Diné $600M coal case goes to high court
Larry Di Giovanni
Staff Writer
WINDOW ROCK The fate of $600 million in potential damages
that the tribe wants for what it considers lost coal royalty
revenue is in the hands of an Albuquerque attorney who also represents
the Navajos on other important matters.
Paul E. Frye, of the law firm Rothstein, Donatelli, Hughes, Dahlstrom,
Schoenburg and Frye, is under contract with the Navajo Nation
Oil and Gas Co. and the tribal farm near Farmington, the Navajo
Agricultural Products Industry (NAPI). He submitted a 30-page
brief May 3 to the U.S. Supreme Court, which opposed a petition
by U.S. Solicitor General Ted Olson asking the nation's highest
court to hear the breach of trust case.
On Monday, the Supreme Court granted the U.S. government's request
for a writ of certiorari, which means that records from the lower
courts will be delivered to the Supreme Court. The nation's highest
court will now do what the Navajo Nation did not want to see
happen: hold oral arguments on the case, probably in November.
The Navajo Nation impressed one federal court with its case and
won on its case merits with the other last August, the Court
of Federal Claims and Federal Circuit Court of Appeals, respectively.
However, the tribe also won at every lower court level before
losing a 9-0 decision last year before the highest court on a
tribal hotel occupancy tax issue, known as the Atkinson Trading
Co. Case.
In that precedent-setting matter that Navajo tribal leaders have
voiced as the continued erosion of tribal sovereignty, the U.S.
Supreme Court ruled that the Navajo Nation cannot apply its 8
percent hotel tax to non-Navajo business owners residing on privately
owned land within the exterior boundaries of the reservation.
The case involved a maximum of a few hundred thousand dollars
yearly that was on the line for the tribe, since the only hotels
owned by non-Navajos on the reservation that had been paying
the tax were Goulding's at Monument Valley and Atkinson's Cameron
Trading Post hotel.
This time, $600 million is at stake in a case that has far-reaching
ramifications for all tribes as regards how much fiduciary responsibility
the federal government has to protect the business interests
of tribes for which it is supposed to act as trustee.
The case is No. 01-1375 on the high court's docket, United States
v. Navajo Nation.
"The Bush administration filed the appeal in fears that a payout to the
Navajo Nation would not only be expensive, it would set a precedent for other
tribal communities with similar trust issues," said Executive Director Michelle
Brown-Yazzie of the Navajo Nation Washington Office, Washindoon Baahane. "The
outcome of this appeal could have far-reaching ramifications for the rest of
Indian Country."
In accepting the writ of certiorari, the Supreme Court Monday
also agreed with the U.S. Solicitor General to do something else
the Navajo Nation did not want to see happen: combine its breach
of trust case on coal royalties with another case it will hear
jointly, United States v. White Mountain Apache Tribe, case No.
01-1067.
The White Mountain case involves that tribe's $14 million suit
against the federal government for allegedly not fulfilling its
trust obligation by rehabilitating the Fort Apache military post
that was transferred to the tribe starting with a congressional
act in 1960.
The Navajo Nation believes its case is much stronger than the
White Mountain Apache case. However, just like the Navajos, the
White Mountain tribe won its case last year before the Federal
Circuit Court of Appeals.
"The Court of Appeals noted there that the Apache had not proved a breach
of any federal duty ... and it 'expressed no view as to the existence or nature'
of any federal duty," Frye wrote in his May 3 brief of opposition to the
writ.
The Navajo Nation believes that it has a clear breach of trust
violation perpetrated by the Interior Department. Its case dates
back to the mid 1980s during the Reagan administration, and involved
an alleged conspiracy to side with a Peabody Coal Co.
lobbyist on the part of then-Interior Secretary Donald Hodel.
In 1985, then-Bureau of Indian Affairs Commissioner John Fritz
had made a decision to grant the Navajos a 20 percent rate for
their coal royalties, based on studies produced by the Bureau
of Minerals and BIA's own experts, Frye wrote.
"All federal studies determined that the 20 percent rate was proper," Frye
said Fritz had determined.
The Navajos were able to show through the discovery and deposition
processes that the Interior Department "leaked the pending
decision to Peabody, but not the Navajo," Frye wrote. "Peabody
immediately hired Stanley Hulett, a 'close personal friend' of
Secretary Hodel, to seek ex parte the suppression of the decision."
The Navajo Nation showed the lower federal courts that Hodel"signed
a memorandum prepared by Peabody ... instructing Mr. Fritz not
to issue the appeal decision affirming the 20 percent rate."
Hodel and Fritz each met at least twice with Hulett, concealing
the meetings from Navajos, according to tribal evidence.
"Because of the (Interior) Department's dishonesty,'the Navajo Nation, arguably
already at a competitive disadvantage, could not truly be said to have negotiated
from a position of equality with Peabody,'" tribal lawyers asserted.
The Navajo Nation continued to reject Peabody' standing offer
to accept the minimum coal royalty rate 12.5 percent allowed
by the federal government, then finally agreed to that rate due
to "severe economic pressures" in 1987. Tribal lawyers
showed that the tribe was losing thousands of dollars each day
the longer its royalty rate remained unadjusted from previous
years, when it was just 37.5 cents per ton.
Peabody, however, has noted that the Navajo Nation approved the
same 12.5 percent royalty rate again in 1998.
"Let there be no mistake," Frye wrote. "Notwithstanding the formal
outcome (before the federal appeals court) of this decision, we said that the
(Interior) Secretary has indeed breached these basic duties (of loyalty, care
and candor). There is no plausible defense for a fiduciary to meet secretly with
parties having interests adverse to those of the trust beneficiary, adopt the
third parties' desired course of action in lieu of action favorable to the beneficiary,
and then mislead the beneficiary concerning these events."
Peabody is not a party to the U.S. v. Navajo Nation case. However,
the company's position is that the appeals court erred, and that
the tribe was paid fair market value for its coal.
The Federal Circuit Court of Appeals ruled in the favor of Navajos
last August on a split 2-1 decision. Judge Alvin A. Schall filed
the dissenting opinion, saying the Navajos had failed to prove
the government violated a specific trust obligation.
Frye said the federal government's self-evident breach of trust
ranges from deliberately minimizing tribal revenues "from
the Navajos' most valuable, nonrenewable resource" to deliberately
undermining Navajo interests and its fiduciary responsibility
to a tribe. The feds acted in collusion with the adversary of
a trust beneficiary as it "knowingly exercised its complete
control over royalty adjustments under the lease," Frye
argues.
| Top |
Kayenta head refutes whistleblower
claims
Larry Di Giovanni
Staff Writer
KAYENTA, Ariz. Kayenta Township Manager Gary Nelson and prominent
town businessman Richard Mike, refuting accusations from a "disgruntled" whistleblower,
said a proposed township sales tax increase is not related to covering
costs of a developer/investor hired by Nelson.
"That's misinformation you're getting," Nelson said this week of the
alleged sales tax-developer fees connection.
The whistleblower, who asked to maintain confidentiality, is a former
township employee fired by Nelson in May. The employee alleges that
a developer called Vendelov has former ties to Nelson from the Phoenix
area and is being paid $381,000 over 20 months for a "shuck
'n jive" arrangement. The contract with Vendelov has thus far
not resulted in any new businesses pledging to locate into Kayenta,
the fired employee said.
Nelson said he does not have former ties to Vendelov. When he worked
for an industrial park owned by the Gila River Indian Community near
Phoenix, Nelson said he established a working relationship with several
real estate companies. One of them, Cuellar, recommended that Nelson
contract with Vendelov as an investor/developer. The township is
also hearing proposals from Cuellar that include a casino concept.
Vendelov will be bringing new businesses into Kayenta, Nelson said.
The company is working on a $5.5 to $6 million
multilevel office complex, construction of which may begin as early
as July. The company has promised "75 percent occupancy," and
if not delivered, the township can opt out of the agreement, Nelson
said. The contract provides that Vendelov gets a percentage of the
construction costs. Some of the occupants will be Navajo tribal entities.
Mike said he had some concerns about the construction percentage
paid Vendelov being too high, 6 percent. If that's the going rate,
then there is no problem, he said.
The township has found a lender to fund the borrowed amount for the
office building, Arizona Business Bank, Nelson said.
Renter leases will be used to pay the debt service. Kayenta has a
50,000-person regional market to draw from, so leasing out all of
the spaces should happen, he added.
Vendelov is also under contract to develop up to a 100,000 square
foot shopping center, Nelson said. That project is a little further
away than the office building. The community wants new businesses
offering more choices such as for clothing, auto parts and auto mechanics,
restaurants and retail outlets. Many community members have voiced
that they favor a Wal-Mart store coming to town.
"There's nothing shady at all," Mike said of the contract with Vendelov. "It's
a clear negotiated agreement."
The Kayenta Township Commission is going through the public hearing
process, with another two hearings anticipated, regarding a proposal
to double the township's sales tax from 2.5 to 5 percent. However,
both Nelson and Mike said the proposal has nothing to do with developer
fees. It concerns asking town businesses and community members whether
they want to increase the pace of funding projects such as
parks, paved roads, street lights and improved police protection that
will improve the quality of life for Kayenta residents, they said.
Mike said without the sales tax increase, the township may "have
to wait 15 years" to get where it needs to be. Regarding Nelson,
who is being paid a salary of $75,000 yearly, Mike said "I'm
satisfied with the job Gary is doing."
Mike was initially in favor of the sales tax increase. He has eased
off from that position somewhat, saying, "It's really up to
the taxpayers."
Nelson said the multilevel office complex will be a welcome addition
signaling a new level of township success, which Mike can envision
one day as having high-rises.
"As the township develops, we want to eliminate the use of trailers," Nelson
said.
| Top |
Sad case of cops who couldn't 'shoot
the bull'
Douglas Tesner
Staff Photographer
GALLUP Metro Dispatch put out the horrifying call over the
radio frequencies at 2 p.m. Wednesday:
"There is a bull, a very huge bull in front of the Ranch Kitchen and he
is eating the plants and flowers."
Metro Animal Control and Gallup City Police immediately responded
to the scene. There he was, a bull, a very huge bull, eating the
flowers and plants at the Ranch Kitchen.
"Cowboy" Chris Chilly, Lt. Ron Silversmith and officer Pat Gallegos
of the Gallup Police Department tried to corral the bull with their police cars
while Romie Calderon, Howard Martinez and Edward Becenti of Metro Animal Countrol,
tried to rope the bull. The large bovine paid little or no attention to the patrol
cars as he went his merry way looking for more flowers and
grass to eat.
Finally, Calderon, Chilly and Silversmith cornered the bull and roped
him.
They read him his Miranda rights and tried to question the bull,
but he would not make any statements until he could talk to his attorney.
The officers had enough of the bull and pushed and pulled the large
animal into his waiting cell. The judge will set bail later.
Officers reported that the young bull looked like a 4H bull. They
ask anyone missing a large bull to contact Animal Control at 863-1309...
| Top |
"Wowie" puts unfair competition
issue before City Hall
Bill Donovan
Staff Writer
GALLUP All "Wowie" wants is a level playing field
and he went to City Hall this week to get it.
Dennis Rosales Jr., who is known better by area residents as Wowie,
spoke to members of the Gallup City Council Tuesday to complain about
the unfair competition from the city-run Fitness Center.
Rosales said that the fitness center that he operates downtown can't
compete with the one the city owns because it is subsidized by the
taxpayers and therefore can charge less than he can.
"I want to stay in business," said Rosales who added that the competition
from the Gallup Fitness Center has sharply cut into his business.
"We still have the people who have been members of our center but we're
not getting the new members," he said. Instead,
prospective new members are joining the city's center because of
lower prices.
Rosales was getting between five and 10 new members every quarter
but that stopped when people realized they could get the same services
at almost half the price. Rosales pointed out that the city is now
conducting a campaign to get more members, sending letters to teachers
and policeman offering reduced rates to get them to join.
A membership in the Downtown Gym costs $50 for a single and $100
for a couple. The same memberships in the Gallup facility costs $35
and $50. The city also operates a weight room with some treadmills
at the Old Armory building at no cost to the patrons.
Henry Howe, a local attorney and a member of Rosales' gym, said that
he could see the city providing the equipment at the Old Armory for
people who could not afford to purchase a monthly membership but
to operate a business in competition with something that is provided
by a private business in town was unfair.
He stressed that there is no lawsuit being considered by Rosales
against the city but what Rosales wanted is for the city to consider
the situation and make whatever changes were necessary to get out
of the competition.
Rosales said he had no problem with the city using the fitness center
to provide for basketball, racquetball and aerobics
because private enterprise would not be able to provide these services
and make a profit.
But the weights at the center were a different matter because that
is the main focus of his business, Rosales said, and as long as the
city subsidized the operation of the weight room, his business would
suffer.
Howe pointed out that all of the council delegates owned their own
businesses. How would they feel, he said, if the city set up businesses
in competition with them and charged patrons less, using taxpayer's
money to subsidize the operation?
City Manager David Ruiz pointed out that the city didn't establish
the fitness center to go into competition with anyone. The center
was a gift from the late Clare Gurley along with several acres of
land around the facility.
The city has been operating the facility for more than a year now
and has had to subsidize it since it is not bringing in enough revenue
to make a profit. But city officials have looked on this as a quality
of life issue, in much the same way as it provides funding for area
parks, the golf course and the public library.
Ruiz also pointed out that other cities, such as Santa Fe, also have
their own fitness centers.
But the council members indicated that Rosales may have a valid argument..
Councilor Charlie Chavez recommended that a study be done of the
current members of the club to see how many had joined because of
the weight training being offered by the city.
Louis Bonaguidi agreed, saying the city needed to look at the situation
to see if there was a way "to get rid of the source of the competition."
It's possible, he said, that eliminating the weights may cost the
city center some members but this may be offset by providing another
service in that area or by adding another racquetball court.
"It's evident that we should do a little analysis of the situation," said
Mayor John Pena, but he added that even if the city does eliminate weights at
the fitness center, how could the city be assured "that this would enhance
your business?"
"We would feel better about it if you did remove the weights," said
Rosales."I'll be able to advertise my weights more."
That's how the meeting ended with no firm commitment by the council
to do anything other than to look into the situation and do a study
with the idea that it would be brought back to the council for discussion
at some later date.
| Top |
Area Sports
Charles Ward
Sports Editor
GALLUP Football will make an early return to Gallup Public
Schools Stadium Saturday, but in a smaller form.
The State Flag Football Championships kick off at 10 a.m. at GPSS,
with five-person teams looking for supremacy in both a fifth and
sixth grade division, and a seventh grade group.
The event is sponsored by the New Mexico Police Athletic League,
and comes to Gallup for the first time after two years at University
Stadium in Albuquerque.
"Gallup bid on the tournament and won hands down, because of the facilities," Bill
Dasch, director of the state PAL said.
Four Gallup squads will defend their home turf against a nearby Tohatchi
team, along with opponents from Bloomfield,
Albuquerque, Las Cruces and Albuquerque. The PAL is still trying
to recruit teams, leaving the tournament format open to either round-robin
or double-elimination play. The field at GPSS will be divided into
four fields, 50 yards long by 30 yards wide. Action will flow from
sideline to sideline, instead of from goal to goal.
"It's kind of like Arena Football," Dasch said. "There's a smaller
field, everybody is eligible, and there are four games going at once."
There are other rules differences along with the shrunken teams and
fields. Laterals are not allowed, and teams cannot earn first downs.
Instead, a team must march the entire 50 yards in six downs. Games
are divided into two, 20-minutes halves with a continuous clock.
Eventually, the state PAL would like to see the event grow on a regional
and national level to a point where interstate play is possible.
For now, though, Saturday's tournament is the terminal level for
the event. The Gallup Fire Department will sponsor a barbecue for
all participants following the event.
| Top |
Three walk out of crucial vote on filing dates
Jim Maniaci
Diné Bureau
SHIPROCK An impasse among the Navajo Nation's Board of Election
Supervisors about briefly extending or not extending filing
periods for council candidates may be resolved tonight at a special
meeting in the Chapter House here.
After three hours of discussion Wednesday night at the Navajo Nation
Inn conference room in Window Rock, three supervisors walked out
during a vote, thus causing Board Chairman Jackie Burbank (Chinle
Agency) to lose a quorum and forcing him to adjourn the meeting.
Afterward he conferred with the trio Vice Chairwoman LeNora
Johnson and Bessie Simpson (both Fort Defiance Agency) and Fran
George (Eastern) about how soon the board could meet again...
| Top |
Man loses arm in crash
Jim Maniaci
Diné Bureau
PUEBLO PINTADO A 22-year-old local man's car cut most of
his left arm off in a rollover early Sunday morning near the local
chapter house, but efforts were made to reattach it.
Jeremy Thomas, who lives more than two miles west of the chapter
house, missed a turn on BIA Route 9 about 100 yards east of the
chapter house, around 3 a.m., according to the Crownpoint Law Enforcement
District report.
The report said he was drunk, not using his seat belt and was ejected
when he missed a turn and ran off the road...
| Top |
Shooting range going up on landfill
Andrea Egger
Staff Writer
GALLUP McKinley County residents who have been hired by
an Albuquerque construction training company are working on building
a new shooting range for law enforcement at an old city landfill.
McKinley County Sheriff's Lt. Timothy Cron said Wednesday that
Sheriff Frank Gonzales got the idea to combine forces with Employment
Training Services Inc. after receiving permission from Mayor
John Pena, as the property in question the city leased from the
Bureau of Land Management. The range will be far off a dirt road
off Hasler Valley Road past the old Armory but before the Juvenile
Detention Center...
| Top |
7 miles of Rio Grande dries up
ALBUQUERQUE (AP) A section of the Rio Grande went
dry this week, killing about two dozen endangered silvery
minnows and prompting biologists to try to rescue about 100
more of the tiny fish.
Federal water managers and wildlife officials said Wednesday
that hot weather was largely responsible for drying 7 miles
of the river through the Bosque del Apache National Wildlife
Refuge south of Socorro.
As temperatures increased late last week, more water was
needed to keep the river flowing, said Jim Wilber, a biologist
with the U.S. Bureau of Reclamation...
Deaths
Benjamin Charley
COUSINS Services for Benjamin Charley, 15, will be held
at 10 a.m., Friday, June 7 at Rollie Mortuary Palm Chapel. Pastor
Herbert Francisco will officiate. Burial will follow at the private
family cemetery, Cousins.
Charley died June 2 in Gallup. He was born June 4, 1986 in Zuni
into the Towering House People Clan for the Water Edge People Clan.
Charley attended David Skeets Elementary School, where he played
basketball, Gallup Mid School and Santa Fe Indian School, Santa
Fe. His hobbies included basketball and horseback riding.
Survivors include his parents, Linda Skeet of Cousins and Ben Charley
of Vanderwagen stepfather Marc Etsitty of Cousins;
brothers, Edmund Charley, Redmond Etsitty both of Cousins, Lathan
Charley and Brain Charley both of Pinehill; sisters,
Belinda Charley and Mildred Charley both of Cousins and grandmothers,
Ruth Charley of Vanderwagen and Mary Skeet of
Cousins.
Charley was preceded in death by his grandfathers, Teddy Skeet
and Tony Charley.
Pallbearers will be Daniel Begay, Keith Charley, Marc R. Etsitty,
Charles Pat, Cornell Pat and Johnny Charley.
Rollie Mortuary is in charge of arrangements.
Elsie Skeet
ALBUQUERQUE Services for Elsie Skeet, 38, will be held at
10 a.m., Friday, June 7 at Rollie Mortuary Palm Chapel. Pastor
Herbert Francisco will officiate. Burial will follow at a private
family cemetery, Cousins.
Skeet died June 2 in Gallup. He was born Feb. 7, 1964 in Cousins
into the Towering House People Clan for the Sleeping Rock People
Clan.
Skeet was employed with the United States Department of Interior,
Office of Hearings and Appeals, Albuquerque. She attended Gallup
High School and school in Albuquerque.
Survivors include her son, Steven Johnson of Albuquerque; daughters,
Maryanne Johnson and Michelle Johnson both of Albuquerque; mother,
Mary Skeet of Cousins; brothers, Eddie Skeet of Cousins, Joe T.
Skeet of Tijeras and Nixon Skeet of
Albuquerque; sister, Linda Skeet of Cousins.
Skeet was preceded in death by her father, Teddy Skeet; sister,
Betty Skeet and brother, Dixon Skeet.
Pallbearers will be Bobby Ben, Justin George, Douglas Morgan, Kenny
Morgan, Nixon Skeet and Harry Yazzie.
Rollie Mortuary is in charge of arrangements.
Eva Watson
TWIN LAKES Services for Eva Watson, 97, will be held at
10 a.m., Friday, June 7 at Free Trinity Navajo Mission, Tohlakai.
Rev. Dennis Gardner will officiate. Burial will follow at Big Oak
Cemetery, Twin Lakes.
Visitation will be held from 3-5 p.m., today at Cope Memorial Chapel.
Watson died June 4 in Gallup. She was born Dec. 5, 1906 in China
Springs into the Bitterwater People Clan for the Black Streak People
Clan.
Watson attended Tohatchi Boarding School. She was employed as a
nursing assistant at St. Mary's Hospital, Gallup. She was a homemaker
and songleader in Navajo and English. Her hobbies included rugweaving
and farming.
Survivors include her daughters, Helen Chavez and Mary Ann Johnson
both of Twin Lakes; brothers, Joseph Curman Sr. of Tohlakai; sisters,
Clara John of Twin Lakes; 30 grandchildren; 109 great-grandchildren
and 26 great-great grandchildren.
Watson was preceded in death by her husband, Robert G. Watson;
daugher, Thelda Watson Sandoval and sons, Joe Watson and Edward
E. Watson.
Pallbearers will be Josie Bowman, Kathy Shirley, Charles Shirley,
Wilford Barney, Wilfred Johnson and Franklin Benally Sr.
The family will receive friends and relatives after the burial
services at Twin Lakes Elementary School.
Cope Memorial Chapel is in charge of arrangements.
Henry Brown
RED ROCK Services for Henry Brown, 62, will be held at 11
a.m., Friday, June 7 at Cope Memorial Chapel. Pastor Henry T. Yazzie
will officiate. Burial will follow at Gallup City Cemetery.
Brown died June 2 in Gallup. He was born Sept. 25, 1939 in Fort
Wingate into the Salt Water People Clan for the Meadow People Clan.
Brown graduated from Albuquerque Indian School. He served in the
U.S. Marines. He was employed at numerous places, Navajo Motors,
Gallup Car Parts, Napa Auto Parts and CW Bar Ranch, as a rancher.
His hobbies included woodcarving, silversmithing, cooking, watching
western movies and listening to country music.
Survivors include his wife, Mary Rose Brown of Red Rock; sons,
Emerson Brown Sr. of Nazlini, Ariz.; Hermson Brown of Manuelito,
Albert J. Brown of Crownpoint and Anderson Brown Sr. of Red Rock;
daughters, Rose Brown, Henrietta Sam, Carol Brown and Brenda Brown,
all of Red Rock; mother, Mary Y. Brown of Red Rock; brothers, Jerry
L. Brown of Hunter's Point, Ariz., King L. Brown and Phillip L.
Brown Sr. both of Red Rock; 20 grandchildren and one great-grandchild.
Brown was preceded in death by his father , George Sam Brown and
brothers, Jimmy E. Brown and Fred L. Brown.
Pallbearers will be Emerson Brown Sr., Hermson Brown, Albert Brown,
Anderson Brown, Jeffery Sam and Anderson Parkett.
Cope Memorial Chapel is in charge of arrangements.
Viola Carson
GALLUP Services for Viola Carson, 92, will be held at 10
a.m., Saturday, June 8 at the Church of Jesus Christ of Latter
Day Saints, Stake Center, Gallup. Burial will follow at Sunset
Memorial Park.
Carson died June 5 in Gallup. She was born March 26, 1910 in Nutrioso,
Ariz.
Carsonwas employed at native trading posts. She was a member of
the Gallup 3rd Ward and the Church of Jesus Christ of Latter Day
Saints.
Survivors include her sons, Richard Carson of Gallup and Raymond
Carson of Marana, Ariz.; daughter, Donna Hendrickson of Gilbert,
Ariz.; 17 grandchildren, 52 great-grandchildren and 18 great-great
grandchildren.
Carson was preceded in death by her husband, Richard W. Carson,
parents, Sara and Ebenezer Cherry and son, Bernard Carson.
Cope Memorial Chapel is in charge of arrangements.
Myron Mogan
CROWNPOINT Services for Myron Mogan, 19, will be held at
11 a.m., Friday, June 7 at St. Paul Catholic Church, Crownpoint.
Burial will follow at Borrego Pass Community Cemetery.
Morgan died June 3 in Gallup. He was born July 15, 1982 in Gallup
into the Bitterwater People Clan for the Water Flows Together People
Clan.
Morgan graduated from St. Bonaventure High School and attended
NMSU-Grants. He was employed with Damons Sanitation and Waste Management,
Crownpoint. His hobbies included art, sketching, hunting and auto
mechanics study.
Survivors include his parents, Peter and Irenen Morgan of Crownpoint;
brother, Myrick Morgan of Crownpoint; sisters, Regina and Raechelle
Morgan both of Crownpoint.
Morgan was preceded in death by his grandparents, Frank and Mary
Chapo, Billy Morgan and Martha Shorty.
Pallbearers will Myrick Morgan, Kirby Chapo, Kee Yazzie Chapo,
Benjamin Chapo, Ken Y. Chapo and Delvin Chapo.
The family will receive friends and relatives after the burial
services at Parish Hall, St. Pauls Catholic Church, Crownpoint.
Cope Memorial Chapel is in charge of arrangements.
Victoria M. Livingston
NASCHITTI Services for Victoria M. Livingston, 79, will
be held at 10 a.m., Friday, June 7 at Naschitti Christian Reformed
Church. Ray Slim will officiate. Burial will follow in Naschitti.
Livingston died June 3 in Gallup. She was born Sept. 20, 1922 in
Naschitti into the Salt People Clan for the Sleeping Rock People
Clan.
Livingston attended Rehoboth Mission School. She was a self-employed
rug weaver, livestock owner and a member of the Naschitti Christian
Reformed Church.
Survivors include her sons, Lawrence Livingston, Luther B. Livingston
and Leroy Livingston all of Naschitti; daughters, Vera Guardipee
of Heart Butte, Mont., Linda Livingston and Betty Thompson of Naschitti;
sister, Elizabeth Pine of Naschitti; 19 grandchildren and 27 great-grandchildren.
Livingston was preceded in death by her husband, Tony T. Livingston
and parents, Hoskie and Alice Manuelito sisters, Marie Manuelito
and Maxine Miles and four grandchildren.
Pallbearers will be Cameron Three Iron, Lionel Livingston, Gene
Guardipee, Jermaine Thompson, Lucius Begaye and Ronald Tailfeathers.
The family will receive friends and relatives after the burial
services at Naschitt Chapter House.
Cope Memorial Chapel is in charge of arrangements.
Elizabeth Anne Ablowitz
WINDOW ROCK Services for Elizabeth Ablowitz, 18, will be
held at 10 a.m., Friday, June 7 at Mary Mother of Mankind Catholic
Church, St. Michaels, Ariz. Father Gilbert Scheider, OFM will officiate.
Burial will follow at community cemetery, Fort Defiance, Ariz.
A rosary will be recited on Thursday at Mary Mother of Mankind
Catholic Church.
Ablowitz died June 2 in Shiprock. She was born June 14, 1983 in
Fort Defiance into the Dove People Clan for the Bitter Water People
Clan.
Ablowitz is a 2001 graduate of Coconino High School, Flagstaff,
Ariz. She attended St. Michaels High School and Window Rock public
schools. Her hobbies included listening to music, writing poetry,
computers and animals.
Survivors included her parents, Marjorie J. McCabe and Rodney J.
Ablowitz; sister, Christina M. Ablowitz and grandparents, Reba
A. McCabe and Joyce Ablowitz.
Ablowitz was preceded in death by her, grandfather, William McCabe.
The family will receive friends and relatives after the burial
services at St. Michaels Parish Hall.
Tse Bonito Mortuary is in charge of arrangements.
Melvin Cayatineto
CROWNPOINT Services for Melvin Cayatineto, 40, will be held
at 2 p.m., Thursday, June 6 at Gospel Light Church,
Crownpoint. Brother Mike Lee will officiate.
Cayatineto died June 1 in Towaoc, Colo.
Survivors include his wife, Kayla Hatch of Towaoc; sons, Jermiaine
Cayatmeto, Melivina Cayatineto and Malantanta
Cayatineto all of Crownpoint; one daughter; mother, Marjorie Cayatineto
of Crownpoint; sisters, Jeannette Cayatineto,
Charlotte Cayatineto House of Towaoc, Aloin J. Coyatineto of Cortez,
Colo., Genevievieve Cayatineto Lewis of Crownpoint;
grandparents, Bernice Cayatineto Ahasteen of Ganado, Ariz., Jones
H. Yazzie, Ida Yazzie, William and Irene Cayatineto of
Crownpoint.
Pallbearers will be family members.
The family will receive friends and relatives after the burial
services at house 49, Sunny Side, Crownpoint.
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