Re: TV Paleontology

[Larry Dunn <majestic_cheese@yahoo.com>]

--- "Roger A. Stephenson" <roger@dtgnet.com> wrote:
> Greetings all,

> Isn't it funny that the BHI/GR supposedly was in the
> wrong for contracting
> with the landowner for whatever was there, and that
> was supposedly illegal,
> but the landowner could later resell "Sue"? Does it
> make sense to anyone?
> I've yet to hear a reasonable explanation even from
> the deputy US attorney
> general that tried the case.

Well, under U.S. law, Indian land is held in trust.  

What does that mean?  

The Indian, being essentially a foolish creature, is
incapable of understanding how to manage his or her
own land, you see, and so needs the consent of his or
her *very* best friend from way back, the government
of the United States of America, before he or she can
"alienate" (sell or otherwise dispose of) the land.

The Indian in question never got the consent of The
Government before selling off the remains of the very
large coelurosaur in question, so the sale was
invalid.  In the eyes of the Federal Government, it
would be as if your kid "sold" your lawn mower to the
nextdoor neighbor for a box of cracker jacks, an
imprecise analogy but it does illustrate the attitude
of Scully and Mulder's ultimate employers.

The moral here for collectors of fossil remains is, in
future, be sure that the disposition of a fossil found
on Indian trust land has been approved by the Bald
Eagle before you assume the validity of the transfer.

Another related issue: get it in writing, even if it's
from some inbred buckwheat cracker instead of an
Indian.  Since a fossil has been judged to be "land"
(in a sense), and transfers of real estate are void
without a writing (Statute of Frauds), that handshake
is not even worth the Devil Dog remnants it left in
your palm.

NOT LEGAL ADVICE.  Consult an attorney.  What do I
know?

Hope y'alls realize I was being droll. 

===
Larry

"I've been ionized, but I'm okay now."

http://members.tripod.com/~megalania/index.html
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