The New York Times - 06.08.2019

THE NEW YORK TIMES OBITUARIESTUESDAY, AUGUST 6, 2019 N B11

Arthur Lazarus, a lawyer and
champion of legal rights for Na-
tive Americans, who won a land-
mark award for the Sioux Nation
in its continuing struggle involv-
ing the Black Hills of South Dako-
ta, died on July 27 in Washington.
He was 92.
The cause was complications of
kidney and heart disease, his son
Edward Lazarus said.
Over six decades, Mr. Lazarus
helped Native American tribes
across the country develop demo-
cratic institutions, reclaim lands
and exercise sovereign powers.
His work was made possible by
the Indian Reorganization Act of
1934, known as the “Indian New
Deal.” The act reversed decades of
assimilationist policies of the
United States government and al-
lowed tribes to re-establish their
tribal governments and cultures.
Mr. Lazarus guided them in these
efforts.
“Like any fledgling govern-
ment, they needed help,” Edward
Lazarus, who is also a lawyer and
has written about Indian issues,
said in an interview. “That meant
developing a taxation system on
the reservations, setting up a civil
justice system, capturing water
and mineral rights, and some-
times suing or negotiating with
the United States government.”
This work was the central lega-
cy of his father’s legal career, his
son said. It included helping to
draft the Alaska Native Claims
Settlement Act of 1971, which
awarded to Native tribes almost
$1 billion and 40 million acres on
which they had lived for genera-
tions. The claim had been unre-
solved for more than 100 years.

While devoting himself to this work, Arthur Lazarus also devoted decades to a single legal case involving the Sioux Nation. Even though he won a crucial legal victory for the Sioux tribes, the issue remains unresolved to this day. A treaty in 1868 had set aside for the Sioux millions of acres, most of it in South Dakota, including the Black Hills. After gold was discov- ered on that land, Congress re- neged on the treaty and seized the Black Hills in 1877. The tribes sued the United States in 1923, seeking compensa- tion for the confiscated land. After several setbacks, Sioux leaders in the 1950s sought out Mr. Lazarus and others to carry on the case.

In 1979, after more than 20 years of litigation, the United States Court of Claims awarded the Sioux $17.5 million and, for the first time in such a case, said the government would have to pay 5 percent interest, for a total of $106 million. The government objected to paying interest, and appealed to the United States Supreme Court. In 1980, the high court upheld the original Court of Claims decision and sided 8 to 1 with Mr. Lazarus. “It was precedent-setting,” said Kevin Gover, director of the

Smithsonian’s National Museum of the American Indian and a member of the Pawnee Tribe. “For the first time in the history of these Indian claims,” he said, “and there were hundreds of them, the Court of Claims deter- mined that the taking of Sioux land was so egregious, the United States should have to pay interest on the value of the land at the time of its taking.” At the time, it was the largest fi- nancial award offered to an Indian tribe for illegally seized land. That might have been the end of it. But in a surprising turn of events, after 57 years of litigation — believed to be the longest court case in American history — the Sioux rejected the monetary award. They wanted the land in- stead. In the intervening years — between 1923, when the case began, and 1980, when it ended — much had changed, mainly the rise of the American Indian movement and its quest for greater political power, autonomy and identity. The Sioux of 1980 feared that if they accepted the money, they would lose their sacred ancestral land forever and their culture with it. The issue has been at a stand- still ever since. The money has never been touched. It sits in trust in an interest-bearing account that by now has grown to more than $1 billion. “This was a sad ending from his perspective,” Edward Lazarus, who wrote about the case in the book “Black Hills/White Justice” (1991), said of his father. “But he also thought that some day, that money would ultimately be put to

great use by the tribes. He just didn’t know when.” Arthur Lazarus Jr. was born on Aug. 30, 1926, in Brooklyn to Ar-

thur and Frieda (Langer) Laza- rus. His father was a business con- sultant and one of the country’s first efficiency experts. His

mother was an antiwar activist and advocate for conscientious objectors during World War II. Arthur grew up in Brooklyn, where he attended Poly Prep Country Day School. He went on to Columbia University, where he edited the student newspaper, The Columbia Spectator, and roomed with Allen Ginsberg, the future beat poet. He graduated in 1946 at age 19, having started college at 16 during World War II, when Columbia ran an accelerated program for under- graduates. He went to Yale Law School and graduated in 1949. He then joined what is now the Washington office of the law firm of Fried, Frank, Harris, Shriver & Jacobson, where he developed his interest in Indian law. He married Gertrude Chiger in

She died in 2013. In addition
to their son Edward, Mr. Lazarus
is survived by another son, An-
drew; a daughter, Diana; a sister,
Margy Meyerson; and seven
grandchildren.
Although the Black Hills issue
has not been resolved, the case re-
mains one of historic significance.
“Not until the Sioux Nation case
did any of us appreciate that you
could actually win one of these
cases, and with interest,” said
Lloyd B. Miller, a lawyer and part-
ner in Sonosky, Chambers,
Sachse, Miller and Monkman, a
national firm devoted to Native
American issues. He worked on
many cases with Mr. Lazarus.
“He showed,” Mr. Miller said,
“that justice, at least partial jus-
tice, could be achieved in the
courts despite centuries of op-
pression.”

Arthur Lazarus Jr., Lawyer Who Fought for Native Americans, Dies at 92

By KATHARINE Q. SEELYE

Helping the Sioux and

other tribes in their

efforts to regain lands.

Arthur Lazarus Jr. in his Washington office in 1981, a year after a victory for Native Americans against the federal government.

D. GORTON/THE NEW YORK TIMES

Cliff Branch, a former world-
class sprinter who was one of the
N.F.L.’s top deep threats, winning
three Super Bowls in 14 seasons
with the Raiders, was found dead
on Saturday in a hotel room in
Bullhead City, Ariz. He was 71.
The police there, in northwest
Arizona, said Branch had died of
natural causes. No specific cause
was given.
Branch, wiry at 5 feet 11 and 170
pounds but remarkably durable,
was one of professional football’s
fastest players in his years with
the Raiders, 1972 to 1985, first in
Oakland, Calif., and later in Los
Angeles. He spent his entire
N.F.L. career with the team.
“With him it’s not running, it’s
flying,” the Raiders owner Al Da-
vis told the columnist Dave An-
derson of The New York Times in
1974.
Branch was an All-Pro three
straight seasons (1974-76) and
made four Pro Bowls — a record of
success that many of his former
teammates and coaches, as well
as Branch himself, believed
should have earned him a place in
the Pro Football Hall of Fame.
Branch scored 67 touchdowns
through the air, leading the Na-
tional Football League in touch-
down receptions in 1974 with 13
and in 1976 with 12. He had a
league-high 1,092 yards receiving
in 1974. He ended his career with
501 receptions, averaging 17.3
yards per catch as a target for
three of the top quarterbacks of
his era, Daryle Lamonica, Ken
Stabler and Jim Plunkett. (The
N.F.L. record for career receiving

average is held by Homer Jones of the Giants and the Cleveland Browns, with 22.26.) Branch was a force in the post- season as well, with 1,289 yards receiving. The Raiders won Super Bowls after the 1976, 1980 and

1983 seasons — the last one in Los Angeles, where the franchise had moved from Oakland in 1982 after lengthy court fights. It returned to the Bay Area in 1995. Branch made 14 catches for 181 yards and three scores in those championship games: a 32-14 victory over the Minnesota Vikings in Super Bowl XI at the Rose Bowl

in Pasadena, Calif.; a 27-10 win against the Philadelphia Eagles in Super Bowl XV at the Louisiana Superdome in New Orleans; and a 38-9 rout of the Washington Red- skins in Super Bowl XVIII at Tampa Stadium in Florida. The Raiders have not won a Super Bowl since. Only five other players in the franchise’s history were part of all three teams. In 1983, at age 35, Branch tied the N.F.L. record with a 99-yard touchdown catch in a regular-season game, gathering in a pass from Plunkett against the Red- skins in Washington and outrun- ning their secondary. He stands third among Raiders pass catch- ers in yards receiving with 8,685, trailing Tim Brown and Fred Biletnikoff — both Hall of Famers. He piled up those statistics despite a relatively slight frame for the N.F.L. “Everyone talked about the big bad Raiders,” John Madden, the

team’s head coach from 1969 to 1978, once said in an interview with NFL Films, but Branch “was so skinny, his back pockets would fight when he walked.” Even so, his teammate Art Shell, a Hall of Fame offensive tackle and later a Raiders head coach, said Branch had been feared throughout the league. “Cliff Branch was the ultimate deep threat for the Raiders,” he once said in an interview. “He’d stretch the defense. Those guys were just afraid that he’d blow by them, and, ultimately, he would blow by them.” Clifford Branch Jr. was born on Aug. 1, 1948, in Houston. He was a standout player at Worthing High School there and attended Whar- ton County Community College in Wharton, Tex., before transfer- ring to the University of Colorado, where he was a sprinter on the track team as well as a star receiver for the Buffaloes. He was once clocked at 9.2 seconds in the 100-

yard dash. But in college he thought of himself as a football player first. “I was a football player who also ran track,” he told The Times in 1974. “The difference between being a sprinter and a wide receiver is learning to control your speed when you have to make a cut in running a pattern.” He graduated in 1972 and became a fourth-round draft pick by the Raiders. Branch lived in the Bay Area and did charity work for the Raiders organization in later years. An article on the University of Colorado website said he lost his home in Santa Rosa, Calif., to wildfires in 2017 and had been planning to move to Las Vegas in anticipation of the Raiders’ move there for the 2020 season. He is survived by his sons Brent and Anthony; a daughter, Mela- nie; his sisters Cheryl and Elaine; a brother, Edwin; and two grandchildren, the university said.

Frustrated in his Hall of Fame dreams — he was a semifinalist for the honor in 2004 and 2010 — Branch remained convinced that he was deserving of induction. (Inductees are chosen by a com- mittee made up largely of news media representatives.) “All my peers that I played against and that are in the Hall of Fame, they tell me that I deserve to be in the Hall of Fame,” he told the Raiders’ website in a recent interview. “It’s the crowning glory, just like getting a Super Bowl ring.” The Raiders organization con- curred after his death, declaring in a statement, “Cliff’s on-field ac- complishments are well docu- mented and undeniably Hall of Fame worthy.” Mike Ditka, the Hall of Fame tight end and former coach of the Chicago Bears, was once even more succinct in an interview. “He’s a Hall of Famer,” he said of Branch. “Period.”

Cliff Branch, 71;

Star Receiver

Helped Raiders

Claim 3 Titles

Cliff Branch during wins over the San Diego Chargers in 1976, left, and the Cleveland Browns in 1983. He had 8,685 receiving yards — the third most in Raiders history.

NFL PHOTOS, VIA ASSOCIATED PRESS ASSOCIATED PRESS

By WILLIAM McDONALD

A deep threat who

was one of the fastest

players in the N.F.L.

The Associated Press and Reuters
contributed reporting.

Alvarez, Ernest Ashman, Joseph Boccabella, Sebastian Charatan, Paulina

Crea, Joseph Friedman, Adelaide Kopp, Claire Kronenberg, Gloria Levy, Carolyne

ALVAREZ—Ernest, 87, passed away August 4th,

He is survived by his be-
loved wife, Joan and children:
E. Patrick, Christopher and
Joan Mazzella and five
grandchildren. In lieu of flow-
ers, donations may be made
to Catholic Charities.
ASHMAN—Joseph William,
passed away on July 19 in
New York City. Born in Will-
kes-Barre, Pennsylvania, on
September 22, 1922, he was
the son of Ruth Startzel Ash-
man and William M. Ashman.
He graduated from Kingston
High School. In October 1944
he graduated from the Naval
Air Training Center in Pensa-
cola, Florida, as a Naval Avia-
tor. For the rest of the war he
flew sub patrol. He entered
Harvard College, earning an
AB degree in 1950 and a MBA
from the Harvard Business
School in 1951. Although on
the small side he earned a let-
ter playing football at Har-
vard. After college he played
squash tennis and eventually
won the championship at the
Harvard Club of New York

which he had joined in 1953. He took up Court Tennis join- ing the Racquet Club of Phi- ladelphiaandtheTuxedo Club. He is survived by his wife Madelyn Pickens Ash- man. There will be a memor- ialserviceatSt.James' Church, 865 Madison Avenue at 71st Street, at 2:00pm, Wed- nesday, August 7.

BOCCABELLA—S.J., Bro. Sebastian A., on August 4, 2019, survived by brothers Louis and Anthony, cousins Francis, Anthony Stopanio, and Anthony Ciro, many other relatives, and his brother Jesuits. Reposing at the Murray-Weigel Hall Cha- pel, 515 East Fordham Road (by Bathgate Avenue), Bronx, NY on Tuesday, Au- gust 6 from3:00-5:00and 7:00-8:30pm. Mass of Christian Burial will be held on Wed- nesday,August7, 2019 at 11:30am at the Murray- WeigelHallChapel.Inter- ment at the Jesuit Cemetery, Auriesville,NY.Inlieuof

flowers, donations may be made to the USA Northeast Province, Society of Jesus, 39 East 83 Street, NY NY 10028. For information, contact Farenga BrothersFuneral Home, (718) 654-0500.

CHARATAN—Paulina. The family of Paulina Chara- tan, a holocaust survivor, is saddened to announce her passing on Saturday, August 3rd, 2019. She died at home surroundedbyherfamily. She leaves behind a legacy of love for her family. Paulina who was predeceased by her husband, Joseph in 1996 is survived by two children, Ed-

die (Nancy), Debrah (Steven) and five grandchildren, Dana, Jodi,Bennat,Ariel,Howie and two great-grandchildren, Addison and Hunter. She was preceded in death by her beloved daughter, Shirley (Jack). Paulina will be greatly missed by all of us. Donations in her memory should be made to Selfhelp or The Unit- ed States Holocaust Memor- ial Museum. Funeral services will be held at “The River- side” West 76th Street and Amsterdam Ave. on Monday, August 5th, 2019 at 9:30am. The Charatan and Bick Family CHARATAN—Paulina. The Selfhelp Community Ser- vices family is deeply sad- denedbythepassingof Paulina Charatan, mother of our devoted friend and Foun- dation Board ViceChair, Debrah Lee Charatan. Paulina and her late husband Joseph survived the atroci- tiesoftheHolocaustand bravelyforged newlives together in America. In tri- bute, Debrah has dedicated herself to enhancing the lives of the thousands of survivors served by Selfhelp. We are privileged that our newest af- fordablehousingresidence will bear the namesof Paulina and Joseph Chara- tan. May Paulina's memory forever be a blessing. Our heartfelt condolences to

Debrah (Steve), Eddie (Nan- cy) and Jack, and to her grandchildren and great- grandchildren. Raymond V.J. Schrag, President, Board of Directors Dennis Baum, Chair, SCS Foundation Board Stuart C. Kaplan, CEO CREA—Joseph, on August 2, 2019 at the age of 104 years old. Beloved husband of the late Regina nee Vigliante. Devoted father of Catharine, Regina Mysliwiec (Ronald), Lorraine and Eli- zabeth (Gloria Greco). Cher- ishedgrandfatherofPaul, Regina and Brendan. Loving great-grandfather of Eleanor. ReposingatthePeterC. LaBella & A. Guarino Funeral Home, 2625 HarwayAve. (Corner of Bay 43rd St. Brook- lyn, NY) on Monday from 7-9:30pm and Tuesday from 2-5 and 7-9:30pm. Mass of Christian Burial at Our Lady of Grace RC Church Brook- lyn, NY on Wednesday at 10:30am. In lieu of flowers, donations can be made to the Regina and Joseph Crea Me- morial Scholarship Fund at BrooklynLawSchool, 250 Joralemon St., Brooklyn, NY 11201. labellafuneralhome.com FRIEDMAN—Adelaide. The Yeshiva University family mourns the passing of Ade- laide Friedman Z”L, widow of

thelateRabbiMorrisS. Friedman Z”L and mother of David Friedman, United States Ambassador to Israel and an honorary degree reci- pientatthisyear'scom- mencement. Condolences to her children, Ambassador David (and Tammy) Fried- man, Mark (and Rosie) Fried- man, and Naomi (and Stev- en) Wolinsky, and her grandchildren, great-grandchildren and the entire family. May they be comforted among all who mourn for Zion and Jeru- salem. Yeshiva University Dr. Ari Berman, President Moshael J. Straus, Chairman, Board of Trustees

KOPP—Claire Bernstein, Our beloved mother, Claire Bernstein Kopp, wife of Eu- gene H. Kopp for over 68 years, passed away in Los Angeles on July 22nd after a long battle with Alzheimer's disease.Afterearningher Ph.D. in Psychologyour mother dedicated her life to research on infant and child development, and her work is cited in many college texts. She taught at several impor- tant schools, including Clare- montGraduate University and UCLA. Her daily passions were her husband, the three of us, her family, friends, col- leagues,andherstudents.

She loved the daily challenge of the New York Times cross- words. Our mother loved the pristinewaterfallsandthe serenity of Yosemite, where she would often retreat with her family to walk, read, sew, ski, and write. In addition, she was a fabulous cook, honor- ingherchildhoodinNew York by passing on the tradi- tion of preparing and hosting Passover Seders; an accomplished seamstress who mademanyofher own clothes; and a college level author. At a later age she returned to her love of art, and became a docent at the Hun- tington Library's Portrait Gal- lery. Not content to be our father's passenger, she earned her pilot's license and was active in the “99's”, a wo- men's flying club. At an early age she and our father in- stilled both a love and respect foreducation,whichcon- tinues to this day. As we grew older, she would frequently remind us of how proud she was of what each of us had accomplished. Our mother is survivedbyherhusband, Gene; three children: Carolyn, Michael(Julie),andPaul (fiance Alexandra); three sisters: Sue, Ann (Tobi), and Ruthie (Phil); and grandson, Andrew (Lynn Joyner).

KRONENBERG—Gloria. The Parkinson's Foundation treasures the memory of a loyal, gracious, generous friend of many years. John L. Lehr, President

LEVY—Carolyne Klein. Robert and Susan Klein and their family mourn the loss of Carolyne Klein Levy, affec- tionate and loving sister, sister-in-law and aunt. Bob E's close relationship with his sister was forged in childhood and remained throughout their adult lives. We will all miss her charm and unique personality. Deepest condolences to Ed and the entire Levy family.

VAARDAL—Jacqueline Bal- lard Phillips. And while she lies in peaceful sleep, Her memory we shall always keep. Heidi Vaardal Bassano

Deaths Deaths Deaths Deaths Deaths Deaths Deaths

In Memoriam

Encourage

student discovery.

Learn how you can sponsor classroom subscriptions at nytimes.com/sponsor.

The New York Times - 06.08.2019

Get our desktop app

Company

Features

Documentation

Resources