The confiscation this week of cigarettes from two stores operated by the Cayuga Indian Nation was the right thing to do, but it's unfortunate that two upstate counties had to act with no assistance from the state of New York.

In deciding to take on the issue of Indian retailers failing to pay cigarette excise taxes to the state, Cayuga and Seneca counties are also accepting the burden of taking the case to court.

Prosecuting a case like this has the potential to become extremely costly and tie up the resources of prosecutors for months - or even years - considering the likelihood that the Cayugas will fight the case every step of the way.

But we'd be hard pressed to argue that just because the prosecution might be difficult, lengthy and costly that police and prosecutors should simply look the other way.

If possession and sale of untaxed cigarettes is a crime, then law enforcement is obligated to investigate cases they become aware of. Going after the Cayugas for breaking the law is the right thing to do, and it should have been done years ago.

A 2005 Supreme Court ruling that newly acquired Indian properties do not qualify for tax-exempt status means that the Cayugas' local convenience stores need to follow the law just like any other enterprise, and businesses have been complaining for decades that Indian-run stores pose unfair competition to those operating within the law.

The state, however, under the direction of Gov. David Paterson, continues to say it wants to negotiate with tribes, a course that has proven quite useless in the past.

Now that the sheriffs and the district attorneys of Cayuga and Seneca counties have decided to act, local taxpayers will be the ones footing the bill.

The state should have helped the counties take on this fight.