crying over what has become of their people with the greed, the hate, the crimes against their own, it sickens them. Sorry Ancestors, this is not our doing, this is Robert, his EC and his cronies, they have shamed the name of Pala. Curse them and their generations to come for destroying the once good name of Pala, which is now a good laugh to outsiders and a lump in the throat to insiders.

Anonymous said...

@ 9:50 PM

And don't forget Theresa Nieto also agreed with Howard to take the home away from Bernie Trujillo Duro.
She also needs her ass beaten up.

ESCO said...

Just send her name to the gang that's handling people in Pala and maybe they will take care of it.

Anonymous said...

Remember Smith has all the say so, he just has someone else on the EC motion and vote for the things he wants done. NOTHING gets done in Pala without Robs say so. And why was the meeting cancelled this month because Beano had her court date that day?? Isn't that what a vice chairman is for? Is Rob afraid what might happen or be voted on if he is not there. Is that 2 or 3 cancelled meetings this year out of 5?? So smith's daughters legal problems are more important than the tribal meetings?? I don't think any other tribe could get away with that or has as many cancelled meetings as Pala. He also cancelled the meeting after Beano was arrested cause he didn't want to have people bring up the issue and what the EC is gonna do about it. He only has meetings when he needs to evict or banish/punish someone. These are to make examples out of to show the rest of us he can do this to us too. Stay in line keep quiet or else is Roberts way with Pala. Sad thing is the people go along with it because they are afraid to lose their check and don't realize without Robert it would be more.

Concerned said...

You know that people are blaming outsiders for the murders in Pala.
Then why is it OK for Anthony Boles and his Old Lady to openly have their kids at the park when everyone is so concerned about the gang activity coming to Pala Reservation.
The CPS social worker seems to let them get away with them sitting in Anthony's truck or car when they visit.
What would happen if these so called gang members decide to take a shot at Anthony while visiting his kids.
One would think that the social worker would take that into consideration instead of walking around talking on her cell phone instead of paying attention to what's going on around the kids.
Not only is she putting Anthony's Kids at risk, but all the kids in the area as well, like at the Boy's Club or at the learning center or even at the store.
Something really needs to be done about this social worker.

Anonymous said...

Why doesn't the school say something to the CPS people?
Or does Mr.Smith run that also?
It would not surprise me one bit if People started removing there Kids from this school if nothing is done.
Aren't Schools supposed to protect the Children.
Why are they taking such a big chance that nothing will happen.
Does Mr. Smith know something that the rest of us don't?

Anonymous said...

When Mr. Boles visits with his Kids why aren't Pala security officers
at least posted near by and watching instead of hiding and sleeping under a shady tree some where off the Reservation.

Anonymous said...

FUCK YOU HOWARD MAXCEY, YOU ARE NOTHING BUT A BIG PUSSY.
AND YOU TOO THERESA NEITO YOU ARE NOTHING BUT A BIG DICK.
And no I got it right.

Anonymous said...

@ 9:11 PM
You are 100% right about taking chances with the other children's lives.
This issue needs to be addressed asap.
After all these are accused murderers, and until they are 100% cleared of such there should be more caution when they visit there Kids.