Re-Post: February 24, 2012 BIA Recommends That Pala Reverse Its Disenrollment Decision

On February 24, 2012 the BIA recommended to Pala's Executive Committee that it reverse its disenrollment decision.

24 Feb 2012 BIA Recommends Reversing Pala Disenrollments

Attention True Agua Caliente Cupeno and Warner Ranch Evictees

Notice to all the True Agua Caliente Cupeno and Warner Ranch Evictees out there.  Robert Smith is trying to organize people at Pala to go to protest a hearing about Warner's Hot Springs development.

This is laughable since Robert Smith is Chairman of the Luisenos.  

Not only does Robert Smith claim to be the Chairman of the Luisenos but he also has a track record of harassing Agua Caliente Cupeno descendants.  He lead the charge on disenrolling 168 Agua Caliente Cupeno.  Later when Cupeno elders tried to hold a meeting they were punished and not allowed to ever vote or participate in meetings again.

Robert routinely orders Pala Security to harass Cupeno descendants.  Many family members who live off the reservation cannot visit their family members who live on the reservation without fear of reprisal.  Robert Smith takes action and fines Cupeno for just trying to visit their family and routinely threatens to take their per capita away.

Robert Smith destroys Cupeno land and refuses to pay what is rightfully owed.

Robert Smith has stolen the per cap of 168 Cupeno for the last 6 years.  Hundreds of millions of dollars stolen.  Robert Smith has altered the blood degrees of all the Cupeno trying to erase their memory.

Robert Smith now has the BIA changing Pala to Luiseno affiliation only.

Robert Smith and Theresa Nieto stole the Cupeno Children's Trust Funds.

Robert Smith and Leroy Miranda tried to play cute when they had opportunity to buy the Warner's Hot Springs Resort (Kupa).  Instead of just buying Kupa, the ancestral homeland of the Cupeno, he and Leroy tried to buy membership shares so they could drive the resort into bankruptcy which they did.  There they thought they would buy Kupa cheap but the judge refused to sell to them because of their actions.

It's a good thing the judge did that because Robert Smith hates the Cupenos.  This is because Robert Smith is from San Felipe while now claiming to be Luiseno.

This is a sick joke that Robert Smith is playing where he would dare to organize a group to "save Kupa" when he could have bought Warner's 4 times and each time he balked.  He routinely takes action to hurt Cupeno people with disenrollments, sanctions, fines, banishments, and evictions.

To all True Agua Caliente Cupeno and Warner Ranch Evictee Descedants please attend the meeting.  See the flyer below.  Do not let the Fake Cupeno Robert Smith continue to destroy our heritage!

And don't forget!  Robert Smith is the one who put that fence around the Cal Rossi Trust next to Kupa.  In the process he destroyed all sorts of Cupeno artifacts and violated the land.

Robert Smith is no friend of the Cupeno and should never be allowed to set foot at Kupa (aka Warner's Hot Springs/Agua Caliente) ever again let alone try to organize a protest?

What is Robert protesting?  There is nothing more that Robert Smith loves than seeing the destruction of Cupeno sacred sites.  Robert is probably secretly in favor of the developments and is just trying to shake the money tree of the owners.

HISTORY OF INDIANS IN THE PALA VALLEY

I was sent an article for consideration and asked if I would post it to the blog.  I decided I would.

The views, facts, and opinions expressed in the article below are strictly the views of  the [ANONYMOUS] author.  The views and opinions expressed in this article are those of the [ANONYMOUS]  author and do not necessarily reflect the views of Pala Watch.

HISTORY OF INDIANS IN THE PALA VALLEY

*** By Anonymous ***

     On January 5, 1852, the United States took over California from the Spaniards and the
Temecula Treaty was signed by Indians in Southern California creating a government to
government relationship.

     The Treaty was signed separately by Palino Coo-hac-ish (for Old Pala) and Jose Noca
Chan-gah-lang-ish (for Agua Caliente).

     On December 27, 1875, President Ulysses S. Grant created, by executive order, 320
acres, located on the south side of the San Luis Rey River, for a reservation for the Old Pala
Luiseno tribe. At the same time he also created 960 acres for a reservation in Warner Springs for
the Agua Caliente tribe. This would become their ancestral homeland. Both reservations were
intended for permanent use and occupancy.

PEOPLE FROM OLD PALA

     Between 1891 and 1895, Old Pala made/gave allotments to its 15 adult members. Their
children were never allotted land but were still considered members of Old Pala.

     Old Pala is referred to as the Luiseno Band of Mission Indians. The Luiseno Band is
NOT a tribe. This name only recognizes them as Indians in the San Luis Rey Mission District.
They may be a band from the Kumeyaay.

     Old Pala is a reservation that never had any form of government or a tribal committee.
Robert Ardilla would act as Captain or Spokesman.

     After the 1903 arrival of Agua Caliente (Cupa) to the Pala Valley, many problems arose
between them and Old Pala.

     Shortly after their (Agua Caliente) arrival there was a death within their tribe. Old Pala
would not allow Agua Caliente (Cupa) to bury the dead in the cemetery next to the Old Pala
Mission. This prompted the Agua Caliente (Cupa) tribe to create their own cemetery called the
Cupa Cemetery.

     Another problem arose when members from Old Pala would deliberately let their
livestock destroy the crops of the Agua Caliente (Cupa) tribe. There was also an irrigation
schedule which allowed a specified amount oftime and water to be given to each crop grower.
Members from Old Pala would open the water valves at any time. This would limit the water
given to next crop grower cutting their time/water short and created a domino effect down the
line.

     In 1934, a secretarial election was held in Pala Valley with the purpose of joining Old
Pala and Agua Caliente (Cupa). This was voted down by both sides, leaving each one
independent from the other.

     In a letter to the BIA, dated March 4, 1940, Marion Scott requested to become a member
of the Rincon Reservation. She was denied because of her membership to Old Pala.
Sometime in the late 1940's or early l 950's, she (Marion Scott) requested to be enrolled
in the Agua Caliente (Cupa) rolls. The Cupa members did not want to let her in. But, after the
third request she was voted in, along with her whole family which would include Robert Ardilla.

     This should have never taken place and it was wrong for the Chairman to allow it. There
was no way for Marion to show she was a direct descendant of Cupa (Agua Caliente) and
according to the Articles of Association (for Agua Caliente) this was a requirement to be enrolled.

     BIA records from March 7, 1940 show that Marion Scott is an enrolled from Old Pala.
Since members cannot be enrolled in two different places does this mean she and Robert Ardilla
must relinquish their allotments to the Agua Caliente (Cupa) tribe? And, if so, would Agua
Caliente (Cupa) then have complete control of their allotments?

PEOPLE FROM AGUA CALIENTE (CUPENO/CUPA)

     On January 5, 1852, Jose Noca Chan-gah-lang-ish signed the Temecula Treaty. This created a
government to government relationship between the Agua Caliente (Cupa) Tribe and the United States.

     On December 27, 1875, President Ulysses S. Grant created, by executive order, 960 acres for a
reservation for the Agua Caliente tribe to live on as their ancestral homeland.

     Long before their removal to Pala, the Agua Caliente (Cupa) people have existed since prehistory
as an historic tribe and are not Mission Indians. They occupied their traditional homeland at Warner
Springs since the time of their creation.

     Five years after President Grant set aside their reservation lands at Warner Springs, President
Rutherford B. Hayes revoked this. This land revocation lead to the removal from Warner's Ranch.

     There were many sites considered when deciding where to send the Agua Caliente (Cupa) tribe: Rancho Santa Margarita (Camp Pendleton), Panky Ranch and Pala. Because Pala had a mission and the Agua Caliente Tribe had a small chapel near Warner's, Pala Valley was chosen.

     Over 700 acres were purchased from ranchers in the Pala Valley for the removal and placement
of the Agua Caliente tribe.

     When the Agua Caliente (Cupa) tribe arrived in Pala in 1903 they were put in tents until the prefabricated homes would arrive. These homes came from New York, traveling around the Cape to San Diego and eventually make their way by wagon to Pala.

     Pala was set up like the village at Warner Springs. The head of each household was given an allotment for a home, 1.75-2 acres on the irrigation system, and 5-6 acres of land for dry farming.

     One question arises: Why did their (Agua Caliente) tribal name not come with them? They
became referred to as Pala Band, Pala Band of Mission Indians or Pala Band of Luiseno Indians.

     Why are we referred to as Pala Band of Mission Indians (PBMI)? If Robert Smith can make this
change, why not change it to Agua Caliente Indian Reservation like it was when they were moved from Warners? And furthermore, why is Robert being referred to as Chairman of the Luiseno Band of Mission Indians? He has no authority to be their spokesman.

     Remember, Agua Caliente was a recognized tribe, not a band. How do they lose their tribal name
simply from moving from one location to another? If it's that simple to rename the tribe PBMI it should be just as simple to give them their correct name back. Pala Band of Mission Indians is not a tribe.

     About two weeks after Agua Caliente's arrival, the people from Puerta la Cruz and San Felipe,
who had originally refused to leave the Warner Springs area, were moved to Pala by way of horse and
wagon owned by Remijio Lugo.

     Remijio Lugo was also put on the Cupa rolls. This would also be a mistake. He claims he was
born in Sulfer Springs, Cahuilla and is a member of Morongo. He would also not be able to show his
direct descent from Agua Caliente (Cupa), which is a requirement for enrollment with them.

     This brief history explains why we all hear that this family or that family do not belong on the
rolls.

     There are many members that serve the tribe that need to understand their history. It may upset a
lot of people but it is something that should be known.

The Cupeno Removal - Part 4

Part 4 on the Cupeno Removal by Jeff Smith at the San Diego Reader is out.

Here is a link to the article:

At a certain point, the Cupeño stopped looking back. 10 This land is mine: The Cupeño removal of 1903, part four of four by Jeff Smith

Here is an excerpt:

During the meal, Inspector Jenkins’s head count totaled 97. Manuella Sibimoat was missing. When a Union reporter asked why the old woman would flee, Isabella Owlinguish said that when she and Manuella were young, they were held prisoners at Pala. “It was a revolting story,” wrote the reporter, “like a tale out of the middle ages.”

After she spoke, Isabella “threw off her shawl and shouted ‘see!’ and showed great calloused marks on her thin shoulders. ‘These we had to keep fresh our memories of Pala mission! What we suffered there how many years ago I cannot say, fifty, sixty, maybe more. Bearfoot could not forget. She would not look again upon that place… Does the white man think it strange that we did not want to come?’”

Full Article:

At a certain point, the Cupeño stopped looking back. 10 This land is mine: The Cupeño removal of 1903, part four of four by Jeff Smith

The Cupeno Removal - Part 3

Part 3 of a 4 part series by Jeff Smith at the San Diego Reader is out.  It is titled:

Against the Inevitable - This land is mine: The Cupeño removal of 1903, part three of four

Here is an excerpt:

#
On April 19, Cecilio Blacktooth and three other tribesmen rode to San Bernardino to buy horses. “We will never give in,” he told the Los Angeles Herald, “but will perish gladly if the last sight we see is our Agua Caliente.

“Some will scatter to other tribes, but the old men and women would not leave and have begged to be taken above Warner’s Ranch in the mountains…to look down upon the graves of their ancestors.” Pala is “so barren,” he added, “not even rabbits will live there.”

Blacktooth didn’t mention that at least 15 Luiseño Indian families already did. They lived on allotments assigned by the government ten years prior. The relocation would force them to share a reservation with another tribe.
#

Read the full article at this link:

Against the Inevitable - This land is mine: The Cupeño removal of 1903, part three of four

From Where to From There

How many generations need to pass before someone can claim to be instead of from where but to from there?

I wonder about the 3rd generation Englishman living in Plymouth, Massachusetts in 1690 making the claim that he is "from there" while standing next to a member of the Wampanoag Nation.  Was he really from there or was he from England?

Picture the Pala Valley prior to European Contact.  Who livered there?  There were indigenous people living all along what is now called the San Luis Rey River.  These people are now referred to as the Luiseño.  But that's not what they called themselves until the Spanish came.

The Spanish put all the Indians living along what they called the San Luis Rey River and into the Temecula Valley under the jurisdiction of the San Luis Rey Mission.  They called them Luiseño.  But that's not what they called themselves.

Today the Luiseño Nation is spread among several bands throughout Southern California.  There are 6 Federally Recognized Bands:  The La Jolla Band of Luiseño Indians, The Pala Band of Luiseño Indians, The Pauma Band of Luiseño Indians, The Pechanga Band of Luiseño Indians, The Rincon Band of Luiseño Indians, and The Soboba Band of Luiseño Indians.

The territories we refer to today as California, Texas, Arizona, and New Mexico were under Spanish control until Mexican Independence in 1820.  After which the territories came under Mexican Rule.  The United States fought a war against Mexico and acquired the territories under the Treaty of Guadalupe Hidalgo signed in 1848.

The United States all of a sudden found themselves having to administer to all the various tribes in California.  In Northern California this was not so bad for the U.S. Government as many of the tribes were simply slaughtered.  The people living there at the time did not need pesky Indians standing between them and their gold.  Southern California was a bit more complicated.

In Southern California many of the various tribes played an integral part of the economy.  They often worked as farm hands and helped raise cattle.  The owners of the large Ranchos around California often employed the Natives in one fashion or another and relied heavily on their labor.  No doubt they were overworked and underpaid which lead to them being integral to the economy.

In 1851 the U.S. Government signed treaties with the various tribes in Southern California.  In 1875 a reservation was established at Pala for the Luiseño living there.  About 40 miles east of Pala the Cupeno were living at their village of Kupa also known as Warner's Hot Springs aka Agua Caliente in Rancho Valle de San Jose (Warner's Ranch).  The Cupeno should have obtained title to their land under the Treaty of Guadalupe Hidalgo but the U.S. Government never informed them they only had one year to make this claim.

Instead The Cupeno had to fight for their inherent right to live on their ancestral homeland.  Juan Jose Warner was given title to the land in 1844.  After the Mexican American War Juan Jose had to refile his claim to the land as all land owners had to do at the time.  Eventually former California Governor Downey ended up with title to the land and started eviction procedures against the Cupeno in 1892.  Downey died and the new owners continued on with the eviction procedures.

The case went all the way to the Supreme Court where it was ordered that the Cupeno be removed from Warner's Hot Springs.  Suitable land was to be bought for the Cupeno to live on.  But the Cupeno at the time felt no land could compare to their home.  The original plan was to force the Cupeno on to land purchased at Monserrate Ranch near Fallbrook.  The Sequoya League told Congress there was no water at Monserrate.  So the search began for more suitable land.

Eventually the U.S. Government settled on land adjacent to the existing Pala Luiseño Reservation.  In 1903 the forced removal of the indigenous populations living at and around Warner's Hot Springs began.  There were several Indian villages in the Rancho Valle de San Jose besides the Cupeno.  These other villages were Luiseño at Puerta la Cruz and Puerta Chiquita, and the Iipai (Digueno) villages of Mataguay, San José, and San Felipe.  The Cupeno resided at their main village at Kupa.

In May of 1903 the Cupeno were forced off their ancestral land and on to land at Pala along with the other villages except San Felipe.  In September of 1903 the San Felipe who had their own separate court case to retain title to their land, lost their battle, and were also forced on to Pala.  At the same time other Mission Indians showed up, namely Cahuilla, as the land at Pala was also purchased for landless or homeless Indians.

So who lives at Pala?  A mix of various tribes including the Cupeno, Luiseño, Iipai, Cahuilla, and Yaqui.  Who is from there?  Old Pala Luiseño are from there.  Everyone else was forced there.  How many generations need to pass before everyone else becomes from there?  Some people apparently think they are more from there than others even though none of them are really from there to begin with.  How do we get to from where to from there?

5 Points

5 Points Enrollment Committee

The Fence

It's still there...

Monday, August 04, 2014 - KUSI's Michael Turko opened a file on this case last November when back country residents were blindsided by a huge fence. Turko says the fence surrounds a big tract of land that's supposed to be public open space but has been taken over by a local Native American tribe [Pala].  

KUSI.com - KUSI News - San Diego CA - News, Weather, PPR



If the video doesn't load you can watch it here Monday, August 04, 2014 - KUSI's Michael Turko


***WARNING*** 

Chairman Robert Smith, Chairman of the Pala Band of Mission Indians, Pala Band of Luiseno Indians, Pala Band of Luiseno Mission Indians of the Pala Reservation, is monitoring your comments.  He is going to track your IP address and "take action" against any tribal member posting comments he does not like.

Margarita Brittain

1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian
1967 Jan 12 Letter to Pauline Pink Accompanying the 1913 Pala Allotment Roll
1913 Pala Enrollment Approved by Secretary of the Interior
1911 Margarita Britten Selection for Allotment (Brittain)
Robert Smith Acknowledges that the Daughter of Margarita Brittain is 1/2 Degree Indian Blood
September 11, 1989 Department of the Interior Lettter to Pala Chairperson Patricia Nelson On Margarita Brit...
Pala Enrollment Committee - 5 points to be considered for enrollment

Two Indian Workers Attract Attention RIverside County Fair 1916 October 10th to 14th

The Good Old Days

Some commenters have lamented they wish Pala could go back to the good old days. They say the casino has brought nothing but trouble and caused all this fighting.  There is probably some truth to that but I think we have to be honest with ourselves about just how good those good old days were.

I remember in the early 1990's people would fight over a $300/year or $500/year per capita check.  Some would try to make it to where you had to live on the reservation in order to receive a per capita check.

I remember constantly hearing those that live off the reservation being put down as less Indian and asked why they wouldn't come back to live on the reservation.  Then after the casino was build some did come back to live on the reservation only to be told they don't belong.

But we can go much farther back than that.  Tensions existed between Old Pala and those removed from Warner's.  There was a time when it was thought there were two reservations at Pala - One for the Kupa and one for Old Pala.  This still exists to this day where you can read articles where it refers to Robert as Chairman of the Pala Band of Luiseno Indians and others where he is referred to as the Chairman of the Pala Band of Mission Indians.

The Federally Recognized name of Pala is Pala Band of Luiseno Mission Indians of the Pala Reservation.

We can see some of those tensions described in this letter from the BIA.

7 Feb 1951 Pala H.W Gilmore Letter BIA District Agent to Area Director Mr. James B .Ring

Even before the removal the Kupa were embattled in years of legal proceedings trying to keep their land.

How far do we need to go back before we get to the good old days?  When the Spanish arrived and just declared they owned the land but let the Kupa live on it?  When land ownership of Warner's was transferred and somehow the Kupa were allowed to remain but had to work as serfs?

Should we go all the way back to pre-European contact?  Ok, let's go all the way back to the story of Kisily Pewish where all the Kupa except for him were massacred.  Good old days?

Did the good old days ever exist?  I am sure there were moments of time - stretches of a few years here and there - where things were pleasant.  For the rest of the time Warners's and Pala have been in turmoil for hundreds of years.  If it wasn't being conquered by the Spanish then it was being turned over to U.S. authorities after the Mexican American War.  It was having land taken and traditional culture squelched.

It was being made against the law to speak your language and forcing their children to speak English. It was being forced to give up their traditional religious practices in exchange for Catholicism.  It was many things from the exploitation of cheap labor and the outright theft of land along with its natural resources.

Were there ever good times?  I am sure there were times that had their moments of good.

As for the good old days which ones do we go back to?

Warner's Hot Springs Renovations Slowly Progress

Pacific Hospitality Group bought Warner's Ranch and Hot Springs (Kupa) last year.  They found the property in worse shape than they anticipated.  The renovations are going slow and going to cost over $50 million dollars.  But they hope to have the golf course open by summer.  No mention of the Kupa in the article.  I guess our homeland is lost forever this time.

UT San Diego - Warner Springs golf course to reopen

By J. Harry Jones4:25 P.M.MARCH 18, 2014

WARNER SPRINGS — Although renovations at the historic Warner Springs Ranch resort are progressing slower than hoped since the property emerged from bankruptcy last year, the resort’s golf course and clubhouse are scheduled to reopen under new ownership this summer.

Go Here to read more UT San Diego - Warner Springs golf course to reopen

Warner Springs Ranch Bankruptcy Sale

It appears Warner's Ranch will be sold off - click links to read the articles

CBRE Appointed Exclusive Agent For Sale Of Warner Springs Ranch

San Diego – October 23, 2012 – CBRE’s Golf & Resort Group has been authorized by the U.S. Bankruptcy Court to professionally market Warner Springs Ranch for sale on behalf of the debtor, Warner Springs Ranchowners Association, in accordance with a Section 363 Bankruptcy Sale, including the use of a Stalking Horse Buyer and provision for overbids.

More Here 

SHUTTERED RESORT TANGLED IN LAWSUITS, HARD FEELINGS Sale of Warner Springs Ranch fell through, leading to Chapter 11 bankruptcy 

Tale of Two Pala Reservations - Trouble In Paradise

As humans we have a habit of romanticizing the past. This is common in nearly all human cultures. The truth is life is not always good for humans. Since the dawn of our history we have been fighting each other and killing each other.

Often the life of indigenous peoples not just in American but all over the world is also romanticized. Indians are sometimes thought of as "ignorant savages" living in harmony with the land and nature. But we know indigenous people also fought each other, killed each other, and engaged in warfare albeit not on the scale of the Europeans.

We also know indigenous people suffered like everyone else from disease, climate changes, food shortages, and fatal injuries. Death is universal and all cultures have had to develop ways to deal with death.

For Pala there might be a tendency to think of the "Old Ways" and the old times as being better. Some may even think life at Kupa prior to the removal was wonderful and idyllic - some sort of paradise lost. It wasn't. There were hard times just like there are for all people. The Kupa were harassed and did some of their own harassing.

Ultimately the Kupa were forced onto Pala where Luiseno Indians were already inhabiting. There was already a reservation established before the Kupa arrived. Some may think that the modern strife Pala is experiencing is some new development due to the casino and in the past things were somehow better and everyone got along.

This isn't really the case. From the time of the removal going forward squabbles have broken out between various groups and families. Early on it typically had to do with allotments. The Kupa were entitled to allotments since they were to receive land in lieu of the land they lost at Kupa (Warner's Hot Springs). The Old Pala (Luiseno) also thought they should receive allotments.

This tension existed and persisted well into the 1950's.

This 1951 letter from BIA District Agent H.W. Gilmore to BIA Area Director James B. Ring describes some of this friction:

7 Feb 1951 Pala H.W Gilmore Letter BIA District Agent to Area Director Mr. James B .Ring



This 1957 letter from the BIA Sacramento Area Office addresses whether there are two Pala Indian Reservations or not:
1 Jul 1957 060 - Pala 1957 Letter from the Sacramento Area BIA Office Regarding Two Pala Reservations

One may think "well that was then and this is now" with regard to Two Reservations only even as recently as last year Pala is referred to as the Pala Band of Luiseno Indians.

The following are the minutes from the June 20th, 2011 Fallbrook Community Planning Group where Robert Smith is listed as the Chairman of the Pala Band of Luiseno Indians on page 2:
20 June 2011 Fallbrook Community Planning Group Minutes

Also, on an EPA webpage dated April 2012 Pala is referred to as the Pala Band of Luiseno Mission Indians of the Pala Reservation.



The following letter from BIA Area Director James B. Ring describes Mrs. Juliana Calac's opposition to BIA supervision of the tribe:
7 Mar 1952 Pala Letter from Area Director James B. Ring




This November 8th, 1957 letter from BIA Field Representative Orlando Garcia goes over some of the disagreements over land assignments:
8 Nov 1957 Pala Letter from BIA Field Representative Orlando Garcia

As one can see tensions and squabbles have been a part of Pala's history for well over 100 years.  The mass disenrollments that recently occured at Pala are a new thing but tensions between those removed from Warner's and those that live at Old Pala have existed and persisted since 1903.

And the question as to whether there are two Pala Indian reservations or not?  That question still seems to persist today.  Are we the Pala Band of Mission Indians, The Pala Band of Luiseno Indians, the Pala Band of Luiseno Mission Indians of the Pala Reservation, or maybe all three?

I can remember before the casino days people would fight over a once per year $300 per capita payment from Pala's Sand and Gravel operations.  That was big money in those days.