From Deseret News archives:

Uintas' Ute status debated

Descendants suing to have court restore their place within tribe

Published: Monday, Nov. 21, 2005 1:08 a.m. MST
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Chappabitty claims that 850 of the shares are owned by the Ute tribe, and that just under half the shareholders are non-Indian, something he claims goes against the intent of Congress.

Nelson says including original mixed-blood shareholders, their heirs and the Ute tribe, the corporation is an "over 50 percent Indian company."

She says she understands the frustration of those who sold their stocks early on, but said the the stocks included a warning not to sell them.

"People have a right to sell their shares," she said. "At the time when they first started to sell, there was no oil and gas revenue."

Copies of the shares provided by both plaintiffs and UDC stated that until Aug. 27, 1964, members of the Ute Indian Tribe had to be given "a prior and proper offer" before a sale to a non-Ute could be valid. It also warned that the stock should not be sold because its future value couldn't be determined.

Chappabitty said the shares were never meant to be sold, and said the earliest version included "a stamped black and white notice that any sale, transfer, etc. is null and void. . . .

"They very well knew they could come in and take advantage of poverty-stricken, uneducated . . . Indians," he said.

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Plaintiff Alvin Denver, 66, was terminated, and says he's not surprised the case has been pending for so long, even as the number of terminated Utes declines. He says only about one-fourth of the terminated Uintas are still alive.

"Our issue is what is called a back-burner issue, according to the government," he said. "They divided families by doing this . . . now you've got haves and have nots. You've got a lot of jealousy.

"We don't got long to go."


E-mail: dbulkeley@desnews.com

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