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The original documents are located in Box 4, folder "Newsclips (3)" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 4 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library NEWS CLIPS OFFICE OF INFORMATION 202-343-7445 VOL. 6 No. 46 November 13, 1976 Indians treated disgracefully Pity the poor Indians. They lost the promise, arbitration would result. wars and the peace. That kind of pressure wouldn't be But the Indians of the Northwest do WILLIAM necessary If the states would negotiate not want pity. All they want is a fair BEBOUT in good faith instead of crying hysteri- shake. If they get it, they'll have cally at the mere mention of Indian achieved An historic first in their Capital Journal fishing rights. The conduct of state relations with the government of the Editorial Poge officials in both Oregon and Washing- United States. Editor ton has been and continues to be The most volatile issue is Indian disgraceful. fishing rights, 8 subject that evokes 10-24-76 But even Ullman seems to lack a emotions so strong that the facts rarely real understanding of the Indians' are discussed outside a federal court- Belloni decisions were upheld unani- grievances. He said that continuing room. mously by federal appellate judges. reliance on the federal courts to And not even one tiny bit of the The states, however, ignored federal achieve a settlement would lead to a blame can be assessed against the court orders with the same stubborn "dead end." Indians. They've been willing to com- indifference they gave to Indian pleas There are three branches of govern- promise from the beginning. But the to negotiate a compromise. ment, he said, and Congress will successors to their conquerors, repre- The states contend they must man- "change the rules" if the Indians sented by the state governments of age the fishery resource to protect it continue to use the judicial branch to Oregon and Washington, won't give an from ruination by both Indians and get justice. Indian the time of day unless ordered non-Indians. I have no quarrel with The Indians would not be in court, of to do so by a federal judge. state fishery management. But it must course, if either Congress or the states The courts have ruled that the be noted that salmon runs in many had heeded their pleas for fair treat- Indians are entitled to an opportunity streams under state management have ment under the treaties they negotiated to harvest 50 per cent of the salmon. in fallen off sharply and there is no way in good faith with the federal govern- the Columbia Kiver after the "escape- the blame can be placed on Indian ment 100 and more years ago. And ment" of enough fish to ensure preser- fishermen. It's doubtful some of the anyone who thinks the Indians got a vation of the runs streams have been visited by an Indian good deal in those treaties is just plain There's a great deal of difference fishermen since the days of Lewis and stupid. To deny the Indians what little between the opportunity to catch fish Clark. And no one contends seriously they have coming to them would be and the ability to do so. The fact is that the Indians are responsible for the worse than stupid. It would be crimi- that Indians have taken no more than decline in Columbia River runs. The nal. 12 to 14 per cent of Columbia River fact is that Indian conservation prac- It should be obvious that the states salmon runs since the long legal battle tices, including use of modern hatcher- can afford to give up more than 12-14 started in the 1960s. ics, are-just as advanced and effective per cent of the salmon runs, and that The Indians never would have none as those used by the states. the Indians would be willing, even to court if the states had been willing Rep. Al Ullman of Oregon, chairman eager, to settle for less than half the to negotiate a reasonable settlement. of the House Ways & Means Commit- fish ir the river. FORD But the refusal of the states to negou- lee, told the editorial boards of the If Ullman can achieve a settlement ate and the heavy toll on salmon runs. Capital Journal and Oregon Statesman through legislation, that's dandy. taken by non-Indian fishermon down- last week that the fishing issue must be should have been done more than a LIBRARY stream left the Indians with no alterna- solved by negotiation or binding arbi- decade ago. Bui Uliman and every one tive. tration. else with a conscience should recognize The decisions of U.S. District Judges Ullman says he intends to introduce that although the government may Boldt of Seattle and Belioni of Portland legislation in the next session of Con- confront the Indians from a position of upheld the provisions of the 19th Centu- gress to force such negotiations. If the unchallengeable political power, the ry treaties which gave the Indians states then fail to sit down with the full weight of justice and morality is on their fishing rights. And the Boldt and Indians and work out a realistic com- the side of the Indians. STATES DEPARTMENT OF THE OF INDIAN AFFAIRS 1951 Constitution Avenue N.W. Washington, D.C. 20245 Banking_interests in The Julsa Trilmite D. Cherokee politics fuel OCT 22 1976 tribal dispute Cherokee banking interests and their By BILL SAMPSON family and business connections are The emergence of banking interests uation is this: I am the Chief. Someday the topics of considerable discussion in in Cherokee politics plus expectation of we will get large deposits. Bankers are the campaign and throughout the Cher- a $113 million settlement for the Indi- running for the Council. Bankers will okee Nation area. ans has fueled a new tribal political selves. divide these deposits among them- For example, the board chairman of controversy. the First National Bank of Tahlequah The Cherokees are in the midst of a "THIS IS A neat scenario, but prag- is Peter A. Manhart. He was the head political campaign to elect a deputy matically difficult to achieve. There is of a group of investors which acquired chief and 15 councilmen. Mail balloting no bank in the Cherokee Nation which control of the bank in 1972. One of those is going on this month with results to could effectively invest the hundreds of investors was James R. Jones, before be announced in mid-November. millions of dollars in question. Regula- he was elected 1st District congress- The banking issue has been raised tory agencies require certain amounts man. Jones' wife, Olivia, is on the largely by Tulsan James Gordon and of capital in proportion with bank de- bank's board. Tulsa County Sheriff Dave Faulkner, posits. If a bank has high deposits, Earlier this month, at Jones' request, both of whom oppose Sallisaw Mayor without proper equivalent capital, it the House Standards of Official Con- R. Perry Wheeler for deputy chief. becomes risky to the depositors and duct Committee announced it had Wheeler has been endorsed by Chero- stockholders of that bank and regula- looked into the Jones' interest in the kee Chief Ross Swimmer; whose posi- tors would not allow it. Tahlequah bank and informed the con- tion as president of the First National "As a practical matter. Cherokee gressman he does not have to report Bank of Tahlequah made the banking, funds will be placed in banks through- his wife's bank stock holdings to the interest issue fair game in the cam- out the United States. Most of our House. money is put out for bid by the Bureau Manhart married the widow of Keith so far as Gordon and Faulkner Smith, long-time Jay lawyer, who, be- are concerned. of Indian Affairs. Our bank would fore he died in 1974, was director and SWIMMER says there "is no great have to compete with all other bidders general counsel for the Delaware conspiracy" to monopolize Cherokee nationwide and pay more than the County Bank, Jay; president and gen- banking as is being implied by some highest bid of those banks as well as eral counsel of the Bank of Locust campaign talk. pledge U.S. securities to protect the Grove; president of the First National Gordon and Faulkner have been on money of the tribe. Bank of Tahlequah and board chair- the stump throughout the 14 northeast- "This money is therefore not particu- man of the First National Bank of ern Oklahoma counties within the old larly significant to a bank, especially Sallisaw, all located within the old Cherokee Nation criticizing the influ- one of our size." Cherokee Nation. ence of bankers on the campaign and The so-called "banking candidates" Smith's grandmother was one-fourth proclaiming their independence of big for the council as Gordon has called Cherokee and came to Indian Territory money interests. them are: after the Civil War with her husband, Three candidates for the council - 1. Gary Chapman, assistant vice Lee B. Smith, who had been a captain including the chief's father - and a president. installment loans, Commer- in the Confederate Army. high election official of the tribe have cial National Bank, Muskogee. The banking connections, in addition to Chapmans are an old-line Cherokee CHIEF SWIMMER takes issue with Chief Swimmer. family, dating many years back into the Manharts being brought into discus- The Cherokees have been antici- tribal history. sions of Cherokee politics. He said: pating a financial settlement with the 2. Robert McSpadden. vice president, "Why are they discussed at all? I am federal government concerning the Ar-: First National Bank, Vinita. McSpad- not personally privy to their business kansas River bed ownership matter den is a relation of former congress- dealings outside of First National since the U.S. Supreme Court ruled in man and one-time gubernatorial can- Bank. They certainly do not affect the 1970 the Cherokees, Choctaws and didate Clem McSpadden. The McSpad- tribe or influence my decisions (as Chickasaws own the river. dens are related to the Rogers family chief) in the least. I do consider them The property involved was appraised of Cherokees, for whom Rogers as good friends and have been as- by the government earlier this year at County was named and from which hu- sociated with them in the bank for two $177 million. including powerhead value morist Will Rogers was descended. R. years. on two hydroelectric dams. Propor- Vance McSpadden. another relation, is "First National has been the tribal tionately. the Cherokees should receive business director of the Cherokee Na- bank for decades. and I think the Cher- about $113 million of that amount if tion. okees are proud that their chief is pres- Congress agrees to a lease or outright 3. Robert O. Swimmer (Chief Swim- ident of the bank." payment for the property developed mer's father), a board member of First He also provided a list of 12 banks into a navigation channel by the fed- National Bank of Tahlequah. throughout the United States where eral government. IN ADDITION to the candidates for Cherokee funds are deposited "to avoid In response to an inquiry by The elective posts, Tulsan Phillip Viles Jr. any question about deposits being con- Tribune about the issue, Chief Swim- is a member of the tribe's voter regis- centrated in any bank. mer replied: tration committee, a key institution in Former Cherokee Chief W. W. "You did raise an interesting theoret- tribal elections. Viles is a lawyer in the Keeler, retired president and chief ex- ical question concerning large sums of trust department of F&M Bank in ocutive officer of Phillips Petroleum money that may come into the tribe's Tulsa. Co., also is on the Tahlequah bank hands. Put in its simplest form, the sit- The interrelationships of these various board. Maine refuses to Dir Thiston (Stobe negotiate with Indians OCT 23 1976 Associated Press "My responsibility in this case ex- tends, not only to the tribes but to the 1 AUGUSTA, Maine - Maine's at- one million non-Indian citizens of Maine," he said. "I do not believe it is torney general rejected a request by a Federal civil rights agency yesterday responsible or fair for me to settle any claim, and thereby hand over public They to negotiate an out-of-court settlement assests, unless I am convinced on the to claims by Indians for 60 percent of merits of the claimant's case." want the land in the state. 60% of Earlier the Maine Advisory Com- Jacques E. Wilmore, regional direc- mittee to the US Commission on Civil tor of the Federal commission, had state's Rights had offered its help in such sent a telegram to Gov. James B. land negotiations, saying that the legal Longley, the tribal governors of the questions surrounding the Indians Passamaquoddy and Penobscot Indi- claims "could have dire results for the ans and Brennan. Wilmore asked for citizens of Maine." the negotiations and said related Fed- eral court rulings have indicated that A suit filed on behalf of the Pas- the Indians' case has merit. samaquoddy and Penobscot Indians has thrown a cloud over the ownership The Indians have said they are of 12.5 million acres of land, forcing willing to negotiate but have not put the cancellation of $27 million in mu- forth any proposals. They have placed nicipal bond sales and threatening to the value of their claims at $25 billion. dry up the source of mortgage loans in northern and central parts of the state. "In our judgement continued refus- al of the governor and the attorney "I believe it would be wrong to set- general to regotiate this matter with tle a case merely because the other the Indians could have dire results for side has been able to bring pressure to the citizens of Maine," Wilmore said. bear on the state in an attempt to win "Already there have been indications a settlement," said Atty. Gen. Joseph that further delay will have a deleteri- E. Brennan in a letter to the regional ous effect on the ability of some Maine office of the civil rights panel. communities to market municipal bonds. Banks may refuse to grant Brennan repeated his stand that mortgages in the contested area, and the Indian claims are without merit. the contined impasse may effect cru- cial funding by Federal agencies." Other investors in the Tahlequah bank with Manhart and Jones included "Anyone can put together a cast of oversee the proper and most rewarding Thomas A. Manhart, Manhart's father, people and come up with a million investment of tribal funds? Is there an plays, but in this case I am afraid the and A. J. Hintze, former chief geophy- industry governed more strictly by law cast is simply not together." sicist and director of exploration for and examined more regularly than Philips Petroleum Co. In 1969, the Gordon, in his campaign for deputy banking? Clearly, the fact that bankers elder Manhart, chairman of the Energy chief, focused on the banking issue run for tribal council does not act to Development Inc. of Tulsa, installed last Sunday at a Pryor meeting where the detriment of the tribe." Hintze as president of the firm. Both various candidates for Cherokee office First National Bank of Tahlequah has are associates and friends of Keeler. spoke. He heads a slate of candidate a "correspondent" relationship with Viles, the tribal voter registration sponsored by Cherokees for Responsi the Bank of Oklahoma in Tulsa. This is committee member and F&M Bank ble Government, an Indian political customary banking practice whereby employe, has strong banking, political party. Gordon was an unsuccessful can- didate for chief in 1975, losing to Swim- larger and smaller banks in various and family ties dating back into early areas of the state and nation provide Oklahoma statehood and the Cherokee mer. mutual help and financial assistance Nation. "Nine of the 15 candidates on the in dealings where one or the other is slate are half to fullblood Cherokee, most familiar. HIS FATHER, Phil Viles, Claremore Gordon said, "and not one is insuranceman, is president of the When the story broke about the Cher- banker. We are not taking the Cherokee Rogers County Bank of Claremore. He Nation down that banker road." okee financial scandals during the last ars of the administration of Chief is a former vice chairman of the Grand He emphasized the Cherokee people's River Dam Authority, appointed origi- Reeler, it was learned the Tahlequah "right to know why and by what and Tulsa banks both held notes involv- nally by the late J. Howard Edmondson process their money is invested and when he was Oklahoma governor. ing tribal construction and housing ven- spent." The elder Viles' wife, mother of the tures that failed financially. Tulsa lawyer-banker, is the daughter of HE CHARGED the former commu- Chief Swimmer has reorganized former Cherokee Chief J. B. Milam, nity representatives program had been tribal administration in an effort to ac- who led the tribe from 1941 to 1940. brushed aside by Swimmer's appoint- count for those losses, overcome the Chief Milam had oil interests near ment of a council last year in advance setback and return the tribe to fiscal Chelsea. Mrs. Viles brother, H. Stewart of this year's election. responsibility. Milam, heads the Chelsea Bank and He said the Cherokees, "once proud her sister, Mrs. Ralph Hackett, controls Following is a list of banks in which of their education and culture, have Chief Swimmer said the Cherokees a bank at Tarkio, Mo. Some of the become a laughingstock before other Milams and the McSpaddens are coun- have funds on deposit (but he did not tribes" because of Cherokee financial sins. list amounts): scandals involving housing and con- Is this network of Cherokee banking struction in the early 1970s. First National Bank, Tahlequah; Lib- interests and the emergence of bankers Sheriff Faulkner has stressed his in- erty State Bank, Tahlequah; Union into current Cherokee politics since the Commerce Bank, Cleveland, Ohio: dependence of the chief, of banking in- river bed case was decided in the Cher- Coast Federal Savings and Loan, Los terests and of any slate during his cam- okees' favor in 1970 coincidental? Angeles: Peoples Bank and Trust, paign. Chief Swimmer addressed the ques- Blanchard, La. tion, saying: Swimmer kas endorsed Wheeler for University Savings and Loan, Surety "One of the major problems of In- deputy chief, but says he is not sup- Savings Association and Main Bank of dian Tribes around the country indack porting any particular candidates for Houston, all of Houston, Texas; Brazo- of qualified leadership. Last year the council positions. sport Bank of Texas, Freeport, Tex.; (when Swimmer became a candidate "Of the 42 people running for council, Union Bank, Sherman Oaks, Calif.; Me- and was elected chief) I felt very I am acquainted with around 23 and chanic National Bank, Huntington strongly about this. I told our board of feel that any of these would serve Park, Calif., and Zion First National directors and the chairman, Mr. Man- well," the chief said. Bank, Roosevelt, Utah. hart, that I believed if the Cherokees Swimmer took issue with Gordon and were going to survive and be a positive influence in Eastern Oklahoma, they Faulkner over the banking candidates, needed a capable leader. saying: "I did not believe the people seeking "The question of my banking inter- the office of chief were qualified. Most ests have been raised before and I am of my income is derived from my work sure that Mr. Faulkner derives much at the bank. This is my profession and of his commentary from this source. my future. During the last year, my Also, the Gordon slate brags about not directors have allowed me to be absent having a banker among its number. from the bank a great deal of time S0 "I simply do not understand this atti- that I could get the tribal problems tude. Most businesses enjoy the fact solved. that bankers as well as other profes- "MUCH PROGRESS has been made sional people serve on their boards of in this regard. I have always believed directors. But if you listen to Mr. that First National would be better off, Faulkner and Mr. Gordon, it seems in- as well as every other bank in the appropriate for a banker to work with area, if through our efforts, we could the tribe. create jobs, train people and raise the "IS A BANKER unqualified to under- per capita income of the Cherokees stand the financial business of the $1,000 per year than if the bank re- tribe? Is a banker less qualified to ceived all tribal deposits. evaluate business opportunities, advise "It is the long-term effect of what we tribal members regarding finances and are dong now that will help the Chero- kees and their economy. Short term goals for banking interests are net part of my plan. "There is no great conspiracy to monopolize banking or any other in- dustry. I am simply doing what I can to make a contribution to a great race of people who have had a pretty rough time over the last 100 years. Seattle Dost-Intelligencerr The Fishing War OCT 22 1976 From Page A-1 age. day that the FBI will enter the con- According to Gruett, a state boat fired the cannister after a gillnetter troversy. "The Seattle FBI office has been made a very close pass at a patrol ordered to investigate specific com- boat and the fisherman allegedly Fishing War: threw something at an officer. plaints regarding attempts to prevent Indians from exercising their fishing The "fishing war" got its start aft- PAGE ONE rights," said Ron Sim, an assistant to er a landmark decision by U.S. Dis- Pitkin. trict Judge George Boldt two years FBI Steps In ago which ruled that treaty Indians Sim said that under federal law have the right to take half of Wash- attempting to deprive Indians of their ington's harvestable salmon. rights is a felony. This year, state Fisheries Depart- Charging commercial fishermen The tribal officers issued a call for ment Director Donald Moos ordered have become so violent toward Indi- an end to the "lawless conduct of Puget Sound closed to non-Indians for ans that bloodshed may be near, trib- commercial fishermen who have been "fall fishing" as a conservation meas- al spokesmen announced yesterday defying state closure orders and ure. that the FBI has been ordered to threatening violence to Indian and Many gillnetters, who charge that state enforcement officers." the closure isn't a conservation meas- protect Indian rights in Puget Sound's According to the Indian spokesmen, ure when Indians are allowed to fish, "fishing war." "rabblerousers" among the fishermen and plagued by financial problems in The spokesmen said that Indians have brought about a "near total a poor fishing year, have been defy- have caught only 12 per cent of breakdown in fisheries management ing the state closure order. Washington's salmon harvest this on Puget Sound." They said this In their announcement yesterday, year, and caught only 5 to, 8 per cent would have an unfavorable impact on the Indian tribal officials said the in previous years, but they are being Puget Sound salmon stocks "which reason for the poor run of cohos on made "scapegoats" for the failure of will last for years." Puget Sound at present is the fact salmon runs in Puget Sound. As the Indian tribes made their that the coho run was largely caught The tribal spokesmen said a Lum- announcement, there was another in- by non-Indian trollers off the coast mi Indian research boat was fired on cident of violence on Puget Sound in during the summer. 13 times, repeated attempts have the "fishing war." The Indians said the trollers caught been made by. commercial fishing Between 30 and 40 gillnet fishermen a record 1.3 million cohos this year vessels to ram and sink Indian skiffs, encircled six state Fisheries Depart- off the coast. The Indians will end Indian net fishermen on river banks ment patrol boats in two incidents the Puget Sound coho season with a have been cursed and insulted by the Wednesday. total off-reservation catch of 144,000 public, and even football teams from A Coast Guard cutter and a heli- cohos, while non-Indian fishermen Indian high schools have received ra- copter were called out twice during took 350,000 in Puget Sound, the tribal cial insults from the stands. the night, once to escort the state leaders said. "Thank God nobody has been killed patrol boats from the mouth of Hood One Indian spokesmen, Bernard so far," said Helen Keeline of the Canal, and a second time to escort Gobin of the Tulalip Tribe, said feel- Point Elliott Treaty Indians. "But I'm them south from the Mutiny Bay ings are running so high among gill- afraid somebody is going to get killed area of Whidbey Island. netters that "our people are seriously before this is over.' The gillnet boats were making high concerned for their safety." speed "passes" at the state boats, He said Indians in the Anacortes A spokesman for U.S. Attorney threatening to ram them, according area are sleeping aboard their boats Stan Pitkin's office confirmed yester- to Bruce Gruett, assistant director of to prevent vandalism, some of which Back Page, Column 1 field services for the department. has occurred. "It was a hairy situation," he said. Indians and their children all over "There were some wild men out Puget Sound have experienced verbal there." "abuse, according to the tribal leaders. He estimated that between 40 and All fear-for their lives because many 50 gillnet boats were fishing illegally of the commercial fishermen are near the mouth of Hood Canal. carrying guns on their vessels, the Gillnet fishermen said a tear gas tribal leaders said. cannister fired by a state patrol boat "No fish is worth a person's life," landed in one vessel, set fire to the said Forrest L. Kinley of the Lummi rain gear and caused about $800 dam- Tribe. Indicted Tribe Fraud PHOENIX, Ariz. (AP) - Corporation of Beverly Hills, Authority money invested with for the arrest of Eldred and Scales said he and FBI The former executive director the indictments said. American Funding. Schaffer. agents had been investigating of the Navajo Housing Author- The indictments said Miller Miller, between June 1974 A summons was issued for the matter since last March. ity was indicted today by a and three other persons named and January 1975, placed near- Miller, who resigned last April Neither the Department of federal grand jury, which in the report caused invest- ly $13.3 million of Housing and from the Navajo Housing Au- Housing and Urban Develop- charged him with receiving ments of federal Department Urban Development funds with thority job he had held nearly ment nor the Navajo Housing $42,000 in kick-backs from a of Housing and Urban Develop- the firm for investment five years. His annual salary Authority management board California investment firm. ment money with American purposes. was about $23,000. apparently knew of Miller's The alleged payments to Pat Funding in return for "kick- The housing authority was Hadden, vice president- transactions with American Chee Miller, 31, a Navajo, backs consisting of 1½ per established in 1963 to utilize secretary of Window Rock Funding until early last Febru- were from American Funding cent" of the total Housing Housing and Urban Develop- Constructors, Inc., arranged ary. ment money for for III etings between Eldred of low rent, low income hous- American Funding invested and Miller, Scales said. OCT some of the federal funds ing on the Navajo Reservation. Scales said Hadden paid received by the Housing Au- 1976 named A. Gordon Eldred, therity in art term govern- ments ermed the kickbacks. American Funding's senior ment securities. All but nearly Farmington Daily Times vice president, and Mervin B. He said Hadden first met $4.4 million has been re- Schaffer of Los Angeles. Fldred through Schaffer, vice covered. Miller, Eldred and Schaffer president of Jusco Construc- Navajo Housing Authority were charged with conspiracy tion Co. of Los Angeles. He has filed a federal court suit to defraud the federal govern- said Hadden had met Schaffer against American Funding, ment, misapplication of funds while trying to arrange for which was placed in re- from an Indian tribal organiza- bonding for Window Rock Con- ceivership last March 22 by a tion and interstate transporta- structors, which is based in federal judge in Los Angeles, tion of money obtained by Window Rock, Ariz., the Nava- for the unrecovered money. fraud. jo capital. American Funding paid Leslie J. Hadden of Gallup, Scales said it might be early $704,000 in interest on the N.M., was named as an unin- next year before the three go Housing Authority loans. dicted coconspirator, said to trial. The charges carry Asst. U.S. Atty. Gary V. penalties ranging from a $5,000 Window Rock Constructors Scales. fine to 10 years in prison, or did some of the housing con- Bench warrants were issued both, Scales said. struction work. FORD The Datias Burning News TEXAS OCT 1 7 1976 First Indian coordinator Kiowa works to urge education By RANDY NORDHEM Satepauhoodle will be responsible grams are helping in the education of Cletis Satepauhoodle remembers for coordinating federally-funded In- Indians. white preachers telling him when he dian education programs for some 70 "Things are beginning to pick up," was a boy in Oklahoma that Indian tribes in Oklahoma, New Mexico, he says. "But, we've got to produce." dances were sinful. Texas, Arkansas and Louisiana. Congress wants to know the effec- "When I was brought up," says the He says in his new job he hopes to tiveness of the money it is spending for 39-year-old Kiowa, "being an Indian teach the value of education to Indians. Indian education. was something to be looked down "The Indian needs unity and the "The people in Washington want upon. only thing that will unify the Indian is results." "In order to be successful you education. We need a common goal. We Satepauhoodle says his job initially shouldn't have to talk Indian, they all know our i al is to educate our will consist of familiarizing himself used to say. The less you knew about youth." with the federal programs in the 5- being Indian the better. Satepauhoodle, who soon will submit state area. Then, he may make recom- "If you could marry a white girl you his doctoral dissertation to Penn State mendations for change. were closer to your goals." University, says the Indian is divided "I GUESS YOU could call me a SATEPAUHOODLE spits out his by tribal differences. troubleshooter." tobacco and laughs. "WE STILL ARE a multitude of dif- He says the emphasis in recent years "I married an Indian." Satepauhoodle was recently appoint- ferent people. Even though we look on the plight of the Indian has given alike, there are great distances be- rise to a renewed sense of pride among ed Indian Education Coordinator for the Indian. tween us." the U.S. Department of Health, Educa- Satepauhoodle, whose office is filled tion and Welfare's Southwest region. Satepauhoodle also says Indian cul- with Indian art and Indian music can It is the first such regional position tures traditionally have seen little be heard from his homemade cassettes, in the nation. value in formal education. stresses the Indian can maintain pride Although most Indians still live in in his heritage and still be an educated rural areas, many are moving to the member of society. cities because they have lost the land "You can live with two hats. You given their families by the govern- don't have to forsake one lifestyle to be ment near the turn of the century. successful in the other." They come to the cities for work, but have no skills and can only be employ- ed as laborers, he says. "It's a matter of educating the first generation," Satepauhoodle says. That generation, in turn, will instill the value of education into Indian children. SATEPAUHOODLE believes the youth now in school may be the first generation. He says the numerous federal pro- NOV Albuquerque Tribune Arizona Republic 2 1976 Indians may leave school 3 0 1976 if free lunches dropped Rhodes urges better Indian The chairman of the All The USDA had set a Nov. 1 should be filed by the Dec. 1 Indian Pueblo Council said deadline after notifying New deadline. medical care today a mass withdrawal Mexico last spring that there Underwood said Anaya's from schools of Indian child- would no longer be categori- decision to join the Indian Health needs of Ameri- ren "is a possibility" if free cal approvals of Indian suit was made after discus- can Indians deserve top lunches are denied by the children as needy for pur- sions with Lovato. priority by the federal U.S. Department of Agricul- poses of receiving a free Lovato said if the free ture (USDA). lunch. lunch program is denied In- government, Rep. John J. Indian leaders objected to dian children, the suit will Rhodes, R-Ariz., said Delfin Lovato said. "Until the change which requires be filed immediately. Friday. we have been denied serv- eligibility criteria be met He said he thinks the eligi- Rhodes. who is running ice, we have not been hurt. based on family size and bility compliance deadline for re-election in the First But once it happens, we will income. Indian families have was extended because of the been encouraged not to election and "to see whose Congressional District, move. The council would said he will "continue to wholeheartedly support comply with the new man- back the monkey is going to withdrawal of children if push hard for federal dates by their leade: be on." that's the only alternative The state's notification of funding sufficient to en- we have." the deadline extension fol- sure efficient operation of lows Atty. Gen. Toney Anay- existing Indian health fa- Lovato said the Indians a's decision last week to join cilities and create addi- have called the USDA's no- tional facilities for the tice that lunches will be de- the All Indian Pucblo Coun- future." nied children who do not cil in a suit agair it USDA. prove eligibility based on The suit seeks to stop the The congressman dis- family size and income "a USDA from enforcing its cussed the recently bluff." eligibility ruling and enacted Indian Health charges discrimination. Care Act during a meet- NEW MEXICO officials ing of the Indian Health Monday notified the federal JACK UNDERW OOD, as- Advisory Board at the government that it is extend- sistant attorney general as- Phoenix Indian Medical ing the deadline for compli- signed to the State Depart- Center. ance with eligibility rules ment of Education. said the He described the meas- another month to Dec. 1. deadline for compliance "had to be extended because ure, which he co-spon- we didn't want to cut off any sored, as "a far from per- Indian children before we fect piece of legislation got our suit filed." He said it but far better than any- thing we have had up to this point. It is a beginning." Rhodes said he urged President Ford to sign the bill, which provides 525 new positions in the In- dian health system and $337 million for new In- dian health-care facilities. ORME DAM LOCATION ENDORSED NOV 1376 Building That Turned Up Phoeny pagette In Flood Plain Legalized By DON WARNE structure will be under water in event of tional $4 million cost to the county. Maricopa County supervisors today a 100-year flood. Some Skunk Creek area residents prefer "legalized" the building erected in Mesa The oversight surfaced when the the proposed Adobe Dam there be in violation of 1975 state flood plain owner of the adjacent property. Ray- lowered. with a backup dam built to regulations, after being told the owner mond Miller, requested a permit to contain flood waters. otherwise would sue. construct an addition to an existing building on his property. In other flood-related action, the board The request was turned down and recommended that the Central Arizona Project's Orme Dam be placed at the Miller protested that the tire company confluence of the Salt and Verde rivers. structure had just gone up. and went on record favoring one flood It was subsequently determined that control dam instead of two over Skunk the county's Building Safety Department Creek. had issued Arizona State Tire Co. a COUNTY OFFICIALS learned belated- permit without checking to determine ly that Arizona State Tire Co. erected a whether the site was in a flood plain. building this year at 2333 N. Country THE COUNTY then revoked the per- Club Drive, Mesa, despite the fact the mits for the tire company building. "I determined that the building did exist and the permits had been issued in error." Scott Clarke, county flood plain administrator, reported. But when lifigation was threatened county officials decided they had no choice but to have the superivsors take action to formally approve the issuance of the permits. Clarke noted there was no evidence of wrongdoing in the original issuance of the permits. but said federal flood insur- ance in the county would be jeopardized if mistakes continue. "We have taken steps to tighten procedures." he said. SUPERVISORS WANT Orme Dam at its presently scheduled location. despite objections by environmentalists a nd Fort McDowell Reservation Indians. Supervisors believe alternate sites would not provide the Phoenix area with ade- quate flood control protection. They opposed two dams in Skunk Creek because there would be an addi- NORTHERN CHEYENNE WILL VOTE NEXT YEAR ON FUTURE OF 1.5 TRILLION TONS OF COAL The Northern Chevenne Indians will hold a "Full control" would probably mean some sort of referendum next year to determine the future of coal venture with a company in which the tribe would retain development on their reservation in eastern Montana. majority control. Rowland says that he could that The tribe unilaterally voided leases several years ago the tribe have jobs in the venture, if possible. most of the covering 214,000 acres about 49 percent of the top ones. reservation. Development prospects have been in limho The Energy Daily Friday, October 29,1976 ever since. The Northern Cheyenne Reservation overlays In the original leasesa the tribe was to receive cents an estimated 1.5 trillion tons of coal, much of it low in per ton in royalty paymentsr Rowland says that under sulfur. new leases, the tribe would ask for S10iper tonwBut, he says, "I don't know if the operators want to pay thats" "The Cheyenne voided the leases with Consolidation Rowland also has fairly specific conditions in mind for Coal and Peabody because they believed that they had resuming negotiations with the companies. "We want been issued illegally. The tribe claimed that the Interior them to tear those leases up and come in and wo'd start epartment's Bureau of Indian Affairs had committed even. I don't think they'll do that." 36 violations of regulations regarding leasing on tribal lands. In an unusual concession to tribal sovereignty. Although Rowland may funwilling to predictive then-Interior Secretary Rogers Morton agreed that ourçume of a coal referendum. thirty-simtribal members Interior would pay the tribe's legal fees if they chose to who. visited the Black Mesa Mine, on tho, Navajo sue the BIA. No suit has been brought, but the tribe and Reservation in Arizona are convinced that mining should the coal companies have been unable to agree to terms be banned on the reservation. Before thetrip, organized lor renewed leasing. by the tribe's coal research office. opinion was divided among the group After the visit. opinion was unanimpus Tribal Chairman Allen Rowland told The Energy against mining. All those who visited the Navajo Daily that, while he wouldn't predict the outcome of the Reservation expressed & desire to leavetheir Imading its referendum, 'If they decide to go for development, I undisturbed state, despite the additional money that coal think the tribe should be in control. We'll have to have development would bring in. Said one. don't like to full authority on mining volume. acreage and other have our land ruined and money doesn't mean factors." everything.' BISMARCK, N. D. Court rejects TRIBUNE D. 19,000 Indian plea OCT 18 1976 WASHINGTON (AP) The the lake. Supreme Court on Monday ref- The Salish and Kootenai Fort Yates Children used to hear an appeal by the tribes were given the reserva- Salish and Kootenai Indians of tion lands as part of the Treaty See Teacher Interns Montana that part of reserva- of Hell Gate in 1855. The reser- ¡tien lands granted them in a vation included the southern Teacher Corp interes were 131-year-old treaty were unlaw- half of Flathead Lake, its lake introduced at a recent fully taken. bed and banks. American Indian Day The court let stand a deci- James M. Namen, who owns celebration at the Fort Yates sion by the 9th U.S. Circuit and operates a business adja- elementary school. Court of Appeals that landown- cent to the southern portion of Interns earning degrees (ers bordering Flathead Lake., the lake, was sued by the con- ,part of the sprawling Flathead federated Indian tribes in 1973 while team teaching with Fort Yates instructors include Indian reservation, can enjoy when he began building a access to and build wharves on breakwater on the lake. Curtis LeBeau, Arlea Ellert- Tribal spokesmen said the son, Linda and Paul Comeau, breakwater denied Indians the Errol Crow Ghost, Virgil use of part of the lake, in viola- Tioksin and Lillian White tion of the treaty. Temple. Parents were briefed A District Court and later on several federal programs the circuit of appeals denied the including Teacher Corp, Title I Indians' right to prevent adja- and Follow Through. Fort Yates élementary BILLINGS GAZETTE cent owners landowners from building on the lake. classes participated in the BILLINGS, MONTANA The Indian tribes argued un- Indian Day celebration with Date 11/2 successfully to the Supreme displays of Indian légends, Court that the lower court rul- singing and dancing. Fry ings tarnished the integrity of bread, wojapie and refresh- the original treaty. ments were served following the program. About Nonintercourse When Wampanoag Chief Massasoit THE LAW celebrated Thanksgiving in 1621 as a guest of the Plymouth Colony pilgrims, mated value of the property, which the his tribe occupied an area that ran from Indians had handed over to the state in Cape Cod north almost to Boston. With- a series of ancient agreements: $25 bil- in 50 years, land-greedy colonists had lion. Last December a federal appeals forced the Indians into a corner of their judge ordered the reluctant Justice De- territory, some 20,000 acres in an area partment to take on their case, and he known as Mashpee on the southwestern recently reminded the department to shore of Cape Cod. After another two start action by Nov. 15. The state attor- centuries, the state of Massachusetts de- ney general's office insists that the Indi- cided to turn the reservation into a town- ans' claim is "without merit." but the lit- ship, and the Indians naively sold off igation has already weakened state and their land, bit by bit. Today 500 Wam- local bonds. Says State Treasurer Rod- panoag are still living in Mashpee (total ney Scribner: "We've been scampering pop. 2,500), but new housing develop- around and plugging the leaks like the ments now surround the salt marshes proverbial little Dutch boy." Adds Mil- and ponds that the Indians once raked linocket Town Manager Michael La for scallops and quahogs. Mashpee's ex- Chance, who saw two of his town's pensive ocean-front property is dotted $500,000 borrowings collapse: "We're with signs that shout PRIVATE, KEEP hoping someone will inject a note of GRACE OUT! Standing on a windswept bluff common sense. Until that happens, it's above a beach road blockaded by boul- an economic disaster." ders, Russell Peters, 47, president of Indian Offensive. Aroused by the INDIAN ADVOCATE THOMAS TUREEN the Mashpee Wampanoag tribal coun- possibilities of victory. other tribes are "It's their land." cil, bitterly told TIME's David Wood: besieging Tureen with their demands. "I haven't set foot on this beach for 40 His eight pending suits now include the Mashpee, where the Indian offensive years. We will get this beach back." Oneida claim to 300,000 acres in New has hit closest to home. Others. how- That beach and then some. Provid- York State, the Narraganset claim to ever. have adopted a more philosophical ed, that is, that a young lawyer named 3,200 acres in Rhode Island and the attitude. "If the suit is successful. it is Thomas Tureen can convince the courts Western Pequot claim to 800 acres in not going to make such a major differ- to accept his theory about the Noninter- Connecticut. Says Tureen, who lives in ence," says local Attorney Richard course Act of 1790. This much amended a farmhouse outside Calais, Me., but flies Cohen. "The title of the town will act states that "any title to Indian land about new England in his own Cessna: change hands. and the homeowners will obtained without federal approval is null "It's their land. Legally it's theirs, and end up paying the same kind of 'rent' and void." Tureen's theory is that this they can have it back." that they pay now under the name of act invalidates many subsequent land That prospect has some real estate taxes. What we'll end up with is a pret- sales throughout New England. In developers in a rage. particularly in ty prosaic town. run by Indians." Mashpee. specifically. a class-action TIME, NOVEMBER 15, 1976 filed in August demands the return of virtually the entire town to the Wam- panoag. The suit, however, would allow householders to stay as long as they paid "fair rental value," which could amount to more than $2 million annually. Though the suit could drag on for years. the town was stunned to learn in Sep- tember that the leading Boston bond counsel. Ropes & Gray. refused to okay a $4 million bond issue for a new school. Its reason: since Indian lands cannot be taxed. a Wampanoag legal victory could wipe out the tax base for paying off the bonds. Word spread quickly to local banks, which began shutting off mort- gage loans. Says Mashpee Selectman George Benway: "Ninety-nine percent of all real estate transactions have stopped. Building funds have dried up. The whole town has stopped." Governor Michael Dukakis has al- ready signed legislation to rescue Mash- pee for the time being by guaranteeing the town's credit. but the Wampanoag case is only the latest battle in a new In- dian uprising against the while man finight this name In the 11 staff ed in Maine. where Attorney Tureen. now 32. arrived from St. Louis with an interest in Indian legal problems. In 1971. with Tureen's help, the Penobscot and Passamaquoddy tribes set out to sue the state, claiming title to 12.5 million acres-two-thirds of Maine. The esti- Nov.7,1976 Nov. 42 The inventory, which was begun in The papers charge: "Cavett's arrange- Cavett Returns January and is estimated to cost $100,000, ment with Dockstader to obtain the arti- is about one-third completed. It marks fests from the museum were as follows: the first attempt to catalogue the vast In exchange for 'donating' certain pro- Indian Artifacts collection of Indian art and artifacts Columbian artifacts to the Museum, CA. hrought together early In this century by vols received # full tax deduction on those George 0. Heye, an engineer who bullt Items plus four Plains Indian artifacts, a fortune out of his Standard OII Com- 1.6. the war shirt, shield and shield cover, To a Museum pany investments. and two buffalo hides. This constitutes The collection, which includes hundreds a double benefit clearly prohibited by of thousands of arrowheads as well as law." priceless pre-Colombian gold statuary, is The court papers said that Cavett do- By FRED FERRETTI regarded by art historians and an- nated 53 Items, to the museum and that Dick Cavett has returned to the Mu- thropologists as the most comprehensive his "interest in the museum centered on seum of the American Indian four arti- in its field. No attempt has ever been the possibility that he could obtain some made to assess its monetary value. of its artifacts for his private collection." facts that the State Attorney General's Mr. Heye built the Museum of the office charged he had obtained from the Jerican Indian at Audubon Terrace, $400,000 Damage to Carrier museum unlawfully. 163th Street and Broadway, and the re- NORFOLK, Va., Nov. 5 (AP)-The Navy The pieces-a beaded Sloux war shirt search annex was built on land that once said Friday that it would cost $400,000 and buffalo robe, an Oto buffaio robe belonged to the naturalist John James to repair damage to the aircraft carrier and a buffalo-hide shield with eagle- Audubon. Mr. Heye remained the autocrat John F. Kennedy in a collision Sept. 14 feathered deerskin covers-were the sub- of the collection until his death in 1958. with the destroyer Bordelon north of ject of a State Supreme Court motion The museum was then run as a fiduciary Scotland. The Bordelon was reported trust by its board of trustees. earlier to have been heavily damaged in for a summary judgment against Mr. Cav- 1960 Dr. Dockstader was appointed the collision in refueling operations, but ett which was sought by Attorney Gener- director. In 1974, a trustee, Dr. Edmund this was the first confirmation that dam- al Louis J. Lefkowitz's office last July. Carpenter, an anthropologist, charged Dr. age to the carrier had also been "sub- The court action-grew out of the office's Dockstader and the board of trustees stantial." two-year investigation of the museum's with mismanagement of the collection, deaccession, investment and financial inaccurate record-keeping, questionable policies. policies of deaccession - in which pieces were removed from the permanent collec- The investiagtion has resulted thus far tion for sale or trade-and conflict of in the dismissed of the museum's former interest. director Dr. Frederick J. Dockstader, the resignations of six trustees and the begin- Disposal Called 'Surreptitious' ning of an inventory of the museum's The investigation by Mr. Cooper result- four-million-piece collection. ed in a complaint from the Attorney Last July, in demanding the return of General's office charging the trustees the Indian pieces, Assistant Attorney with disposing of parts of the collection General Joel Cooper, who directed the in a "surreptitious and wasteful" way, state investigation, accused Mr. Cavett and an order was issued prohibiting Dr. of "a reckless indifference to the legality Docstader and the trustees from dispos- of his transactions when the law clearly ing of any other pieces. requires a much higher standard of con- Dr. Dockstader was first removed from duct." any connection with the collection and Mr. Cavett, through his lawyer, Steven later was dismissed, in October 1975. A Landers, resisted until Thursday. Then he new administrator, Alexander Draper, returned the pieces. They were picked was appointed to oversee the inventory up by a museum representative at Mr. process. Cavett's East 79th Street apartment and According to court papers filed by the taken to the museum's research annex Attorney General's office, Mr. Cavett's on Bruckner Boulevard, in the Pelham dealings with the museum and Mr. Dock- Bay section of the Bronx. stader went like this: Exchange of Stipulations Dr. Dockstader would show interest in On Monday, as part of the agreement a. piece that a dealer had usually an for the return, the Attorney General's of- item of pre-Columbian art-and would fice and Mr. Landers will exchange stipu- notify Mr. Cavett's accountant. lations in State Supreme Court-Mr. Cav- The dealer would deliver the piece to ett will attest to the return and Mr. Coop- the museum and pick up a check from er will agree to drop the motion for a Mr. Cavett's accountant. A clay figure summary judgment. was bought for $800, the Attorney Gen- A spokesman for Mr. Lefkowitz refused eral said, and once it had been given to to comment on the arrangement except the museum it was valued at $2,000. Later to confirm that the four Items had been Dr. Dockstader would ask Mr. Cavett returned and that a court appearance was which pieces in the museum's collection scheduled for Monday. he would like to change from so-called Mr. Landers likewise confirmed the re- "loan" status to "gift" status. This was turn and said: "Next week Mr. Cavett done in connection with Mr. Cavett's in- will have a full statement on the matter." come tax reports. Meanwhile, the investigation of the mu- One letter, attached ot the court papers, seum's collection goes on. shows that gifts which initially cost $17,- 700 when they were given to the museum subsequently valued at $39,735. The Seattle Daily Times P 218 SUN 200,628 OCT 22 1976 Forum to focus on Indian way of life By PATRICIA YU297F Indians before white people came had the most perfect socie- The difference was based on the ty, believes Barbara Means, an stereotype that Indian women are Oglala Sioux That's because they promiscuous, and that 11 didn't had God, the Great Spirit, as head matter as much if they were of their government and prayed raped, she said for guidance before making any Ms. Means maintains that she decision. never knew what sexism was until All could benefit by learning she left the reservation in South more about the Indian philosophy Dakota, because the Sioux believe and way of life, agreed Yvonne Wanrow, a Colville Indian. "The in equality. message Indians have to give is Women always have been on the tribal council, although not in something really important. numbers equal to men, Ms Means The two will share their views at a public forum, "Native Ameri- Barbara Means admitted She said that many of the women did not have the edu- can Women in Action: Many cational level needed and that Fronts, One Struggle," at 8 p.m. today at the University of Wash- those with young children thought ington HUB auditorium. It is spon- it important to raise them before sored by Campus Radical Women becoming politically involved. and the Freedom Socialit Socialist Party. BOTH WOMEN plan to speak Ms Wanrow was convicted this evening on Indian parenting. three years ago of killing a man Indians, although they may not who. she has said, she believed wear buckskin any more, still are was threatening herself, her child transmitting Indian traditions and dren and those of a friend. philosophy to their children as strongly as ever, Ms. Means said. HER CONVICTION later was Her grandmother, she ex- reversed and 8 new trial ordered plained, told her to compare white on the grounds that a taped cover- and Indian cultures and take only sation during which she reported Yvonne Wanrow. the best from white society. To the crime to the police was inad- Ms. Means, that's education. In missible as evidence. The Spokane SHE BELIEVES that she was the course of her studies, she is County prosecutor's office ap- judged after the shooting by stand- comparing Indian literature - pealed the reversal and she's ards that condone violent acts by much of it written down incorrect- awaiting # decision the men and condemn them by wom- ly by whites - with the personal Supreme Court. en. The disputed tape, on which recollection of older Indians in an Ms Means is a senior in Native she discussed the shooting in a effort to correct it. American Indian, literature and calm voice, was misinterpreted She pians to return to the reser- creative writing at the University for another reason, she thinks. vation and use her education to of Washington She is from Because she did not reaci in a teach and to write books for chil- Wounded Knee, S.D., scene of the state of hysteria as her white dren. American Indian Movement occu- woman friend did, Ms. Wanrow Ms. Wanrow said that her pation in 1973. said, people immediately thought speaking engagements and travel- Ms Means, cousin of Russell of the stereotype that Indians are ing work a hardship because of Means, an AIM leader, helped to cold blooded savages But as Ms. her children, and she tries to limit found the Ogiala Sioux Civil Means pointed out, Indians have the length of her trips for the sake Rights Organization. always been taught to remain of her family But in her travels, Ms. Wanrow has become an ac- calm in crisis situations. she's gotten an even greater un- tivist since the shooting, which de- Recum towards Indian women derstanding of others' problems veloped into a rallying point for has shown itself in many ways, and feels she should help If she feminists and those concerned Ms Means has discovered through can. with Indian rights. her research She found instances "It's so essential, so neccessary. She said II has been difficult to in whuch an Indian who raped a It's necessary because of my chil- tell whether the oppression she's while woman received a life sen- dren If I'm going to help my chil- faced was due to her sex or her tence. while one who raped an in- dren, it's got to be done.' race. duan woman received as intle as a year's imprisonment The Salt Make Trilmne SALT LAKE CITY. UTAH D. 302 SUN 168,358 OCT 20 1076 BIA Turnaround Aids Indians, Executive Says By Vandra Huber Tribune Staff Writer Within the last eight years, there has The native of Tanana, Alaska, was voice in tribal government, they ought been a revolution in the Bureau of critical of the recent controversy in the not to be controlled by Indians," he Indian Affairs. In- Indian community over a memo writ- explained. dians are finally ten by Howard Borgstrom, a federal David Berg, representing presiden- speaking for In- budget examiner. The memo redefined tial hopeful Jimmy Carter, termed this dians, Morris the government's position with Indians. approach to governing Indian affairs a Thompson, com- Indian officials at the convention Mon- conflict of interest. "The BIA can not be missioner of In- day had termed it a detrimental a real advocate for Indians when they dian affairs, De- method of terminating federal relations are representing both the Indians and partment of the with Indians. the government seeking such things as Interior, said Mr. Thompson said the interpretation Indian water rights. That's a real Tuesday. is a "complete misrepresentation of the conflict of interest," the lawyer exp- The Athabascan facts and does not represent the way lained. Input at All Levels Indian was in Salt the government feels at all. Lake City to par- He said Gov. Carter is pledged to ticipate in the "Mr. Borgstrom was not in a policy- having Indian input at all levels of his 33rd annual con- making capacity. The note expressed administration. his views and is not the official vention of the Na- tional Congress of statement of the department, he said. Brad Patterson, coordinator of In- dian policies for President Ford, said American Indians Reservation Issue that Indians, through the Ford ad- at the Salt Palace. Law and order on reservations, he ministration, now have advocates in 34 "The agency is continued, is the biggest issue facing offices in 21 agencies in Washington, 120 years old. But the Bureau of Indian Affairs. He noted D.C. Mr. it wasn't until 1966 Thompson that the government has recognized From 1969 the budget of the Bureau of that the first person of Indian extrac- Indian rights to set up their own court, Indian Affairs has risen from $270 tion headed the agency. Non-Indians police force, set grazing fees. But they million to $785 million, he said. have really run the show until the 1970s. have not resolved the question of Samuel Deloria, director, University Now, all but one of the top positions - jurísdiction over non-Indians. "of New Mexico Indian Law Center, commissioner and six directors - are "This is an issue that will have to be criticized both presidential representa- Indian," he said. determined by Congress. Non-Indians tives, saying that if they are SO Strides, he said, have also been made were invited onto the reservations in concerned with Indian issues and want in other areas. Tribal governments are the late 1930s without Indian consent Indians to have a voice in their policy now recognized as contractual agen- but with the consent of the government. making procedures, "why then did both cies. The Indian Financing Act pro- They feel that because they have no President Ford and Jimmy Carter elect vides loans and grants to improve the to send two turkeys instead of Indians economy of the tribes. to an Indian convention?' Mr. Deloria also critlcized both Erosion Reversed presidential candidates' plans to in- "During the last six years. the crease national parks. historical erosion of the amount of lands owned by the Indians has been reversed. In 1971 the largest land settlement in the history of the U.S. was made. giving Indians 40 million acres in Alaska,' he said. Rocky Monntain News Dentist underdog in DENVER, COLO. D. 214,490 SUN. 236,903 race against Evans OCT 21 1976 By DOUGLAS KREUTZ "HE'S NOT TAKING anything for granted," Vens Statf Ballas said. "He's got a full campaign sched- Melvin Takaki is a Pueblo dentist who would ule, working as hard as he always has. like to stop filling cavities and construct what Probably owing to the fact that the candi- he considers some long-neglected political dates are friends, their campaigns to date have bridgework between Colorado's Third Congres- been uncommonly "clean," featuring a mini- sional District and the federal government. mum of ad hominem potshots and concentrating on issues and records. To do this. Takaki, 38, will have to defeat six- The main issue appears to be economics, term Rep. Frank Evans, D-Colo., Nov. 2. with particular emphasis on unemployment. Republican Takaki, the underdog, thinks his Takaki criticized his opponent for trying to chances of winning are improving every day. solve unemployment problems with federally But Evans. while not writing off his opponent, sponsored jobs rather than "real jobs." figures Takaki would be well advised to post- "Evans would like to see the Congress cough pone turning away dental patients until after up billions of dollars to give everybody tempo- election day. rary jobs," Takaki said. "That sounds fine, but Both men have spent much of October rang- what does it really mean? If the Congress pays your salary, your job can be cut the minute that ing around the massive Third District, roughly the southern half of the state. Toward the end of Congress decides that you've had it." the month. however. the road tour to places According to Takaki, the only way to solve such as Delta, Durango. Pagosa Springs, the unemployment problem is to coax industry into southern Colorado. Alamosa, Lamar, Del Norte, Gunnison, Lead- ville. Buena Vista and Canon City will give way Evans says he has been doing exactly that. to a home stand in Pueblo County, where about 30 per cent of the district's votes usually are IN A RECENT INTERVIEW he pointed to his cast plans for an economic development region for the high plains area, including parts of south- EVANS' MESSAGE IS simple and solid: You eastern Colorado. He said he and 16 other legis- know me. I've done a good job. Let me lators have proposed that $1.2 million be spent to set up an agency within the Commerce De- Challenging Republican Melvin Takaki continue. Takaki's bid demands a little more ground- partment to coordinate and help finance local "My biggest problem is name recognition work In an interview with the News, he ex- and state efforts to bring jobs into the area. appearance are those of taxation and plained: "My biggest problem is name But he added, "If private industry can't pro- recognition. There are people out there who vide jobs for all those seeking jobs. we can do sharing. don't know me. But started on the West- one of two things. We can either allow these Evans said the accomplishment of which he ern Slope, walking precincts and meeting peo- people to live off unemployment compensation, is proudest during his most recent term is Con- welfare and food stamps, or give them an gress' passage of his "Payments in Lieu of ple. and we'll continue with that.' To complement a full schedule of flesh press- opportunity to work through government jobs. Taxes" bill. The bill, signed late Wednesday LV ing and speech giving, Takaki has engaged a Evans said his idea of a good government- President Ford, will reimburse counties for campaign staff of four paid workers and hun- sponsored employment program would be one loss of revenue due to large federal accreage. dreds of volunteers. flexible enough to expand when jobs were scarce and be scaled down when jobs became "THE CONGRESS has finally made up for Terry Weldon. his campaign manager, said: more abundant in the private sector years of inequity with this bill." Evans said "We've raised about $86,000. and we look for- ward to about $15,000 more coming in to us. A Other economic issues that get batted around For years, the counties have been providing services on federal lands and in turn. ave lot of it IS used to pay for space in the media, at practically every Evans or Takaki campaign ceived very little repayment. He said the but one of the most important uses of money is measure will provide about $8 million in "no- to get back out into the field. to travel this strings-attached funds" for Colorado counties district Weldon said Takaki and his staff have logged Takaki said he would rather nanimize the 82,000 miles by car and 21,000 by air since the federal government's role in correcting eco- candidacy announcement in February. nomic problems and concentrate on more Bill Ballas, who is directing Evans' cam- "natural" solutions. paign. said the 53-year-old congressman will be stumping the district until election day - re- We have to stop driving small people out of minding voters of his accomplishments and business, and we have to encourage more pri- vate businesses to expand," he said. He said preaching the value of experience. that if he is elected he will work for an assort- ment of tax subsidies that will encourage small businesses and offer economic incentives to firms that enlarge their work forces. Takaki criticized Evans for denying states an important source of operating funds by oppos ing revenue sharing programs. "We continue to differ in what the role the federal government should be." Takaki s.id. "He has consistently voted against ue Colorado "sunset law" concept to federal agen- ED GARDNER, Evans' Colorado aide, said cies. Sunset laws require agencies to justify about $25,000 had been raised for the campaign their existence every few years or go out of and that he expected about $10,000 more to existence. come in during late October. Evans and Takaki, both Pueblo natives. According to Ballas, Evans is going to win in agree that their race could be one, although the steady, strong way he has won in the past. polls have indicated Evans has the edge. "The only thing that might arise to cause a Evans, the senior member of the Colorado problem is the general atmosphere of the pub- delegation, entered the House in 1964 after lic and the cynicism they have against Con- upsetting longtime Rep. J. Edgar Chenoweth, a gress," Ballas said. There appears to be a Republican. He hasn't had a close race since feeling among certain segments of society that 1968, when he ran against Republican Paul the best way to accomplish things is by getting Bradley, and earlier this year he easily defeat- new faces. This, of course, we don't agree ed William J. Gradishar in the Democratic with." primary. According to Weldon, a Takaki victory might Takaki formerly served on the Pueblo City be almost as much of a shock to Takaki as to Council and as mayor, He said his participation political observers - but victory is becoming in Pueblo's non-partisan city government earn- more likely every day. ed him the respect of voters from both parties. "I don't think Takaki even conceived that it WELDON SAID several influential Pueblo was possible to win as a Republican in this dis- area Democrats are S0 impressed with Takaki trict," Weldon said. "He's running against a that they've volunteered their time and serv- six-term incumbent, and at first he didn't have ices to his campaign. They include campaign visions of carrying this thing through. But now chairwoman Nancy Baker and campaign treas- it's gotten so we have a candidate who is stand urer Roger Harper, both of whom have forsak- ing out there saying, 'My gosh, it looks like en their favorite party in favor of their favorite we're going to win this thing. I can't believe candidate. it. Running against Evans and Takaki, but NEWS PHOTOS Rep. Frank Evans apparently attracting scant support, are inde- You know me Let me continue. pendent candidate Henry Olshaw and La Raza Unida candidate Alfredo Archer. sharing and has been very reluctant to release Takaki and Evans have full campaign sched- any authority to local governments." ules between now and election day, with emphasis on Pueblo County. Only two mutual EVANS SAID HE CONTINUES to oppose appearances have been scheduled - both on revenue sharing because federal programs local television stations. seem to work better, but he added that he Takaki said he'll spend the remaining days would agree to extend revenue sharing for making sure voters have at least heard of three years because a sudden cut-off could Takaki. Beyond that he'll try to convince them cause unnecessary complications. that his relatively recent entry into partisan Another campaign issue that has attracted politics makes him a cleaner, more objective considerable attention, especially in rural candidate than his opponent. He'll promise re- areas, is gun control. peatedly to go after big government with an ax Takaki is opposed to new restrictions on and remember the plight of the unemployed ownership and registration of weapons on the when he gets to Washington. grounds they would limit a right while failing to solve crime problems. EVANS WILL REMIND constituents of what Evans said he believes strict gun registration he has done and what he is doing. Among his laws would assist attorneys prosecuting cases favorite topics are: involving firearms. -The problems of farmers and ranchers. He "Gun legislation isn't going to stop crime," has urged that Ford sign the Emergency Live- he said, "but it would assist in the catching of stock Credit Act extension, which would make criminals and would be helpful in court." it possible for ränchers suffering bad years to Takaki says the first thing he'll do if voters get loans backed by the government. send him to Washington is to find a way to cut -Water. "I'm greatly concerned that we con- the fat out of big government. tinue funding the Colorado water projects S0 that our water can be put to a beneficial use in "WE NEED A complete reform of the review this state." process in government," he said. "One of the -Indians. According to Evans' campaign first priorities is to have Congress clean itself handouts: "When Southern Ute and Mountain out. We have to see which federal government Ute Indians asked for medical funds, Evans. agencies are needed and which are not. There's fourth ranking member of the Interior appro- a tremendous amount of waste in the bureauc- priations subcommittee, inserted into the budg- racy of government." et about $1 million for a new health clinic in Evans evidently agrees. Last May he intro- Ignacio and aid for a hospital in Cortez." duced a bill in the House that would apply the -Military spending. "The nation must retain a strong defense. However, I seriously doubt the need for the B-1 bomber and additional expensive and vulnerable nuclear aircraft carriers. Also, I believe the Trident submarine program should be slowed down. In my mind, one of our greatest defense needs is an acceler- ated naval ship-building program to replace our dangerously aging fleet." Familington Daily THICS UCI 2 y N/O MINNEAPOLIS AIM Schedules Protest Fli INCE AND Over Alleged Incidents OCT 16 1976 PONCA CITY, Okla. (AP) what he termed years of the brutality charges. Members of the American brutality toward Native Ameri- The allegations of brutality GENERAL Indian Movement (AIM) have cans throughout the country, to were raised in an Oklahoma tentatively scheduled a rally support Carter Camp "and City news conference Tuesday CONSTRUCTION here Nov. 3 to protest allega- other Native Ameican POWs," by David Hill of the national tions an Indian was mistreated NEWS and bring to light the plight of AIM organization. He said an while in the custody of Ponca Native Americans in Ponca Indian was mistreated after HEIGHTS TO. City police. City. Noear made his com- being taken into custody by NEW PLANT Roland Noear of White ments after a group of AIM Ponca City police, and said U or M-DULUTH TO Eagle, head of the local AIM members met with Mayor then that plans were being set BUILD COAL GAS PLANT movement, said Wednesday Kenneth Holmes and other city for the rally. the rally will be held to protest officials Wednesday to discuss In a prepared statement ST. PAUL AND VICINITY issued before meeting with the Plan in Progress Indians, Holmes said Police Vadnais Heights. Dynamic Air Chief Norman Coffelt had Co. Roseville, will build. a new plant in Vadnais Heights!" Com- asked "that an outside inquiry pretion is scheduled for February, OCT 1976 be made by the FBI" into the 1977. Albuquerque Tribune allegations "because of his wishes to obtain an impartial OUTSIDE THE TWIN CITIES Contract Awarded Indian fights ouster review of these matters." Byron to build Lutheran church Holmes said he understood addition. Benike Construction Co. SANTA FE (AP)-The deposed president of the Jicar- the FBI does not normally has been awarded the general contract for construction of an illa Apache Tribal Council, Charlie Vigil, says he will conduct such probes unless a peachment. fight his ouster by seeking a referendum vote on his im- formal brutality charge is addition to Christ Lutheran lodged by the alleged victim, Church. The addition consists of a library, three classrooms and an And Vigil said he will ask for a Department of Justice but that he and other city extension of the church. investigation of alleged violations of civil rights, includ- officials hoped the FBI would Case Lake starts ing his own. investigate. housing project. Ground has been He also said he is going to seek a petition for recall of The mayor said an internal broken on the Leech Lake Indian the seven council members who voted to impeach him investigation is partially com- reservation for a $5 million, 100 Oct. 16 and a petition to fire the tribe's long-time legal pleted and early results in- unit housing project. Minnesota counsel, Robert Nordhaus of Albuquerque, who he said dicate the Indian who allegedly Chippewas Construction Co. is the "has supported the present council more than he has the was mistreated had been in an ganeral contractor. The project is plain, grassroots people." altercation before police ar- financed by HUD. rived. Plan in Pregress Duluth, heating plant for U of M. ballot boxes and attempting to fix a tribal election. Vigil also accused his political opposition of stuffing The University of Minnesota- Duluth has received a $2.2 millien grant from the Federal Energy Vigil's impeachment was disclosed Wednesday. Research and Development Ad- He told the news conference that after he received ministration for a coal gasification notice of the impeachment move, he asked for a delay of a heating plant. Construction is to be few days to obtain an attorney. completed by February, 1978. Plainview to build feed store and He said the council refused, so he told them he would warehouse. Wm. Krefosky Con- not participate in a kangaroo court and walked out. They struction Co. has been awarded the then voted to impeach him and this, he said, violated his general construction contract for a constitutional rights because he was entitled to be present new feed store and warehouse for with an attorney of his choice.' Peoples Cooperative Assn. The Oreamutan Deseret News DUE SALT LAKE CITY, UTAH OCT 20 1976 OCT 1 8 1976 Indians "I feel council mem- bers should be absolutely free to exercise Indepen- Custody After some hearings and investigations of both home situations, dent judgments on behalf seeking of the people they serve," of Indians Hermansen awarded custody to the Toms: Lane said. Crockett said Utah law removal That cannot be done, he added, if council mem- is settled provides for transfer of cases between jurisdic- bers thre "beholden to tions as if the case had SILETZ - Members of agencies from which they A battle over custody originally been filed in a the Confederated Tribes get their paychecks." of three Indian children certain court. of Siletz Indians are ask- whose parents died sev- Lane formerly served eral years ago has been Regarding the lack of ing for the resignations as director of a statewide of the tribal chairman settled by the Utah Sup- standing of the Toms, manpower program for Crockett said the court and vice chairman. feme Court. the Portland Urban Indi- recently ruled in a case Joe Lane of Portland, In a unanimous deci- an Center. involving parentless chil- former tribal chairman, sion, the court upheld a He said he resigned as dren, saying next of kin said the tribe, by a major- Third District Juvenile have a recognisable and tribal chairman in Sep- ity vote, recently ap- Court decision awarding legitimate interest in the tember 1975 because he custody to Mr. aftil-Mirs. children's welfare. proved an amendment to did not want to be Delton Tom, the chil- the tribe's constitution charged with conflict of dreti's aunt and uncle On allowing the county and bylaws saying no interest. Justice J. Allan Cruck- attorney to participate in person can serve on the He continued as a man- ett wrote the opinion He the proceedings, Crock- tribal council who is power employer until said Mr. and Mrs. Wallen ett said the trial eourt holding a salaried posi- January 1976. Baker, also the chil- has wide latitude in at- tion with any federal, Lane man said the trib- dren's aunt and uncle, tempting to determine where the children state or local government al council will meet again appealed a finding by agency involved in a pro- Nov. 6 to consider the is- Judge Merrill Herman- should be placed. gram serving the Siletz sen which gave custody - due. Indians. to the Toms. Lane said tribal cluir- The Bakers said the man Arthur Bensell juvenile court lacked works with the Oregon jurisdiction, the Toms Indian Commission Drug had no standing to chal- and Alcohol Abuse Pro- lenge their petition be- cause the Toms were not gram and vice chairman Robert Rilatos works on the parents and the court erred in involving the a Comprehensive Em- Jumb County attorney in ployment and Training the proceedings. Act manpower program. Crockett said the chil- Lane said those rela- dren were born to Mr. tionships raised a fear and Mrs: Eldon Pikyavit that conflict of interest on the Moapa Indian Re- charges could be leveled servation In-Moapa; Nev. against the Siletz in fu- Their father died in 1973 ture dealings with feder- and their mother in 1974. al, state or local govern- The children lived with ments. the Toms and a grand- The tribe is engaged in mother, Mrs. Ethel Tom. a fight to have itself re- Crockett said upon cognized once more by hearing rumors the chil- the federal government. dren weren't being prop- Lane is one of the leaders erly cared for, the Bak- of the restoration move- ers took the children and went back to their home ment. in Jumb County. The Bakers filed a peti- tion in Second District Juvenile Court in Bult Lake County for custody of the children and ob- tained a temporary order. Arizona Republic Phoenix GAZEHE OCT 2 3 1976 OCT 2 8 1976 San Carlos police seize Indictments Sought crashed plane and dope SAN CARLOS - Reservation police Friday confiscat- In Navajo Fund Loss ed an airplane and some 1,500 pounds of marijuana that were aboard. Everett Littlewhiteman, San Carlos tribal special By RICK LANNING Los Angeles to freeze the remaining officer, said the twin-engine Piper Comanche crash- The U.S. Attorney's office asked a funds. Ellorts have been under way by landed on a mesa north of here Thursday, and the federal grand jury in Phoenix today to attorneys since April to get back the occupants fled. Police conducted an unsuccessful 24- return an indictment charging conspira- Navajos' money. hour surveillance, he added. cy and misapplication of Navajo tribal The indictments requested today- by Authorities were not able to determine who owns the funds against three persons connected the U.S. Attorney's office allege eight with the defunet American Funding Co. counts of conspiracy, misapplication of plane, valued at $85,000. of Beverly Ilills, Calif. tribal funds. and interstate transporta- Littlewhiteman said one wheel and a landing gear tion of stolen funds. Asst. U.S. Atty. Gary Scales, a special were damaged. prosecutor from the Justice Depart- EARLIER THIS year the Navajo Hou- ment's Washington office, said he ex- sing Authority sued American Funding pected "momentary indictments" for $4.5 million in funds that NHA said against the suspects, one of whom is a had been invested with the firm. NHA OCT 3 1 1976 former high-ranking official under said the money, which it was unable to Farmington Daily Times Tribal Chairman Peter MacDonald. recover, had been illegally invested with the company. AMERICAN FUNDING; an investment BIA Office Earlier this month it was revealed firm headed by ex-convict Gordon Eldred, has been under investigation that American Funding had paid nearly For Cortez after some $13 million in federal funds $500,000 in commissions to individuals associated with construction work on the The U.S. Bureau of designated for low-cost Navajo housing Reclamation will establish an was given to the firm to invest. When Navajo Reservation. office in Cortez, Colo. to direct Navajo officials asked for the money, Among those receiving finder's fees or the company was unable to come up commissions from the Beverly Hills construction activities on the with it. firm were Pat Chee Miller and Leslic J. Dolores Project, to control the The company was placed in receiver- Hadden, both of Gallup. flow of the Dolores River. Cortez was selected because ship by a U.S. District Court judge in of its proximity to th two dams which are the major features of the project, according to Commissioner of Reclamation Gilbert G. Stamm. "Development of the project will result in improved man- Tribal embezzler gets probation agement of Dolores River flows, providing an increased water supply for industry and A 28 year-old Navajo woman was sen- to $2,400, depending upon an accounting tourist trade and alleviating teneed in federal court Monday to four of funds missing. water shortages for irriga- years' probation for embezzling $148 tion," Stamm said. Arizona Republic from the Window Rock Court of the The defendant pleaded guilty Sept. 13 The Dolores office will be a NOV 2 1976 Navajo Tribe. to embezzling the $148 in an agreement field division of the Western with the U.S. attorney's office for dis- Colorado Projects Office, Doris McLancer, aiso known as Doris missal of five other counts that accused Grand Junction, Colo., which is Blueeyes, of Gallup, N.M., was sen- her of embezzling an additional $1,328. responsible for the general tenced by U.S. District Judge Carl A. Muecke. As a condition of probation, she She admitted stealing the funds while administrative direction of employed as clerk of the court in Octo- project activities. was ordered to pay restitution of $1,400 ber 1974. She no longer holds the job. Construction is scheduled to begin during th during the summer of 1978 on the main dam, the McPhee Dam and reservoir. Drinking Emotional Problem GANADO, Ariz.-Emotional and New Mexico agreed that and seminars appeared to give Indian Affairs Social Services problems must be corrected more funds need to be al- delegates direction on un- in Gallup and Ernest Benally before a drinking problem can located for alcoholism re- derstanding alcoholism, partic- from BIA Social Services in be corrected. That was one one habilitation programs instead ularly as it applies to the Farmington spoke on child of the central themes evolving of creating or fattening gov- Navajo reservation, and how abuse. from the recent Karl Meninger ernment agencies catering to alcoholism as a problem re- Mental Health Symposium that problem. lated to emotional primary and held at the College of Ganado. COG Psychologist Peter G. secondary causes. More than 100 symposium Handeland, symposium chair- Principal speakers included delegates from Utah, Arizona, man, said the series of lectures, Dr. Fred Snyder, chief of mental health services for the Navajo Area Indian Health Farmington Daily Times Service; Dr. Donald Gatch of Rough Rock Demonstration NOV 2 1976 School; Dr. B. Gonzalez, a Public Health Service psy- chiatrist; Ethelou Yazzie, di- rector of the Rough Rock school; and Allan Y. Hill, directors of the Ganado Alco- holism Program. Jesus Alonzo from Burcau of OCT 2 9 1976 Albuquerque Tribune Indian school suit planned Asst. Atty. Gen. Jack Un- would file suit on behalf of wood, "most of them are derwood said today a suit Leonard J. DeLayo, school ashamed to report how littie would probably be filed in superintendent, and the All income they have." the next few days in Federal Indian Pueblo Council. Underwood said the state's Court in Washington, D.C., The suit would ask that the and the Indians' objection is on behalf of Indian school U.S. Department of Agricul- also that the reporting re- children and their families. ture be stopped from requir- quirement violates the fami- Underwood said the state ing that Indian families re- lies' right to privacy. port their income and family IN ADDITION, "The Indi- size as a prerequisite to ob- ans feel it's a charity thing taining free lunches for that they are entitled to as their school children. wards of the federal govern- UNDERWOOD said the ment, which holds their federal government has had lands in trust for them. Be- the power to require the sides, 98 per cent of the reporting since 1970, but has children would qualify any- only now decided to enforce how." it. Underwood said the feder- The federal government al government is being has been accepting blanket "very hard-nosed about it." certification of all tribe The state is now paying children, until now. for the meals, and wants "It's a matter of pride for reimbursement from the the Indians," said Under- Department of Agriculture. ASHINGTON Elected Chief Feuds Oregon Journal ORE With Choctaw Band PHILADELPHIA, Miss., Nov. 9 (AP) The tribal council of the Mississippi Band of Choctaw Indians has voted to OCT 1 4 1976 end the $20,000 salary of Chief Calvin Issac in response to his attempts to enforce federal regulations on coun- cil members. Isaac said earlier that some mem- BPA, Indians Agree hers of the council were employed by the tribal government in violation of federal conflict-of-interest regula- tions and must resign one job or the To Fish Restoration other by Nov. 30. "Regardless of what you do here, By TOM McALLISTER What tion activities is proposed. I'll be here for the next 2½ years Journal Outdoor Editor until my term ends," the 43-year-old WARM SPRINGS m what will be BPA fish restoration funds could university graduate said. "It may a test of its authority to allocate funds handily be channeled through such an come as a surprise to you, but I'm not for Columbia River fish restoration pro- organization representing the whole going to resign." Isaac was elected jects, Bonneville Power Administration Columbia Basin fishery, where it is now to the post in July 1976. Director Don Hodel signed such an fragmented between many state and federal agencies. agreement Wednesday with four treaty Indian tribes. Schausten said BPA has no interest in The salmon-steelhead restoration involving itself in fishery regulation or project, at a cost of one-half million allocation but only wants to increase dollars with 20 per cent to come from the amount of money available for res- the tribes and 80 per cent from BPA, is toration and propagation. to be carried out through the tribes, which will identify suitable projects: Straub in his original proposal spoke Catalyst for the venture was the re- of a $5 million-a-year mitigation fund from BPA. cent recommendation by Gov. Bob Straub that BPA help pay for restora- To test this fishery funding immedi- tion of the Columbia River fishery, ately, BPA elected to go first to the which still produces salmon and steel- Indian tribes because of their strong head minimally valued at more than $73 legal and personal interest in the Co- million a year. lumbia fishery and the added weight an Signing for the Indians who met with state and federal officials at Kah-nee-ta Congress agreement with them might carry in Lodge were Zane Jackson, Warm Springs Tribal Council chairman; Rich- Currently, BPA allocates $191/2 mil- ard Halfmoon, executive committee lion annually out of power revenue to chairman for the Nez Perce Tribe; Les maintain, operate and carry the interest Minthorn, board of trustees chairman on $300 million worth of fish facilities for the Umatilla Tribe, and Watson To- built into the Columbia River dams by tus, Yakima Tribal Council chairman. the Corps of Engineers. A sense of urgency accompanied the memorandum of agreement between BPA and the tribes because the pilot project must be specified and agreed to by everyone before Nov. 30 in order for It to be included in the next fiscal BPA budget. Hodel said he considers the tribes as representative of government agencies and not just fishery users. If the Bureau of the Budget and Con- gress pass on this pilot fish restoration project, involving funds out of BPA rev- enue, it will establish the precedent and make way for additional projects, said Daniel Schausten, assistant to Hodel. Governors of Oregon, Idaho and Washington are studying a Pacific Northwest Regional Commission report in which an autonomous regional com- mission with complete responsibility for Columbia Basin salmon and steel- head research, management and alloca- Water is state's pressing problem, street TRIBUNE CASPER WYO 10/19/76 Indians claim rights JACKSON Sen. Cliff Hansen said there can be no CASPER STAR-TRIBUNE 13/20/26 Hansen, R-Wyo., said he felt long range planning of JACKSON Those "smoke water projects on Reservations. that the resolution of Indian Wyoming's water usage until signals" coming from the "But I deubt that we can water rights under the Winters the Indian rights have been Reservation on Indian water horse trade successfully with Act was perhaps the most defined. rights can spell trouble for the Indians," said the State pressing problem facing Hansen went on to point out farmers in Fremont County and Engineer Wyoming's water future. that another law, Section 404, further downstream in the Big A former state engineer, Hansen was speaking to the gives the U.S. Army Corp of Horn Basin. Floyd Bishop, told Horton: "I Wyoming Water Development Engineers virtual control over State Engineer George concur in the approach, but I do Association at its annual con- all water in the U.S. Christopulos told the Wyoming not share your optimism." vention being held at the "It is conceivable that a Water Development Christopulos also noted that Ramada Snow King Inn in rancher may have to ask for a Association that the Shoshone federal claims to Wyoming Jackson. permit to irrigate his land and Arapaho Indians claim all water cloud future planning for Hansen went on to point out under the new interpretation," the water that runs into, out, water storage projects. that Indians of the Arapahoe Hansen said. through, under or over the Wind Horton announced that the and Shoshone tribes and the The idea behind the law was River Reservation, including Interior Department will confer Wind River Reservation want to cover only navigatible waters any benefits from cloud seeding with Wyoming and Montana the water from the Wind River, to protect agriculture, fishing or water desalination projects. governors on any renewal of ground water, and desalted and other activities. "This really leaves us up in options taken by energy firms water. Hansen said that an attempt the air," he said. "It not only for water stored in Yellowtail The Winters Act passed many of legislative change of Section stops future water project Reservoir on the border bet- years ago gives the Indians the 404 failed by one vote but planning where Indian claims ween the two states. The first right to water that crosses another attempt at change will are involved, but it raises a companies have already been or originates on their reser- be made by the next congress. question for existing projects." notified that when their options vations. Those attending the session Christopulos pointed out that come up for renewal in 1978, applauded when Hansen said the proposed Westside Project they will be referred to the that "The Wyoming State to sprinkle desert lands above governors of the two states for Legislature knows better than the Big Horn Canal between action, he said. the U.S. Congress or any Worland and Greybull could be Horton recalled that the bureaucratic official what is blocked by Indian claims. government sold the options for really needed in Wyoming." Already. he said, the Bureau of Bureau of Reclamation water Hansen was referring to the Reclamation cannot release without consulting the states amount of energy in Wyoming larger blocks of water from originally, and that no en- and its use. Boysen Reservoir for the vironmental reports were filed. "We should give our vast project until the Indian claims Sale of water from Boysen and stores of energy to the nation are settled in court. Yellowtail reservoirs has been for its use, but not at any cost, Christopulos and others en- criticized by agricultural in- Hansen said, "Wyoming has a dorsed the "administrative terests, but energy firms have right to have the land put back approach" to settling the issue, not exercised any options to the way it was found which was outlined by Jack date. The assumption was that Hansen was a luncheon Horton, assistant Secretary of the water would be transported speaker for the convention Interior for land and water to the Powder River Basin of which began Sunday and runs resources. Horton said he ex- Wyoming and Montana for through today. About 150 per- pected an announcement by giant coal conversion plants, sons from Wyoming, all in- Interior Secretary Thomas but escalating costs and SEN. CLIFF HANSEN terested in the use and Kleppe of steps to work with political uncertainties have management in Wyoming's 'Ask for a permit' Indians to develop their own delayed plant construction. water, attended the session. 78-Man Tribe THE NEW YORK TIMES, MONDAY, NOVEMBER 8, 1976 Fights to Keep Its Reservation By MICHAEL KNIGHT Special to The New York Times TRUMBULL. Conn., Nov. 7-The na- tion's smallest Indian reservation won the first round here last week in a fight for "We have always maintained that this its survival when state officials decided was reservation land and that we owned that a one-quarter-acre suburban plot did it," said Aurelius Piper, a Golden Hill indeed belong to the Golden Hill Tribe. who is also known as Chief Big Eagle. The state's ruling, which rejected a "Nobody can come along with a piece competing claim by a neighboring land- of paper and say that it isn't so." owner and reaffirmed an Indian claim to the land that dates to 1659, was greet- Claim Filed by Lawyer ed by the Indians with a nightlong revel Mr. Piper took over the leadership of of singing, drumming and dancing around the 78-member Golden Hill tribe in 1974 a tepee. and began efforts to regain 19½ acres When the dancing ended at dawn and of reservation land that had been sold this quiet residential community on the off a century ago and 80 aeres in what fringes of Bridgeport returned to its cus- is now the heart of downtown Bridgeport. which had been taken by force several hundred years ago. But even the remaining quarter-acre was threatened in July when a Waterbury attorney who owns a building next to the reservation filed claim to the land and then offered to sell it to the state. The claim by the attorney, John Carl Kucej. came days after the only house on the reservation had been torn down to make way for the.new cultural center. and resulted in halting construction while the state conducted a title search on the property. Indians Occupy Land Late last month Mr. Piper and a band of other Indians from across the country moved into a tepee on the reservation- rather than let the land lie contested and unoccupied-and began a series of spirit- ual ceremonies, dancing and praying for the safety and preservation of the reser- vation. "Now that the state agrees with us that this is our land. we can go ahead and make this a gathering place for all Indians," Mr. Piper said after the decision became known. "My uncle never wanted this place known as an Indian reservation and just wanted to live and die in peace, and we respect our elders. But now times have changed and the national mood of Indians has changed." Mr. Kucej. who could not be reached for comment, is expected to pursue his claim in the courts in what could be a long battle retracing the tribe's history and its sometimes stormy relationships The New York Times/James Mechan with the early settlers. Chief Big Eagle, Aurelius Piper ,at In addition, the tribe may sue Mr. Kucej reservation of Golden Hill tribe. over a drivewav that the Indian< claim. according to Roger Smith, a nephew of Mr. Piper. who is tribal coordinator for tomary calm. work resumed on a log the state's Indian Affairs Council. cabin that reservation leaders plan to make into a regional center of Indian culture and activism. BIA tells tribes how to take over BILLINGS GAZETE 10/08/76 By FLYNN J. ELL Butler said the policy was Butler said opposition to the formed under the Nixon Admin- And Indians have the right new policy is varied. including Of The Gazette Staff istration in 1970 and calls for to return the programs to the fears bv some Indians that the BIA if they can't handle them, the takeover of BIA programs real motive is "termination." American Indians who he added. by tribes. Other reasons he cited are. would like to take over the Bu- The change of program Reservation programs such inter-tribal bickering on who reau of Indian Affairs may have comes about through what But- as range managment. educa- would have the power to award their toes in the door. ler calls the "contracting mech- About 70 members from tion. law and order. employ- anism." jobs to tribal members and per- ment systems not open to non- sonality conflicts. Montana's seven reservations As it is. the BIA contracts Indians would be turned back Many Indians. too. who are met in Billings last week to find for various tribal services and to the tribes, he said. now holding federal jobs on the out how to get the job done. can do so with non-Indians. In- Butler estimated up to 80 reservation. would lose those The takeover machinery is dians could do likewise. but will per cent of BIA funded pro- plush positions and take their the new federal policy called probably choose to train and grams would be placed in Indi- place in line for new jobs con "Indian Self Determination use their own people. LaFollette Butler. a BIA an hands if tribes want them. trolled by the tribe. with a small contingent of BIA For instance. Butler said. an Butler said it is too early to staff member coordinating sem- advisors remaining entire employment program on tell how well the new policy is inars across the country, said Under Indi Self a reservation is now staffed being accepted by Indians. nor that many leaders in the bure iu nation. the Secretary of Interior with federal employes. has much impact been made on favor the new policy which is required to oblige takeovers The tribe can say it wants actual contracting could be the beginning of the unless be can cite a definite rea- that program and set a priority But tribal leaders attending end of the BIA. son for refusing. Batler said. for training people 1.) work on the Billings seminal were learn- the reservation in such areas as ing how to unrave! contract and small ranching. grants procedures. Butter said. The next step is doing it. Arrest Indian hunters may open treaty By FLYNN. ELL "Ther are poor people and were permits for transporting game animals off Of The Gazette Staff hunting for food: that's why they couldn't the reservations where it is legal to hunt BILLINGS GAZENE pay the bond." McCurdy said the Crow attorney said. The arrest of four Crow Indians Sun- The Crow spokesman said that treat- But even that is not required by law. day for alleged game violations may have opened a can of worms called the Fort tes. including the Ft. Laramie Treaty of Don Wright, a Blackfoot tribal mem- Laramie Treaty of 1858. 1868. guarantee Crows hunting rights. ber. who is the F&G liaison officer with DuWayne McCurdy. a spokesman for In the 1868 treaty. Crows agreed to Montana tribes. said he did not know it settle in a permanent location. But the the Crow treaty is valid. the Crow Indian Justice Association. said treaty gave them a "right to hunt on the But Wright said the F&G will arrest in Billings Thursday that the arrest of the four by a Montana Fish and Game war- unoccupied lands of the United States SO anyone off the reservation who is suspect- den was a "clear cut case of intimidation long as game may be found thereon. and ed of transporting illegal game. by the Fish and Game Department in vio- as long as peace subsists among the Wright said permits to transport whites and Indians on the borders of the game are a "convenience" to both Indians lation of treaty rights." hunting districts." and game officers used to verify that McCurdy said the Crows will contest A spokesman in the Department of the arrests in court. game was killed on the reservation. Interior Solicitor's Office in Billings said The four men, Johnny Doyle, Butch the Ft Laramie treaty is still in effect be- Bear Don't Walk said the permit it Woosun. Harold and Brynee Wilson were cause If contained no time Invitation. quirement is a throwback to the days arrested Sunday by Duane Young. an The Crows think the language applies F&G warden. who charged them with to off reservation state and federal lands when Indians needed a pass to get off the spotlighting deer and illegally transporting as well as "unoccupied private land." a reservation in the vein of "he's a good In- game animals term which is without a strict delinition. dian." so s okay to let him go. Young set bond at $600 each and the McCurdy said protests were lodged men were jailed in Big Horn County prior with the Bureau of Indian Affairs, to their release Wedneday when bond was Wright. in affirming the F&G author- charged with protecting Indian interests, reduced to $100 each but were met with advice to see the Crow ity to arrest non-Indians or Indians for off-reservation game violation: said the ie- Young said be an eyewitness would VISTA attorney. verify that the four men were shooting at Urban Bear Don't Walk, a practicing gality of arrests is "up to the courts to de deer while using a spotlight three-quarters Crow attorney in Billings says decision he cide." of a mile east of the reservation boundary has reviewed indicates the treaty hunting near Tullock Creek. rights in Montana are valid under the U.S. When arrested, the men had two Constitution. but untested in the U.S. Su- deer in their possi ssion, Young said. preme Court McCurdy said the men shot the deer Indians have been required to obtain on the reservation and were taking them home. Scholarship Programs Announced The Navajo Division of State University and the W.K. tions have implemented a with college credits or related Education, in coordination Kellogg Foundation. scholarship assistance pro- work experience. with different universities, is Universities involved in the gram to aid students in finan- seeking applicants to partici- The program is designed to professional development pro- cial need. Students may con- fit the individual needs of the pate in professional develop- gram include the University of tact NDE to explore different student. A combination of ment programs at the under- New Mexico, medicine; Arizo- sources of assistance. graduate and graduate levels study and work-related ex- na State University, law; New The Navajo Agricultural In- in areas of natural resources, perience is alternated six Mexico State University, engi- ternship Program also is seek- months each. The student is engineering, medicine, agricul- neering and agriculture; Colo- ing eligible men and women ture and education. then paid when working as an rado State University, natural high school graduates to apply Interested persons may also intern and receives scholarship resources; and University of for the program. Also eligible apply for a separate agricul- assistance from NDE while Arizona, doctorate in educa- are persons who have passed tural program sponsored by studying on campus full-time. tion. the GED test, those currently the Navajo Tribe, New Mexico NDE, and various founda- enrolled in college or Navajos The program intent is to prepare the individual upon graduation to assume man- agement, professional and sci- entific positions for the de- velopment of Navajo tribal agricultural resources. Under the program, the student may also concentrate on related courses of study including crop production, soils, soil fertility, irrigation, farm machinery Arizona Republic and equipment. NOV 1 1976 Further information and ap- plications for both programs are available from Dillon Federal Ban "IT'S A FASHION fad and it will drop Platero, Director, Navajo off," said Geoffrey Stamm. "Next year, Division of Education, Box 208, it may be Hungarian peasant blouses. Window Rock, Ariz. 86515; These things happen." phone (602) 871-4941, ext. 432. On Imported Dealers here said sales this year are 10 to 50 per cent lower than they were NOV 1 AIM Plans in the boom years of Indian jewelry, 1972 to 1975. Farmington Daily Time Jewelry Asked Protest In that time, the Arts and Crafts Association and dealers estimated south- western sales near $1 billion annually. Wednesday TUCSON, (AP) - Declining sales in turquoise and Indian jewelry due. to While dealers in authentic Indian PONCA CITY (AP) - The cheap foreign imitations have authentic goods expressed worry. a business con- American Indian Movement dealers seeking a federal ban on im- sultant said that the decline mostly will (AIM) plans a protest rally ports of Indian-type jewelry. affect the imports and dealers in cheap- Wednesday afternoon here er goods. against alleged police brutali- Mark Bahti, a jewelry dealer here and ty. new president of the Indian Arts and "It is our feeling that those individuals not in the market prior to this upsurge Officer Tom Montgomery Crafts Association, said the group de- will probably be the ones to fall by the has been accused of brutality cided at its recent meeting in San Diego wayside," said consultant Frank Reinow in the Oct. 22 arrest of Edward to pursue the ban. of Albuquerque, N.M. Calls Him, 24, an Indian resi- BAHTI AND others said that would be dent of the Ponca City area. "IT WAS FELT that those established one way to help those involved in mak- Calls Him was arrested on a ing and selling authentic Indian jewelry. dealers and craftsmen selling authentic public drunk charge, but has They said business has fallen off drasti- Indian arts and crafts would be the ones to survive," he said. bond. been released after posting cally because of the foreign goods. The association will ask the President Police Chief Norman Coffelt "It has cheapened the whole market," Bahti said. "It has taken the aura from to use his powers to stop unfair foreign and City Manager Leon Nelson competition, Bahti said. suspended Montgomery after Indian jewelry. People worry about it, the allegations were made by so they don't buy at all." But members said a total ban is the Ponca City chapter of AIM. unlikely, although it could emphasize While he and others blamed the for- Coffelt said the incident has their problem and lead to stronger eign imports for falling business, an been under investigation since federal enforcement of laws banning official of the federal Indian arts and Oct. 23, when Calls Him en- misrepresentation of products as Indian crafts board said there are other tered the St. Joseph Medical crafts. factors. Center here and complained of injuries he said he received in jail. More about Apache blockade of supervisors vowed Continued from Page B-1 lowered to $3 per $100. "If the taxes here get ing the back taxes. That ed by reservation Indians, "So, you see, they want- too high what choice do would give them all of our voted a ridiculously high these businesses have but ed to impose a high tax county. which seems to be tax rate of $15 per $100 to lcave?" Platt said. "In rate. but realistically, what they want anyway," valuation," he said. "They that case, I doubt that he said. needed only $3 per $100." did this because they anybody would want to Some businesses in buy property here be- Dividing Apache County didn't have to pay the taxes anyway. But after Apache County reportedly cause of the high taxes. by giving the Navajos the northern half and creating the big taxpayers like Ari- are considering relocating "Perhaps the Navajo a ne N county in the zona Public Service pro- if the tax rate is increas- Tribe would then acquire Anglo-dominated southern 1976 Arizona Republic tested, the tax rate was ed as expected. NOV the property by just pay- 2 half is one possible solu- tion. Platt said. "Another solution is to Apache blockade of supervisors terminate the reservation system in Arizona and di- vide up the Indian land equally among the In- vowed in reapportionment fight dians." he said. "The third proposal is to prohibit Indians who are By RYAN REINHOLD exempt from taxes and ST. JOHNS - After today's general Indians. said local attorney Mitchell laws from participating in election. Apache County may be heading Platt. our local government." for a showdown with its new Board of Supervisors. "A bunch of people here are so riled Harper said he favors up that they are ready to take up arms doing away with the Even though the new three-member board docs not take office until January, to stop this injustice." said Mcrle Harp- reservation and giving er, a Springerville pharmacist. "And if Navajos fuil citizenship. some residents here are talking about blockading the courthouse to prevent its that means blockading the courthouse, "But that includes the re- then I hope to hell there is, no sponsibility for paying first session. bloodshed." taxes like everybody The conflict stems from the recent else.' he said. court-ordered reapportionment of "And don't think we are alone in this Apache County's supervisor districts, because Navajo County could soon have The new supervisors which. in effect, will automatically put the same situation that we have here," will be Louise A. Deschee- two Navajo Reservation Indians on the said Harper. who also owns a pharmacy ny (District 1) and Arthur board. in Holbrook, the Navajo County seal. N. Lce (District 3). who And because reservation Indians are Taxes will be the chief concern of won their primary bouts, exempt from state and county laws and residents in Apache County, said Platt. and the winner of today's election in District 2, ei- taxes. these two new board members "We saw what happened in nearby ther Raymond Graymoun- will he setting tax rates and making Chinle where the school board. dominal- tain or Dan Smith Sr. laws that will not affect them nor other Continued on Page B-2 Mrs. Descheeny. Gray- mountain and Smith are Navajos. 14A-Wednesday, Nov. 3, 1976 Farmington (N.M.) Daily Times Navajo Vote 77 Per Cent By SCOTT SANDLIN Daily Times Staff SHIPROCK - Navajo voters turned out in force during balloting in Tuesday's elections, tipping the balance in some county elections if not in the federal and state races. Turnout in the three Shiprock precincts, with 2,575 persons registered to vote, was 77 per cent, two per cent above the high 75 per cent turnout in the rest of San Juan County. "It's the best turnout I've seen in 20 years here," said Brother Florence Mayrand, an election judge. Judges at polls at Valley Elementary and White Rock Camp reported some early, minor trouble with voting machines which delayed opening polls for half an hour or SO. Voting went smoothly, they said, with a steady flow all day. Some voters-about 10, according to poll clerks - were turned away because of what they said were late registrations. Other problems arose from imprecise registrations, particularly at Precinct 2 (boarding school), said presiding judge Mrs. Taylor McKenzie. In one case, a young man from Toadlena attending school in Shiprock found himself unable to vote in Shiprock after an apparent misunderstanding during registration-and 50 miles from his polling place with a class to attend. In another, poll clerks required identification of a woman before producing her polling slip, although identification is not required unless a registration is contested. Waiting (Staff Photos) Herb Collins, voting machine repairman from the county clerk's office, had a full day of it, Bitsie Hatathley Yazzie rested placidly on a keeping watch over machines in Shiprock, bench at the BIA boarding school in Shiprock Waterflow and Kirtland. during a full in voting Tuesday. Other county figures keeping watch over persons keeping watch over the reservation during polling included Undersheriff Dan Sul- livan, District Attorney Tom Hynes, Democratic County Chairman Charles Hughes and ex-Gov. Tom Bolack. THE DAILY OKLAHOMAN OKLAHOMA CITY, OKLA. D. 169,001 SUN. 282,676 OCT 1 7 1976 FUNDS Indian Youth Group Meets When Bicentennial things" done with the Indian relations. ment, and hopes to be planning was beginning money, she said, in- About 500 young peo- able to co-exist with five or six years ago, it cluding the establish- ple from around the did not look like Indian ment of cultural pro- AIM and the others state are participating people would have grams that will be can in the conference spon- through mutual "re- much to look forward ried on well after the sored by the relatively spect." to, a Bureau of Indian Bicentennial year is new organization. "UNITY is an organi- Affairs official said over. It was formed last zation for Indian youth Saturday. Ms. Nahwooksy, par- November by 10 Indian to do something for "A lot of us were say- ticipating in a confer- clubs in an effort or- themselves," he said. ing we really had noth- ence of the United Na ganizers hope can de- Another participant ing to celebrate," said tional Indian Tribal velop a national base. in the conference, Joe Clydia Nahwooksy. Youth at Oklahoma UNITY is designed to Doke, an aerospace en- Ms. Nahwooksy, City University; said help Indian youth build gineer at the Johnson special assistant to the Indiansare pleased a "Your square life" Space Center, Houston, BIA commissioner, that the Bicentennial stressing mental, so- said the Indian culture said that changed when was not allowed to be cial, physical and spir- is "a culture that per- federal funding was solely a "white Ameri- itual fitness. haps is more misunder- made available to Indi- can celebration." Executive Director stood than most." an groups to stage Indi- With the inclusion of J.R. Cook said the or- He said Indian youth an-related Bicentennial Indian projects, she ganization is not linked should learn to live in projects. said, "I think it's (the with other Indian modern society while "There have been Bicentennial) been a groups, such às the maintaining their own home substantive helpful thing" in white- American Indian Move- culture. Ft. Lauderdale News, 10/28/76 State Files Suit Against Seminoles The suit claims the Indians should have been collecting taxes on the retail sale and rental of tangible per- The state has filed suit in Broward sonal property to non-Indians; the County Circuit Court against the admissions tax imposed on the value Seminole Tribe of Florida Inc. to received from the admission of non determine whether or not the Indians Indians to the Indian reservation or must pay certain state taxes. any amusement facilities; the tran- The suit filed yesterday on behalf sient rentals tax imposed upon the of Gov. Reubin Askew and his cabinet value from renting, leasing or letting claims the Indians owe $8,420.32 in any living quarters, and the lease or rental tax imposed on the value re- various taxes which they should have been paying under the Florida corpo- ceived from renting, leasing, or let- ration laws. ting any real property to non-Indians. OCT 1976 NIYC Office Farmington Daily Times Moves Location The National Indian Youth Persons with requests or Council Indian Employment persons wishing more informa- and Training Office has moved tion on programs may contact from its former location at 101 Anthony at 327-5341. S. Locke to a new office at 609 S. Behrend. The move was made to be closer to Navajo job seekers, according to Lucian Anthony, Farmington office director. Apaches Vote Anthony. who has worked in community development and employment assistance in San Juan County for several years, To Oust Chief said the office offers work experience programs, voca- tional education training and DULCE (AP) - The her arraignment Sunday. on-the-job training in addition Jicarilla Apache Tribal Coun- Mrs. Vigil contended her to the Comprehensive Em- cil voted unanimously to oust arrest was part of the harrass- ployment Training Act Tribal Council President ment she asse ted was aimed (CETA) projects. Charlie Vigil, who has held the at her family by her husband's Counseling is provided in the council leadership position political opponents. office as well as in the field. eight of the past 12 years. Police Chief Raleigh Tafoya, Anthony, who says he main- The action climaxed a politi- a member of the tribal council, tains a close working rela- cal controversy that has been said an investigation into some tionship with Navajo CETA simmering for months, The of Mrs. Vigil's complaints is offices in Shiprock, makes New Mexican of Santa Fe under way. referrals directly to Navajo reported in its Wednesday Asked about allegations of Tribal Employment Service editions. harrassment, Tafoya said and training programs as well The newspaper said accusa- there may be limited validity as assisting Indians from the tions against Vigil, 55, included to some of the charges. But he Shiprock area in finding jobs malfeasance, gross neglect of denied any role in such action. in Farmington. duty and misconduct reflecting Tafoya said that since 1963, Special projects are also on the dignity of tribal govern- periods surrounding tribal included in the NIYC-CETA ment. elections have Seen "hot and program. Anthony assists area He was elected last July by a heavy." There has been "tur- employers in fulfilling af- disputed two-vote margin over moil all summer." he said. But firmative action goals, as well Hubert Velarde. There were he added he does not believe as drawing up program plans two recounts before the tribal there is "wholesale harrass- for Indian employment. election board certified Vigil ment." He also makes regular visits the winner. Saying his police department to schools, encouraging Indian Vigil was not available for is "on top of everything," he students to stay in school and comment. said Vigil's supporters should to seek higher education and But his wife, Jan Vigil, said not be afraid to speak out. training. her husband's life has been Some supporters of Vigil A survey on Indian em- threatened twice in telephone indicated they might attempt ployment opportunities and calls. to get a public referendum on needs is also part of Anthony's She spoke to a reporter last week's impeachment vote. activities. shortly after being released Richard Rosenstock, a Among program goals, says from jail. She was arrested Tierra Amarilla attorney who Anthony, are "developing Indi- Saturday by tribal police on represents La Raza Unida an projects and helping with charges of failing to support party, was contacted by some the organization of the Indian dependent children and resist- Vigil backers. He said he is community for the benefit of ing arrest. studying the manner in which all people." Pleas of innocent to both the tribal council conducted charges were entered during impeachment proceedings. B-6 ALBUQUERQUE JOURNAL Tuesday, November 2, 1976 Special Indian Programs Begin By JIM LARGO NIYC obtained $27,000 from Com- dropout rate of any group," he said. munity Development funds to have When they get out of school, the stu- Marie Gabaldon, 15, who lives in the Mrs. Wilgus run the program, and North Valley, was one of the first to dents usually have nothing to do, he AUIC rents the building from the city said. They are welcome to participate take guitar lessons Wednesday from for $1 per year. in the program. Frank Cerna at the Indian Youth and Recreation Program located in the Tom Heidlebough of NIYC said Mitchell building of 412 Fruit NW. The Mitchell building is also used by funding is for one year, but leaders APS "School on Wheels" program. It hope the programs will be continued holds classes for dropouts during the Marie said it was her first time to sit for several years either with funding morning hours. During afternoon, with a guitar on her lap and place her from the city or other agencies. most of the students need something fingers on the strings. "He taught us to do. A few have jobs. how to use our fingers, and we learned Programs in addition to guitar les- three chords," she said about her sons include arts and craft classes, Several Indian students participate teacher. tutoring, movies, and general activi- in the School on Wheels program. Hei- ties such as billiards, ping-pong, and dlebough said the students get credits She is one of many city Indian high library services. for taking the courses. Mrs. Wilgus, a school students who go to the newly Hopi and Isleta Pueblo Indian, teaches established recreation program held in The building is also used by AUIC reading in one of the classes. an old building. "He told us we will general assistance, referrals, and learn little by little," said Marie. counseling services for Indian resi- Mrs. Wilgus has been a teacher in dents during the day. APS for 10 years. She was recently appointed as coordinator for the youth Between 1 and 8 p.m., the building is program at the center. "We hope there She thinks it will not take long for used by the Indian youth. Approxi- will be parent participation," she said. her to play well. "The teacher is easy mately 20 students go to the building to learn from," she said. She is learn- daily, said Heidlebough. Some stu- She explained that the building will ing to play for her own enjoyment. dents who have no transportation are be left open on Sundays for parents or Guitar lessons are held every Wednes- picked up. other Indian organizations to use for day. meetings. She hopes to start an adult Heidlebough said about 4,000 Indian program soon. Ramona F. Wilgus, coordinator, said students are known to be in the Albu- the program is one of several pro- querque Public Schools. He said ap- Next Wednesday she will hold an grams just beginning at the Mitchell proximately 40 per cent of the Indian adult organizational meeting at 7 p.m. building. Her program is sponsored by students usually drop out of school National Indian Youth Council, 201 every year. The next day, Thursday, she will Hermosa NE, and Albuquerque Urban Indian Center, 510 Second NW. hold a youth club organization meeting "Indian students have the highest at 7 p.m. 'Flights' Pay Weni to Tribal Official By HOWARD GRAVES according to knowledgeable recent interviews that he had Donald, according to the Atsidi Arts and Crafts Enterprise ALBUQUERQUE, N.M. sources. no knowledge of what hap- invoices made available by store in Window Rock. (AP)-Bank checks used to One of the couriers said he pened to the company checks TG&E to a reporter. Davis and Via said TG&E pay charter air service appeared before the grand after they were mailed to TG&E was building a paid Atsidi for charter air statements were converted to jury, which has been delving Atsidi. 345,000-volt transmission line services on four other occa- cash and paid to a top Navajo into alleged financial ir- Davis and TG&E vice presi- across Navajo lands in sions between May 11, 1973, tribal official, The Associated regularities on America's larg- dent Thomas Via Jr. have said northwest New Mexico in 1973. and April 1, 1974. They said Press learned. est Indian reservation. the company was billed by Davis said he told the grand those payments were "for The estimated $6,600, after A special Justice Depart- Atsidi for 55.5 hours of charter jury that TG&E construction purposes other than Mac- being converted to cash, was ment task force and the Feder- air services at $120 per hour. crews were encountering "dis- Donald." hand carried to the executive al Bureau of Investigation Via said Bill Moore, at the turbances) threats and opposi- Via said all Atsidi billing at Window Rock, Ariz., the tion" from some Navajos. The statements "had to be Identi- Navajo capital. The checks were paid by Chairman in Dark company asked MacDonald to fied for trip purposes so that visit the protesters in the 78- we knew they were in conjunc- Tucson Gas & Electric Co. to ALBUQUERQUE (AP) - Navajo Tribal Chair- mile corridor and explain the tion with our business and not Atsidi Aviation, Inc., of Gallup. man Peter MacDonald says the only thing he utility's position. for some other business." The recipient of the money knows about utility company checks reportedly Davis said MacDonald hasn't been publicly identified. converted to cash and paid to a Navajo official is agreed to make the trips if the Those who participated in what he reads in the newspapers. company paid for the trips. OCT 2 9 1976 the transactions declined use And MacDonald, speaking Thursday at an "I don't know to this day if of their names. Albuquerque news conference, said, "As far as I they did or did not take the The checks were subpoenaed know, the whole matter is in the hands of the trips," Davis said after he Farmington Daily Times by a federal grand jury in grand jury." appeared before the grand Phoenix. No indictments have jury last month. "But we were been returned and no charges have been conducting the time an assistant to Tribal able to build the line." have been filed related to the probe since last January. Chairman Peter MacDonald, Via, in an earlier interview, checks. The U.S. attorney's office in asked TG&E to pay the chart- said Moore had told him An Aug. 31, 1973, dated Tucson declined comment on er plane fares. MacDonald went to chapter TG&E check for $3,360 was the check-cash transactions. Davis and Via have said house meetings to explain the converted to 33 $100 bills and Four TG&E executives ap- repeatedly that the checks project. given to a courier. peared before the jury Sept. were sent to Atsidi and not to Moore, a non-Navajo, at one A second TG&E check, dated 23. individuals. time managed a tribally owned Nov. 2, 1973, for $3,336, was One of them, board chair- The flights were made by motel in Window Rock. He also cashed at a Gallup bank, man J. Luther Davis, said in tribal officials, including Mac- formerly managed a Navajo T OCT 2 8 1976 KYAKOTSMOVI About 35 Hopi tradi- eties and representatives from the some of the people you talked to in, tional leaders gathered here Sunday, majority of traditionally-established Keams Canyon. Hopi Pueblos, have met with our Hopi In a letter by Sekaquaptewa of Oct. Oct. 24 and voiced strong opposition to the proposed $5 million settlement the people in Kyakotsmovi and read your 22. 1976, stated, "I feel constrained at Indian Claims Commission has offered letters. this time to respectfully remind you that the Hopi Tribe. We all regretted very much that both the harshness of your words and the The meeting was scheduled for the of you stated in your letters that you name calling with which you indulge would not come and meet with us today. yourselves are contrary to the dignity purpose of Hopi Chairman Abbott Sekaquaptewa and Hopi Agency Super- We have given your letters serious con- and self-respect of true Hopi leaders and intendent Alph Secakuku to explain the sideration. disrespectful of the high office that Mr. issue of why the Hopis were being asked We found that Supt. Secakuku in his Kewanyawma holds and that Mrs. Lansa to accept or reject the proposed settle- letter of Oct. 23, 1976, stated, "I do not claims." ment of the Hopi claims. wish to prematurely make my personal It is clear to us that Sekaquaptewa's However, both officials declined the views known so as not to undully influ- attempt to make the Hopis believe that invitation of the traditionalists in formal ence anyone." be does not indulge in harshness of As an official of the Bureau of Indian words, name calling and unduly criti- letters stating their reasons. In a letter dated Oct. 24 addressed to Affairs (BIA) you have no business cizing Kikmongwis and religious leaders both the chairman and superintendent, meddling with our Hopi affairs. or anyone who speaks for them. which was signed by four traditionalist We have learned that you are not He also stated in his letter that, "I telling the truth in your letter for we offered to publicly debate this question leaders. it stated: now know that you have already held a with you or your spokesman on tele- Mr. Sekaquaptewa and Secakuku: We, the undersigned Hopi traditional meeting with government Hopi em- vision just in the past few days, and you hereditary Kikmongwis, religious head- ployes and some people from First Mesa. refused." men of One-Horn and Two-Horn Soci- You have already "undully influenced" On Oct. 21, 1976. some of us spoke on oppose pay television with Sekaquaptewa on the explaining this vital issue, it is too late positions. issue of the proposed settlement of John for any Hopi, especially traditional You have failed to fully inform the S. Boyden who has made a deal with the elders, to fully understand this lawyer's Hopi people on things that concern the United States government in offering us written language within two weeks. very land, way of life and religion of our $5,000,000 for lands that U.S. govern- Therefore, there must be no voting on people. ment said he took away from the Hopis this proposed settlement at this time or. Instead of obtaining the aboriginal and never paid for in the future. land of our people, the Tribal Council We did not refuse we were there on 4.) On Oct. 30, 1976, there will be a and BIA went along with attorney John Thursday night. Again Sekaquaptewa is Women's Religious Society performing S. Boyden to make our landbase smal- not telling the truth. in Shungopavy Pueblo and our reli- ler and smaller. Following our serious consideration of gious Hopi leaders all have asked that. the proposed settlement and other re- Both the Hopi Tribal Council and John this Lollcon Ceremony be respected by lated issues, we have been asked by our S. Boyden are getting rich while the all Hopi people, by members of the religious headmen and people that: Council and the BIA. Hopi people are becoming very poor, 1.) As Hopi Kikmongwis, we strongly 5.) Since the majority of the people in money-wise. This must stop now! oppose this proposed settlement of John traditionally-established Pueblos have We demand that you both inform all S. Boyden and that we will never sell our never accepted the Hopi Tribal Councill Hopi people everywhere that there will sacred homeland. Constitution and By-Laws, never signed be no voting on this proposed settle- 2.) Both Hopi Supt. Alph Secakuku a contract or contracts of John S. Boy-- ment on Oct. 30, 1976. This is our and Chairman of the Tribal Council den's and have never send anyone to the decision and the decision of our Abbott Sekaquaptewa be informed by Tribal Council, we will never accept the One-Horn and Two-Horn Religious letter that there will be no voting by any $5,000,000 by voting, as we do not vote:. Society leaders. Hopi on Oct. 30, 1976 on this proposed 6.) It is your responsibility as servants Mrs. Mina Lansa, kikmongwi of Oraibi settlement, as was scheduled. to the Hopi people to do what the Hopil Claude Kewanyawma. kikmongwi of 3.) We have just been informed about people want and not what you want. Shungopavy this proposed settlement of John S. Since you both have refused to facre Ned Nayatewa, kikmongwi of First Boyden's a week ago and since none of our people face to face on this vital issue. Mesa the Councilmen have up to the present we will now take action to have both off Guy Koechaftewa, religious leader, time, fulfilled their duties by fully you resigned or removed from your Mishongnovi Indian Medical School Construction Starts of Former Community Center By SCOTT SANDLIN McKenzie said earlier. going up in the library and ficials also visited the Shiprock by Shiprock Chapter for the Daily Times Staff Phase One for the communi- books going up on the shelves. Hospital this month for an school in 1974, there should be SHIPROCK - With the ty center-turned-medical A library which has been accreditation inspection there. ample space for expansion. pigeons and pigeon droppings school calls for extensive reno- growing since NHA's inception And, since the AISOM pro- In the interim, planning will cleared from the attic and vation and addition of a library in 1971 and is now housed in gram is tied to the Shiprock continue, including garnering sports equipment stored in the and office space. Window Rock, Ariz., will be hospital, the school's ac- support from leaders of tribes basement or covered with Longhurst said AISOM Γe- moved to the Shiprock site. creditation will be dependent throughout the U.S. for the tarps, renovation of the Ship- ceived a $75,000 grant from the The library, being converted upon the hospital's. project, designed as a school rock Community Center is in W.K. Kellogg Foundation, from the community center Admission criteria have not for members of all tribes. full swing. $5,000 from the Merck Founda- stage area, will be equipped yet been formally determined, The community center is not tion, and $200,000 from the with infra-red security system Longhurst said. Those stan- just receiving a facelift, how- Navajo Tribe's revenue- to detect persons entering the dards will be drawn up by the ever. The changes being im- room. academic dean, Dr. Jasper Farmington Daily Times sharing funds. plemented now are Phase One As with any monetary grant, Physicians in residence at McPhail. OCT 2 8 1976 of a total project that will he said, there are some strings the Shiprock hospital, AISOM "About all we know," Long- convert the one-time communi- attached. The Kellogg founda- staff members and other hurst said, "is that Indians and ty center into the American tion designated its funds be health professionals in the others who agree to practice Indian School of Medicine used for the medical school Shiprock area will probably on the reservation and other (AISOM). library, and the Merck Foun- find use for the medical li- rural, deprived areas will re- All first-phase renovation is dation, an offshoot of the drug brary before students actually ceive preference for ad- being financed through grant manufacturing firm, arrive on the campus, Long- mission." monies, says Phillip Long- earmarked its monies for hurst said. While executive dean hurst, director of Planning and building renovation. The gymnasium floor will McKenzie was projecting a Development for the Navajo The $300,000 renovation was undergo repair, but remain at 1977 entering class during Health Authority and contracted to Zuni Construc- its present size, with office planning stages three years AISOM, despite initial hopes tion Co., an entity of Zuni space gleaned from the former ago, Longhurst now says a 1979 and plans to receive an ap- Pueblo and the low bidder. Of spectator area. class would be the earliest propriation from Congress for the remaining funds, about When the first students ar- possibility for students starting the school. $30,000 will go for library rive at the fledgling medical at the Flagstaff campus, and Longhurst said the medical equipment, most of the rest to school, Longhurst said, the 1982 or 1983 for the Shiprock school planners will again seek architects' fees and the re- gym will be converted into residency. funding from congress in the mainder into a contingency instructional area. "Probably for the first two next legislative session. The fund. Completion- date is pro- Just when the first students years we will take only jected for the first of the year. will arrive is an unanswered freshman students," he said. AISOM appropriation was stricken from the Indian The renovated building, question for the school admin- "After we get up and running, Health Care Improvment Act Longhurst says, will be used istrators. we may take transfer students passed this month while the primarily for office and library The AISOM master plan now as well." bill was still in committee. The call tentatively for first hand Phase Two of the school space. fear was that the medical "We won't have any need for second-year students to attend construction would include ad- school funding might classes for a couple of years," Northern Arizona University in ditional renovation of the jeopardize the entire bill, ex- he said. Flagstaff to study basic sci- building and expansion of the ecutive dean Dr. Taylor Meanwhile, stacks will be ences; third-year students stu- medical library; Phase Three dying at one of three Arizona would see construction of hous- hospitals under consideration: ing units for faculty and stu- Maricopa County Hospital, the dents. Veterans Administrtion Hospi- With the 60 acres withdrawn tal and the Indian Farmington Daily Times OCT 2 9 1976 Reservation White Man's Park LIVINGSTON, Tex. (AP) - park, using the white man's closer to the day when we will "It wouldn't work," Poncho work for other Indian reserva- Lester Battise, his stomach ways to provide jobs, build be self-sufficient, paying for all said. "The tribe was reluctant tions where money and em- 1 bouncing over his belt buckle, new homes and eventually of our needs." to cut the trees and feared ployment are problems. He flashed a smile and told vis- become self-sufficient. Emmett Battise, the assis- pollution. They have a great answered, "We cannot relate itors to the Alabama-Coushatta Billboards dot roadways tant chief of the 550 tribesmen love for the forest and the to other reservations. Perhaps reservation, "When you get throughout Southeast Texas said, "We have made a deli- wildlife." it could work, perhaps it aboard the bus have a ticket, advertising the reservation. cate step forward, but it is a In the woodlands of the couldn't." money, or your scalp ready." There are commercials on step. While we are a tourist reservation-if you walk softly During the bus tour down a Houston television stations. attraction, we are showing -a deer can be seen grazing, a narrow, winding road deep in The buildings resemble a visitors the culture and the life big owl in a tree, and a the Big Thicket of Southeast western fort far more than an of the Alabama-Coushatta. raccoon scrambling down a Texas, Battise said, "There Indian encampment. That While we attempt to become branch. are many doesn't seem :0 bether the self-sufficient in this program, With campsiles now avail- they have learned to live with hundreds of youngsters who we are teaching non-Indians to able along the banks of a fish- us. They only bite whites." dash across the grounds know us, to understand us, and stocked lake, the tribe at- A group of young Indian men playing Indian around the Indi- learn something about us." tempts to extend its attractions and women don the colorful ans. Poncho pointed to a rusty from the one-day visitor to the costumes of long ago and Roland Poncho, 33, director colored creek that flows across week-long outdoorsman. perform the traditional dances of the tourist section, said, the reservation and said an Asst. Chief Battise was of the tribe. "once long ago our people alligator nests there and if asked if the approach might One said, "It beats cutting went to the federal govern- hungry can be brought to the timber for a living." ment said 'we need some help, surface with a whistle-a bit of Others guide tourists through but don't help us too much.' outdoor knowledge for the the Indian museum, serve hot That same feeling exists to- tourists-and an attraction to dogs and cheeseburgers at the day." bring the visitors back should restaurant or sell jewelry, The tribe now receives state the gator fail to appear the pottery, and toy tomahawks- aid and is under the direction first time. in the gift shop. of the Texas Indian Com- Before the seven-member mission. Poncho said, "With There's a miniature train tribal council decided to move the tourist attractions, which that wiggles through the un- into tourism, it considered a brought us 300,000 visitors last derbrush and beneath the tall lumbering operation and a year, we are getting closer and pines, giant oaks and fat furniture factory. maples, a reptile center and an outdoor theater. The Alabama-Coushatta have turned the 4,500-acre reservation into an amusement Navajo court rules on Pasture WINDOW ROCK A Navajo tribal ble harm" if the injunction was not taken "to remove or do damage to the court judge on Friday. Oct. 22. granted a granted. fence, except under instructions of the permanent injunction against the Hopi Prior to issuing the injunction. Lynch secretary of interior," adding that the Tribe prohibiting any fence construc- said "testimony indicates that the BIA tion in the Pasture Canyon Dam area did nothing about the fencing and has no "area director is pursuing appropriate located east of Tuba City. administrative and judicial action in con- plans if it should begin again." The hearing was unattended by repre- Val McBroom, BIA reservation pro- nection with the fencing." sentatives of the Hopi Tribe. According gram officer in Window Rock. who When the prosecuting attorney asked to Larry Ruzow, a member of the Navajo served as acting Navajo Area director McBroom what action he had taken to tribe's legal counsel firm, Hopi counsel July 23-28, testified that he issued an see that the fence was not damaged. he John Paul Kennedy told him the Hopi order on July 23 for the "unauthorized said he had sent people to the judicial Tribe would not attend the hearing fence construction" to cease. On July 28. department, but since the fence had because they did not recognize Navajo after the fence had already been already been torn down, no action was court jurisdiction over the area. removed, he ordered that no action be taken. Raymond Tso, Navajo tribal prosecu- tor, however, told the court that Navajo jurisdiction over the area was estab- lished by the federal government's Bennett Freeze of 1972. which stated that both tribes must consent to any construction in the area. The Pasture Canyon Dam area was the scene of a confrontation between the Cany on Dam two tribes in late July. A fencing project initiated by the village of Moenkopi Graham Holmes, of the Office of around the reservoir was removed by Navajo Land Administration, said the Navajes after the Navajo tribal court more than one-mile-long pasture canyon issued a court order claiming the fence area in 1934 was set aside for "Navajos was unauthorized. and such other Indians as have settled Members of the Hopi Tribe started the thereon." In 1966, Hopis from the near- fence construction, according to Ruzow, by village of Moenkopi were declared by because they claimed they were pro- the Interior Dept. solicitor to have some tecting their water lines from damage interest. as yet undefined. in the area, caused by Navajo livestock wandering he added. into the area and from Navajos dumping garbage. According to Ruzow, both tribes have The fencing project was subsequently traditionally used water from the dismantled by Navajo police after the Pasture Canyon reservoir. court order was obtained, and no fencing has resumed since, according to testi- mony Friday by Dwight Marable, Navajo Area special officer for the Bureau of Indian Affairs (BIA). Judge Merwin Lynch told the court that a permanent injunction was being granted in order to "preserve peace in the Pasture Canyon area." He stated QUA'TOQTI that at an earlier hearing held in August where a preliminary injunction was granted against the fencing, testimony OCT 2 8 1976 showed that Tuba City residents were planning to tear down the fence on their own and that there would be "irrepara- Cash to Navajo probed By HOWARD GRAVES checks to various Indians to pay for edly that the checks were sent to Atsi- AP Staff Writer rights-of-way across their land. di and not to individuals. Bank checks used to pay The checks were subpoensed by a The flights were made by tribal offi- federal grand jury in Phoenix. No in- cials, including MacDonald, according charter air service statements dictments have been returned and no to the Atsidi invoices made available were converted to cash and charges have been filed related to the by TG&E to a reporter. paid to a top Navajo tribal offi- checks. TG&E was building a 345,000-volt cial, The Associated Press has transmission line across Navajo lands learned. AN AUG. 31, 1973, dated TG&E in northwest New Mexico in 1973 check for $3,360 was converted to 33 The estimated $6,600, after being Davis said he told the grand jury that $100 bills and given to a courier. TG&E construction crews were en- converted to cash was hand-carried to A second TG&E check dated Nev. 2, the executive at Window Rock, Ariz., countering "disturbances, threats and 1973, for $3,336, was cashed at a Gal- the Navajo capital. opposition" from some Navajos. lup bank, according to knowledgenble The checks were paid by Tucson THE COMPANY asked MacDonald sources. Gas & Electric Co. to Atsidi Aviation to visit the protesters in the 78-mile Inc. of Gallup. corridor and explain the utility's posi- ONE OF the couriers said he ap- tion. peared before the grand jury, which THE RECIPIENT of the money Davis said MacDonald agreed to has been delving into alleged financial hasn't been publicly identified. make the trips if the company paid for irregularities on America's largest them. Those who participated in the trans- Indian reservation. action declined use of their names. "I don't know to this day if they did A special Justice Department task or did not take the trips," Davis said NAVAJO TRIBAL Chairman Peter MacDonald today denied any knowl- force and the Federal Bureau of Inves- after he appeared before the grand edge of the alleged transactions. tigation have been conducting the jury last month. "But we were able to probe since last January. build the line." MacDonald said in Albuquerque, "I only know what I read in the papers The U.S. attorney's office in Tucsen about the matter. As far as I know, the declined comment on the check-cash VIA, IN AN earlier interview, said transactions. Moore had told him MacDonald went whole thing is in the hands of the to chapter house meetings to explain grand jury." He also said he could not identify FOUR TG&E executives appeared the project. the persons allegedly involved in the before the jury Sept. 23. Moore, a non-Navajo, at one time One of them, Board ChairmanJ. managed a tribally owned motel in transactions. Luther Davis, said in recent inter- Window Rock. He also formerly man- "I participated in one or possibly views that he had no knowledgeef aged a Navajo Arts and Crafts Enter- two airplane flights sponsored by Tuc- what happened to the company checks prise store in Window Rock. son Gas & Electric," MacDonald said, "one to Farmington and one, I think, to after they were mailed to Atsidi. DAVIS AND VIA said TG&E paid Davis and TG&E vice president Atsidi for charter air services on four Tucson." Thomas Via Jr. have said the company other occasions between May 11, 1973, was billed by Atsidi for 55.5 hours of and April 1, 1974. They said those MACDONALD SAID he made the charter air services at $120 per hour. payments were "for purposes other flights to discuss a proposal by the utility company to build an electric Via said Bill Moore, at the time an than MacDonald." transmission line across Navajo Re- assistant to MacDonald, asked TG&E Via said all Atsidi billing statements to pay the charter plane fares. "had to be identified for trip purposes servation lands. so that we knew they were in conjunc- He said the company also made tion with our business and not for flights onto the reservation to deliver DAVIS AND VIA have said repeat- some other business." Albuquerque Tribune OCT 2 8 1976 Albuquerque Tribune OCT 2 8 1976 Indian official indicted By HOWARD GRAVES The alleged payments to Pat Chee thority money invested with American AP Staff Writer Miller, 31, a Navajo, were from Ameri- Funding. THE EIGHT-COUNT indictment Miller, between June 1974 and Janu- also named A. Gordon Eldred, Ameri- PHOENIX, Ariz. (AP) - The Related story on Page A-3 ary 1975, placed nearly $13.3 million can Funding's senior vice president, former executive director of can Funding Corporation of Beverly Hills. the indictments said. of Housing and Urban Development les. and Mervin B. Schaffer of Los Ange- the Navajo Housing Authority THE INDICTMENTS said Miller funds with the firm for investment was indicted today by a feder- and three other persons named in the purposes. Miller, Eldred and Schaffer were al grand jury, which charged report caused investments of Depart- The housing authority was estab- charged with conspiracy to defraud him with receiving $42,000 in ment of Housing and Urban Develop- lished in 1963 to utilize Housing and the federal government. misapplica- kickbacks from a California ment money with Ainerican Funding Urban Development money for con- tion of funds from an Indian tribal investment firm. in return for "kickbacks consisting of struction of low-rent, low-income 1½ per cent" of the total Housing Au- housing on the Navajo Reservation. Continued on Page A-3 Jury indicts Navajo From Page A-1 organization and interstate transporta- vajo Housing Authority job he had on what the indictments termed the tion of money obtained by fraud. held for nearly five years. His annual kickbacks. Leslie J. Hadden of Gallup was salary was about $23,000. He said Hadden first met Eldred named as an unindicted conspirator, through Schaffer, vice president of said Asst. U.S. Atty. Gary Scales. HADDEN, vice president-secretary Jusco Construction Co. of Los Angeles. of Window Rock Constructors Inc., He said Hadden had BENCH WARRANTS were issued arranged for meetings between Eldred while trying to arrange for the arrest of Eldred and Schaffer. and Miller, Scales said. for Window Rock Constructors, which A summons was issued for Miller, is based in Window Rock, Ari, the who resigned last April from the Na- Scales said Hadden paid income tax Navajo capital. Indictment accuses 3 of misusing $13 By BRENT WHITING vice president of American Funding. The-former executive director of the and Mervin B. Schaffer, 45. Encino. money obtained by fraud and conspiracy Navajo Housing Authority and two Calif., a former officer of JUSCO Corp., to defraud and commit an offense Cahtornia businessmen were indicted a California corporation. against the United States. Thursday by it federal grand jury in an Leslic Joe Hadden of Gallup. general alleged traud involving $13.3 million in Federal Bureau of Investigation manager of Window Rock Constructors, NHA funds. agents arrested Schaffer Thursday was named as an unindicted Pat Chee Miler. 31. of Gallup, N.M. alternoon at his residence in Encino. He coconspirator. the former NHA official, was accused of appeared before a U.S. Magistrate in Los Angeles and is being held in lieu of accepting $12,322 in kickbacks for invest- $10.000 bond. ing the $13.3 million with American Funding Corp. of Beverly Hills, Calif., a The other two suspects are at large. detunct investment firm. The defendants were charged with Arizona Republic Also named in the indictment were A. Gordon Eldred, 58, of Beverly Hills, eight counts of misapplying Indian tribal funds, interstate transportation of OCT 2 9 1976 million in Navajo funds Miller. when contacted by a reporter, construction of low-cost housing on the refused to comment on the indictment. Navajo Reservation. Eldred and Schaffer could not be reached. The indictment said Miller caused $13,297.161 in NHA funds to be invested According to the indictment, the three with American Funding from June 17, defendants and Hadden devised a 1974, to Jan. 30, 1975. scheme in which Miller. Schalfer and Hadden would share in kickbacks total- In return. Miller received $42.322 in kickbacks from Hadden. who was reim- ing 1.5 per cent of the amount invested bursed for the payments by American by NHA with American Funding. Funding. the indictment said. The NHA receives its funds from the sale amount of kickbacks paid to Hadden of notes guaranteed by the U.S. Depart- and Schaffer, if any, was not outlined in ment of Housing and Urban Develop- the indictment. ment. The funds are intended for the Continued on Page A-1 More about Navajo fraud charges Continued from Page A-1 and there is no evidence of criminal In March this year. American Funding wrongdoing against them. according to was placed in receivership by a federal Scales. The two are Marshal Tome, judge in Los Angeles after NHA filed tribal operations director, and Carl To- suit against the Beverly Hills firm to dacheene. Navajo Housing Authority recover $5 million that had been invest- board chairman. ed and not repaid. It has been alleged that Miller and the American Funding had returned about others accepted checks totaling $115,000 $8 million to the tribe before the corpo- from American Funding, reportedly as ration was placed in receivership. NHA personal loans for stock investments, will lose in excess of $4.5 million on the balance of the $13.3 million due and but executives of a Farmington, N.M., owing, according to Assistant U.S. Attor- bank said the checks were never ney Gary Scales. cashed. Miller stepped down from his $20.000- Miller, Eldred and Schaffer, if con- a-year post April 10 after he and two victed, face a maximum sentence of five other Navajo officials were told by Nava- years in prison and a $10.000 fine on jo Tribal Chairman Peter MacDonald each of two conspiracy counts, 10 years either to explain their dealings with and $10,000 on each of three interstate American Funding or resign. transportation counts and five years and $5,000 for each of three counts for mis- The other two officials did not resign applying tribal funds. INDIAN NEWS CLIPS OFFICE OF INFORMATION 202-343-7445 VOL. 6 No. 47 November 20, 1976 THE WASHINGTON POST Thursday. November 18. 1976 Jack Anderson and Les Whitten Battle Over Alaskan Wilderness In the name of civilization, white The department has been receiving has become bogged down in litigation. Americans have pushed the Indians pressure from the same, selfish white It's an old, sad story. Time and again, off their hunting grounds and herded interests that have succeeded in sub- the federal government has signed them onto reservations. The only wild- verting Indian treaties in the past. The treaties with the Indians, that guaran- erness left open to them is Alaska's big-game hunters and recreational in- teed millions of acres but delivered vast, frozen tundra and timberland. terests fear, not without cause, that only thousands. By act of Congress, this last open ter- the hatives will limit the hunting on At this moment, protected white in- ritory was granted to them in 1971. their land. terests are illegally draining off the The Alaskan Indians, Eskimos and Business and political circles also are life-giving water of tribes in various Aleuts were declared the rightful own- uneasy over the economic power the parts of the country-under the eyes ers of Alaska's wilderness. natives will wield if they finally gain of a government that systematically Their ancestors had roamed this control of their vast acreage. Already, welshes on its commitments. harsh country for centuries. The Su- 12 federally funded, native corpora- preme Court supported their right to tions have been set up to determine the region in an 1837 decision. Then in how best to develop the land 1969, a giant consortium of oil compa- The Interior Department, therefore, nies, known as Alyeska, prepared to has been obstructing the transfer of FOND build the Alaska pipeline. the Alaskan wilderness to its native The company, in clearing the right owners. Congress gave Interior the au- of way for the pipeline, found the au- thority, for example, to reserve certain thorities unsure over who owned the easements. The purpose was to provide. GENALD ASTURITY Alaskan wilderness: The 1971 act was the general public with rights of way supposed to have settled the issue. across native territory. But the federal bureaucracy, as The department seized upon this we've pointed out in the past, doesn't provision to issue massive, blanket ho and Shoshone Indians in always pay attention to the laws that easements on the entire coastline of Wyoming. Congress passes. The Interior Depart- Alaska and around all inland rivers Some $50,000 of the money ment has shown a decided reluctance and lakes. The dispute over this action will go to St. Stephens Indian to implement the act. School south of Lander; $125,- 000 to the Wind River Indian Wyoming Education Association Inc. DENVER POST and $42,979 to the Arapaho DENVER, COLORADO Indians to get Education Committee in Fort Washakie. Date 11/8 The grants represented only HEW grants three of 42 HEW grants total- ing $4.5 million that went to In- dians in the six states that Associated Press The U.S. Department of comprise the department's Health, Education and Welfare Region VIII - Wyoming, has earmarked nearly $218,000 Colorado, Montana, Utah and Dakotas. in education grants for Arapa- UNITED STATES DEPARTMENT OF THE INTERIOR-BUREAU OF INDIAN AFFAIRS 1951 Constitution Avenue N.W. Washington, D.C. 20245 STAR TRIBUNE CASPER, WYOMING Date 11/8 Indian givers Like old ghosts, the mistakes of The end result of this massive Regardless of the outcome of the past continue to haunt us. gathering was the fact that the this particular action, it certainly An interesting item caught our government promised to pay the is representative of the trend to attention last week about a total Indian community an an- come in Indian affairs all because lawsuit in Maine which has nuity of $50,000 for fifty years. of the imperfections of white significant consequences for the The prairie was also divided in man's law. West. large segments and allocated to The federal government in the Indians may legally own two- individual tribes. years ahead is bound to spend thirds of the State of Maine and The Cheyenne and Arapaho thousands in the West alone in wight now they are doing battle in tribes ended up with a generous trying to clear up the mess court to prove it. slice of the wind burned pie and created by the Great White This possibility, raised in a the treaty in effect meant for negotiators of lore. lawsuit that seemed insignificant, these two tribes alone that 6400 Here in Wyoming the claims of even ludicrous, four years ago has Indians now owned in perpetuity the Wind River Indian Reser- suddenly blocked the sale of some 90 thousand square miles or vation to all water running into, millions of dollars of municipal more than 57 million acres. Thus out, through, under or over tribal bonds, cast in doubt the ownership each Indian received 14 square lands is bound to be headed for a of private lands and whole towns, miles or about 36,000 acres for a major court battle in the months and has thrown the state govern- family of four. to come. ment into consternation. Needless to say such an This particular dispute could The suit on behalf of the agreement didn't last very long. spell trouble for farmers in Passamaquoddy and Penobscot "Why was so much potentially Fremont County and further Indian tribes charges that their valuable land given to the two downstream in the Big Horn ancestral forest lands were tribes in 1851?' Michener asked. illegally bargained away to the Basin. Because, he explains, "whites local white authorities in violation Ironically, we're learning in the believed the plains to be a desert of the Federal Nonintercourse Act Bicentennial year just how im- which could not be farmed. In- of 1790. perfect the reservation system dians were convinced they were Like all litigation this case is really has been. useful only for the buffalo." bound to drag through the courts Indian-government relations is "As always," he points out, for years but already the Indians a major theme of James "when the signifance of the have won a significant victory Michener's epic work, Centennial. natural resource is misun- with the finding that the ancient He aptly explains that a major derstood, any land settlement downfall of the white man's Act does indeed apply to the must end in disaster." treaties in the 1800's, and it Maine tribes. At least in this respect let's hope Claims in the suit center on follows, all through the nation's history doesn't repeat itsen for more than 12 million acres of history, is simply that the federal the sake of all parties concerned. land, valued at $25 billion. The government didn't know what What's really occurring is that kind of resources it had in its litigation is one of several suits the Indians have reversed the role filed in the nation on behalf of the midst. of "Indian giver" to work, at last, Native American Rights Fund, an He cites the example of the for their own interests. Indian advocacy organization Treaty of 1851 presented to the "By no means would we give up Plains Indian tribes at Fort based in Colorado. this land again," remarked one Laramie. Indian involved in the Maine affair. "Actually we didn't make the law. They made it." BILLINGS GAZETTE BILLINGS, MONTANA Date 11/11 HUD questions Crow payments to building firm By FLYNN J. ELL Of The Gazette Staff Fritzler termed the $60,000 error a "kickback" and blamed the BIA, which he said is charged with oversee- A $60,000 payment to a construction firm by the ing the housing authority's business. Crow Tribal Housing Authority has been questioned by The housing authority is scheduled to handle $2.5 tribal members and auditors for the Department of million for building 75 new homes on the reservation in a Housing and Urban Development. contract awarded to G & R, LaVerdure said. Some tribal members say the payment may be only Friztler said the Crows are the ones being short- one of a number of questionable expenditures made by changed by disappearing funds. the tribal housing group. The $60,000 in question is only the tip of the iceberg "This thing is just partly exposed," said tribal dele- in a game in which the Crows think they are being given gate Bud Fritzler Wednesday. the run around, Fritzler said. "There's a lot more coming - they've even found Since July, Fritzler has contacted President Ford people on the payroll who don't exist," Friztler said. and Senators Mike Mansfield and Lee Metcalf and Sena- Doyle LaVerdure, head of HUD's Office of Indian tor-elect John Melcher to seek help in getting all Crow funds audited. Programs in Denver, said in Billings Wednesday night that HUD has just completed the first audit of the hous- The Crows are asking that ing authority in seven years, but he characterized the in- the tribal audit be retroactive to ter-tribal charges as only "allegations." 1972. The tribe handles some $3 LaVerdure, the son of former Crow Agency Superin- million annually of combined tendent George LaVerdure, was in town following a federal, BIA and Crow monies, meeting with Crow Chairman Patrick Stands Over Bull earlier in the day at Helena. "funds. in addition to housing authority Besides audit errors, Crows LaVerdure declined to comment further on the $60,- The best advice Fritzler re- claim that homes constructed 000 overpayment reported by his assistant William E. ceived from elected officials on the reservation are poor in was for the tribe to pass a reso- quality. Hallett. who made the report in September and sent. LaVerdure a copy. lution at a Crow Council meet- Jerry Manus, Billings HUD HUD, LaVerdure said, has funded programs in ex- ing calling for an overall audit. representative, denied that cess of $5 million at the Crow Reservation during the "We have commitments charge, too, saying most homes he's inspected meet require- past seven years. from Mansfield, Metcalf, ments tions." with "minor excep- Tribal members are demanding audits of tribal, fed- Melcher, the General Account- eral and Bureau of Indian Affairs funds. Friztler said the ing Office, and the BIA in Fritzler said the minutes of Crows want to know who got the money which came up Washington to help us in any the last council meeting had not as an overpayment to G&R Construction in the audit. way they could if we got this been approved by the tribal ad- G&R Construction. a Lodge Grass-Seattle firm, has han- done," Fritzler said. ministration either, nor had a dled two housing contracts on the reservation, he said. During a special meeting of resolution calling for an imme- LaVerdure. said the audit was conducted because the tribal council on Oct. 10, the diate per capita payments to HUD issued new regulations March 9, taking over that Crows passed ,by a 289 to 4 tribal members. the responsiblity from the BIA, which had been in margin, a resolution to audit The angry Crows see Stands charge lished. of audits since the housing authority was estab- the tribe's finances. But Fritzler Over Bull's refusal to act on the said the present tribal admin- resolutions as an attempt to stration headed by Stands Over squeeze them into a re-negotiat- ed coal deal with Shell Oil Co. Bull has so far refused to sign "Then, Shell's cowboys will the resolution. come riding out of Young's LaVerdure said he and Creek with a per capita for the Stands Over Bull agreed in Hel- Crows and Stands Over Bull ena to discuss the HUD audit will be yelling,, 'Hi yo, Silver' problems at a "later date" LaV- and reaching for his check," erdure declined to specify. Fritzler said. Stands Over Bull was unavaila- ble for comment. The Bostmi Glube BOSTON, MASS. Minneamalis Tribune MINNEAPOLIS, MINN. (SIGNING) D. 276,671 ON 570,834 D. 223,455 SUN. 604,516 NOV 1 0 1976 OCT 31 1976 Maine Indians told: Navajo map offered 'Be patient' A Navajoland, U.S.A., published by the Navaio Tribal I urge the governor of Maine to re- Council, can be obtained for 50 consider his decision to halt negotia- cents from the Navajo Tribal Mu- tions with the Penobscot and Pas- seum, Window Rock, Ariz. 86515. samaquoddy Indians. It is also available at information but far less detailed maps of the centers and trading posts. Free, Their class-action suit alleges that 12 million acres of land were stolen by region can be obtained from the the State of Maine. In 1970 a Federal Gallup-McKinley County Chamber law was enacted that insists that the of Commerce, 103 West U.S. 66, government must approve all treaties Box 1395, Gallup, N.M. 87301. involving Indian land. The land-steal- ing treaties of 1794, 1796, and 1818 were signed without Federal approval, thus The Ballan Marning Name violating Federal law. DALLAS, TEXAS For thousands of years the native D. 259,569 SUN. 314,000 Americans were caretakers of their Mother Earth, while in only 400 years we have brought this land to the brink NOV 2 1976 of disaster with nuclear holocaust, DDT, animal extinction, radiation and other maladies stemming from our Indian officials general disregard for our environment. On one hand, we have had for cen- turies a group of people telling the In- dians to be patient and to trust the planning major white man, act peacefully and through the courts. On the other hand we have national meet a group of native Americans who have seen their mother beaten for hundreds Indian officials from across the of years while struggling to maintain a Southwest met here Monday to pursue culture of their own. recent promises from Dallas Native The State of Maine is telling the In- Americans for more political dians to forget the courts and negotia- involvement. tions and is handing them resource-de- The chiefs and tribal representa- pleted scraps. tives met at the American Indian Cen- ter (AIC) to plan a major national po- The people of Maine should support litical convention of the National the dislocated Passamaquoddys and Congress of American Indians (NCAI) Penobscots and educate their misguided here next year. governor as to who is the best caretaker It marked the first time in several and legitimate owner. years that representatives from Dallas' PATRICK J. O'CONNOR rival Indian communities in East UMass-Amherst Dallas and Oak Cliff had joined in a Amherst common project, officials said. Tribal chiefs and Indians in govern- ment and local agencies discussed NCAI's political strategy Monday dur- ing their initial planning meeting for host arrangements. The main priority of the 34-year-old Indian congress is to gain more influ- ence with the U. S. Congress, said the NCAI delegation. Minneauntis Trihnne MINNEAPOLIS, MINN D. 223,455 SUN. 604,616 The Julus Trihune TULSA, OKLA. NOV 5 1976 D. 79,425 Sioux NOV 5 1976 to be honored today Participants in a conference on Indian education will have a cere- mony in Mankato, Minn., today to honor 38 Sioux Indians who were hanged in the aftermath of the 1862 Sioux uprising in Minnesota. The ceremony will be held on Main St. near where the gallows were erected in 1862. JOHNNY CHUMWALOOKY, LEFT, AND TOMMY WANEGO The weeklong conference is being held in the Twin Cities to discuss Indians make 'good' welders alternate schools controlled by In- dians and to focus attention on the recent cut in federal funds used specifically for educating In- A large group of Indian youths are firms are providing high pay and other dian children. learning the welding trade at a private incentives to attract welders willing to Tulsa school and the owner says they have a "natural" ability to perform the stay a sufficient amount of time, often Funds have been cut from $55 million to $40 million. The two work. in remote areas, Adams explained. Indian-run alternate schools in the Noel Adams, owner of Tulsa Welding Adams said the demand has caused the Twin Cities-the Heart of the School, said he is training 33 of the school to teach three shifts per day, Earth Survival School in Minne- young men, many placed by the Area five days a week. apolis land the Red School House Employment Assistance Office in Mus- He said 82 per cent of all students in St. Paul-rely heavily on feder- kogee. are graduated from the school course at funds. International pipeline construction which runs from five to 16 weeks. The Minneapolis school, which has about 95 students, received grants this year totaling $240,000. The St. Paul school, which has about 100 students, received $210,000, according to the Depart- ment of Health, Education and Welfare. Other grants in Minnesota went to the Mille Lacs Reservation at Onamia ($148,000), the Minnesota Chippewa Tribe (two grants total- mg $165,500) and the National Indian Education Association in Minneapolis ($133,000). The conference is scheduled to end this weekend with pow- wows Saturday and Sunday and suppers both nights with tradi- tional Indian foods. The meal Sat- urday will be at the Union Gospel Mission in St. Paul and Sunday at the Native American Center at 6 p.m. Rocky Mountain News DENVER, COLO. D. 214,490 SUN, 236,903 OCT 23 1976 Ray Tracey: Indian for Indian PATHANNA there are some whites who just don't News Staff dians, but people are generally good and WHEN RAYMOND TRACEY was a little boy care what's in your heart.' back on the Navajo Indian Reservation in When he started college, be found militant in- kids to northern Arizona, he and the other kids went to dian friends who wanted to stick with the In- see western movies like everybody else. dian ways. 'No Indian is going to forget what "We'd see those Indians up there on the has happened in the past. The militants have screen portraying a massacre, burning homes, their place. I'm not saying had à fair shake in the land treatment. But I have learned cheer shooting the whites with bows and arrows, and when the trumpet blew and the U.S. Cavalry to like the white man's world. What's past is came galloping to the rescue, we Indian kids past. My culture is today. If I take the best cheered for the good guys. The whites. from Indian tradition and white technology, I can be my own man and hopefully do anything I "I was always asking my dad to buy me six- want." shooters so I could play cowboys and Indians. Everybody wanted to be the cowboys, nobody WHAT HE WANTS IS as much a question to wanted to be Indians him as many other young men his age. He had The handsome young man with the intense planned to be a civil engineer, following in his eyes relaxed. Then smiled. "We were seeing father's footsteps, until a chance meeting led to ourselves through the eyes of the white man a screen test and a leading role in "The Great and we were savages." American Indian" a couple years ago. "I was the kid who never watched TV in the evening Tracey is 23 now with 2½ years of college and hated having his picture taken and here I work toward a civil engineering degree and two films towards a career in the movies behind am, an actor!" him. But he still remembers the fear he experi- Next came the title role in "Joe Panther," enced when his parents decided it was time for premiering in Denver Tuesday him to leave the reservation and go to the white m 54 theaters across the state. What had seem- man's school in Kaysville, Utah, in the Latter- ed a "kick" has taken on a new importance. day Saints placement program for youngsters. "I'm serious about a film career. It's shaky business but I'm all for new things to see and "I HAD THE SAME problems any minority learn and do. I still want to get that engineering kid has there were SO many of 'them' and degree but first I want to see what happens only one of me. I felt I wasn't as good as the with this. I'm going as far as it takes me." white kids. My foster family was very good to me but it was still awfully hard for a young He hasn't been back to the reservation Indian to be thrown into a completely different doesn't plan to go back. "But my dad's proud of world." me. My mom well, she is more education minded. She keeps asking 'When are you going In retrospect he realizes "We had it pretty to get out of the movies and get on with your good on the Navajo reservations. We had a fan- education?' My dad's cool. I like my dad." tastic school system for such a remote area. You could get a good education if you wanted it, HE'S ALREADY GOTTEN some hassling and my parents prodded me to do my best in from his militant friends expects more. "I school. Still the best training and the best know I'm going to get feedback, but I'll accept grades in the world don't make you too sure of it. There are always two sides of an issue. If yourself in a new environment. It took me a you live in the past, you'll end in the past. I long time before I snapped out of it and started want to live in the future. I want to be a winner. going after things at school joining clubs and I don't want to die wishing I could have tried going out for athletics. I ended up vice presi- something. dent of the student body. "Besides, Ithink these movies might help the "It took me all that time to realize people are Indian cause. They show Indians and whites the same it's the individual who puts him- are pretty much the same. A lot of people on self in a situation. White kids had been trying to reservations have it rough but what can I do be friends. I just wouldn't let them because I about that? This way I can help a few kids. by felt different. Actually I became popular BE- showing another Indian is trying to make CAUSE I was different. good.' Besides, now Indian kids can cheer for "Finally I made peace with myself. I realized an Indian instead of the cavalry. BIA lob Actions NOVEMBER 15, 1976 FEDERAL TIMES In a blistering condemnation of Bureau of Indian Affairs' handling of such personnel activities as merit promotions, recruiting, equal employment and illegal de- manpower planning system. Inept,' Savs CSC tailing of employees, the Civil existed 95 vacancies in BIA head- In conjunction with the budget Service Commission rapped the quarters, "an extremely high per- process, input is obtained from agency's job personnel services centage - over 25 percent - of tribal sources concerning future unit as "inept, totally ineffective total positions." needs of BIA-provided services. and ruinous for a headquarters CSC noted, for example, that the establishment." This information is used by pro- position of support services offi- gram officials to determine the cer, GS-15, has been vacant since This is the thrust of a recent future level of services to be pro- September 1974, or more than two CSC evaluation report, which also vided while taking into account years. accused the personnel services anticipated appropriations. office of having met with "a com- Regarding the merit promotion plete and total breakdown" in its These data are translated into program, CSC said that the re- efforts to fill vacancies in BIA, an projected manpower needs to en- sults of questionnaires and inter- agency of the Interior Depart- sure that the right numbers of views with BIA employees indi- ment. people with the necessary skills cate "an extremely low number of and abilities are available employees believe that promo- Deficiencies in BIA's personnel throughout the organization to tions are given fairly in BIA." servicing, as spelled out in the carry out the BIA mission. commission's evaluation report, For instance, only 15 percent of follow: CSC noted, however, that "this employees responding to the com- information is not transmitted to mission's questionnaire believed The placement process is the personnel management divi- that promotions are given fairly, "poor." sion for dissemination to operat- compared with a governmentwide ing personnel offices." average of 30 percent. There are long delays in com- pleting job processing actions. Consequently, these offices are Although acknowledging that unable to respond "in the most this can be traced in part to the Qualifications of prospective effective manner to the needs effects of Indian preference on employees are poorly evaluated. identified. promotion opportunities, CSC Merit promotion program "Thus handicapped, it is not noted, nevertheless, that "the operations are fraught with viola- surprising that recruiting efforts fairness of promotions ranks low tions. have been ineffective and are not among Indian employees also. meeting BIA central office Recruiting is ineffectual, par- "This is not surprising in view needs," CSC said. ticularly with regard to Indians. of the nature and number of BIA's recruiting needs are promotion-related procedural and The servicing personnel office somewhat different from those of regulatory violations found by the "is inept and almost totally inef- other federal agencies. survey team," the commission fective - ruinous for a said. "These violations have had a headquarters establishment." This is because the legal man- net effect of reducing opportuni- date of Indian preference and ties for employees to compete for Staffing level and mix of jobs what CSC described as "the promotion." are not related to the work that uniqueness of the BIA mission" must be done. tend to narrow the potential labor CSC also rapped BIA for im- The level of expertise is low, market from which the bureau proper use of details of employ- essentially it is a clerical opera- may draw. ees. tion. CSC was told by numerous BIA The commission's survey team Technical guidance is not officials that "it is extremely dif- uncovered 22 instances of employ- available to the job servicing unit ficult to attract Indian candidates ces informally assigned to other from the bureau's personnel man- to Washington, D.C." positions for extended periods, more than 30 days, without appro- agement division. CSC contended, however, that priate documentation. "these difficulties and constraints In view of its findings. the com- only underscore the need for a Such action, said CSC, was in mission recommended that the more active approach to manpow- violation of the requirements of servicing personnel office be er planning and recruiting. Federal Personnel Manual Chap- placed under BIA's personnel ter 300, subchapter 10, which management division. since man- "The absence of a unified man- stipulates that any detail exceed- agers do not trust the servicing power planning program and the ing 30 calendar days must be personnel office in critical or key ineffectiveness of recruiting of documented in the employee's actions. forts have resulted in a failure to official personnel folder. obtain people with the necessary Among other weaknesses it skills and abilities to fill key posi- Details which extend beyond 120 uncovered, the commission noted tions in the BIA headquarters days must be approved in advance that although BIA has available office," CSC said. by CSC. The commission noted most of the information necessary that 15 of the 22 detail violations to project manpower needs, the As evidence of this failure, CSC involved situations requiring prior agency possesses no complete cited statistics which show that at approval from CSC. the time of the evaluation, there Regarding Indian preference Also, CSC noted that "there has and staffing practices, BIA offi- been no EEO training provided to cials sought to vilify the Indian supervisors, managers or employ- preference practice as being the ees during the past 12 months." major deterrent to a merit staff- Nor has there been any wide ing program within BIA. issuance of EEO policy guidance CSC disagreed. or dissemination of information, particularly on Indian preference "It is not Indian preference per and its interrelationship with the se which has caused the prob- overall EEO program. lems," said CSC, "but the lack of - ANDRONICOS. a comprehensive and definitive policy on how Indian preference is to be administered in the context of merit staffing practices. "Neither top management nor personnel has put forth such a policy," the commission added. Consequently, interpretations of how Indian preference applies in merit staffing actions differ in various parts of the organization. For example, some vacancies have remained open because no qualified Indians had applied while other vacancies have been filled by non-Indians, "with no apparent attempt to recruit In- dians," the commission noted. "This causes a ripple effect on staffing programs, as evidenced by high number of vacancies, long delays in filling positions and excessive use of details," CSC said. The commission also leveled sharp criticisms of the agency's equal employment opportunity program. charging that it "is characterized by a lack of support by top management and little ac- ceptance by supervisors and em- ployees." Employees expressed disbelief to CSC interviewers that there was even a program in existence - and the prevailing view at all levels is that EEO and Indian preference are incompatible. "Overall, little attention is given the program and even less interest is shown in developing positive action in response to re- quirements," the commission said. Even though there are 531 minority group employees out of an agency employment total of 832, CSC contends that BIA efforts are inadequate in recruiting and developing Indians, other minor- ity group members and women. The commission also found that there exists no upward mobility program in the agency, even though 65 percent of Indian cm. ployment is concentrated at the GS-2 through 7 levels. THE DAILY OKLAHOMAN their husbands who are OKLAHOMA CITY, OKLA. employed by the uni- D versity. 16' FEDERAL NOVEMBER 22, 1976 Spekesmen for the OCT 22 group, Sharon Garcia, 1976 said the event will be geared toward the Indi- Indian Arts an woman. "There will be two 15 Papago parts to the program. For Women Lucillia Wise will gave a talk on 'Appreciation Indians Nab of Indian Creativity' Are Planned and students from Con- Smugglers cho Indian School will give readings of their / "INDIAN Fine Arts own poetry," she said. Five more Papago Indian patrol - A Female Prospec- ON DISPLAY will be officers have been hired by the tive", jointly sponsored original paintings by U.S. Customs Service to help pa- by the Oklahoma Arts five female Indian art- trol the smuggler-ridden 60 miles and Humanities Coun- ists, Mary Adair Horse- of U.S.-Mexican border near Sells, cil and the National chief, Sharron Ahtone Ariz. Endowment for the Harjo, Ruth Blalock The new recruits bring to 15 the Arts, Washington, D. Jones, Virginia Stroud, number Customs has assigned to C., will be presented at Carrie Wahnee (who the area, which lies within the 7 p.m. Oct. 29 in the paints under the name Papago Indian Reservation. University of Oklaho- "Water Girl"), and ma Stovall Museum, Previously, non-Indian Customs Mary Bresser Young. 135 Asp, Norman. officers faced difficulty disguising The paintings will be their presence, negotiating the Aiding with the fine on exhibit on the sec- desolate terrain and communicat- arts program is the ond floor of Stovall and ing with the Papago tribe mem- Norman-based "New the "New Sooners" will bers who speak an unwritten lan- Sooners," an organiza- be available as tour guage almost impossible for tion for women and guides. The artists will outsiders to learn. be present to discuss the paintings. U.S. Commissioner of Customs Vernon D. Acree appointed seven WORLD members of the Papago tribe as TULSA, OKLA. Customs patrol officers in 1974. Later, their number was increas- D. 114,22? SUN. 200,191 ed to ten. Since their appointment, the NOV 2 1976 Papago Customs patrol officers have made 63 drug seizures total- ing 37,256 pounds of marijuana. l.o, The Poor Indian! There have been 45 arrests, with 48 vehicles and 16 horses seized. REMEMBER the crying Indian of arguing economics. The container Many of the horses have been put tv commercials? Well, the warrior industry contends the ban of non- to work with the Customs Service in the Sells area and at Lukeville, moved to tears over the littering returnables would cost 82,000 jobs Ariz. habits of Americans has done his and the industry millions in no- longer needed machinery. job too well. But the Environmental Protection At least that's the opinion of the Agency said such a ban nationwide container and packaging industry on throwaways would save the which sponsored the Keep America equivalent of 115,000 barrels of oil Beautiful campaign, of which the a day and provide 118,000 jobs for warrior was a part. recycling activities. The Indian and other efforts to Regardless of the outcome, the spotlight litter problems prompted weeping warrior isn't anymore. His three States to ban non-returnable industry sponsors want to run a containers from even being used. tv commercial of him smiling over Tuesday, four more States will the success of cleanup campaigns vote on measures to halt the use and coincidentally show there is of non-returnables. The results of no need for anti-throwaway laws. the vote in Colorado, Maine, Mas- The EPA and the National Wild- sachusetts and Michigan could well life Federation dropped out of the determine the direction of the anti-litter campaign over this, cal- "bottle battle" in the U.S. ling the proposal an industry front. Both sides have won some skirm- Lo, the poor Indian! He can't ishes in the war and basically are win, even when he does win. The Salt Make Criturite SALT LAKE CITY. OTAH OCT 10 1976 Charlie Knows His Trade ROOSEVELT NATIONAL to look at the mountains, not signs. get away with it. I'm one-quarter WOREST, Colo. (UPI) - When an I try to be inconspicuous." Blackfoot, one-half German and a elderly woman tourist marched He sat in the tiny room, a short, quarter French, but they look at into his trading post and tried to hunched-over man with a large me and say he's just an Indian." teach him about Indian jewelry, nose and dark black hair combed Charlie Eagle Plume threw her out During the three-month tourist straight back. He worked on the season, Charlie operates his trad- and closed early for the 1976 wig, chain-smoking cigarettes as ing post with the help of Il season. he talked. part-time workers. He says he has **I ain't never hit old ladies," he "Got to clean this here wig up an estimated $3 million worth of said. "They fight dirty and I ain't for my lectures. Got to look neat, artifacts and jewelry in his shop. as young as I used to be." clean and sexy." Each year in September, he packs If there is one thing Charlie it up and ships it to a nearby knows, it is Indian jewelry. Charlie The shop is only open from June storehouse for the winter. was sitting in the back of his shop, to September, when Charlie begins braiding a long Indian-style wig he traveling throughout the country Anthropologists at the Universi- wears while on his winter lecture lecturing to any group that will pay ty of Colorado Museum in Boulder dircuit. At his feet sat a huge black to hear him. said Charlie promised to give them Doberman who watches over his Recognized Expert $1 million worth of artifacts upon master. Despite his contankerous na- his death. But the old trader said ture and tendency to spin tall tales, he would include a provision in his Nestled Among Trees he is a recognized authority on the will stating if the security at the The trading post is nestled artifacts and jewelry of the Nava- museum doesn't improve in 15 among the Aspen trees on the jo, Hopi and Pueblo Indian tribes. years, the collection will be trans- winding highway between Allens- ferred to another school of his park and Estes Park, at the base of "I'm a damn good talker," choice. 14.256-foot Long's Peak. You have Charlie said. "I say things in my to look closely though, for Charlie's lectures that would drive a man "The other $2 million worth of place is small and only has one outta town. They'd drive him out stuff I'll give to a couple of kids small sign out front. on a rail. who take over my trading post. If "It's my theory," he said, "if "But I wear this here wig, see, they don't want it, I'll just give the you come up here 1 figure you want and an Indian costume and I can whole damn lot to the state." MILWAUKEE SENTINEL MILWAUKEE WISC. D. 167,705 Courte Oreilles band of Chip- pewa Indians, were set for OCT 3 0 1976 late November and Decem- ber. Fifteen Indians A motion for change of venue was submitted for those requesting jury trials. Atty. Gene Potack, represent- Deny Charges ing the Indians, said that the Some of the violations oc- suspects could not receive a curred more than two years fair trial in Sawyer County. ago. The most recent was last An earlier motion submit- April. Over Hunting ted by the defendants to dis- Charges include possessing miss the charges because In- deer or fish out of season, dians retained hunting and Special to The Sentinel hunting with an artificial fishing rights on lands ceded light, possessing a loaded to the US in various treaties Hayward, Wis. - Fifteen firearm and taking fish from Indians pleaded Innocent in was dismissed by County a fish refuge. Sawyer County Court here Judge Alvin Kelsey. Friday to charges involving "All people off the reserva- violations of various Wiscon- tions should be treated equal- sin hunting, fishing and safe- ly," Kelsey said. His decision ty regulations. earlier cleared the way for Trial dates for the sus- the 15 Indians to be tried in his court. pects, all members of the Lac He was informed by Comissioner Robert V. Smith the city council decides how many mem- bers sit on the housing commission. George Ormiston, authority executive director, endorsed the idea of a special Indian counselor and recruitment program. BILLINGS, MONT. He noted, however, that staff positions and his GAZETTE budget are subject to approval of the housing D. 44,000 SUN. 56,000 commissioners. In other action at the board meeting, attorney OCT 3 1976 Dan Fowler said there was no way the authority could enforce a curfew on tenants of Sooner Ha- ven and SE 15 and High housing projects. An Indian view He said authority security guards do not have the police power to enforce such a curfew, and I read the brochure cir, :- that such a regulation might constitute illegal of this great country we call ed by the Montanans Opposing selective enforcement of a city ordinance. America I wonder what hap- Discrimination (MOD), and I pened to posterity along the The projects have been plagued by vandalism should like to make the follow- way. The MOD organization ad- and crime late at night and Ormiston said several ing comments in regard thereof. vocates objectives which I feel tenants had requested such a curfew. It is apparent that the mem- are dictatorial. This is suppos- In other action, Danforth was voted vice chair- bers of MOD are not wholly edly a democratic form of gov- man of the housing authority, filling a vacancy aware of United State's past ernment with electoral repre- history and probably could ca sentation. created when former commissioner Lloyd C. less. Two hundred years ag American Indians have Roach was declared ineligible to serve on the your forefathers had a consci- fought in many wars for the ide- board. ence concerning the ravishing als of this great country. Many Under board procedure, Danforth will become died, large numbers disabled, board chairman July 1, 1977, when the term of many highly honored and deco- current chairman Mrs. W. Rogers Abbott expires. rated. What greater love hath man that he lay his life on the line for his neighbor or friend? The Miami Terald Indians owe allegiance to the MIAMI, FLA. United States of America, not D. 384,824 SUN. 486.568 citizen-organized groups who are concerned with the loss or gain of self-preservation. I hard- OCT2 9 1976 ly think Fort Peck reservation would want jurisdiction over non-Indians. We couldn't build Statistics for 1972-74 a jail quite that big. Contrary to belief, Indians do pay federal income tax on Minorities Increase earned income. Trust income, no. Businessmen on the reser- vation have prospered very well. Also, I haven't seen any starving farmer-ranchers lately. In College Classes MOD speaks of the Home- stead Act. Non-Indians and lobbyists were responsible for making this possible. The WASHINGTON - (AP) - Mi- Spanish-surnamed by 105.4 per American Indian could only nority enrollment in the nation's cent, Asian-Americans by 33.7 per abide and Fort Peck Indian re- colleges and universities rose 11.7 cent and American Indians by 6.4 servation has been gobbled up per cent between 1972 and 1974, per cent, the agency said. since. Yet we have survived. with major strides in private col- Total minority enrollment in MOD wants supremacy over leges and universities, the U.S. Of- 1974 was 587,835 in public institu- Indian treaty laws. Article II, fice for Civil' Rights announced tions and 227,301 in private institu- section 2, part 2 gives Congress Thursday. tions. the power to make treaties, not The government survey showed Across the board, American Indi- only with the Indians, but for- that, white enrollment in public in- an enrollments were up 2.3 per eign powers also. MOD defies stitutions actually decreased during cent from 33,919 to 34,692; blacks this portion of the U.S. Consti- the two years, from 3,986,450 to up 19.2 per cent from 489,496 to tution, reference MOD declara- 3,964,292. White enrollment in pri- 539,500; Asian Americans up 8.7 tion of purpose. Article III, sec- vate schools rose modestly from 1,- per cent from 67,662 to 73,527; and tion 2, gives the judicial branch 405,862 to 1,448,368. Spanish-surnamed up 20.8 per cent of government the power to re- from 138,631 to 167,417. solve these treaties. MINORITY STUDENTS repre- The one exception to the trend The MOD organization has sented 11.9 per cent of the total was in graduate schools, where en- shed new light on the true feel- higher education enrollment in rollments of American Indians and ings of their group as far Indi- 1972 and 13.1 per cent in 1974. Asian Americans declined over-all. ans are concerned. Custer made During the the two-year period, his last stand gallantly. MOD black enrollments in private IN PRIVATE professional may very well see the American schools increased by 27.9 per cent, schools, American Indian enroll- Indian make his last stand for Cont'd the Indian is a true warrior. Ray K. Eder Poplar The Seattle Daily Times OKLAHOMA CITY TIMES OKLAHOMA CITY, OKLA. D. 91,144 OCT 26 1976 Center named after OCT 20 1976 recovered alcoholic Racial bias By MARJORIE JONES he also became an alcoholic. In the mid-1960s he hit Skid Road, working Six years ago an Athabaskan In- claim made dian looked through the bars of his only occasionally when he sobered up. Finally his health again was af- padded cell in the city jail, so ill fected. that his future was questionable. In August, 1970, when he was ar- Yesterday he stood in front of the rested, a woman physician in the new Indian residential-treatment city jail suggested Turner ask the on housing center at the Cedar Hills Alcohol- ism Center in Maple Valley and judge to sentence him to Cedar Hills. heard County Executive John Spell- By Teresa C. Pitts "I did and it saved my life," Tur- man dedicate it in his name. A public housing commissioner today accused ner said. "It's quite a surprise," said Er- the Oklahoma City Housing Authority of "gross nest Taylor as Spellman shook his TURNER, DETERMINED to discrimination" by not providing homes for more hand. "I had no idea you were help other Indians, went to the Uni- American Indians and Mexican Americans. going to name it after me." versity of Utah to take a course de- Out of 2,300 families living in homes or apart- The Ernest Taylor Residential signed to help Indian alcoholics. Re- ments subsidized by the federal government in Center will provide intensive care turning here, he put together an al- Oklahoma City, more than half are black, and to Indian alcoholics, long consid- coholism program through the only 15 are Indian, commissioner Louis F. Dan- ered a major need. There are 32 Seattle Indian Health Board. forth told a board meeting today. beds for men and 12 for women. For the past three years he has been director of the program. He "According to the 1970 census, the ratio of "We're not segregating Indians will supervise activities at the cen- blacks to Indians (in Oklahoma City) is 4 to 1, yet as an ethnic group," Taylor said. ter. in public housing, blacks occupy 57.1 per cent of "We're segregating the problem Turner is chairman of the Nation- the units, and Indians six-tenths of 1 per cent, and which we recognize as the No. 1 al Indian Alcoholism Advisory Com- Chicanos and Orientals three-tenths of a per problem among American Indians." mittee. He also coordinates activi- cent," Danforth said. ties of the Thunderbird Fellowship "These figures prove, to me at least, that there THE $200,000 center for Indians House, a halfway house for Indian is gross discrimination in the system and that this and a new 96-bed long-term facility alcoholics and an information-and- to be opened in January were fund- situation should be remedied immediately." referral agency on Skid Road. ed by Referendum 29. The total cost Danforth proposed that government funds pro- will be about $1 million, with 25 per vided under a new rent subsidy program be uti- cent coming from the county. lized to increase the number of non-black minori- "Lack of understanding of Indian ties in public housing. ways, cultural heritage and life- style has hampered treatment," The Native American Center in Oklahoma City Spellman said. "With the opening of has complained of housing discrimination to the this facility an important missing U.S. Office of Housing and Urban Development. link is added to King County's com- The complaint has been turned over to the office prehensive treatment system." of fair housing and equal opportunity in Dallas. Spellman cited Turner's leader- The center has asked HUD to investigate the ship in getting the center estab- housing authority's policies for evaluating minori- lished. ty applications for housing and to require the au- Turner, 46, came here in 1950 for thority to hire a special counselor to work with In- treatment of tuberculosis. When he dian applicants. recovered, he became a barber, but Bob Gardner, of the Indian Training and Em- ployment Program, told commissioners today they also should allow an Indian to sit on the board. Cont'd Waukau Ousts Green Bay Press-Gazette Wednesday, Nov. 3, 1976 A-9 Menominee Sheriff Fish KESHENA (PG) - One of In another race, Marie L. summer to replace Mary the more controversial sher- Frechette, a Democrat, de- Grignon, who resigned to be feated independent Mabel E. tribal courts clerk. iffs in Wisconsin, Kenneth M. Fish, has lost in his bid to re- Brown for the county clerk Republican Richard Stadel- main as Menominee County job. The vote was 563 to 446. man also was unopposed and sheriff. The present clerk, Louis was re-elected as district at- He was defeated 599 to 547 Dickie, is retiring. torney. by William (Kooch) Waukau Robert Waukau, a Demo- Tuesday, according to Men- crat, is the new coroner. He ominee County Clerk Louis defeated Coroner Alfred Corn Dickle. Sr. in the Sept. 14 primary, Fish, a Democrat, was ap- and was unopposed in the gen- pointed sheriff by Gov. Pa- eral election. trick J. Lucey on April 16, Also elected without opposi- 1975 and was seeking his first SHERIFF FISH tion were Democratic Treas- two-year term as sheriff of presently are enjoined from urer Barbara Frechette, Reg- Menominee County. serving because they have fe- ister of Deeds Jean S. Besaw Waukau, a Republican, lony records. and Clerk of Courts James La Rock. La Rock was appointed last presently is a deputy who claims that Fish has demoral- ized the department. MINNEAPOLIS, MINN. Since being appointed, Fish MINNESOTA DAILY has come under criticism for DAILY 35 000 his actions during a shoot-out Feb. 3 of last year that result- ed in the deaths of John Wau- banascum Jr. and Arlin Pa- OCT 1 9 1976 manet. A state Justice De- partment probe cleared Fish in that matter. He also was cleared of an Group asks release of Indian allegation that he was intoxi- About 50 members of the Native cated while breaking up a explained that two other Native drinking party in Keshena American Solidarity Committee Americans charged in the same case (NASC) and their supporters márch- about a year ago. were acquitted this summer and Nine of his deputies also ed to the Canadian Consulate in Min- charges against a third were dropped. neapolis Monday to demand the Bailey assured the demonstrators release of Native American activist that their statement would be con- Leonard Peltier. sidered when Peltier's appeal comes Peltier, a Sioux from Grand Forks, N.D., has been imprisoned in Van- up later this month and that a copy would be forwarded to Canadian couver, B.C., since February. The Minister of Justice Ronald Basford, United States has asked for Peltier's who would make the final decision if extradition to stand trial for a murder the matter is not resolved in court. in a June, 1975, shootout at the Pine "We'll just have to wait and see Ridge Reservation in South Dakota in now," Bailey said. which two FBI agents and one Native But according to NASC member American were killed. Karen Northcotte, NASC has no in- tentions of waiting. Cathy James, a member of NASC's The organization's 26 chapters will national coordinating committee, hold demonstrations in several cities read a statement asking for Peltier's and gather petitions and sponsoring release and political asylum in speakers. A people's tribunal also is Canada to Canadian consul John H. being organized, Northcotte said, "to Bailey. James said the United States expose and challenge the role of the seeks Peltier's extradition as "part of FBI in oppressing native people.' a systematic attack on Indian people At a press conference Friday, through our country's courts." James said Peltier's case has received A District court judge in Van- a lot of support in Canada. But his couver ruled in September that suffi- chances of winning the appeal, she ex- cient evidence existed for Peltier's ex- plained, would be helped by similiar tradition. But David Tilson of NASC support in the United States. ment rose the fastest although the actual numbers of those students remained small. There were 538 Indian students in private profes- sional schools in 1974, up 24.2 per_ cent from the 433 in 1972. The number of blacks in private professional schools increased 7.5 per cent, from 8,684 to 9,334; Asian Americans up 4.6 per cent from 2,457 to 2,569; and Spanish- surnamed up 13.8 per cent from 2,625 to 2,998. Total minority enrollment in law schools rose 111 per cent, to 11,103 in 1974. Total minorities in medical schools increased 50 per cent, to 6,- 119. In 1974, there were 3,757,916 fe- male undergraduates and 4,403,316 male undergraduates. In graduate schools, there were 469,267 fe- males and 599,125 males. In profe- THE DAILY OKLAHOMAN sional schools, there were 48,480 females and 179,944 males. OKLAHOMA CITY. OKLA. D. 169,001 SUM. 282,676 NOV 4 1976 Indian Activist Lashes Out at Hometown Ponca City Police PONCA CITY - In it's time to come tal, has not given a his first visit to his na- home." statement to police. tive Ponca City since Camp was recently An AIM spokesman released from a federal said Calls Him would being released from prison after serving 14 contact city officials prison, Indian activist months for his partici- Thursday. Carter Camp lashed pation in the Wounded AIM members, city out at the local police Knee seizure and occu- officials, and the five- force during a rally pation in South Dakota. member city commis- here Wednesday. "I'm perfectly willing sion met here early The afternoon rally, to have another Wound- Wednesday to discuss which included Camp ed Knee in Ponca City how to stop alleged and other American In- if that's what it takes similar incidents from dian Movement lead- for justice," Camp occurring in the future. ers, was held to protest said. Mayor Kenneth alleged police brutality City officials have Holmes said a grievance in Ponca City. temporarily suspended City officials and the committee or council the police officer in- FBI are investigating that will be ap- volved in the arrest of allegations that a 24- pointed by the Indian Edward Calls Him, year-old Indian man said Marion Van Hue- was beaten while under people" will be estab- sen, assistant police lished "so we can build arrest on a public chief. An internal in- the bridges and not dig drunkenness charge. vestigation by the city Neither of the investi- of the Oct. 22 incident the gullies between our a healing process that gations is complete. is expected to be com- people." comes out of t`.is," "I knew we had a lot plete by Monday. "I think we will have Holmes of things wrong here in Van Huesen said the Internal investigation is Ponca City," Camp being hindered because said. "But when these Calls Him, who was re- police, these pigs, bru- portedly treated Oct. 23 talize my brothers then at a Poncal City hospi- The Restru Glabe BOSTON MASS (EVENING) D. 176,264 Much of the Navajo reser- The is enough tribal and vation is desert scrubland. Federal scholarship money During the hot summer NOV available for every Navajo 3 1976 months, it is rare to find wa- who wants to go to school to ter in the streambeds, baked be able to do so on a full Still cling to past and cracked from the blaz- scholarship, said Thomas ing sun. Jackson, president of the But in the mountainous College of Ganado, a private Navajos reject areas, the pine forests are junior college on the reser- cool and green. vation. But he added that few do. The chief form of trans- portation is the pickup "If you've been herding offer to improve truck, often battered into sheep all your life, the possi- premature middle-elass bility of your dreaming to America. In fact, tribal lead- be an airline pilot is very ers are trying to bring mid- remote," he said. By Ann Impse Susie Black has six chil- dle-class America to the res- Virtually every Navajo, ame dren to raise in this octago- ervation with modern hous- from sheepherder to secre- nal one-room hogan. A small MONUMENT VALLEY, ing, supermarkets and some tary, still participates in the barrel converted to a stove industry. The transition is ceremonial "sings," part re- Utah The Navajo reserva- provides heat. Light streams difficult. ligious ceremony, part medi- tion is a world apart. The through the smoke hole and sun's hot glare blazes into door. There are no windows. Lack of experience with cinal and part social. the deepest recesses of natu- such modern skills as Busi- Friday Kinlicheene, 81, is ral sandstone canyons. Even The metal beds, over- ness management has re- a Navajo medicine man. He the insects seem to have for- stuffed armchair, wooden sulted in Federal old age by specializes in the Night saken this desolate land, for shelves and gas stove look the rugged roads. Only 4 Way, or Yeibichai Dance, a the silence can be complete. out of place on the dirt floor, percent of the reservation's ceremony for mental illness. against walls of skinned roads are paved, mostly by. Medicine men specialize in Occasionally, a small herd juniper logs. A tiny propane the Federal government. only a few of the more than of sheep tended by a young tank is stuck into the mud There is nothing tangible 50 ceremonies, for they are Navajo or an elderly woman that covers the outside of will pass into view, in to prevent the Navajes from complicated. In the nine the högan. crossing the reservation days of the Yelbichai Dance, search of further grazing Susie Black must travel 30 border to try to make their Kinlicheene will sing 576 among the scattered tufts of miles over rutted dirt and way into investigations of songs and supervise four grass and desert bushes. sand roads for water and the tribe's finances. sand paintings and four Navajoland covers 25,000 supplies. ceremonial dances. No one pays property tax- square miles across Arizona, New Mexico and Utah. Change of power es, for the Navajos do not own their land. The tribe But it is more like a poor, On March 12, 1966, Presi- does. Only those who live in underdeveloped country of dent Sukarno of Indonesia tribal housing pay rent. the Third World, struggling turned over his power to Characteristics and cus- with the same problems of anti-Communist Lt. Gen. toms instilled by the Navajo poverty, drought, illiteracy, Suharto. culture - alien to the lack of decent roads. Its lan- Many houses of Navajo- rushed and competitive life guage is obscure, making land are not much better of the rest of the United education difficult. Many of than Susie Black's hogan. States - hinder the Nava- its people trust the old cere- Only 18 percent are large jo's way into the white monies and medicine men enough for all their inhabit- man's world. more than doctors. ants (usually six or seven), and have water, electricity Navajos teach their chil- Many of the people still live in mud-and-log huts and access to a road, accord- dren deference and coopera- called hogans. They say ing to Bureau of Indian Af- tion. They try to reach their these are cooler in summer fairs figures. decisions by consensus. and warmer in winter than Navajos live in this large- In the white man's world conventional-style houses. ly desolate reservation be- these characteristics come Susie Black lives in a ho- cause it is their ancient across as extreme shynes, gan in Monument Valley, an homeland, because they lack of competition, indeci- isolated, beautiful area of were born here, and because siveness. Non-Indian teach- sandstone monoliths on the the government put them ers find that children will Arizona-Utah border. The here. neither ask questions in area has often been used as class nor volunteer answers. a backdrop for television commercials and Westerns. THE ARIZONA REPUBLIC PHOENIX. ARIZ. D. 202,242 36N. 301,213 OCT 2 4 1976 Explore Arizona How to see Havasupai 6297.F SUPAI - Havasupai Indian Reservation in. For the less hardy, Grand Canyon Helicop- the extreme western end of Grand Canyon ters, P.O. Box 455, Grand Canyon, Ariz. 86023, National Park is a remote spot among tower- provides service into the canyon. Individual ing red cliffs and waterfalls. rates are determined by the number of people Toget there turn north off U.S. 66 six miles taking the flight. Each aircraft has a seating capacity of four persons in addition to the east of Feach Springs and travel north passing pilot. through the southeastern section of the Huala- parvidian Reservation and across the Coconi- The Havasupai Indians first settled in the no Plateau. It is a drive of 64 miles to Grand Canyon around 1200 A.D. They traded Hualanai Hilltop where you park your car. with other tribes, such as the Hopi. Father Francisco Garces, a Spanish priest, found his Advance reservations are a must. You have way into Havasu Canyon in 1776. He was three options as to how you want to make the probably the first European to make contact into the Havasupai Canyon. Many with the Havasupai. Spanish missionary efforts prefer. to hike down the twisting eight-mile failed and the Havasupai continued to live trail.into Supai. All campers are required to happily - and separate - from the rest of the call The Campground Reservation Office to world. confirm or make reservations before leaving the rim. Their sanctuary was finally penetrated in the second half of the 19th century - by To make sure you have a place to camp cattlemen, prospectors and loggers. A small write Campground Reservations, Supai, Ariz. reservation was established in 1882 but the 86435. Reservations will be held until 10 a.m. Havasupai continued their separate existence. on the day of use, unless confirmed by calling It is only in recent years that many outsiders from Hualapai Hilltop. Camping permit tags have found their way into Havasu Canyon. are issued on arrival at the tourist office in Supai. The Tribal Council limits the maximum For additional information write the Arizo- number of campers to 135 per day. na Office of Tourism, 1700 W. Washington Phoenix, Dept. H, 85007. For those riding down, reservations for horses must also be made in advance. Pay- ment for all services should be made in cash. Riders need carry only a camera, canteen and similar items needed for the trail. Transporta- tion from Hualapai Hilltop to Supai Village by saddle or pack horse is $25 per animal round- trip or $20 per animal one way. limited number of motel-like accommoda- tions are available. These include beds, linen and bath. A communal kitchen with dishes, cooking utensils, gas stove and refrigerator is located in the building for the use of all guests. Rates are modest. A tribal store offers staple groceries, fresh meats, fruits and vegetables at reasonable prices. THE ARIZONA REPUBLIC PHOENIX, ARIZ. D. 202,242 SUN. 301,213 OCT 24 1976 Black 4297 River region has It isn't too late for river bass fishing and the spot-of-the-month definitely is Black River which divides San Carlos and Fort Apache Indian reservations. great fishing The two most successful Arizona fish introductions in decades have been stripers in the Colorado River and temperatures turn icy and the metabo- smallmouth bass in Black River. I'll lism rate of the smallmouths slows leave it to your own pet fishing fancy down for winter. which rates highest. The last week in October and early This time of year, thoughts swing to November are hard to beat in Black beautiful Black River where foliage has River. This is especially a good time for turned to crimson and gold and bronze- large flyrod streamers and topwater backs are foraging for food in a crisp popping bugs. The traditional Calmac and clear river. bug remains one of the deadliest for Black River is strictly a backpack late-season smallmouth action. adventure and the toughest routes will Although Bill Carey and his party lead you to hottest bass action. You can scored well on tiny plugs, more fish are catch small bass until your arm gives caught on Mepps spinners than any out using muddler minnows and stream- other smallmouth enticer. Favorites are ers on flyrods, or, by casting spinning evenly divided between those with buck- lures like the Mepps and Z-Ray. tails and the standard version with red Such was the case for Phoenicians Bill plastic tail. Black River remains one of the truly wilderness backpack fishing streams in the state. Chances are you will see Bob black bear, deer, bobcat and perhaps even a mountain lion on a two-or three- day hike. You actually are more apt to Whitaker see bear tracks than human footprints along wildest stretches of the stream. There are several well-defined traffs leading into good fishing water, but best and Steve Carey, Chuck Raines, and results are found where you reach the Stan Eissinger. On a recent three-day stream by following game trails. I've trek into the depths of this unscarred fished the river five times and always canyon with towering cliffs rising 600 found poorest fishing around the estab- feet above the river, they caught and lished trailheads. released batches of pound-size bronze- backs. They went in from the Fort If all this has whetted your fishing Apache side, dropping into the canyon appetite, here are a few tips to remem- above Bonito Creek. They reported ideal ber: use lightweight backpack gear and weather and stream conditions. keep your load to a minimum; hiking boots are a must for hiking in and out, These conditions should hold up well but canvas shoes are the ticket for into November. As waters chill, small- wading once you hit the stream. Stay mouth action increases until alert for rattlesnakes-even scorpions- and carry a first aid kit. One last suggestion, pick yourself up a Fort Apache Indian Reservation small game permit because pine flats flanking the canyon generally play host to heavy flights of bandtall pigeons. Seattle Hanst-Intelligeurrr D. 182,557 SUN 245,209 OCT 30 1976 MINORITY VOICES Fund Cutback Hurts Local Indian Education BY TERRY TAFOYA The cutback in federal funding to President, Indians into Communications education in general, continued Patter- son " does not relieve us of the "For the First Americans the past responsibility of dealing with the imbal- has often been stained and shameful. In ances that exist. Native Americans are the last few years your hard work and not only a racial entity, they are politi- the cooperation of our federal govern- cal entities as well. They have special ment have been dramatically turning rights which are based on constitutional law which guarantees the treaties. One this tide. Today, the future for Indian guarantee was education." children is full of new found freedom, One of the local programs severely opportunity and self-fulfillment. I com- affected by cutbacks in fund is the mit myself unequivocally to the kind of Indian Teacher Education Program coordinated effort that will continue this (ITEP) at the University of Washington. trend in the years ahead." The above Headed by Willard Bill, a Duwamish- quotation is from President Gerald Ford's Muckelshoot Indian, ITEP has lot its recent letter to the National Indian Edu- federal money. The program provides a cation Association. training ground for teachers of Indian Indians are used to hearing fine students and a resource center for the words from high places but we live Indian community. In the past the pro- daily with the actions of administration gram has operated by providing serv- rather than the words. ices to paraprofessionals, including teacher aides going to community col- The reality is that Native Americans leges, who could then transfer into the have accomplished a great deal toward ITEP undergraduate component at the improving their educational situation in UW, and finally enter the ITEP gradu- spite of the government rather than be- ate program. Graduate ITEP students cause of it. For example, in Washington serve as community resource people and State for 1975, the ratio of non-Indian staff for the ITEP center. teachers to non-Indian students is nearly 23 students to one teacher. "The ratio of Ford also stated in his letter to Indian pupils to Indian teachers is 139 NIEA: to one," according to the last annual "The progress of the '70s toward es- report on Indian education, prepared by tablishing a firm base from which to the State Superintendent of Public In- build quality education programs for In- struction (SPI). dian children will not go unnoticed. As educators, parents and laymen actively Little can change in Indian education participating in this vital effort you are if we do not have Indian educators in to be commended for your energy and the school system. Unfortunately, the success in the past few years. My ad- federal government sees more in num- ministration is solidly behind your en- bers than in needs. To the federal eye, deavors." there is a teacher surplus. But " out of 40,593 (FTE) certified positions in the ITEP has a proven record of accom- public schools, 193 are Native Ameri- plishment and the general support of the cans," reports Harold Patterson, from community. ITEP has no more federal the SPI's office. Patterson (a non-Indi- funding. an) supports Native American recruit- Bill Daisy, a student in ITEP has ment into education. Indian teachers said, "they took a few years out of 200 would serve "as role models for Indian to provide for Indian educators. Now children and combat alienation," he they don't see it as a priority any said. more." The Inter Trihune TULSA, OKLA. D. 79,425 NOV 1 1976 Indian Opportunity program director cites gains By KATHY CALLAHAN Hayden continues. "That wouldn't be the case if we didn't do Of The Tribune Tempo Staff anything; we are viewed as an organization which gets NORMAN WHEN IOLA HAYDEN INITIATED THE things done. We might have been feared for a while because economic development drive for the Oklahomans for Indian we were an unknown factor. Now what we have done is Opportunity program, she was told the only way to help the more evident. "Some tribes in Oklahoma have felt threatened by this Indians in eastern Oklahoma was to buy them a bus ticket program," she adds. "And, the majority of the staff is out of the region. female. The tribes really don't have to fear us as much as She didn't listen to that suggestion. they used to. The youth programs have been successful; As director for the OIO, Mrs. Hayden believes the non- there are people working at our centers who formerly were profit corporation has made strong economic gains in recent in the programs." years. In 1975, the Oklahoma Indian Development Corporation, The OIO has set up centers. throughout the state Law- ton, Holdenville, Ponca City, Sallisaw. Weatherford and a subsidiary of OIO, purchased the Moore Hat Company in Wright City. Lawton. "We put together our own resources and purchased "These centers are 'there for all people," Mrs. Hayden the company, Mrs. Hayden explains. "If we hadn't, the says. "In particular, we want to make Indians aware of company would have left town." It manufactures western what programs are available to them." style straw hats. The second company owned by OIDC is the Red River A comparison cannot be made between the OIO programs and those of a similar nature in other states, she contends. Stitchery in Anadarko, which produces home furnishings. The "We are further along here in a lot of things. We are mov- items are sold at such stores as Bloomingdale's and Macy's. ing toward having more tribally oriented Indians, and this "We are a statewide self-help organization trying to make can be beneficial. But, those in the urban areas aren't things happen," she says. tribally oriented. When dealing with federal funding, the urban Indians are pitted against the 'reservation Indians,' Mrs. Hayden joined the OIO staff in 1965 as the assistant which divides us even more. director when the program was organized. "I was told an In- "Recently, a lot of people have claimed 'Indian' ancestry, dian woman couldn't be the director, in title, but I. did the when they have minimal Indian heritage," she continues, work of the director." "more S0 on the East coast" than locally. This partly is due The program was begun with a rather vague idea, Mrs. to the Indian Finance Act passed in 1974." Hayden continues. This was during the early years of the War on Poverty and the focus was on leadership training. FOR TWO YEARS, Mrs. Hayden directed the Americans "We could write pages ON the problems we saw. Finding for Indian Opportunity program in Washington. Later, she solutions to the problems was what we needed. We initiated was.with a HEW program for one year, before returning to training to get Indians involved with the communities in OIO. which they live." Indian Centers were organzied- one of "I am having the opportunity to do the type of work I was which was in Tulsa with the focus on youth programs. The wanting to do. As OIO director, she also is the president of youth programs no longer are funded by the OIO office, but the companies owned by the OIDC. and, since the office re- are supported by other organizations. ceives federal funds, Mrs. Hayden must spend a lot of time visiting with government agency officials. She de- THE OIO BEGAN TO concentrate on economic develop- scribes herself as being a "tough task master. ment about eight years ago because "Indians are farther "This work is somewhat unstructured. I have to be able to behind in economic development than blacks and other move and dc things on my own." There are about 20 people minorities. on the paid staff throughout the state. The local centers have "We can't push someone to go into business," Mrs. Hay- volunteers and actively seek more volunteers. The board of den contends. "We must make sure the feasibility for a par- directors is composed of 41 Indians and non-Indians, who ticular business is there and that the Indians can work at meet feur times a year. Nine members of the board com- it." OIO is funded by the Office of Native American Pro- prise the executive committee, which meets once a month. grams in the Department of Health, Education and Welfare: The staff is working with the local groups to provide train- the Office of Minority Business Enterprise in the Depart- ing and technical assistance for the centers. "We work with ment of Commerce, and by a grant from the Ford Founda- the staffs on basic counseling, the use of resources, and how tion. to remove the barriers which keep Indians from getting ser- vices. Mrs. Hayden, a full-blood Comanche, says as the OIO "Some feel they have a to identify with an Indian person becomes better known, the public will feel less threatened by for that person to like them, by saying 'I am related to an the office. Indian princess.' I don't need that. I accept people as they "There is a positive view by the public toward us," Mrs. are." Deseret News SALT LAKE CITY, UTAH D. 70,990 OCT 23 1976 Next stop, Washington Indians wind up meet By Twila Van Leer ly urged that federal funds be directed to tribes Deseret News staff writer without going first through the states in which they are located. 'Justice through Sovereignty," the theme of the convention of the National Congress of American The tribes also will seek legal recourse against Indians which ended at the Salt Palace Friday, was infringement on trust rights and responsibilities, supported by action on a number of resolutions. either through the Department of Justice, or, in cases of conflict of interest, through U.S. payment of fees Delegates from 113 tribes have considered several areas of government-Indian relations and for lawyers and other private counsel. developed resolutions intended to reestablish the Delegates heard a report Friday from a tribes as independent entities within the United committee which has studied the provisions of Title States 20 welfare benefits. The provisions were unaccept- able in their present form, a panel told the delegates. The resolutions will be considered during deliberations of an Indian Policy Review Commission Suggestions for refinement to benefit Indians and in Washington, D.C., which will make recommenda- recognize the sovereignty of tribes included provid- tions to Congress on Indian policy. ing for funding direct to the tribes rather than through states; basing of grants on need, rather than It was the consensus of delegates that the Bureau of Indian Affairs should be abolished and replaced by on percentage of the population; simplified account- an agency on which Indians would have more power, ing procedures. possibly with cabinet status. Trust income should be exempted in determining In a resolution on tribal government, the eligibility for health and welfare programs, delegates agreed. A separate social services act to deal with delegates reaffirmed their contention that the federal government has no right or authority to limit Indian specific Indian welfare and social needs will be tribal organization, and that federal responsibility is sought. primarily to protect the rights of Indian tribes to The delegates also approved an international, continue to exist as sovereign, self-governing bodies. intertribal pact to monitor agencies which handle In the resolution, the Secretary of the Interior adoptions and to trace children adopted out of the tribes contrary to tribal policy. and the BIA are excluded from any authority except in the exercise of trust responsibilities. Under terms These children fail to learn their identity as of the document approved by delegates this week, American Indians, panelists said, and do not receive Indians would have sole jurisdiction of all lands and other benefits they would if not adopted outside the people within their boundaries, with right to tax, tribe. regulate land use and natural resources. The convention also agreed to persist in obtaining In meetings regarding jurisdiction, intergovern- a $450,000 Health, Education and Welfare grant to mental relations, health and welfare and natural assess social and welfare needs of Indians. The grant resources, the NCAI reperesentatives have repeated- was promised, but has never been forthcoming. The Julna Crimme TUI.SA, OKLA. D. 79,425 NOV 2 1976 Legal warriors upholding Indian rights By BILL SAMPSON many and serious. Problems concerning health, education Of The Tribune Staff housing, employment, tribal overhmen and BIA domina tion were exposed. A pattern of revived Indian rights is emerging in eastern Several tribes, notably the Creeks, presented a comprehen- Oklahoma. sive recommendation for reform of Indian policy. The com- It can be seen in several developments during 1976. They mission is authorized to present such recommendations include: Congress for consideration, Many Indians are hopeful more 1. The startling $177 million appraisal of the Arkansas enlightened Indian law will result, but those experienced River bed property owned by the Cherokees, Choctaws and in Indian-government relations are not holding their breath Chickasaws announced last spring. The amount stunned even until then. the lawyers for the tribes who had proven the Indians' fee 5. The recent Cherokee claim that federal revenue derived title in the U.S. Supreme Court. from generation of electric power from surplus unappro- The bulk of it was in powerhead value at the dams on the priated water by the Southwestern Power Administration in river generating electrical power. That principle, developed streams covered by treaties and patents in the old Cherokee by appraiser W. R. Holway and Associates, opened new avè- Nation is theirs. This is symptomatic of the Indians' new nues of thought for the Indians in regard to their water legal aggressiveness, standing up for their rights which were rights and revenue from them. ignored 70 years ago when Oklahoma became a state. They 2. Implementation of a new Cherokee Nation constitution point out the SPA is as much their trustee as any other part that authorized a deputy chief and a 15-member elected of the federal government. council. This should provide not only a "check and balance" If there is anything to this claim, it could provide a source and a minority voice in the tribe's government at Tahle- of continuing revenue for the Cherokees that might relieve quah but also a stronger representation of this second larg- the government of considerable expenditure for Indian af- est American Indian tribe as an influence in Congress and in fairs. eastern Oklahoma politics. 6. Delay of a proposed water sales contract between the 3. The Harjo vs. Kleppe decision in a Creek Indian case City of Tulsa and Public Service Co. of Oklahoma for Verdi- which ordered reconstruction of the Creek Nation govern- ment centered at Okmulgee. The Creeks must include legis- ris River water stored in Oologah Reservoir and covered by lative features of their 1867 Constitution in a new constitu- 19th century Cheroit patent and fee title. The issue has at- tracted the attention of die state attorney general and a new tion they have planned. More important than the local political impact on the BIA Rights Protection Office being established at Muskogee. Creeks, the court also held that the Bureau of Indian Affairs The developments cited are new but the principles upon had overstepped its authority considerably, using bureau- which they are based are old. They have been ignored for years and the Indians have until recent times been virtually powerless to protect themselves even from their own legal a news guardian, the United States government, in many instances. Whatever guilt feelings there may be about Indian treat- ment among some elements of the American public aside; analysis the developments cited here are based on law, not emotion or sympathy. The Indian wars are over and the battles on the plains are cratic policy decisions to impose unwritten law upon the history, but the historic documents-the solemn treaties, the Creeks since Oklahoma statehood. acts of Congress-are alive. According to the court, the BIA must back up, loosen its They are inspiring the late 20th century Indian legal war- hold on the Creeks and let them exercise more freedom in riors to take their fight for existence into the white man's deciding their own affairs. This development is not lost on arenas-the courts, the Congress, the Indian Claims Com- many other tribes which have meekly followed the BIA dic- tate for years. mission. And it is hoped in some quarters that those locations need 4. The American Indian Policy Review Commission hear- not be used as a last resort. Honorable and responsible men ings in Oklahoma which provided a platform for airing In- reviewing established facts and law regarding Indian rights dian grievances and expressing Indian ideas. They were should be able to reach reasonable settlements of Indian issues without always entering litigation. BILLINGS, MONT. GAZETTE D. 44,000 SUN. 56,000 BOSTON MASS. HER ID AMERICAN 0.20,000 OCT 21 1976 NOV 1 1976 A boy to commend Indians win state fight October 9, while in Billings same honest character that on an infrequent personal and David has. The 15 Indian child- TACOMA, Wash. Puyallup Indians business shopping trip, I lost a ren that come daily to the Cen- who carried out a week-long armed oc- container holding my personal ter surely need the food that cupation of a state juvenile facility have credit cards and a sum of mon- the money could have pur- smoked the peace pipe with the govern- ey from parent fees from the chased. ment and left after getting a promise Ashland Child Development The Center is having to oper- the 33-acre facility would be turned over to the tribe. Tribal Leader Ramona Center which I direct on the ate on a very limited budget Bennett signed the agreement minutes Northern Cheyenne Indian Re- since the project is no longer before a court-ordered deadline for re- servation. funded by the agency that sup- moval of the Indians. When the settle- My container was found by ported it last year. and we are ment was announced, several Indian an unknown person, the money trying to keep the Center open men circled a large drum set up on the taken and the holder and the for the benefit of the children front porch of the main building, raised credit cards discarded in the and their working mothers who clenched fists to the sky and sang tribal parking lot of the grocery store are trying to provide for their songs. where lost it. families. Young David Carpenter, Again, I want to commend 2324 Stillwater Avenue, found David and his family for their the items, took them to his par- willingness to assist me. It sure- ents. and they called me Satur- ly would be wonderful if the day night and told me of the party who first found my mon- discovery. I want to publicly ey and cards could reconsider commend David for his honesty their action and mail the money and his parents for their con- to me. I certainly would love to The Culsa Trihmur cern in getting the found items write a thank you note to that TULSA, OKLA. back to me. person in the name of the child- It certainly is to be regretted ren of the Center. D. 79,425 that the first party that found Barbara R. Mefford my holder did not have the Lame Deer NOV 4 1976 Cherokee council to meet Dec. 4 getting on with important tribal busi- dition to telling McSpadden those on his Tribune State Staff list were "acceptable." TAHLEQUAH Cherokee Chief ness. Ross Swimmer has announced he plans The political campaign to elect the A TULSA CANDIDATE on the to convene here Dec. 4 the new tribal deputy and council caught the chief in McSpadden list, Lowell Townsend, said council being elected this month. a bind recently when he approvel an endorsement of 15 candidates by tribal he appreciates the McSpadden endorse- The Cherokees are electing by mail business manager Vance McSpadden. ment but emphasized he is an indepen- ballot 15 council members, and a new deputy chief authorized by the constitu- He has opposed slate tactics. dent candidate and not on any slate. tion they adopted last summer. The "The McSpadden endorsement is not Townsend, who owns a claims busi- voting deadline is Nov. 12. a slate, Swimmer said. "Vance ness, said he is a halfblood Cherokee, a Swimmer guessed that about 90 to 95 showed the names to me and asked if I native of Eldon community, and that if approved of the people he listed and I elected he would not be subservient to per cent of the votes that will be cast in the election have been mailed here now told him I did, but there are others I Swimmer but he would work with him also encouraged to run for the council for programs he considered best for the although he said he didn't know how many of the more than 20,000 ballots and they would be acceptable to me if Cherokees. have been returned. elected. A powerful force in the campaign has "I think most of those who are going "Some of the people on McSpadden's been a slate of candidates headed by to vote have voted by now," he said. list did not even know he was endorsing Tulsan James Gordon, seeking the them, SO they could hardly be consid- deputy chief post, and supported by a SWIMMER SAID he envisions the na- ered a slate," the chief said. "They new Indian political party, Cherokees ture of the council as a board of direc- didn't get together and organize them- for Responsible Government. tors or advisory board more than a po- selves and actively campaign to- Tulsa County Sheriff Dave Faulkner litical body. He said he will express gether." has been campaigning as an indepen- that idea to the new council when it Swimmer named Richard Spohn, Nel- dent for deputy chief. Swimmer has en- convenes and emphasize that political differences should be settled so the son Smith and Frank Coon as can- dorsed Sallisaw Mayor Perry Wheeler council's efforts can be directed toward didates he had encouraged to run in ad- for the deputy job. TNT 11/6/76 norizons By ROBERT B. MOTTRAM building, aquaculture" potential of the TNT Staff Writer reservation area. The Puyallup Tribe, as an The Puyallup Indian Tribe is using enterprise, already pumps about $1.5 its 2-month-old Indian smokeshop busi- million a year into the Tacoma-area ness as a means of raising the capital it economy, Erlich said, obtaining it from needs to move into a wide range of new federal grants and other sources. economic enterprises, a tribal spokes- "Our joint objective should be to man disclosed yesterday. have the money circulate in this area," he said, "whether it be in the native Richard Erlich, manager of the community or the non-native commu- tribe's Community and Economic De- nity. It's good for the area." velopment Enterprise, outlined the plan for the Industrial Committee of ERLICH SAID that objective is not the Tacoma Area Chamber of Com- being met in connection with the merce. tribe's cigarette business. It buys its cigarettes outside the state, he said, THE PLAN includes possible con- because it fears local supplies could be struction of a 125,000 square-foot too easily cut off by state officials con- sheet-metal fabricating plant on trust testing the tribe's right to sell untaxed land within the Puyallup Reservation; cigarettes to non-Indians. negotiations with a non-Indian con- "But people are going to continue to struction firm for possible creation of buy cigarettes," he said, "and we're a tribally owned. joint-venture con- going to continue to hassle the state. struction company; creation of a res- We're not going to shut down." taurant-museum on the reservation; Developments in the tax dispute construction of a tribal school at what with the state that would allow the is now the Cascadia Juvenile Diagnos- tribe to buy its cigarettes from local tic Center: and development of plans wholesalers "would be beneficial to "to deal with the whole fishing, boat- this community," he said. tugs WIII DU equipped TNT 11/4/70 Indianc seek help in tagging samon The Small Tribes Organization of tion into Dyes and Sinclair Inlets. Western Washington has asked sports- The aim is to tag 100 fish a day, with men to cooperate in a fish-tagging an ultimate goal of 5,000 taggings, a study under way in the Northern Kit- spokesman said. The purpose is to sap Peninsula area of Purtet Sound. determine whether salmon go through The project is being sponsored joint- Agate and Rich passes to streams on ly by the Suquamish Indian Tribe, the the Kitsap Peninsula, to estimate the Bureau of Indian Affairs and the Small rate of migration and to estimate the Tribes Organization. density of different stocks on the The organization says participants spawning grounds. in the study include the Suquamish, The organization has asked sports- the University of Washington, the men who catch tagged fish to return State Fisheries Department and the each tag to John W. Mitron at the U.S. Fish and Wildhie Service. It in- University of Washington, along with velves the tagging of chura and coho information on the time and place of salmon aboard a purse seine vessel capture, the condition of the fish, its near the peninsula in order to estimate sex and its size. the rates and the paths of their migra- The project ends Nov. 24. Vasc-columban Boldt rule still standing U.S. District Judge George Boldt's Sen. Warren Magnuson, D-Wash., 1974 order granting special fishing touched on the matter during a visit to rights to Indians covered by a series of The Columbian last week. He said that 19th century treaties has survived yet even if Pacific Northwest congressmen another legal test. were to introduce a bill, it would never On Monday, the U.S. Supreme Court pass. Furthermore, if any bill modify- refused to consider a challenge to ing one treaty were introduced, it Boldt's order by a Seattle commercial would immediately become the target fisherman. So the Boldt decision re- of hundreds of amendments dealing mains in effect. with every Indian treaty the govern- ment ever signed. But the latest action - or refusal to act - by the high court probably won't About the only hope Magnuson could put an end to legal and legislative ef- hold out was that the federal govern- forts to mitigate the effects of Boldt's ment would continue to increase the decision. Other legal challenges are in amount of money spent on enhancing process or planned. Legislators the fish runs so that Indian and non- promise efforts on the state and Indian fishermen will have abundant national levels to do something about fish to share. the 1974 ruling. And some fishermen, That's what it finally comes down to. notably the gillnetters working Puget The fisheries have to be improved. And Sound, continue attempts to change the state officials and non-Indian law by demonstration and protest. fishermen have to recognize that the It isn't likely the Boldt reading of the Boldt decision is the law of the land and old treaties will be changed in court. must be lived with. Every time the Supreme Court acts as Whether Dixy Lee Ray or John it did Monday, the body of precedent Spellman is elected governor today, supporting Boldt grows. Nor are the fisheries in general and the Boldt deci- treaties likely to be abrogated by sion in particular should be given Congress. priority attention in the weeks ahead. Seattle Post-Intelligencer D. 182,557 SUN. 245,239 OCT 28 1976 Ramona Bennett-a Cool, Witty, Charming Leader By JACK WILKINS w4297F P-I Southside Bureau TACOMA - Ramona Bennett scheduled a demonstration three years ago at the Cascadia juvenile detention center - and concerned Taco- ma police worried that she might be plannning a takeover then. Two police intelligence officers went to her mobile home near the town of Rainier, held brown-eyed Indian children on their knees and listened to a lecture on American history. "She was so charming, we almost forgot what we went there for," one of the officers recalled. To ask Bennett, 38-year-old chairwoman of the Puyallup Tribal Council, the number of demon- strations, arrests, sit-ins and other confrontations in which she has played a part is like asking German Gen. Heinz Guderian how many Russian tanks he saw in 1944. At times, her blue eyes have been like ice, freezing a zealous Game Department officer or an aggressive newsman in his tracks. Yet, despite her gutsiness she obviously hates violence. Recently she referred contemptuously to some armed Indians as "The Puyallup Tribe's answer to John Wayne." Whenever she is around children, Indian or non-Indian, the eyes dance, and invariably the children go to her. Who is this lithe wisp of a woman, whose face and biting wit could place her in County Court but whose family tree contains some roots plant- ed in this continent long before the first cauca- sians arrived? There are many Ramona Bennetts, but she maintains strongly that there is one thing she definitely isn't. "The press creates a whole set of so-called -P-1 Photo by Dave Po Indian leaders, but there are no Indian leaders because there are no Indian followers," she said PUYALLUP TRIBE CHAIRWOMAN RAMONA BEN yesterday at Cascadia while waiting for a deci- sion from U.S. District Court Judge Morell Sharp It's a real honor tabe with the people here" on whether he would accept jurisdiction in the state's suit to force the Indians to leave the through our hearts and thoughts. Sometimes building. in this case, we spontaneously come togeth "If there had been Indian followers, there she said. would be no Indians left now. Indians would have "No, I'm not a leader. It's a real honor t been wiped out. We are individuals, acting with the people here. They have a dream strong community with families growing toget re-developing our unity and spirit that were most destroyed by alcohol and drugs and Con Los Angeles Times Wed., Nov. 10, 1976 Postscript: Catch 22 for Indians: U.S. Gives Them Land but They Can't Use It It has been two years since President Ford signed a bill in which the government tried to make things up to the tiny Bridgeport Indian colony of Mono County by handing over 40 acres of federal brush- land as a new home. But the Bridgeport colony-fewer than 20 Paiute families who in 1972 suddenly found themselves "squatters" on land they thought they owned- have yet to move from their shacks to proposed new housing on the adjacent property deeded to them under the bill by Sen. Alan Cranston (D-Cal- if.) It turns out someone found some Indian artifacts on the colony's newly won property. which means that under federal law an archeological clearance must be obtained before federal funds can be grant- ed to build low-cost housing. In effect, the Bridgeport Indians face more delay because some long-dead ancestors were careless encugh to leave a few tools and rock scratchings around. "We've waited and waited and still don't have anything to show for it," says Henry Glazier, 33. re- servation project director. "Some of our people don't think anything will ever happen." Other than the death of our elders, little has changed in the shantytown colony in the Sierra since 1972 when it turned out 03 nership of the land had slipped from the Indians long before. They were suddenly told they were to be evicted for a subdivision. The colony members learned they lost ownership when the U.S. Senate refused to ra- tify a treaty way back in 1851. Times photo by John Malmin And they found that a succession of new owners began in 1914 when someone took over the proper- ty by the simple means of swearing there were no Indians living on it. The current owner is not pushing the eviction and is willing to wait for the latest problem to be worked out. The Western Archeological Center in Tucson, an agency of the National Park Service. is about to award an archeological environmental study con- tract, probably to the University of Nevada. Presuming a significant number of Indian arti- facts are found on the property, the government will have to decide how to construct low-cost homes for the Bridgeport colony without too much archeological damage. "We're thinking in terms of having the study completed by the end of the year," says John B. Clonts of the center. But most of the Bridgeport Indians have long since stopped thinking in terms of time at all. Jack Jones Paiute Indian< outside shacks at Bridgeport colony that has been awaiting new housing. "If the Indians have a legal right in the matter will be examined by its new the water I think they should receive a Rights Protection Office when it is es- royalty," said Peter King, administra- tablished. tor of the SPA. Pierce is perhaps the foremost au- He indicated the legal argument is thority on Indian legal affairs in Okla- Julan Crimune a mater for lawyers rather than the homa. He was instrumental with as- agency he administers to decide. Pierce TULSA, OKLA sociate attorneys in obtaining an $18 contends federal administrators have million judgment in the tribe's Chero- D. 79,425 as much trust responsibility for the In- kee Outlet case finally resolved by the dians as do lawyers. Indian Claims Commission in 1972. At the request of The Tribune, SPA Pierce, Muskogee attorney Andrew OCT 29 1976 is compiling a report of how many kilo- watt hours have been generated by the Wilcoxen and their associate attorney dams in question since they were built. proved Cherokee fee title to the Ar- Cherokees' It is predicted by some at SPA that kansas River bed in eastern Oklahoma before the U.S. Supreme Court in 1970. probable "average" price per kilowatt A subsequent government appraisal set hour of about 9 mills (almost one cent) the value of that property at $177 mil- per hour applied to the total hours ex- lion, the bulk of it powerhead value of power sale pected to be revealed by the requested Kerr and Webbers Falls Dams on the report will show Pierce is talking about river. many millions of dollars. PIERCE'S VIEWS of the entire ques- SPA OFFICIALS said the kilowatt tion of surplus water rights in eastern issue aired hours record can be ascertained but Oklahoma were sought by The Tribune as the issue continued to make news - that it would be impossible to deter- the Tulsa-Public Service proposal being mine exactly how much revenue each one example and the periodic discus- By BILL SAMPSON of the dams produced because SPA sion of transfer of water from humid The Cherokee Indians have "vested power is "pooled" in a grid system and eastern Oklahoma to the more arid rights" in millions of dollars of federal western Oklahoma being another. sold at various rates in different revenue derived by the Southwest Pierce said the Cherokee claim to Power Administration's sale of electric places. unappropriated surplus water in the power, a tribal lawyer claimed today. The SPA grid covers six states - streams of the old Cherokee Nation is The claim was made by attorney Oklahoma, Texas, Kansas, Missouri, mainly based on the same principles Earl Boyd Pierce of Fort Gibson, who Arkansas and Louisiana. proven in the Arkansas River bed case, has been studying the matter of Chero- SPA energy sales reached 9.5 billion the Cherokee Outlet case, and referred kee water rights for years. kilowatt hours in fiscal 1975, an in- to in the 1960 U.S. Supreme Court deci- He said revenue from electric power crease of 12 per cent over 1974. SPA sion in the Grand River Dam Authority generated at Tenkiller, Fort Gibson, hydro generation totaled almost 9 bil- case. Robert S. Kerr and Webbers Falls lion kilowatt hours in that period, 10 "The Cherokees stand on their trea- Dams and sold by the SPA belongs to per cent higher than fiscal 1974 and 70 ties with the federal government and a the Cherokees because the dams are on per cent higher than the average an- patent in fee simple issued by the gov- streams in which the tribe has rights to nual generation estimated by the Corps ernment to the Cherokees for their land the surplus unappropriated water used of Engineers as the system was devel- in northeast Oklahoma and the Outlet, to make the power. oped. and on the intent and acts of Congress The attorney said he is confident liti- There are 24 hydroelectric dams in regarding the existence of the tribal gation can be avoided by a review of the SPA system: eight in Oklahoma, government and the federal govern- historical facts and law in the matter including the four named by Pierce; ment's trusteeship of residual Cherokee and through cooperation of government nine in Arkansas; two in Missouri; two property," Pierce said. officials with the Cherokees, and the in Texas and none in Louisiana. They "THE TRUSTEE HAS faithfully kept Choctaws and Chickasaws who have represent a federal investment of the books on all revenue derived from similar rights insofar as the Kerr Dam $607,846,000 which coupled with an in- those dams," Pierce said, noting the is concerned. vestment of $57,723,000 in transmission SPA in Tulsa has the records and is a Pierce said the question of surplus facilities totals $666,569,000. branch of the Department of Interior, unappropriated water rights in streams Revenue from the SPA provided a which also oversees Indian affairs. in the old Cherokee Nation of north- repayment of the federal investment in "The control by the office of electric eastern Oklahoma has been renewed the system of $20.4 million in fiscal energy begins at the damsite and al- because of the immense value placed 1975. though it is co-mingled with energy upon it in recent years, partly as a All the above figures are from SPA's from other sources in a power grid, result of claims and court decisions in- annual report. that agency can properly identify and volving the Cherokees. credit on its books the Cherokee reve- HE SAID HIS LONG study of Chero- A CHEROKEE concern expressed nue," Pierce said. kee water rights has convinced him the over the proposed sale of unappro- "The Cherokee moral and legal right federal government and its agencies, priated surplus water in Oologah Res- to be protected by the trustee in these as trustee for the Cherokees and their ervoir by the City of Tulsa to Public specific vested rights and properties is property, owe the Indians the revenue Service Co. of Oklahoma apparently in no sense a case of over-reaching the derived from the sale of all power has stalled signing of that contract. guardian. generated at the four dams since they Tulsa has a contract with the Corps "The valuable damsites on the Ar- were built. of Engineers to store water in Oologah kansas River below Muskogee owned Pierce's contention might appear and an allocation of water from the by the Cherokees and their sister tribes laughable except for the sobering fact state Water Resources Board, but nei- were chosen by the trustee as the best he has been laughed at before in simi- ther the state nor the city has proven suited to meet its needs for naviga- lar cases, only to prove Cherokee title to the unappropriated surplus tion purposes. claims in court or before the Indian water in the Verdigris River claimed "The trustee's need for additional Claims Commission, claims which have by the Cherokees. reservoir space for flood control - as resulted in millions of dollars in The state attorney general's office well as more navigation - at Tenkiller awards for the Cherokees. has begun legal research into that and Fort Gibson when fairly and justly question and the Bureau of Indian Af- considered will more than justify the fairs area office at Muskogee has said initial expenditures by Congress for their construction. with corporate executives at lun- leasing a plant could pass on sav- cheons, and toured the area ings to the lesee. chairman and president of Blue Lockheed Corp. and Northrop Some Indian groups are will- Chip Stamps, who discussed Corp. facilities. A principal speak- ing to invest and have invested in bringing minority businesses into er for the conference was Al firms to assist them with their op- Zapanta, assistant Secretary of the erating capital. Industrial develop- Interior. ment foundations also are geared the mainstream of the American Similar conferences have been to help such endeavors. economy. held in Chicago and St. Louis. The Bureau of Indian Affiars' Roessler, himself an American on-the-job traning program de- Indian, said that, while there are creases starting expenses since it disadvantages to locating busi- pays one-half of the beginning ness on or near reservations - wages of the Indian employe. mostly due to the isolation of the The Bureau can advise busi- as required by the National Environ- areas - there are advantages not nesses because of its position as a mental Policy Act of 1969, the suit said. found elscwhere. These include: .coordinator with state and federal Indians are not required to pay agencies. Kleppe's order provided 938,700 acre- feet for apportionment to non-Indian taxes on their land or buildings. Other speakers at the confer- users in Maricopa, Pinal and Pima Thus a tribal group owning and included Donald A. Kooppel, counties. An additional 4,300 acre-feet would be available to the non-Indians if THE ARIZONA REPUBLIC Orme Dam, proposed for construction at PHOENIX, ARIZ. the confluence of the Salt and Verde rivers east of Phoenix, is not built. D 391,213 An acre-foot is 325,000 gallons of water and covers one acre to a depth of 12 NOV 4 1976 inches. The other four Indian reservations and May delay allotments their. allocations of water are: -Ak-chin, just souta of Maricopa in Pinal County, 59,300 acre-feet. Indians sue to void Gila River, south of Phoenix in Marloops and Pinal counties, 176,000 acre-feet. Papago, south and west of Tucson, 8,200 acre-feet. CAP's water order -Ft. McDowell, east and north of the Salt River Reservation, 4,300 acre-feet. The Ft. McDowell reservation, home By BRENT WHITING of the Mohave-Anache will receive the The Salt River Pima-Maricopa Indian water if Orme Dam is built because the Tribe filed suit Wednesday in federal The order will harm the Salt River lake created by the dam would flood court seeking to void an Oct. 12 order Tribe because the allotment is insuffi- their agricultural lands watered by the designating the amount of water the cient for the Indians to survive as an Verde River. tribe will receive from the Central agricultural community, the suit said. Arizona Project. Steiner said last month that the State The water allocation to the tribe is Water Department was ready to name The lawsuit could delay the release by based upon 4.59 acre-feet per acre per those recommended to receive CAP the State Water Department of recom- year when the reasonable requirement allotments. mendations of organizations to receive for the irrigation of reservation lands is CAP water allotments according to 6.25 acre-feet per acre per year, the suit He added, however, that any legal statements about the threatened suits said. challenges to Kleppe's order could made last month by state Water Engi- "The allocation substantially favors delay the release of the neer Wesley E. Steiner. non-Indian lands held in private owner- recommendations. The suit was filed against Secretary of ship in excess of 160 acres and not The State Water Commission will de- the Interior Thomas Kleppe, who issued occupied by the owners in continued cide who gets CAP agriculture and the order allocating CAP water to five municipal water allotments. The Central central Arizona Indian tribes, including disregard of longstanding congressional Arizona Water Conservation Board will the Salt River Tribe, and the Central directives that federal reclamation manage the contracts. Arizona Water Conservation District. projects not be operated to subsidize large, commercial farm interests," the Steiner said that if there were no legal Kleppe's order provides for 13,300 suit said. challenges, the allotment list would be acre-feet per year to the Salt River released by the State Water Commission Tribe - out of an Indian allocation of Kleppe's order is invalid because It and reveiwed at a public hearing.. 257,000 acre-feet from the commence- constitutes a major federal action sig- He said the state has received applica- ment of the CAP in about 1985 to 2005, nificantly affecting the quality of the tions for 2.3 million acre-feet of water the suit said. human environment without the prepa- twice the amount that will be available ration of an environmental-impact study in the best water years. Much of the water has been requested by land devel- opers in Maricopa, Pima and Pinal counties. "THE CHEROKEES are of one mind in their faith that the trustee in the end The Oregonian will make matters right for them. They PORTLAND, OREGON foresee the next president, whoever he m a y be, joining hands with the D. 224,303 SUN 392,715 Congress in urging all responsible agen- cies of the federal government to work conscientiously with tribal leaders in a OCT 28 1976 fair adjustment of the entire matter.' Pierce said. "It is a universal principle of law that the guardian should not profit at the expense of a ward by use of the Indian matriarch copes ward's property and that's exactly what the government has done," Pierce said. He said an act of Congress in 1906, placed the residual of Cherokee prop- with impact of modern era erty after allotment in trust in the hands of the government. Noting that the SPA is an agency of the government, Pierce said "I don't think the government as trustee can put on another hat and walk away from on her quiet village its responsibility to the tribe in this matter." The lawyer said there is no law that ANCHORAGE, Alask:a Maggie rates Indian affairs below regulation of Johns, 81, is the matriarc'h of Yakutat, a attends a Protestant church. She commerce and that both are "co-exten- woman who has outlived 11 of her 13 learned English reading the scriptures. sive" within the U.S Constitution. children and still teaches beadwork to She has lived in the same village all the young girls of the village. She has her life and remembers well three of successfully weathered the impact of Alaska's most devastating earthquakes the modern era on her quiet village. which occured in 1898 and 1899. But Yakutat, a town of 475 white and her most memorable adventure came native people is now the headquarters for extensive offshore oil exploration in when she was 13 years old and accom- the Gulf of Alaska. panied her uncle, by canoe, to a gold Maggie, a Tlingit Indian, grew up mine, the only woman among 600 men. there in a community house with 50 In those days Indians would travel families sharing the labor. Now she sees as far down the coast as Vancouver by jet planes land near her home and oil canoe, a distance of some 1,000 miles, drilling in the bay that once provided she said. 'I never got seasick in a much of the food for the village. canoe." "This used to be the richest village The matriarch was first married at for food," she said. "We ate halibut, 14 to a Tlingit hunter, who died from herring, red snapper and hooligan in the German measles. They had six children. spring, and salmon in the summer. Later, seven more children were born "We put up our winter supplies of her union with a Mexican miner. from around our house - blueberries, Although most of her children have strawberries and sometimes salmon- died, 113 grandchildren survive. "I love berries. It's hard to get the food now." children and if you do things with love The Tlingit Indians lived a fairly you make success," she said. isolated life during Maggie's childhood As a village midwife, she delivered with only an occasional fur trader or 43 children and took care of 63 more miner coming to town. The Indians who lost their parents. The natives lived in split-log houses "planed up into taught each other love and charity and planks as shiny as little buttons." To- trust long before the white man came, day, Yakutat has modern housing devel- she said. opments with modular units built of Maggie Johns has seen native values metal siding. change. "The native kids go to school Although not bitter about the inevi- and they forget everything," she said. tability of progress, Maggie clings to "It's the school teacher's fault that we the memory of early native ways. don't talk Tlinglit. Our kids were for- "We had a law for everything. We: bidden to talk Tlingit in school." knew the Ten Commandments before When statehood came, Mrs. Johns the white man came. There was no di- was asked to sign citizenship papers. vorce among us. We weren't greedy or "We were born here and God created selfish and the native people had mo this country for us. How could we have enemies. When we hunted for food we citizenship papers when it's our own didn't take more than we could use and country? Now it's oil. The whole bay is we all shared. The natives lived like one nothing but white people drilling." body." By continuing her beadwork, she is Maggie's religious faith is rooted in holding onto her heritage and trying to both the older native religion and the teach it to others. She also makes muk- beliefs of missionaries and she regularly luks, parkas and weaves baskets. "I know how to make everyt hing." Cont'd The secret of Maggie's rich and long life appears to be her faith. "It's be- see the U.S. Congress settle her people's Anyone who is at least one-quarter claim to their land. In 1971, Congress Alaska Indian, Eskimo or Aleut, and a cause you're willing to die that you live long," she said. "If you're scared to die, passed the Alaska Native Claims Settle- U.S. citizen who was living on Dec. 18, ment Act granting Alaska natives 40 1971, - the date the act was signed you go a long time ago." Mrs. Johns has lived long enough to million acres of land and $962.5 million. into law - is also eligible to share in Corporations have been formed to the settlement. manage the land and Maggie, her chil- Applications may be obtained from: dren and her grandchildren are eligible Pouch 7-1971, Anchorage, Alaska, stockholders in these corporations no 99510. Applications must be submitted matter where they live. by Jan. 2, 1977. NATIVE - "We were born here, and God created this years ago, and has lived to see her home become a country for us," believes Maggie Johns of Yukutat, Alas- thriving modern community and to see her 113 grand- ka. Magigie (pictured above working traditional Tlingit children grow up in a modern world far different from bead patterns) was born in the remote Indian village 81 her own childhood world. INDIAN NEWS CLIPS OFFICE OF INFORMATION 202-343-7445 VOL. 6 No. 48 November 27, 1976 The Stoux City Journal, Tuesday, November 2, 1976 'Blackbird Bend' Trial Opens FORD BIA Official Says Tribe GERALD LIBRA Paid Landowner $16,000 He said the tribe had access to the By Cathie Carter something about the question of ownership Blackbird Bend area in 1975 and planted a and occupy Blackbird Bend. Journal Staff Writer crop of corn, That access was across a road That occupation lasted for about 30 days, The Bureau of Indian Affairs paid $16,000 owned by Sorenson: In the fall, before Cline said, and ended with his arrest. After to the Omaha T ibe this year to allow the harvest, Sorenson closed the road. that occupation he said he had to appear tribe to plant and harvest about 3,000 acres, At that time, Cork said, the tribe paid before a Monona County grand jury, but the according to court testimony. Sorenson $8,000 to open the road, This year, jury never indicted him. The money went not for farm equipment he testified, the tribe paid $16,000 for access Cork later testified that it was the 1973 oc- or seed but to an adjacent landowner for the to the land. cupation of the land that brought immediate privilege of access to the land, it was brought In both instances, Cork said he saw to it attention to the case. It was then, he said, out in opening day testimony Monday of an that the tribe was reimbursed. that funds became available for technical in- Indian land dispute trial in U.S. District Cork's testimony followed that given by vestigation of the land. Court here. Edward Cline, 50, chairman of the Omaha Cline said the tribe occupied the land a se- Charles Cork, a Bureau of Indian Affairs cond time in 1975. Tribal Council at Macy, Neb. Cline was the official, said the tribe negotiated with Harold first witness. Jack Peters, one of five defense attorneys, Sorenson to use a road across his property to asked Cline why he and others decided to oc- get to the disputed land, called Blackbird He said he first became aware of the cupy the land. After asking the question Bend. Blackbird Bend situation while working as a several times, Peters indicated to U.S. The property is on the east side of the financial advisor for the tribe in 1962, District Court Judge Andrew Bogue he was Missouri River near Onawa, Iowa. Sorenson At that time, Cline said, he negotiated not happy with the response. is one of several defendants being sued by the leases for the tribe with Indians and non- Bogue, of Rapid City, S.D., who is trying tribe and the U.S. government to determine Indians. In the course of one of those the case without a jury, said he did not think ownership of Blackbird Bend. negotiations, he said, he had access to plat the question was answered but he also In all, about 11,000 acres in that area are thought the question was irrelevant to the under dispute, but this trial is concerned only books belonging to the neighboring case. with the 3,000. acres in the immediate Winnebago Tribe. "This lawsuit has to do with movement of Cline said it was at that time that he and Blackbird Bend area. other members of the tribe decided that land a river," he said. "Let's go forwards and The Omaha tribe contends the government hear about what the river did." across the Missouri River from the reserva- deeded the land to Indians under a treaty with tion was in reservation boundaries. A couple of different times Bogue stopped the tribe in 1854. Landowners say they have Between 1962 and 1966, he said, the tribe questioning by both the tribe's attorneys and title to the property. began communicating with the BIA about the landowners' attorneys and asked that Cork said he is a hydrology engineer and they keep to the relevant matters of the case. ownership of the land. During that period the has worked with the Iroquois along the Tribal counsel is Don O'Brien with BIA approved funds for the tribe to hire an at- Colorado River to solve boundary disputes. William Veeder acting as trial counsel. torney to have the title researched. He said he has been studying the Omaha. James Clear is representing the It was not until the spring of 1973 that claim for the past three years. government's interest in the case.on behalf of some members of the tribe decided to do the Omaha Tribe. covid UNITED STATES DEPARTMENT OF THE INTERIOR-BUREAU OF INDIAN AFFAIRS 1951 Constitution Avenue N.W. Washington, D.C. 20245 Navajo Police Face $3 Million Lawsuit Fifteen Navajo and two other youths of DNA and Marcia Wilson of NIYC, returned later and identified them- unlawfully making arrests and that filed a $3 million lawsuit against the said that on May 20 about 85 youths selves. The suit alleges the officers officers tossed tear gas into the resi- Navajo tribal police department in held a graduation party at the ranch drove out again and parked outside the dence. As the youths came through the Navajo tribal court Tuesday for al- home of Jack Jackson east of Navajo, fence gate, "which caused plaintiffs to front door, officers clubbed, slugged leged unlawful arrests during a high NM. suspect a threat of some kind of ac- and grabbed them without provoca- school graduation party May 20. tion..." tion, the suit said. The students were On behalf of the youths, the lawsuit The party in a house enclosed by a The suit said the students began to also beaten, maced and thrown to the fence was conducted "in a manner that was filed by DNA-Peoples Legal the event did not disturb or disrupt scramble, ending the graduation party ground, they allege. Services of Window Rock, Ariz., and the National Indian Youth Council of any of the neighboring residents' right abruptly. More officers began to ap- 201 Hermosa NE in Albuquequere. to peace and quiet..." pear. Officers Bilagody and Cooke About four hours later, the students entered the fence area with other offi- were booked and processed at the At approximately 1:30 a.m. May 21, cers without a warrant, the suit said. Navajo tribal jail but were not allowed The youths, 15 Navajos and two An- to contact their parents, the suit said. glos, allege they were "unlawfully, Navajo officers Roy Bilagody and The Navajo officers with their weap- Later most of the charges were dis- willfully and maliciously" arrested by Raymond Cooke, wearing civilian ons drawn inmediately began arrest- misssed by a tribal prosecutor. 30 Navajo officers. They are seeking clothes and arriving in an unmarked ing the students, the suit alleges. When $180,000 each for physical and mental car, entered the ranch home and min- asked ior a warrant, one officer One girl was tried in a tribal court suffering during and after their ar- gled with the students for several replied that no warrant was necessary, but charges against her were dis- rests. minutes, the suit alleges. the suit said. missed because the prosecution could not establish she violated any law, the The suit, filed by Daniel Deschinny The officers then left the house but The youths claim that officers were suit said. Girl's Slaying Albuquerque Journal Brings Count NOV 4 1976 A Ft. Defiance, Ariz., man has been charged with second degree murder in Attorneys for the defense include Edson the death of a 14-year-old Indian girl. Smith, representing Roy Tibbals Wilso, Harold Jackson and Charles Lakin, all lan- Phillip Belliman is named in a feder- downers; Jack Peters, representing RGP, al indictment released in Albuquerque Inc., an insurance company, and Otis Peter- charging him with the shoeting death son, a landowner; Maurice Neiland, of Brenda Notah, 14, on the Indian representing Harold, Luea and Darrell Soren- reservation in Ft. Defiance. son; Bennet Cullison, an assistant attorney Miss Notah was shot Oct. 6 and died general, representing Iowa; and Lowell Kin- Oct. 8. dig, representing Travelers Insurance Co. Attorneys for both sides estimated the According to an agent's report filed trial will last anywhere from 10 days to two with the indictment, witnesses report- weeks. Testimony begins at 9 a.m. today with ed Delliman WAS shooting at bottles Cork on the stand. and cans Oct. 6when he allegedly shot?" turn. i and said, "Who wants to get The report says he then allegedly shot girl perol blank range. MINORITIES: In this series Gallery thus far has explored Italian, Black, and Jewish Americans. THE UNEQUAL Future issues will cover the Hispanic Americans, the Slavic Americans, the AMERICANS Irish Americans, and other major ethnic groups that have shaped our country. PART FOUR: THE AMERICAN INDIANS BY NINE DELORIA JR. From fishing to mining rights, territorial title to basic equality, no other minority group has been as systematically despoiled of this land, their land, as the American Indian. Hollywood is not the only American institution with a penchant for changing the historical Indlanscript-Washington and the U.S. courts are good at It too. Patience is a-lime-honored tribal tradition, but there's a new feeling deep within Indian country: they're no longer willing to pass that peace pipe and bury that hatchet when it comes to equal rights. 103 Federal marshals stalked the court- Sicilians, or some other nationality now leases Indian mineral rights for room, hands gripping the air slightly than Indians." pennies on the dollar, to the same gov- above their holsters, ready to draw Even the judge could not contain ernment which secretly encourages the down on anyone who looked suspici- himself, and in the aisles the Federal State of Washington to harass the In- ous. The Indians sat quietly, row upon marshals, trying desperately to control dian fishermen while publicly main- row of stolid faces, eyes fixed intently their laughter as they patrolled the taining that it is enforcing their treaty, on the judge who stared back with un- courtroom, winked slyly at the Indians. and to the same government which has focused vision as he listened to the Flustered, the Federal prosecutor conducted systematic exploitation of prosecutor's argument. The trial cen- made one last effort at clarifying the Indian lands and peoples for over a tered on the two Indian women, Carrie situation. "Not only that, your honor," century. and Mary Dann, who had deliberately he gamely continued, "the United No other minority group in Ameri- grazed their cattle on lands managed States Government now formally can society is treated as unjustly in the by the Bureau of Land Management. charges the Western Shoshones with courts as is the American Indian com- They wanted charges to be pressed abandoning their lands. We've looked munity. Courts assume that because against them, for only by proving in all over Nevada and we haven't been Indians stand in a unique legal position court that the Western Shoshones able to find any Indians at all." to the Federal government as defined owned the lands which the two women "Counsel," the judge said wryly, "I in the nearly/four hundred treaties be- had used could the title to twenty mil- think you'd better sit down." tween the various Indian tribes and the lion acres be declared the Shoshones' An unusual case? Not really. The United States, that the burden of proof property and not the Government's. United States Government has never should always fall on the Indians and "After all," the Federal prosecutor given Indians serious consideration in not on the Government. Morality has droned, "we have no real evidence that court whether the case involves land long since been compromised in the these women are even Indians." title, social services, fishing rights, or doctrine that Congress in its wisdom The stunned silence of the courtroom the continuing harassment of the Og- always acts in the best interests of the was broken by a wave of laughter lala Sioux, which began during the oc- Indians. Thus any inconsistencies followed by the judge's irritated cupation of Wounded Knee, South which might appear in the treatment of response Dakota and is being conducted with Indians must logically be the fault of "Counsel, do you have any reason to little fanfare in the Federal courts in the Indians. believe these women are not Indians?" South Dakota, Nebraska, Minnesota, But much more is involved in Indian "Well, your honor, all we have is and Iowa. The courts, after all, belong legal problems than simply the good their affidavit stating that they are tribal to the same government that signed the intent of Congress. Quite often, courts members, but they could be Italians or treaties, to the same government which change the historical facts to coincide with the decisions which they are re- quired to make. Never does the ques- A graduate of Colorado College, tion arise concerning how historical Delores studied at the Chicago Art fact can be altered to conform with legal Institute and Oberlin College, achiev- decisions which the Government feels ing proficiency in weaving, sculpture, are its due. The most blatant example of painting flat-pattern design, and this tendency is the current struggle jewelry making. She follows a highly over the Black Hills of South Dakota traditional tendency among Indians: and Wyoming. In 1875 the United using arts as an expression of practical States sent a commission to the Sioux things and refusing to allow her best Indians to see if they would sell their creations to be sold commercially. sacred Black Hills, which the Govern- The interest in art led her to organi- ment knew contained billions of dollars zational work in a variety of groups. in gold and other precious minerals. She became an active member in fund The Sioux were aware of the value of raising and exhibits for the Denver their sacred lands, and Red Cloud, the Art Museum and for the educational chief negotiator for the seven bands of television station KRMA-TV in Den- the Western Sioux Nation, asked for ver. Her enthusiasm led to increasing seventy million dollars to lease the area responsibilities until she was elected with the provision that the lands would president of the National Friends of be returned to the Sioux if and when Delores Tidrick Public Broadcasting in 1975. She is they had been mined out. The Gov- currently reorganizing the organiza- (Pueblo) ernment felt such a price was too high, tion, moving it westward where it can and the Grant administration took Actress, artist, and now president of represent a broader constituency of steps to provoke an Indian war in the National Friends of Public Broad- interests, and revamping the fields of which the Government could take the casting, Delores Tidrick represents a interest which the group will pursue lands instead of paying for them. The new generation of Indian women in the future. following year, 1876, Custer and other who seek profe ssional competence in The mother of three children, generals rode out on the plains eager to the larger society while maintaining a Delores is hardly a stay-at-home. For meet and defeat the Sioux, and in a strong sense of personal identity with nearly a decade she has spent the series of battles lasting most of the the Indian past. Although a Pueblo summer climbing mountains, rafting summer, the U. S. Army was nearly from New Mexico, Delores played the western rivers such as the Colorado, decimated. Custer lost his entire com- leading role in Unto These Hills. This the Yampa, and the Green, and in mand drama about the Cherokee Removal 1971 she hollered an obscenity across The lands were taken in 1877 was put on by the Eastern Cherokees the Grand Canyon which, supersti- through a combination of trickery and in North Carolina as part of their tious friends believe caused a flash fraud, and in 1920 the Sioux tribes were suinmer activities and ran for three flood that washed out Highway 66 allowed, through the provisions of a years beginning in 1954. from Peach Springs, Arizona south. special statute, to sue the United States for the value of the land Part of the Chief Sitting Bull Charles Curtis, Jim Thorpe, Richard West, Johnny Bench James Welch, chief of the Sioux U. S. vice president football player sculptor baseball player novelist which is not yet finished some fifty-six The actual situation should be fairly ed* States received allowed settlers to years later, involved a determination easy to determine, considering how ex- establish ranches to support mining ac- by the Indian Claims Commission and tensively the Custer era has been re- tivity. Agricultural products and cattle the Court of Claims of the exact date searched. But the Government seems were essential to mining camps. when the lands were taken away from to have the power to maintain simul- The treaty promised that at some fu- the Sioux. In a decision in 1942, the taneously that the troops in fact did stay ture date the United States would es- Court of Claims maintained that the in the Black Hills until February 1877 for tablish a reservation for the Western Government had faithfully kept the some purposes, and that the troops Shoshones. The future date, one might provisions of the treaty of 1868 regard- were removed from the Black Hills in suspect, never arrived. Settlers came ing the cession of lands by the Sioux, November 1875 for other purposes. The and went, and as the mining camps and the court found that the Govern- purpose in each instance is that the dwindled, eastern Nevada fluctuated ment had maintained an armed force in Government does not want to pay for between the unoccupied desert which the Black Hills until February 28, 1877. the Black Hills and it does not want the the Shoshones had once roamed and This force was supposed to have pre- Sioux to have their day in court. And the sporadic waves of settlement as civili- vented miners and other settlers from best way to prevent any decision favor- zation followed the trail of the miner. entering the Sioux sacred lands until able to the Sioux from being rendered on Nearly twenty million acres were not the cession of those lands was made the Black Hills case is to simply change permanently settled by either the min- official by the Congress. the historical facts to suit the situation. ers or their supporting ranchers, and in When a court makes a finding of That is how the Federal courts treat In- the Thirties this land was placed under "fact," it is supposed to mean that the dian cases. the Bureau of Land Management in ac- fact which is "found" is the true ver- The Western Shoshone case is cordance with the Taylor Grazing Act. sion of the historic events surrounding another example of frivolous litigation The Shoshones still considered the the controversy. So one would sup- being conducted by the Government. land theirs because the only rights pose that the decision of the Court of In 1863 the United States was engaged granted to the United States in the trea- Claims, which described how carefully in the Civil War, and the nation badly ty involved mining camps and sup- the United States worked to keep the needed the gold and silver produced by porting ranches, not the cession of all provisions of the treaty, was an accu- the Comstock Lode in Nevada. But the the Shoshone lands. In 1950, as the five- rate rendering of the events of 1877. But southern route from Virginia City, the year period began to expire in which in 1973, after Wounded Knee had been "capital" of the lode, to Missouri was Indians could file claims against the occupied for nearly a month, the Indian threatened by the Confederates. A Government at the Indian Claims Claims Commission, which now had northern route was badly needed, so Commission, a claim for these lands the Black Hills case, reviewed the facts the Government called together the was filed on behalf of the Western of the case and decided that the Grant various bands of Shoshones for some Shoshones. Except that the Western administration had indeed pulled the treaty-making. The Western Shosho- Shoshones were not informed that a soldiers out of the area in November nes agreed to allow the passage of mail claim was filed for them. The case was 1875, thereby provoking the war with and freight through their land, and in in court for nearly two decades and the Sioux in which Custer lost his life. one of the articles of the treaty they neither the Government nor the attor- Now the problem is that either the allowed the United States to send min- neys handling the case spent much time Grant administration did remove the ers into their country to prospect for on it. The crucial question, whether the troops or it didn't remove the troops. gold. Additional rights which the Unit- land had in fact ever been legally ceded by Photo Museum of the American Indian Geronimo, Ben Reifel, Robert Bennett, Annie D. Wauneka, Dennis Banks, Chief Joseph, leader of Anache conpressman. former commissioner woman of the leader of Wounded Nez Perce warrior the Western Shoshones, was carefully the Federal government. And com- were intending to create once their re- sidestepped and the Government and pounding the irony is the 'act that ports were filed. the attorneys stipulated that at a cer- while Indians rank the lowest of any The commission's two major staff tain date the United States had offi- minority group in the indices of social positions, executive director and gen- cially taken the lands of the Western welfare, on a per capita basis Indians eral counsel, were filled by two former Shoshones. So much for evidence and are the wealthiest single group in the Bureau of Indian Affairs employees adversary proceedings. nation. Reasonable estimates of Indian who carefully avoided using the com- The Indian Claims Commission wealth-lands, timber, minerals of all mission's subpoena powers to investi- awarded some twenty million dollars kinds including gas, oil, coal, lead, gate instances of fraud or misrepresen- to the Western Shoshones, and one uranium, and gypsum and miscellane- tation by Federal employees. The goal day the Bureau of Indian Affairs sent a ous sources of income-would reach of the major staff members seemed to person out to ask them how they nearly sixty billion dollars. Yet all but a be the creation of sufficient evidence to wanted to spend the money. He got a tiny portion of this immense wealth justify the creation of a new super not too pleasant reception, and the goes to non-Indians who seem to have agency with a budget double or triple traditional Shoshones rejected the set- absolutely incredible luck in securing the present Federal expenditure allo- tlement out of hand. In an emotion- beneficial arrangements from Federal cated for Indians. Speculation on laden meeting, the Bureau of Indian officials charged with finding ways of who will healt this new agency seems Affairs official informed the Shoshones developing Indian resources. to be concentrating on the staff people, that the Constitution had a provision The first inclination of everyone dis- although others have also been men- which enabled the United States to take covering the desperate conditon of In- tioned in connection with the new their lands. But when confronted, he dians is to inquire how such a situation agency. refused to point out exactly which arti- could come into existence. Discovering The report of the Abourezk Commis- cle of the Constitution gave the Gov- the causes of Indian poverty and dis- sion is not due for another year, but the ernment this power. The traditionals content was the specific congressional task forces have now all returned their are today fighting the Government and charge given to the American Indian reports and the materials strangely the Shoshones who favor the settle- Policy Review Commission, estab- read like the traditional nonsense ment and are simply trying to get a fair lished in 1975 to review the conditions which the Bureau of Indian Affairs has hearing on the issue of how and when of Indians in the United States. Headed spoon-fed Congress for several dec- their lands were taken. The attorneys, by Senator James Abourezk of South ades. In short, the great push for re- be it noted, receive approximately two Dakota and co-chairéd by Con- form which Indians believed to be in million dollars for their work. gressman Lloyd Meeds of Washington, progress with the establishment of this The land claims are one continuous the commission was initially viewed by special commission has proven to be horror story of fraud, misrepresenta- most Indians as a welcome relief from the ultimate cover-up-and it has been tion, and trickery, and they have been the continuous efforts of the Bureau of performed for the most part by Indians for a century. The only modern twist is Indian Affairs to cover up its misdeeds. themselves, particularly by those In- the long-term lease, which is used in But the commission has been one of the dians who were already beholden to place of the outright land cession. In- greatest disasters in Indian history. either the Bureau of Indian Affairs or to dian lands are subjected today to all The commission began its life by es- particular senators and congressmen kinds of leases under the guise of "de- tablishing eleven task forces which with aggressive white constituents. velopment," but in most cases the de- were charged with the job of determin- One would suspect that deep within velopment creates immense wealth for ing the problems in such fields as treaty Indian country a consensus has the whites and reduces the tribes to rights, education, health, economic emerged in the last decade. Indians poverty status. Because of the increas- development, alcoholism, tribal gov- have become more vocal about their ing pressure to strip-mine the western ernment and so forth. Appointment to rights and a consensus does in part coal fields and because Indian tribes the task forces became a political grab exist. The American Indian Movement, own nearly two-thirds of the soft coal bag whereby senators, congressmen, a militant group that occupied reserves in the western states, it will be and influential Indian politicians Wounded Knee in 1973 and in the last only a matter of time before Indian handed out positions to fulfill old polit- half decade provided many minor dis- reservations and Appalachia are both ical debts or to create new political obli- turbances to draw public attention to desolate areas, stripped of everything gations. So instead of sending experts the conditions of Indians, seems to except the sulphurous residue of out into the field to survey the condi- have gathered many traditional people stripmining. tions of Indians, some thirty-nine as- together in a national alliance. A.I.M.'s The land tragedy stands out clearly sorted political camp followers tactics have bordered on violence at as a condition unique to the Indians tramped around the nation holding times, and this tendency has driven because no other minority group has its hearings and making vaguely worded many Indians into the waiting hands of property systematically despoiled by promises of the radical changes they the Bureau of Indian Affairs. But on the Photo Museum of the American Indian Crazy Head, LaDonna Harris, R. C. Gorman, Orville Moody, Louis Bruce, Fritz Scholder, Cheyenne Indian women's right artist professional golfer former commissioner artist nis Banks, is presently in California fighting against extradition to South fishing rights, Adams was nearly Dakota. William Janklow, Attorney killed by unknown assassins in 1971 General of South Dakota, has been in a dawn attack, and when admitted pressuring California Governor Jerry to the hospital, was accused by state Brown. to surrender Banks to South police of shooting himself to attract Dakota officials so that Banks can be attention. When he demanded an returned to that state for sentencing in impartial witness to a lie-detector a conviction of rioting in Custer, South test, the police quietly dropped their Dakota in 1973. All indications seem to accusations. be that the move to return Banks to The leading negotiator during the South Dakota is merely a ploy to get occupation of the Bureau of Indian him back into the hands of state offi- Affairs in 1972, Adams in his quiet, cials who intend to dispatch him soft-spoken, low-profile manner at- forthwith. tempted to get the Government rec- The harassment of traditional In- ords returned and was arrested, dians would be greatly reduced if In- along with Les Whitten, by the F.B.I, dian political groups such as the Na- Charges against him for possessing tional Congress of American Indians stolen documents were dropped by and the National Tribal Chairmen's As- the Government when presented to sociation would call upon the President the grand jury, and Adams worked to cease the harassment of their people. out a suitable compromise to end the But these groups are engaged in a game seventy-one-day protest at Wounded of their own, competing with each Knee, narrowly avoiding death sev- other to determine which group will eral times, and earning the respect of make Federal policy governing In- both sides in the controversy. dians. Their concern is influence, not Generally regarded as the "saint" people. Of the two groups the N.C.A.I. of Indian country, Adams spends is the more desperate because it de- Hank Adams long hours tracing down treaty pends almost exclusively on Federal rights, violations of laws by Federal funding for its operations, and thus it is (Assiniboine) officials, and suggesting reasonable continually caught between its Indian The brightest and best of the current solutions to some of the pressing constituency and demands placed crop of Indian activists, Hank has problems in Indian country. Hank is upon it by Federal officials to support "paid his dues" to social reform in a perhaps the only Indian that has the Federal policy. life filled with danger and intrigue. confidence of every interest group Unwittingly, the N.C.A.I. began a The target of vigilantes in the Pacific that works in the field of Indian Af- treacherous ploy in 1975 when it pas- Northwest during the struggle for fairs. sed a resolution against the Lumbee Indians of North Carolina who were larder of Federal funds the exclusive dian Controlled School Boards, a Den- attempting to secure Federal recogni- property of a few powerful tribes. The ver-based group which assists local tion as Indians. Arguing that the Lum- excuse of the N.C.A.I., that the Indians school committees in establishing bees had not preserved their language, not getting Federal aid have few cul- Indian-operated schools, has now built customs, or traditions, that they had no tural attributes that other Indians have, up a constituency of some 160 school treaty, and that they had mixed blood, is a false claim in that few of the boards operating at both the primary the N.C.A.I. opposed legislation which N.C.A.I.'s officers could qualify as In- and secondary level. The Coalition now would have clarified the legal status of dians under the criteria the organiza- plans to make Indian control of schools the Lumbees with respect to Federal tion has established. a major budget item which will finally services. This example did not go un- Dark as the Indian situation may free local Indian schools from the heavy noticed among the tribes, and when seem, it appears to be better in many hand of the Bureau of Indian Affairs. the small unrecognized tribes of west- respects than what has gone before. In In the ongoing pursuit of justice the ern Washington attempted to secure the field of education great progress is Native American Rights Fund, an or- the same Federal recognition, the being made. About five years ago In- ganization created by the Ford Founda- Tulalip Tribe of that state began to op- dians began to demand control of their tion nearly half a decade ago, has fi- pose their efforts. Indian country is own schools, and out of this movement nally developed into a major influence thus presented with the spectacle of came several education organizations in the field of Indian law. With nearly a Indians fighting Indians to keep the of much promise. The Coalition of In- dozen young Indian attorneys, Photo Museum of the American Indian Buffy St. Marie, Will Rogers, Jr., Jamake Highwater, Russell Means, Cher, Sequoya, actor/nolitician whole, A.I.M. has made good progress Federal officials flying helicopters and all over the nation in bringing Indians dressed in combat gear. Initial news to an awareness of their common reports claimed that the two agents plight. Traditional people in many were ambushed from a cleverly dis- tribes have begun speaking out when guised Indian fortress in which bun- they feel that the tribal council or the kers and trenches figured prominently. Bureau of Indian Affairs has been According to the Government, the two double-dealing them, and at least a agents were innocently attempting to part of this resistance is due to the ac- serve some warrants when they were tivities of A.I.M. treacherously assaulted and executed But A.I.M.'s very ability to draw In- by a swarm of seventeen armed In- dians together has made it a target of dians. Federal security agencies who have Closer examination of the situation in- begun using Indians as pilot projects dicated that the "bunker" was merely for training Federal officers to quell an abandoned root cellar, and that the domestic disturbances. The Nisqualli seventeen Indians were composed Indians of western Washington have mostly of women and children who been designated the "enemy" in sum- were living in a tent camp. But four mer training of the National Guard by Indians were indicted for the slayings that state. And Operation Cablesplicer, and two, Dino Butler and Robert a national plan to round up any poten- Robideau, were tried for the killings in tial subversive in times of either crisis or Cedar Rapids, Iowa last summer. The bureaucratic paranoia, seems to be par- best evidence the Government could tially designed to counter Indian resis- muster from informers was that the In- N. Scott Momaday tance to Government policies. But the dians were all sitting around their (Kiowa) worst and most systematic oppression of campfire cooking lunch when someone A hypnotic poet, Pulitzer Prize- Indians by Federal agencies is the con- started shooting at them, and the In- winning novelist (House Made of tinuing harassment of the Oglala Sioux dians returned the fire, hoping that in Dawn, 1969), and literature professor by the F.B.I. on the Pine Ridge Indian the confusion the women and children at Stanford University, Momaday is Reservation in South Dakota. who were in the camp could reach transforming traditional oral legends Since Wounded Knee in 1973, nearly safety. Butler and Robideau were for- of Indians into a new format, bringing a hundred Indians, mostly full-bloods tunate to have a good defense team the written word a new sense of and traditional people, have died of headed by William Kunstler, and they beauty and purpose. A member of the violence on that reservation. Carloads were found innocent. Two others, prestigious Black-Legging Society of of tribal police, aptly labeled the "goon Jimmy Eagle, a teenager, and Leonard the Kiowa tribe of Oklahoma, he squad" by reservation residents, follow Peltier, now fighting extradition from yearns for those rare times when he people suspected of anti-Government Canada on the same charge, remain to can dwell in solitary splendor in the or antitribal council activities, often be tried for the killings. The evidence sacred Rainy Mountain, center of the shooting at their cars and houses with against them is less convincing than Kiowa universe. abandon. F.B.I. agents pursue and that which was presented in the As an orator Momaday is spellbind- harass the reservation residents Butler-Robideau trial. ing, a speaker who stands as a historic whenever they attempt to fight back. Members of the American Indian figure in a tribe noted for its pictur- Reporting acts of violence to the Gov- Movement remain under continual esque and incisive language. Al- ernment, which is supposed to provide surveillance by the Federal govern- though he attended Government law and order on the reservation, has ment. A.I.M. leader Russell Means has schools for part of his life, Scott's par- had few results. F.B.I. officials rou- already been through seven trials on a ents being art teachers in the Bureau tinely report that they are unable to variety of charges ranging from inciting of Indian Affairs, Momaday has little find the culprits whenever a traditonal a riot to first-degree murder. Means patience with the lethargy of Gov- Indian is murdered, although they has been acquitted in every trial and it ernment educational programs, and seem to have amazing luck in finding is now apparent that the Government seeks to inspire younger Indians to suspects whenever a tribal official or is using spurious charges against take pen in hand and preserve their ernment agent is attacked. Means to keep him in court and away tribal histories in the language of the In June 1975, two F.B.I. men were from his home with the hopes that the white man. But his major emphasis is killed at a small reservation settlement. movement will die without his charis- transforming the traditional Indian Almost immediately the reservation matic leadership. The other leader of propensity for action into poems and was covered with some two hundred the Wounded Knee occupation, Den novels which energize both reader and writer and leave a sense of growth in their wake. Perhaps the leading American In- dian writer and poet today, Momaday is now branching out into television, Photo Museum of the American Indian writing scripts, narrating films, and generating interest in Indians in a media which has long shunted aside Indian demands for authenticity. The image of the Indian will change beyond recognition when Scott it. finished with his work and Indians will be content that he has been a war rior with words. Ernest Soybuck, Roman Gabriel, Barney Old Coyote, Billy Mills, artist football player president, 1964 Olympics N.A.R.F. has started a supporting liti- series for the NBC affiliate in Los scientific fish farming at their fresh- gation program which has enabled Angeles, the group is planning addi- water lake, and the Quechan Indians at many tribes to undertake extensive liti- tional programs dealing with Indian Yuma, Arizona along the Colorado gation at a minimum cost. Because of life and culture. N.A.M.C. is not River are now looking into new farm- funding restrictions, N.A.R.F. cannot oriented toward urban problems, how- ing methods which will utilize the take criminal cases and if it has a ever. Their policy is to assist reserva- latest knowledge in hydroponic shortcoming in its program it is this tion people who have a story to tell, techniques. In the eastern states some area, but breadth of the program in and one of their first projects is bring- of the Indian tribes such as the Shin- the fields of natural resources and tribal ing the story of the Northern Cheyenne necocks on Long Island are developing sovereignty seem to make it effective in people of Montana to television. their version of aquaculture, planning the areas it does cover. Whether it Indians are also pushing forward in in the near future to raise lobsters com- would expand into the criminal law the field of economic development in mercially. field with additional unrestricted fund- some unique ways. The Lummi Indian The basic statistics which outline the ing remains to be seen, but in the pres- tribe of western Washington works in poverty conditions of Indians remain ent crisis in which Indian natural re- aquaculture., The tribe raises oysters, much the same, however, in spite of sources are coming under increasing salmon, trout, and clams. Originally the advances in economic development pressure from developers, expertise in designated as "hopeless" by the among the.tribes. Reservations as a its present areas stands N.A.R.F. in Bureau of Indian Affairs which wanted whole have desperate housing needs good stead in the Indian community. the Lummis, natural fisherman for with an estimated 40 percent of the Perhaps the best progress being thousands of years, to become weav- families living in substandard homes. made by Indians today is in the all- ers, the tribe went through a period of Unemployment remains a serious important field of media and com- benign neglect during which the problem for the larger reservations munications. Will Sampson, who Bureau refused to even visit them. with a national figure of some 35 per- played Chief Bromden in One Flew Over Being studiously avoided by the cent unemployed and some reserva- the Cuckoo's Nest, is presently in great Bureau of Indian Affairs meant that the tions, notably the Pine Ridge Reserva- demand in Hollywood, and his por- Lummis could put some "Injun-uity" tion in South Dakota, reaching as high trayal of an Indian after endless Ital- to work and they decided that the sci- as 75 percent. This figure, of course, ians have graced the screen as Sitting entific cultivation of seafood suited describes a condition so severe as to Bull, Crazy Horse, or other Indians is their fancy. They initially built a four- make figures irrelevant. qualitatively different from what has acre pond as a test site to see if the It is difficult to find reliable figures on gone before. Sampson's success is ex- program was feasible. It was, and they the drop-out rate of Indian school chil- pected to lead a general movement in became so excited by its prospects that dren because the families, in order to movies to secure Indian actors to play they raised sufficient funds to expand make a living, travel from place to place Indians, a self-evident proposition into an 800-acre pond. They presently seeking work. Children are often en- which took nearly seventy years to raise literally billions of oysters, under- rolled at several schools in the course of a bring to fruition. cutting Japanese producers of oyster- year on many of the northern reserva- In television a new group of Indians seed by half the price. tions. Indian educators maintain that it is in Los Angeles, the Native American The success of the Lummis was so less a drop-out problem and more of a Media and Communications organiza- startling that other tribes began to in- push-out situation, because Indians are tion, has been in the forefront of de- vestigate such innovations as hy- not made welcome in the schools and veloping Indian programs. Headed by droponic farming and freshwater eventually disappear through benign Sandra Osawa, a Makah Indian aquaculture. The Paiute Indians at neglect. The suicide rate of teenagers woman who produced a ten-program Pyramid Lake, Nevada have started reflects this condition, and Indians have the highest rate of young suicides in the Betty Gress nation. The young people, with no future in front of them, contemplate another (Mandan) lished a Moral Concept Development world as much as they consider this one. Growing up on the Fort Berthold Res- Center, first of its kind on an Indian The average life expectancy of In- ervation in North Dakota meant herd- reservation, to teach traditional In- dians is about fifty years today, al- ing cattle, singing in the church choir, dian values in a contemporary for- though nearly every Government learning Indian cooking, attending mat, enabling Indians to cushion the agency dealing with Indians creates its pow-wows, and being fired with a culture shock of dealing with the own estimate for this figure, coincid- desire to bring a better life to Indian fast-paced world of the white man. ing, quite often, with the programs and people through education. Betty's Married, the mother of a lovely budget requests of the agency. A major first job was as girls' guidance coun- three-year-old daughter, Betty com- factor in determining this figure is the selor in a Government school where, bines a busy and happy life as a appalling accident rate on the reserva- seeing daily that other Indians were homemaker with a rigorous profes- tions and the many deaths which are having problems adjusting to the sional career. She visits 160 local In- alcohol-related. Indians rank first na- white man's way, she determined to dian schools as part of her job as as- tionally in these statistics. The crime devote her energies and talents to sociate director of the Coalition of In- rate is also high but artificial in the helping Indians devise their own dian Controlled School Boards in sense that Indians have an extremely educational systems. Denver. A new generation of Indians high rate of arrest for drunkenness, After setting up the Adult Educa- has taken the reins of leadership in loitering, and other minor crimes, tion Program on the Rosebud Sioux recent years; well-educated, experi- which indicates a general inability to Reservation in South Dakota, Betty enced in the hardship that has be- behave in non-Indian terms, rather tagged along as tutor-teacher for the come the lot of Indians in this century, than a propensity for hard-core crimi- delegation of Sioux traveling to they are determined to reverse the nal activities such as bank robbery, Mexico for the filming of A Man Called trend of decline so evident in Indian auto theft, drugs, murder, and armed Horse, educating both Indians and communities and to understand the robbery. whites while on location. Returning rapid pace of the modern world. Betty Of the nearly one million Indians to- to her own reservation, she estab- Gress is typical of the new breed. day, nearly 65 percent live in urban Continued on pare 116) grams had it not been for the policy pur- sued during the Nixon-Ford years. The tendency of the past eight years has been to throw Federal funds about in- AMERICAN INDIANS discriminately in order to keep the In- dians pacified. Many. people occupying (continued from page 110) leadership roles have allowed them- selves to be led astray by the easy availability of Federal funding. Once the political leadership understands areas and small, nonreservation set- the price of easy Federal funding, In- tings. The reservation population is dians should be able to adjust to their primarily full-blood and traditional new opportunites and present a unit- people who have refused to leave their ed front. lands or make accommodations to the Yet the political leadership is notori- white society. It is this group, which ously slow in discerning its errors. fails to understand how to manipulate Priorto the Republican National Conven- the Federal bureaucracy, that provides tion last summer, President Ford invited the traumatic statistics, for they are al- Indians to the White House and asked ways the last recipients of Government that they come in costume. Many tribal largess. The Indians of mixed blood leaders rose to the bait, paid their own who know bureaucratic methods long way to Washington, and docilely listened before took the major portion of funds to what the great white father had to say. available for Indian programs. The fact that Ford was pursuing stray Indian country is perhaps more tur- delegates to support his renomination bulent today than at any time in North seemed not to register on the tribal lead- American history. Today Indians are ers. After the ceremony and promises by making amazing strides in many fields. Ford to be more friendly toward Indians Since 1960 nearly four hundred Indians (wonderful!), some tribal officials won- have become lawyers. Only a thousand dered aloud if they had been used. Indians were in some form of higher Well, chiefs, being outfoxed by Gerry education in 1960, but now nearly Ford is not exactly a demonstration of thirty thousand Indians are pursuing swiftness, is it? When we compare Indians with college degrees, many of them ad- other minorities in American society, vanced degrees. The community col- the real strength of Indian culture be- lege movement is strong on several res- gins to assert itself. Indians seem ervations because Indians want to somehow to maintain the important avoid the culture shock of the large aspects of community life to a much university and to tailor their higher better degree than other groups. No education to fit the needs of the reser- matter if the oral tradition has now be- vation community. In the past fifteen come partly a written tradition, and years, Indians have accomplished tre- that students today learn some of their tribe's customs from books. Or that mendous gains. Whatever activity a few Indians were timidly attempting in cassette tapes are the better means of 1960 is today being aggressively mas- preserving traditional songs. Scan- tered by hundreds of Indians working dinavians don't troop about in Viking like experts. costumes, the Anglo-Saxons have shed It is this great surge of confidence their armor, and the Italians no longer and activity that makes the present go about in togas. So there is no reason conflicts and confusion in Indian Af- for Indians to continue to act as if the fairs tolerable. For one can easily see twentieth century has not had its effect that the political leadership in the field on them. The real issue is always how of Indian Affairs has not kept abreast of many people want to help when a crisis the rank and file of Indian people, and occurs in a community. In the determi- nation of the traditional full-blood In- that the administrative structure of the Federal government which has always dian, be he or she Sioux, Iroquois, hemmed Indians in is about to collapse Hopi, Lummi, or Cherokee, we see a from its inability to keep pace with de- brighter day ahead. After all, part of velopments. Indians have made a our problem is that we have not had a quantum jump of centuries in a mere very good group of immigrants to edu- decade and a half and would have de- cate, and it has taken four centuries to veloped even more significant pro- zero in on their shortcomings. But we have been here for thousands of years, and until the other groups have had a. chance to adjust to this land, we can't expect them to understand law, economics, religion, art or any of the things that enables a people to exist in a civilized manner. So we will be patient. Tuesday, Nov. 23, 1976 THE WASHINGTON POST Probe Hits Sterilization Of Indians United Press International A congressional investigation re- The Washington Post vealed yesterday that more than 3,400 American Indians, mostly women, ELIGION were sterilized by the government's Indian Health Service over a three- FRIDAY, NOVEMBER 19, 1976 year period. The investigation was conducted by the General Accounting Office at the request of Sen. James Abourezk (D- S.D.), who said he had received num- Council Raises $70,000 erous complains that Indian women were being sterilized as a birth-control procedure without their consent or knowledge. The GAO report said that 3,001 for Crow Dog's Defense sterilizations were performed by the Indian Health Service on women of child-bearing age between 15 and 44. It Indian Religious Leader Serving Time After said that 30 per cent of the steriliza- tions were done outside IHS facilities Battle at Wounded Knee in 1973 and were performed by doctors or in facilities which had contracted with IHS for payment. By Janis Johnson is that Crow Dog's record of criminal Washington Post Staff Writer charges, trials and convictions speaks The report also said that 36 women under the age of 21 were sterilized The National Council of Churches for itself, a department spokesman during this period despite a court- has undertaken the cause of Leonard said. ordered moritorium on sterilizing per- Crow Dog, an Indian religious leader Since the council has attempted to sons under the age of 21. serving prison sentences for convic- reduce what its religious and civil af- The report indicated that there may tions arising from the Indian occupa- not have been informed consent by fairs director, the Rev. Dean Kelley, the sterilization patients as required tion of Wounded Knee, S. D., in 1973. terms Crow Dog's "excessive" punish- by law and that the consent forms in The council's division of church and ment, several of the Indian leader's the IHS medical files "were generally society has raised about $70,000 since sentences have been reduced. not in compliance with the Indian July for Crow Dog's legal defense Health Service regulations." The council now is pushing for a pa- Abourezk said that "given the small through direct mail appeals that por- role hearing for Crow Dog in Decem- American Indian population, the 3,400 tray him as "a victim of outrageous ber and to have him transferred from Indian sterilization figure would be injustice." maximum security at Terre Haute, comparable to sterilizing 452,000 non- Earlier this year, the council's gov- Ind., to a medium security prison. Indian women in the U.S." erning board declared in a resolution Crow Dog is serving two concurrent that Crow Dog, 33, a Sioux medicine man, has been "pursued, prosecuted, terms, one reduced last month from 8 imprisoned and victimized for what to 3 years, and the other for 3 years, were at most minor offensive, suggest- for "interfering with federal officers" ing that his real offense has been to during the 71-day Wounded Knee lend spiritual force and dignity to the siege in which two persons died and struggle for Indian rights." many others were injured. The Justice Department's position The council says Crow Dog was per- agent'd GERALD forming religious and medical serv- bation for conviction of attaching ices in the occupied area and had with a chain saw and a tomahawk a nothing to do with assaults against man who had entered his home unin- postal inspectors and the theft of an vited and made passes at his wife in officer's pistol. He was convicted of January, 1976. both offenses. The council, a cooperative agency of Crow Dog was given two five-year 30 Protestant and Eastern Orthodox prison sentences for, assault convic- churches, has committed money to tions in connection with incidents in parties in several highly political September, 1975, when two individu- cases, such as some Mississippi Free- als trespassing on his property were dom Riders in the 1960s and parents beaten wtih a rifle. of Kent State victims. In sentencing him last year, U.S. District Judge Robert R. Merhige Jr. of Richmond, said that Crow Dog, "though himself not. striking a blow, should have prevented this fight, be- cause he, a medicine man and leader, was the responsible person on the spot." In September, Judge Merhige com- muted the sentences to time already served. Crow Dog also is on five years pro- GALLUP INDEPENDENT NOV Clinic Navajo... (Continued From Page 1) Okayed This year's budget. he said, provides $111.000 for establishing a clinic at Rough Rock. He said it still may be awhile before a clinic is established. since there are more steps the tribe has By BILL DONOVAN to take before a contr act between Rough WINDOW ROCK. Ariz. (Dine Bureau) Rock and IHS is written. Then the con- - The Navajo Tribal Council Thursday tract must go to the House Services Ad- approved a resolution allowing Rough ministration. a governmental agency. Rock Demonstration school to contract for approval. operation of a medical clinic from the On two other items on the agenda. the community. The school will contract the clinic. at a council voted to go into executive ses- cost of about $111.000 from the Indian sion, thereby barring non-Navajos and Health Service. The resolution added a the press from attending. stipulation that the contract should be The first subject to be discussed dur- given only if it does not cause problems ing the executive session was a report with funding other programs within the from the Navajo Tax Commission on Chinle area by the IHS. proposals to establish a tax system on Residents have been trying to get a the reservation. clinic established at Rough Rock for a The commission was expected to re- year with little success. Dr. Donald commend to the council a program by Gatch has been donating his services to which large utility and mineral com- the community for the past year. panies doing business on the reservation Previous attempts to get a clinic at would be taxed. Rough Rock have been unsuccessful be- Second in the esecutive session was a cause no money has been allocated in report from Manuel Pete, director of the previous budgets. IHS officials have Navajo Land Dispute Commission. on said previusly that to establish a clinic the status of the stock removal program at Rough Rock would have resulted in from the Joint Use Area. program funds being taken away from The fall session of the ocuncil weas other IHS facilities. expected to adjourn Friday. possibly as According to Don Meyer, director of early as noon, according to Navajo tri- IHS's sanitation program on the Navajo bal Chairman Peter MacDonald. Reservation, that no longer is the case. Most items stil to be disuessed dealt with amendments to this year's tribal budget. MacDonald told the council to carefully consider these requested ap- propriations. since the tirbe is trying to work under a balanced budget for the year. Charlie John NOV 1 2 1976 Begins Term As Judge Farmington Daily Times By SCOTT SANDLIN Daily Times Staff SHIPROCK -- "The system of government on the Navajo reservation is like a three- legged stool, with one leg shorter than the other two," says Charlie John. "All branches need to be strength- ened." But John, the first per- manent, full-time judge in Shiprock in the more than a year since Judge Joe Benalley resigned, focuses his attention on one branch of Navajo government: the judicial. "I've always felt that to strengthen tribal sovereignty, it must be done through the judicial system and civil law," he says. One problem John sees is the limited jurisdiction on the reservation: tribal courts have jurisdiction over misdemeanors committed on the reservation by Indians, but are not permitted to try non- Indians. He says, however, that a recent case in a federal circuit court of appeals decided that Indians have jurisdiction over any person committing a mis- demeanor on an- Indian reser- Tribal Court Judge Charlie John (Staff Photo) vation. Navajo tribal court judge Charlie John, who The 12 "major" crimes are assumed duties Nov. 1, is a former DNA Legal handled by federal authorities Services tribal advocate and former associate such as the Federal Bureau of Investigation. director of the National Indian Youth Council. A ruling, John says, "has to come from the (Navajo tribal) Benalley, the late Shiprock was involved in negotiations on council permitting us to as- Councilman Fred Johnson and behalf of various Indian tribes. sume jurisdiction over current DNA advocate Perry "In Oklahoma, for example, anglos." Garnenez. they were expelling kids from John also sees a need for A Central High School drop- school who braided their hair amendment of tribal codes. out who later joined the in traditional fashion." Other "With all the complexities Marines and saw duty in NIYC work involved dealings arising from contractual ob- Cambodia, Thailand and Laos with U.S. Civil Rights Com- ligations on the reservation in the mid-1960s, John attended mission on employment prob- between anglos and Navajos, the summer Indian Lawyer lems and health care delivery. there is a need to amend the Training Program at the Uni- John lives with his wife, codes." versity of New Mexico in 1971 Marian, son Gabriel and John, who was approved as and later enrolled at UNM full- daughter Richanda in judge's judge by the tribal council at time. He received his bachelor quarters in Shiprock. the end of October and as- of arts degree last May in sumed his duties Nov. 1, is no political science and newcomer to the tribal court philosophy. system. In 1972, he was associate He was one of four tribal director of the National Indian advocates when DNA Legal Youth Council. "I wanted Services in Shiprock first broader experience on Indian opened in 1967, working with problems in the U.S.," he says. former Shiprock Judge While at NIYC, he says he MANDATED BY NEW LAW NOV 1 1973 Reviewed Phoenix Gazette WASHINGTON (AP) - THE BUREAU has had ranged. but they require the federal wilderness Under congressional to rely on other federal or review by Congress. area system. orders. the Interior De- local a enforcement Some two per cent of Liberalize procedures officers to protect and pa- partment is taking a fresh the nation's beef herd is for cost-free transfers of trol its lands. It proved to look at how the govern- raised on western range- public lands to other be a losing effort: timber ment administers federal and Christmas trees were land under grazing per- federal agencies a nd states for recreation. lands, which make up being chopped; cactus, mits issued by the bureau. one-third of the land in rare desert flowers, and Require the Interior For years ranchers have this country. ancient Indian paintings fought hikes in the graz- Department to complete a and carvings were being ing fees which were being comprehensive plan for The study is expected to carted off for sale in the have sweeping effects. pushed in an effort to use and protection of cities, and game was be- bring the fees into line Southern California desert The review was ordered ing poached. with the costs of grazing lands - an area equal in in legislation known as cattle on private lands. size to West Virginia - the Bureau of Land Man- Under the new law, the by Sept. 30, 1980. agement Organic Act, bureau still may contract Congress eventually set- Streamline procedures passed in the closing days for law enforcement with tled on a compromise for granting rights-of-way of Congress and recently local sheriffs, but it may grazing provision freezing on federal lands f 0 r signed by President Ford. field its own force of the lee at $1.51 per ani- everything from transmis- The legislation removed mal per month while the trained and armed agents sion lines to water flumes. whole issue is studied for some 3,000 outmoded laws The general aim is to re- who will have full powers from the statute books. a year. Also, Congress de- of arrest, search and strict future rights-of-way cided to extend the The aim was to update to specific corridors to seizure. and streamline adminis- rancher-dominated graz- minimize environmental trative policies. The Interior Depart- ing advisory boards for 10 damage. ment did not seek this more years and to ear- THE LAW directs the in- mark half the annual fee Review all the land terior secretary and the power. and sources there bureau to examine and re- talk in terms of only a revenue of $25 million for that has been put off small force of agents to range improvements. limits to mining and to view all the possible uses require that any future of public lands and deter- begin with. RANCHERS also have mining bans on tracts in mine whether a section In Western states. up to fought stepped-up excess of 5,000 acres be is to be set aside for graz- 80 per cent of the land roundups of wild horses, approved by Congress. ing, mining. timber, recre- may be federally owned. which came under ex- tion or wilderness. This creates problems for panded federal protection The Homestead Act was towns that want to ex- in 1971. The protection symbolic of the outmoded pand. This situation is law banned all mechani- especially urgent in the cal vehicles in roundups. laws removed from the books by the new law. coal and oil shale towns But the bureau said the Homesteading had served of Montana, Utah, Colora- roundups were proving to to populate the West. but do and Wyoming. be too lengthy, costly and it had virtually ceased for AS IT WAS, federal dangerous by horseback lack of suitable farmland. land could be transferred and so, over the protests However, Congress did only in token amounts or of humane groups, Con- leave the interior secre- in larger blocks only for gress decided to allow recreation purposes. everything from four- tary the discretion to wheel-drive motor vehi- allow homesteading in Under the new law, the cles to helicopters Alaska for 10 more years. secretary can sell up to And, it allowed a similar 2,500 acres to a town, at Some other provisions approach for developing the going market price, if in the law would: premising desert lands, he thinks the sale is for For the first time notably the Sand Hill re- the general public good allow portions of the pub- gion of Idaho. Larger sales can be ar- lic lands to be set aside in NOV 5 1976 Albuquerque 1976 Tribune Taes Pueblo EDITOR'S NOTE: Pete Lee, editor of the FI Paso Herald- ing the ruins of Mesa Verde and swinging north through Post, Sevings-Howard Newspaper, recently visited the the San Juan Mountains and the Black Canyon of the Mesa Ver cliff dwellings in southwest Colorado and the Gunnison and then south again to cross the Gorge of the New Mexico exeblos country. This is a column he wrote Rio Grande to Taos Pueblo. on his impressions. The pueblo seemed unchanged since the last time my By PETE LEE bride and I saw it some eight years ago. The big plaza Editor, EI Paso Herald-Post between the north and south structures was vacant save for a few picture-taking tourists like ourselves, and some According to Hopi legend, Tawa the Creator made the Indian youngsters - all in modern dress - playing along planets long ago, and deep in the Earth he placed life in the banks of the stream that bisects the plaza. the form of insects, expecting them to live Take away those visitors and the modern garb of the peacefully together. kids, and the pueblo looked much as it must have looked But the insects fought, and Tawa sent when Spanish explorers first came across it - and possi- Spider Grandmother down to lead them up bly, if it existed then, when remants of the Anosazi, to a new level within the planet, and to a fleeing their cliff dwellings to the west, made their way to different life. the Rio Grande and merged with the tribes living there. When they emerged into this second world they found themselves changed into BUT IF THE pueblo has changed very little the same fur-bearing animals - the rabbit, wolf and cannot be said for the city of Taos, just below it. When bear. Even in that form, however, they last we were there it was a small and quiet village, with fought amongst themselves, SO Spider the greatest stir of activity - and not very much activity Grandmother came again to lead them up at that - centering in the town plaza. Lee to a third level of existence, just below the We found the town mightily expanded - motels blos- surface of the Earth. soming where once had been empty ground, art galleries In this new level, the creatures found themselves in and souvenir stores everywhere. And people. Taos was the form of men. And still some of them fought, stole and jumping in the throes of one of its frequent arts and gambled. crafts fairs. The narrow streets were clogged with cars, and a parking space was scarcely to be found. so SPIDER Grandmother came for the last time, to lead the good people up to the surface of the Earth, send- I guess I should not object to the march of progress, ing them across the land in the form of different tribes. but somehow I resented this population explosion and all And the whole through which they emerged to the the new stores, even as I enjoyed greatly poking my nose open air was called "sipapu." into the galleries and viewing some truly beautiful art In each of the circular kivas of the cliff dwellings of work. Mesa Verde you will find a sipapu - a small hole dug in the ground to commemorate that long-ago emergence of WE PULLED OUT of Taos after a few hours' visit, man on Earth. spent the night in Old Santa Fe, drove down next morning The legend of sipapu was not confined to the Anasazi to poke through the stores of Old Town in Albuquerque, people who built the cliff dwellings, for you will find simi- and then headed down the long road home to El Paso. lar holes in the kivas of pueblos built along the Rio I won't say I'm glad to be home. It would have been Grande. It seems a common thread which binds together nice just to have spent a few nights sitting all alone in one the many tribes of ancient days. of the kivas of an abandoned cliff dwelling in Mesa Verde, looking at the sipapu and listening to the ghosts of AMONG THE pueblos of the Rio Grande, one of the the Anasazi tell tales of Tawa and Spider Grandmother greatest is that at Taos, whose terraced apartments, and how it was long ago when man first emerged from the linked by ladders, have been inhabited for hundreds of Earth into a quiet and peaceful world. years. But then it's likely that those ghosts wouldn't talk to a It was to Taos our vacationing party went after leav- white man. NOV 4 1976 QUA'TOQTI JUA relocatees more about to be provided JUA relocatees with facilities The Hopi Tribe has been reluctant to approve any development that might encourage continued Navajo presence in the area. WINDOW ROCK The Office of En- The freeze on public works has been one of the most vironmental Health and Engineering of emotional issues in the Navajo-Hopi land dispute. the Navajo Area Indian Health Service Navajo residents of the Joint-use Area have complained (IHS) is developing plans to provide bitterly that they are being denied programs which are being water and sanitation facilities for homes lands. developed in parts of the reservation away from the disputed into which Navajo residents of the Joint-use Area will be relocated in The requirement for "safe and sanitary housing" for all settlement of the Navajo-Hopi land dis- relocatees will pose several practical difficulties in some cases, Myer said. pute. Office Director Don Myer said the ser- He said that if a family chose to relocate in an area remote vices will be provided in accordance with from exiting or planned public works projects, they will legislation passed in 1974 establishing probably have to be served through cisterns, septic tanks and generators. guidelines for relocation and requiring that all relocatees be provided housing Myer said his office has not been contacted by the that is "safe and sanitary." He said this Navajo-Hopi Relocation Commission to coordinate plans for provision required hot and cold running providing services for relocatees. water, flush toilets and electricity. Myer estimated that the 3,500 persons who would be relocated under terms of a plan currently being considered by the Tucson Federal District Court represent about 673 families. To provide water and sanitation facilities for 673 units would cost about 5 million dollars, he said. Myer noted that the IHS would not be involved in providing services to persons Housing Authority. money who relocate off the Navajo reservation. Navajo Utility Authority (NTUA). alleged misuse of tribal funds, Authority placed Funding. grand jury last week for men indicted by a federal Miller, 31, was one of three lions of dollars in federal alleged fraudulent use of mil- trial Jan. 18 on charges of PHOENIX (AP) Pat Chee NOV 4 1976 He further noted that development of electrical facilities would be done by the Miller of Gallup, N.M., faces The IHS will also undertake a massive program to provide water and sanita- tion facilities to the half of the Joint-use Area which will be turned over to the Navajo tribe in partition. He said about $8.5 million would be needed to provide water and sanitation facilities to persons in this area, where public works have been virtually frozen since 1966. when he About 8,000 persons now live in the half of the Joint-use Area that would tor of the Navajo Housing Miller was executive direc- trict Court Judge Carl Muecke. own recognizance by U.S. Dis- allocated to the Navajo .day pany. and was released on his He pleaded innocent Wednes- eral government. conspiracy to defraud the fed- money obtained by fraud, and interstate transportation of Farmington Daily Times become exclusively Navajo under the plan now before the district court. The secretary of the interior ruled that public works projects to benefit Navajos in the Joint-use Area could pro- ceed only with Hopi approval. continued on page 6 thority money to American loaning Navajo Au- ing $42,000 in kickbacks for Miller was QUA'TOQTI NOV 1 1976 Hills, Calif.. investment com- Funding Corp., 3 Beverly ment funds American Housing and Urban Develop- nearly $13.3 in U.S. GALLUP INDEPENDENT NOV 15 1976 Tribe, Not State, Has Right to Energy Revenue: MacDonald WINDOW ROCK. Ariz. (AP) - The panies don't mind paying taxes to the vice Co., the proposed WESCO coal Navajo tribal chairman says the tribe tribe (if) they don't have to pay taxes to gasification plants. and Peabody Coal, has the right to tax energy-producing the state. all of which have operations on the companies operating on the reserva- "Of course." he continued. "the Navajo reservation. tion, not the state of New Mexico. state's position is that it does not want to Peter MacDonald said the tribe relinquish it: right to tax. Our position is Waldo Antone of the state Legisla- that the states have no right to tax ac- tive Finance Committee said the will challenge in court the New Mexico tivities on the reservation Navajo, Mescalero and several pueblo law which allows the state to tax com- The state law. passed last spring. tribes have filed suits challenging the panies doing business on the reserva- would take leasehold interest taxes state law. He said the suits are being tion, such as the Four Corners power- producing companies. from non-Indian companies leasing land handled as one case and will probably and operating facilities on the reserva- end up in the state Supreme Court. "The big problem here is that the tions. Antone said no taxes are being companies do not want to be double It would affect El Paso Natural Gas, collected from the companies pending taxed." MacDonald said. "The com- Utah International. Arizona Public Ser- the outcome of the court action. Albuquerque Journal NOV 14 1978 Navajos Oppose Tax Plan Navajo, Mescalero, and several pueblo By JIM LARGO tribes have filed suits challenging the Of the Journal Staff state law. The suits, all being treated WINDOW ROCK, Ariz. - The Nava- as one, are expected to end up in the jo Tribe will fight New Mexico in State Supreme Court, he said. court over the right to tax energy pro- ducing companies on the reservation, Currently no taxes are being taken including the Four Corners area, the from the companies pending the out- Navajo leader declared in an exclusive come of court action, he said. The interview with the Journal. Navajo suit involves the Four xorners energy producing companies, he said. Tribal Chairman Peter MacDonald said the tribe has a right to tax the "The Navajo Lribe has a tax com- companies and will challenge New mission which has been charged with Mexico's law which says the state can the responsiblility of researching and tax companies doing business on the investigating types of taxes and at reservation. what level we can levy on these com- panies," said MacDonald. The taxation would affect El Paso Natural Gas, Utah International, Ari- "We are expecting the commission zona Public Service Co., the proposed to report to the council on their find- WESCO coal gasification plants, and ings and their recommendations. The Peabody Coal, all on the Navajo reser- tribe has a right to tax as a govern- vation. ment unit. A state law would take "leasehold "The big problem here is that the interest" taxes from the companies companies do not want to be double and other outside non-Indian compa- taxed. The companies do: t mind pay- nies feasing land and operating facili- ing taxes to the tribe(if) they don't ties on Indian reservations. The law have to pay taxes to the state. was passed last spring. Peter MacDonald "Of course the state's position is that Waldo Antone of the Legislative Fi- "Who Will Foot Bill?" Continued on A-2 nance Committee in Santa Fe said the Navajos and Hopis Still Differ over Pasture Canyon Despite Order By L. Joy Bossert decision to grant the permane- ordered that no action be taken nt injunction, said that based on to remove or do damage to the WINDOW ROCK-Although a the testimony given by Samuel fence around Pasture Canyon. permanent injunction barring Perte, former director of the He testified that his first the Hopi Tribe from further Navajo-Hopi Land Dispute order was sent to the Justice construction in the Pasture Commission, Pasture Canyon Department in Phoenix but he Canyon area near Tuba City is within the exterior boun- has received no results. was issued by Navajo Tribal daries of the Navajo reserva- Court Judge Merwyn Lynch tion and therefore within Dwight Marable, area spe- October 22, the Hopis still territorial jurisdiction of the cial officer for the BLA testified maintain, as they have all court. that he served Hopi officials along, that the "Navajo Tribe In his ruling, Lynch said with McBroom's first order and has absolutely no jurisdiction in further, that based on the testi- was informed that the Hopi the area." mony of BIA officials Val Tribe ceased construction for These were the words of John McBroom and Dwight Marable two days, then resumed. Boyden, Sr., general counsel be would grant the injunction testified that following the for the Hopi Tribe, in an inter- because of BIA and Justice July 28 order he was informed view Monday. He added fur- Department inaction in the that Hopis had completed the ther, "We have a right to be matter and the Hopis failure to fencing (later removed by there and have always been comply with orders issued by Navajo police). there." He said that he has no BIA officials ordering then to idea if the tribe plans to comply stop fencing to the area. In other testimony, Frankie with the Navajo court order. Lynch had earlier granted a Paul, Tuba City Agency superi- Contary to Hopi opinion, preliminary injunction authori- ntendent for the BIA testified Judge Lynch in announcing his zing removal of a fence built that since removal of the fence by the Hopis in Pasture Canyo- July 28 he was not aware of any n. It was also at that earlier reconstruction of it around hearing held August 24, that Pasture Canyon. three BIA officials refused to NOV 4 1976 testify because of "orders from Navajo recuting Attor- the U.S. Attorney's Office of ney, Raymond Tso, in his sum- Navajo Times the Department of Justice. mation asked that based upon In a hearing held late last previous and current tastimo- month assistant U.S. attorney ny, the preliminary injunction for the Department of Justice be made permanent. said that the Secretary of In- "Testimony by Val McBroom terior had granted the three and Dwight Marable of the BIA permission to testify in the indicated that the BIA did future. nothing and has no plans to do At the October 22 hearing anything. The only way we can former acting area director for protect peace is with the the Navajo BIA Office, Val granting of a permanent injun- McBroom, testified that when ction. the Hopis constructed a fence in This will allow the Navajo July in the area, he ordered Tribe its prayer in this cause of them to immediately cease action," he concluded. from any further fencing acti- After granting the injunction, vity. Judge Lynch asked Tso to Several days later on July 28, prepare the order. understanding that fencing had No Hopi representatives started again and that agroupof appeared at the hearing becau- people there had begun to re- se of their contention that the move it, testified McBroom, he Navajos lack jurisdiction in the matter. The tribe maintains that since passage of the Nava- jo-Hopi Settlement Act jurisdi- ction in the matter belongs to federal court. GERALD'S The land in the Pasture ca- nyon area is administered by the Navajo Agency of the Bureau of Indian Affairs but any construction activity requires approval of both the Navajo and Hopi tribes. A-2 ALBUQUERQUE JOURNAL Sunday, November 14, 1976 Court to Get Navajo Tax Plan Continued from A-1 the Four Corners Power Plant with lease will be renegotiated, so we can it does not want to relinquish its right purchased coal from other companies. have a higher royalty structure. to tax. Our position is that the states McKinley Mines is mining coal partly have no right to tax activities on the on the reservation east of Window "We are shooting for the same type Rock. reservation. of arrangement we have with El Paso, if not better." "Very shortly we will be in court MacDonald said the energy industry with the state over this," said Mac- provides 70 per cent of the tribal gov- MacDonald said Peabody Coal will Donald in an interview in his office. ernment income. All of the money come last in the renegotiations. Pea- comes from royalty payments through body pays 25 cents ton in royalties He was explaining the tribe's plans lease agreements. The tribe does not which is divided equally between the to produce the nation's much needed tax the companies now. Hopi and Navajo tribes. energy. The reservation, spreadingov- er parts of three states, contains bil- When tax levies are begun, he said, tribal income should double. In addi- lions of dollars worth of coal, uranium, There is some concern about the raw oil, and gas, he said. tion to the taxation, the tribe will in- materials being depleted within 30 to crease its royalty payments from the 35 years, he said. However, the tribe During 1975, companies exported companies, said MacDonald. believes it has enough raw materials from the reservation 10.3 million for the next 100 to 150 years, he said. barrels of crude oil, 5.5 billion cubic The tribe has reopened lease nego- feet of natural gas, and more than 13 tiations with Utah International which million tons of coal. Uranium produc- pays the tribe 20 cents a ton in royal- He said the 10 per cent now being ties. It is the second coal mining cont- dug up will be gone in 35 years, but the tion is just beginning. pany to be asked for the higher rate of remaining 80 to 90 per cent of the de- royalties. posits will be leased out proportionate- Most of the raw materials were ly during the next century. shipped out, and some of the coal was converted to electrical power relayed Tribal officials recently completed to Los Angeles, Phoenix, Albuquerque negotiations with El Paso Natural Gas. MacDonald explained that energy The tribe was receiving 15 cents per extraction will be done only with cau- and places in Texas. ton for coal from the company. An tion and in a way to bring the highest MacDonald explained that the cur- agreement reached will mean that El benefit to the tribe. Such steps are rent energy production, industry has Paso will now pay 55 cents per ton or being taken in the plans for WESCO tapped only 10 per cent of what is be- eight per cent of the selling price, coal gasification plants, he said. lieved to lie under the reservation. whichever is more' "We have taken into consi deration Coal and uranium are believed to be "We have now established a mini- the environment, and the kind of de- more abundant than gas and oil, he said. mum-55 cents per ton is the lowest velopment where we have outsideW they could pay us. If the coal is worth people coming in, overtaking the re- The 46-year-old Navajo leader said $8 per ton, we will take eight per cent, servation by setting up construction the known raw materials are in the which is 64 cents per ton. If the price camps and boom towns." middle and eastern side of the reser goes up to $10 per ton, we will take 80 cents, instead of 55 cents. He said tribal officials are continu- vation and the western side is yet to be ing talks with WESCO and El Paso explored. Natural Gas for plant its leases. The "Now we are moving to Utah In ter- MacDonald said the tribe has leases companies would buy coal from other national. They are: still paying us 20 companies and convert the coal into with three major companies. They are cents per ton. The way the present El Paso Natural Gas, Utah Internation- natural gas. lease is they will pay us 20 cents until al, and Peabody Coal. El Paso and Utah they mine all the coal in the lease. International are in the Four Corners Undoubtedly there will be "social area and Peabodyison Black Mesa "With the latest initiative on our south of Kayenta. and environmental impacts," he ex- part, we have been able to get them to plained. These must be researched and agree to sit down and renegotiate the Arizona Public Service Co. operates brought out before development, he lease. I am very optimistic that the said. QUA'TOQTI Traditionalists meet with Chairman; NOV 1 1 1978 proposed land settlement discussed KYAKOTSMOVI Fourteen mis- Vice Chairman explaning the Tribal mated in accordance with law. informed Hopi "traditionalists" gathered position. They explained that the Hopi If the Indian Claims Commission ap- at the Hopi Tribal headquarters Tues- Tribe was in a better position to acquire proves the out of court settlement offer day afternoon (Nov. 9) and demanded to land than any other U.S. tribes, and all the approval precedures are meet with Hopi Tribal Chairman Abbott explaining two other laws under which completed, it goes to Congress who will Sekaquaptewa to hear him explain what the Tribe is working to get the land include the payment in an appropriations the proposed $5 million settlement back. bill. agreement with the federal government The meeting ended with an agree- How the settlement money is to be was all about and what it meant. ment that the traditionalists would bring utilized by the Tribe, if it is approved. is The three-hour meeting took place in their own attorney to look into the the Tribal Council chambers with Tribal a matter that has to be settled by the settlement agreement and interpret it Tribe in the future. Chairman Sekaquaptewa and Vice for them. They feel a meeting with both Chairman Alvin Dashee representing attorneys would satisfy their doubts of the Tribal Council. Sam Shing, inter- the explanation given by the Tribal of- preter and sgt. of arms for the Council, ficials. The meeting date was not set. also sat in on the meeting. Meanwhile, Tribal delegates are in Mrs. Mina Lansa, self-proclaimed Washington, D.C. this week to testify chieftain of Old Oraibi, and Thomas before the Indian Claims Commission Banyacya, a spokesman for the tradi- that the settlement offer was explained tionalist group, both led the group. and discussed by the Tribe on Oct. 30 in The meeting began with tradition- a general meeting, which was consu- alists charging that the Tribal Council was selling Hopi land for money when they never authorized the Council or the Tribal attorney, John S. Boyden, to enter into any land settlement. Publicity regarding the proposed set- tlement was inadequate, they said, and if the settlement was approved, it would NOV end the Hopi way of life. 1976 After various charges against the Council and Chairman Sekaquaptewa Albuquerque Journal were expressed by several tradition- alists, Sekaquaptewa told the group there was not much point in explaining Mechem Drops to them the proposed settlement and what it means, because they had already Navajo Lawsuit made up their minds that they would not A $6 million breach of con- believe any explanation by him or the Council. tract suit against the Navajo Housing Authority has been Other questions raised in an orderly dismissed by U.S. Dist. manner later turned the topic back to Judge Edwin Mechem. the settlement offer. Mechem said he did not have At one point during the discussion jurisdiction over the case. David Monongye of Hotevilla said Window Rock Construc- Qua'toqti was merely a "funny paper." tors Inc. filed the suit Sept. Chairman Sekaquaptewa later ex- 30 claiming the housing au- plained to the group the history behind thority failed to honor por- the Indian Claims case. He said the pro- tions of contracts for con- posed settlement with the government struction and improvements was the result of Tribal Council efforts on 310 low-income home trying to protect Hopi cases in court sites on the Navajo Reserva- designed to gain land. not to sell it. tion in New Mexico and Ari- He said the Hopi Tribe will be getting zona. almost 1 million acres of land in the near The Window Rock, Ariz., future that is now in the hands of the firm had asked a jury trial Navajo tribe. and $6,644,376 in damages. "This is some of the same land that we have supposedly just sold," he said. A map was posted to help explain the land cases, with both the Chairman and A=6 The Albuquerque Tribune, Monday, November 15, 1976 Reliable telephones for Navajos The first regular tele- on Hunts Mesa, Arizona, to The tiny village, 35 miles runs the repeater, explained Nor does it need air-con- phone service for the tiny serve Halchita (also known north of Kayenta, Ariz., has Bill Buckley, GTE Lenkurt's Navajo community of Hal- ditioned buildings, power as Mexican Hat) marks the had for a year or two, mobile supervising staff engineer in chita, Utah, will begin in first commercial use of the lines or generators normally unit telephone service which Albuquerque. December via a unique found at conventional repea- solar repeater. is party line "and not too re- Developers estimate the solar-powered microwave ters. Instead of blazing PROBABLY no more than liable," Robinson said. repeater will work about roads to the mesa, installers repeater. 50 of the estimated 100 resi- The Hunts Mesa repeater seven days without sun- The repeater system, de- flew in the repeater by heli- dents of Halchita will take will connect a microwave shine. signed by GTE Lenkurt, a copter, Buckley said. advantage of the new phone terminal at Halchita with the The system, tested for two This is Lenkurt's first subsidiary of General Tele- service, said Jess Robinson, national telephone network years prior to installation on phone and Electronics Corp., solar-powered project, toll radio and equipment through a microwave link to Hunts Mesa, will operate in can be installed for about Buckley said. supervisor of Navajo Com- Kayenta. 140-degree heat and re- John Oades, a GTE Lenk- one-fourth the cost of exist- munications Co., which pur- quires only four watts of urt staff engineer, devel- ing repeater systems. chased the Lenkurt solar THE TWO solar panels power - about that of a Installation of the system oped the system and per- repeater. charge the battery which household nightlight. formed the field tests. ANCIENT SKILLS, MODERN TECHNIQUES NOV 9 1976 Growing Use Of Indians PhoENix Gazette In Drug Patrol Pays Off Last year alone, the Papagos seized A growing problem of illegal drug "The Papage speak an unwritten lan- more than eight tons of smuggled mari- smugglers along the U.S.-Mexican bor- guage almost impossible for outsiders to juana - almost 20 per cent of the der near Sells will be met with the learn," Acree said. amount seized in the entire Nogales, addition of five Papago Indian patrol The first seven members of the Papa- Ariz., district. officers, the U.S. Customs Service said. go Tribe were appointed as Customs Most of the Indian officers have had The recruits bring to 15 the number of patrol officers in 1975. Later the number experience in law enforcement and are American Indians assigned by Customs was increased to 10. well matched to their jobs, said Acree. to the smuggler-ridden 60 miles of Since their appointment, the Papagos "They are excellent horsemen famil- border. have made 63 drug busts involving iar with every inch of this area, he U.S. COMMISSIONER of Customs 37,256 pounds of marijuana. Forty-five said. "They are able to combine ancient arrests have been made and 18 vehicles Indian skills with the most modern law Vernon D. Acree noted that in the past and 16 horses have been seized. enforcement techniques and equipment non-Indinn Customs officers had a prob- "WE PUT MANY of the horses 10 work available." lem concealing their presence and ne- with the Customs Service in the Sells THE INDIAN officers speak English gotiating the rough terrain, along with area and around Lukeville," an officer and Spanish as well as Papago. On communicating with the Papages. declared. several occasions they've outsmarted radio eavesdroppers by conversing in their native tongue. By SCOTT SANDLIN Daily Times Staff Relating to the Democratic sweep on the reservation Navajo Tribal Chairman Peter MacDonald had one way that influenced the county vote, Arthur said, "We have a of putting it: "In 1974, after our first registration and grassroots organization. We're organized and the voting drive, the headlines read, "The Navajo sleeping Republicans weren't. Navajo) people are beginning to differentiate between the two parties - they see the giant is awakening.' In 1976 they should read, The Navajo Republicans as representing special interests." sleeping giant is awake and active.' Simply stated, the Navajos have become a political force to be reckoned with as demonstrated in most of the recent county races in which they were the deciding GOP county chailman Ronn Jones disagrees. He said factor. Republican candidates attended several chapter meetings Overall participation in the recent election was 79.83 per where candidates were invited to speak, and several, cent in 10 predominantly Navajo precincts (three in notably State Corporation Commission candidate Jimmie Shiprock, Naschitti, Sanostee, Two Grey Hills, Crystal, Glenn, stumped extensively on the reservation. Chaco, Kirtland-Pruitland and Bisti-Burnham). "Harrison (Schmett who defeated Montoya for the U.S. And, as is now known, most voted a straight senate seat) made a complete tour of the reservation," Democratic ticket-much to the chagrin of county Jones said, near primary time, speaking at schools. Republican candidates, who were hardest hit by the vote. Influencing the reservation vote was a statewide GOP Get Out the Vote concern, he said. The state organization considered and The major thrust of pre-election publicity on the worked on the matter for six months before the election. reservation-at chapter meetings, in posters, on the radio "Really," Jones smid, "we were defeated from the very and in the newspapers-was to get out the vote. start. It was pretty obvious where the (Navajo) MacDonald and other well-known Navajo personalities sentiments were. First the tribe announces $25,000 for taped Navajo language radio spots pushing the get-out- getting out the vote, and a week later comes out with an the-vote campaign, and the tribe offered free meals at endorsement for time Democrats." (The endorsements, chapter houses (not polling places) and rides to polls. which were not exclusively for Democrats, were made Public access programs on radio stations featuring about a week prior tin the election.) Navajo news presented chapter presidents and other GOP county commission candidates, according to Indian officials urging individuals to register, and, later, Jones, had worked. extensively with the Navajos. He to vote. points to candidates like Hank Pohlmann, who worked for Jim Gober, owner-manager of Radio Station KWYK, the tribe for several years. Pohlmann lost. said the Navajo voter registration drive launched this Grassmoots Organization year "was the first time a major effort has been made- While Jones may disagree on the degree of organization at least, in relation to this station." and campaigning on behalf of the GOP on the reservation, Political Advertising he said the "big prush" for registration came from the Political advertising revenue for the station in the two Democrats. "There was quite a drive," he said, "from weeks before the election was 53.9 per cent Republican, Montoya's group and from the labor unions." primarily by candidates such as Marion Farnsworth of Jones cited problems of getting election officials from Kirtland, unsuccessful GOP state senate hopeful and Tom party ranks to work at polls. "We lost some election Taylor, whose father, Merrill Taylor, is a former state officials from 1974," Jones said. "They said they were representative and former reservation trader who speaks harassed at the polls, and wouldn't work again." Navajo. Young Taylor lost a GOP bid for county Commenting on the overall Republican effort, Jones commission. But by then, Gober said, "The horse was out said, "Under the circumstances, I think we did the best of the barn." we could." Shiprock Democratic Ward Chairman Harris Arthur Campaign posters radio and television announcements, says his group worked through the San Juan Democratic newspaper articles and ads aside, Arthur notes that word Committee, purchasing radio spots aimed primarily at of mouth has a lot DD do with elections on the reservation. advising Navajo citizens of their rights. Statements, for "People look to community leaders- who's pushing so- example, were made that persons who do not speak and-so-at chapter meetings and elsewhere," he said. English may have one person from each party assist them "It's not a visible kind of thing." in the booth and that persons must be allowed time off from work to vote. What the figuress, statements of mutual distrust and "Democrats aimed at getting out the vote,", Arthur hard campaigning mean is another story. said, "more than pushing specific candidates. Several Democratic Drive candidates bought their own time Paul Onuska, Sen. The northeasterm part of the reservation (San Juan Joseph M. Montoya, (Junmy) Carter." Some individuals, County) historically has been more independent and more including Tribal Councilman Jonas Mustache, paid for their own advertising on behalf of Carter and other candidates. Farmington Daily Times NOV 1 1 1976 NOV 1 4 1976 Farmington Daily Times vocal in its opposition to Window Rock than any other average $800-a-year income, stand to benefit from those area of the Navajo Nation. There was opposition from this programs. corner to tribal leaders since the Navajo Tribal Council's Amendment Five inception in the 1920s. One item that received little attention from any quarter The present administration, despite its endorsement of of the county was Amendment Five, which would have primarily Democratic legislative and presidential can- benefited not only Navajo voters, but also citizens in didates, is Republican. Tribal Chairman MacDonald was Blanco, Eloomfield, Aztec and other outlying parts of the close to the Nixon White House. county. Providing for a five-member county commission elected by district, the two additional commissioners With all not well in Window Rock, judging from recent would have represented the eastern and western reaches news stories, it is not too far-fetched to think that that of the county. may have had a bearing on the election. Trust Relationship The Navajo straight ticket vote is perhaps reflective of Also worthy of consideration, particularly with the an unsophisticated citizenry. Like newly-enfranchised presidential race, is the special trust relationship that voters from other ethnic groups, many Navajos are exists between Indian tribes and the federal government. unable to read and write. Technically considered wards of the U.S. government, With the right to vote comes the responsibility of Navajos and other Indians are more directly affected by knowing who and what you're voting for. And there are the Washington powers-that-be than most angles. The plenty of educated voters, we'll wager, who voted a commissioner of Indian Affairs, setting policy for tribes straight ticket or close to it. throughout the U.S., is a case in point: it is an appointive post. With an uneducated citizenry, there is ample space for political chicanery, and there are rumblings from Then, too, Democrats have traditionally supported members of both parties of unethical doings in the recent social welfare programs which Republicans, and election. traditionally conservative San Juan County, have opposed. The programs, of course, include such But the Navajo turnout in sheer numbers indicates an controversial measures as food stamps, but also include eagerness to become part of the electoral process, and work training programs through the U.S. Labor Dept., that is not a bad starting place. geared toward generating employment. Navajos, with an The Sloux City Journal, Wednesday, November 3 1976- Veteran Land Surveyor at Trial Here The trial of an ownership dispute over Monona County land continued Tuesday in U.S. District Court in Sioux City with testimony of a veteran land surveyor. Elmer M. Clark of Denver spent most of the day testifying about various maps and surveys of the Blackbird Bend area, claimed by both the Omaha Indian Tribe of Nebraska and several Monona County farmers. In dispute in the trial is about 3,000 acres of the Blackbird Bend area which more than 100 years ago was on the Nebraska side of the Missouri River and part of the Omaha Reser- vation. The river changed course in the early part of the century. leaving Blackbird Bend on the Iowa side of the river. Clark discussed features' of the various surveys and maps made of the area in the 1850s and 1860s, at about the time the Omaha Tribe claims the land was deeded to them. Also testifying Tuesday was Charles Cork of the Bureau of Indian Affairs in Washington. He concluded testimony begun during the trial's first day Monday NOV 1 Albuquerque Journal 7 1078 charter services by tribal executives, including MacDonald. Chairman carried to the executive at Window Rock, according to 190 persons famil- TG&E Vice President Thomas Via iar with the transactions. Jr. said the flights were made to help overcome opposition by Navajos to a The checks were naid by Tucson 345,000 volt transmission line across Of Navajos Gas & Electric Co. to Atsidi Avaiation, Navajo lands in northwest New Mexi- Inc., the sources said. CO. The two checks, written in August Via said MacDonald agreed to make and November 1973, were for special the trips if the company paid for them. Subpenaed By HOWARD GRAVES Associated Press Writer Navajo Tribal Chairman Peter MacDenald has been subpsened to appear before a federal grand jury in Phoenix, it was learned Tuesday. The grand jury for the past several months has been investigating alleged financial irregularities on the scrawl- ing Navajo reservtion, America's larg- est. MILWAUKEE JOURNAL MILWAUKEE WISC. The U.S. attorney's office in Phoenix D. declined comment on the subpoena. Reservation sources close to the NOV 5 1976 investigation said the subpoena was served last week on MacDonald by federal investigators. Judge Bars Condemnation In Window Rock, Ariz., the Navajo capital, a secretary in MacDonald's office said he was enroute home from of Indian Land for Airport Washington, D.C. A Special Justice Dept. task force Federal Judge Robert War- sion of Aeronautics began In March of 1975, the state was assigned to the U.S. attorney's off- ren has ruled that Brown negotiating with the heirs to decided that the offer should ice last January to delve into alleged County and the State Depart- buy the land. At about the have been made to the BIA,, mishandling of federal funds on the ment of Transportation can- same time, the Oneida tribe the US attorney, the US De- reservation, which extends into por- not condemn 30 acres of Indi- began working on a plan to partment of the Interior and tions of Airzona, New Mexico and an land next to Austin Strau- buy the land to reincorporate other federal officials. In an Utah. bei Airport in Green Bay. The it into the reservation. effort to get the condemna- land had been sought for air- The BIA cooperated with tion procedure underway, the The Associated Press learned in late port expansion. the tribe's plan, and between legal papers making the juris- The State Division of Aero- 1973 and 1975, the heirs dictional offer were sent to October that a top Navajo tribal offi- cial had received an estimated $6,600 nautics had tried to take over turned their property over to these officials. the land, which is held in in cash through a Gallup charter air the federal government to hold in trust for the tribe. On April 18, 1975, the state service. trust by the federal govern- ment for the heirs of an Onei- took the next step and told The state was unaware da Indian, but Warren ruled that most of this was happen- each of these federal agencies The money, after being converted that the condemnation pro- ing and decided to obtain the how much it was prepared to from bank checks to cash, was hand ceedings were illegal. land by condemnation. Under pay to condemn the land. According to documents in state law, there are two steps When the federal govern- federal court, the land was required to condemn land. ment received this notifica- included when the Oneida The first is to make legal tion, it filed a federal lawsuit Indian Reservation was jurisdictional offer to buy the challenging the right of the formed in 1838. property. The second is to tell state to take over the proper- In 1887, it was allocated to the owners how much the ty. an Indian named Levi Doxta- state will pay. The owners tor. The title was held in can go to court to seek a Warren's ruling agreed trust for Doxtator by the higher amount if they think with the Tederal government Bureau of Indian Affairs the state's figure is too low. that state agencies have no (BIA) and has remained in The state sent its first ju- power to condemn Indian trust for his 48 heirs. risdictional offer to the BIA lands held in trust by the In May of 1973, the Divi- and to each heir in 1973. BIA. OKLAHOMA CITY TIMES OKLAHOMA CITY, OKLA NOV 9 1976 Indians accuse city of discrimination Oklahoma City officials today called for the group to provide lists were accused of discrimination of names for appointment to city against American Indians in hiring boards and commissions. practices and appointments to citi- Gardiner responded angrily: zen boards and commissions. "You get your own list. You do The charges came from four Indi- your own aggressive recruitment an representatives who appeared be- do your own initiating of an af- fore the city council and pleaded for firmative action program for Indian more Indian employment and health people. It's your fault, not ours." and welfare services for urban Indi- Gardiner referred to the existing ans. situation for urban residents as Mrs. Robert Giago, whose husband "genocide economical stranglehold." directs an Indian training and em- He said Indians will not partici- ployment program, said urban Indi- pate in any social program unless ans are denied any assistance from there are identifiable Indians in- the federal Bureau of Indian Affairs. volved. "I'm not talking about blue-eyed She said 90 per cent of the pre- blonds," he declared. school children of urban Indians are Mayor Latting and several council anemic and Indians are denied med- members indicated they are inter- ical services from the Oklahoma ested in working to improve the lot Health Sciences Center. of Indians, and asked for copies of a "We have such cases as a man "blue book study" which was com- MILWAUKEE SENTINEL who hitchhiked to Lawton with a piled earlier this year to depict the MILWAUKEE, WISC. broken arm and of Indian women situation of city-dwelling Indians. who have babies in their apartments D. 157,705 without help," Mrs. Giago told the council. City Manager Jim Cook specifical- NOV 8 1976 ly denied, point by point, some charges leveled by Robert Gardiner, Grant to Improve who directs an Indian employment program. Gardiner had charged that nothing came of his complaints to School for Tribe Cook and Mayor Patience Latting several months ago. Special to The Sentinel Indian Community School, Cook said he resented the allega- Stone Lake, Wis. - The Milwaukee, Educational tions very deeply, and pointed out as Lac Court Oreilles band of Model, $150,000; 'Oneida a result of meetings with Gardiner Chippewas here will receive Tribe of Wisconsin, Oneida, two Indians had been employed in a $475,000 federal, grant to Oneida Bilingual Program, the human resources department at enable the Indian school to $128,000; Oneida Tribe of the same time 20 other staff mem- offer native language, crafts Wisconsin, Oneida, Early bers were laid off. and folklore courses, along Childhood Program, $57,490; Cook said more than 400 Oklahoma with a more standard school Red Cliff Tribal Council, Bay- City Indians have been "cycled curriculum, officials said field, Tutoring Program, through" the human resources train- Sunday. $65,870; ing and employment programs. That is the largest of eight Goree James, Ward 7 councilman, federal grants totaling $1.1 Superior Indian Organiza- said Indians living in Oklahoma City million to Indian schools, tion, Superior, Early Child- must do some things to help them- tribes and organizations in hood Program, $83,265; Wis- selves. He invited participation in a Wisconsin for special educa- consin Tribal Women, Inc., meeting Wednesday with representa- tional projects and programs, Wabeno, Career Develop- officials said. ment for Tribal Girls, tives of the Health Center, and $90,000; University of Wis- Other grant recipients and consin - Stout, Menomonie, the amounts are: Teacher Training, $125,000. MILWAUKEE JOURNAL MILWAUKEE WISC. D. MILWAUKEE JOURNAL MILWAUKEE, WISC. NOV 9 1976 D. 338,103 SUN. $24,947 Indians to Control NOV 9 1976 Head Start School Ex-Oneida-Chief, Special to The Journal said local Indian children Mole Lake, Wis. - The were excluded even though Head Start School here was the school is on Mole Lake Wheelock, Dies reopened Tuesday morning, Reservation land. and Indian parents who "Indians want self-deter- Services for Morris Whee- Wheelock was a native of closed down the school last mination and that means lock, 76, a former chief of the Morris, Minn., and attended week will take control of the administering our own pro- Oneida Tribe of American Indian schools at Carlisle, Pa., program in January. grams and educating our own Indians and a lialson officer Wahpeton, N.D., and Tomah. That was the agreement children," said Albert Mc- for the Disabled American He served with the US reached here Monday night Geshick, a spokesman for the Veterans (DAV) at the Veter- Army 5th Division in World between the Sokaogon Chip- parents. ans Administration Center The Indian parents will War I and was wounded be- pewa Tribal Council, parents, here will be held at 10 a.m. and officials of the Communi- form a subcommittee of the hind the German lines at ty Action Program in Oconto tribal council and apply to Thursday at the United Meth- Verdun, France. odist Church in Oneida. At the end of the war he who now administer the pro- the federal government for Wheelock died of conges- attended the Conservatory gram. The Indian parents funds to run the school. The tive heart failure Saturday at School of Music in Green Bay blocked access to the school current Head Start program and played clarinet with the last Wednesday because they will continue to be adminis- Green Bay City Band from tered by CAP in Oconto until its funds expire Dec. 20. It 1920 to 1924. will then be moved to anoth- Letters From Adenauer er location in the area, CAP Wheelock later played officials said. "We prefer to with the Green Bay Sympho- have you people control the 'ny Band and Uncle Louie's school. That's the only way Band, which broadcast daily you'll have an Indian Head over WTAG radio station in Start program," said LeMoine Green Bay. In 1956 when MacLaughlin, executive di- Konrad Adenauer, then chan- rector of CAP. cellor of West Germany, MacLaughlin pointed out came to Marquette Universi- that more children in the area ty to receive an honorary would be served by the Head Morris Wheelock degree, Wheelock greeted the Start program with the addi- chancellor and conferred on tional school. Mount Sinal Medical Center. him the title of "Wise Leader He lived at 1831 N. Cam- of Many" on behalf of the Criticism Planned bridge Ave. Consolidated Tribes of Amer- The 10 chairmen of the He was chief of the Onelda ican Indians. Great Lakes Intertribal Con- Tribe when the tribe was They corresponded for ference have scheduled a reorganized under the Wheel- many years before Aden- news conference for 11 a.m. er-Howard Act in the mid- auer's death. Thursday at the Mole Lake 1930s. A federal charter was His wife, Eleanor, died in Community Building to criti- granted to the tribe. He 1971, six months before their cize federal policies toward served as president for seven golden anniversary. Indians. years. He is survived by a son, Charles McGeshick, presi- He later served on the na- William, and a daughter, Mrs. dent of the council and tribal tional council of the Consoli- Ray (Colleen) Flynn, both of chairman at Mole Lake, said dated Tribes of the American Milwaukee. the Indians would complain Indians and as president for The body is at the Schmidt most about the Bureau of In- Its Midwest region. & Bartelt Funeral Home, 5050 dian Affairs. In 1958 the Wisconsin W. Vliet St., and will be at The tribal chiefs are un- DAV appointed Wheelock as the Ryan Funeral Home in De happy that the new area su- a liaison officer. He served 18 Pere after 4 p.m. Wednesday, perintendent selected for the years with the department's Burial will be in Onelda Great Lakes area was not Rehabilitation and Hospital Methodist Cemetery, Onelda. approved by them. Committee here. The Julva Tribure TULSA. OKLA. Dallas Times Herald D. 79,425 U. 221,745 SUN. 303,833 NOV 10 1976 NOV 1 0 1976 Settlement argued Tribal center gets $28,000 Delaware Indians' dispute as health aid heard by Supreme Court The Dallas Inter-Tribal Center Tribune Washington Bureau homa agreed with the Kansas-Dela- has received a $28,000 grant from WASHINGTON - Arguments in a wares, and the case was appealed to the Texas Department of Commu- dispute over the distribution of a $13 the U.S. Supreme Court. nity Affairs for a new project million settlement to the Delaware In- The Cherokee-Delawares were repre- called Parents for Healthy Chil- dians were heard by the U.S. Supreme sented by attorneys Raymond Ran- dren. Court today. dolph of the U.S. Justice Department, The grant, according to assistant The dispute involves money awarded which is party to the suit, and George administrator Flo Kellett, will in- to the Delawares for land acquired by Christensen. The Kansas-Delawares crease the size of the center's treaty from the tribe in the 1800s and were represented by Delmer Stagner. centers around whether those Dela- It is not known when the court will health staff by three, including a wares known as the Kansas-Delawares issue a decision. registered nurse. should share in the settlement. Parents for Healthy Children, The main body of the Delawares, aimed at parents of children up to known as the Cherokee-Delawares, lo- three years old, is "designed for cated mostly in Oklahoma, claims the the urban Indian population of Kansas-Delawares renounced their the Dallas-Fort Worth area to ex- membership in the tribe in 1866 and plore how parents of children can therefore should not receive what has better acquire attitudes, knowl- been estimated at about 5 per cent of edge and skills to promote health the settlement. and prevent injury and illness The Kansas-Delawares, on the other among young children," Mrs. Kel- hand, contend that at the time of the lett said. settlement there was no such thing as Oregon (6) Journal an official Delaware tribe and that de- The funds also will allow the scendants of all those who were PORTI ORE. addition of two outreach workers members of the tribe at the time the D. 106.00 98,972 to work with the estimated 20,000 land was ceded to the United States American indians in the Metro- should share in the settlement. plex area, she said. The Western District Court of Okla- NOV 5 The Dallas Inter-Tribal Center, 1976 located at 336 1/2 W. Jefferson, was established five years ago and includes manpower, alcoholism, Indian Portlander arts and crafts and health pro- grams. Wins Lenin Prize W6297F Dr. Herbert B. Fowler, According to the Sovi- Fowler will make a grandson of America's et government announce- second Indian physician ment, Fowler is being re- speaking tour of scientif- ic societies in Russia in and director of the cognized for his accom- plishments in Michigan May and will be present- Whitecloud Center at the University of Oregon with unique and effective ed May 15 to the Su- Health Sciences Center, methods of administering has won the Lenin Prize a large state hospital; for preme Soviet Presidium laureate in science. his extensive work in in Moscow, where he Fowler is first Ameri- genetic psychiatry; defin- will be awarded the can Indian to receive the itive writings about psy- prize, which consists of prize. The last American chotherapy in the an engraved breast shield to receive a Lenin Prize U.S.S.R. and current and money. The sum var- was Dr. Linus Pauling, work at the Whitecloud ies, but It usually is who received an award Center. $50,000. for peace in 1971. One-quarter Sioux, Fowler is one of only eight native American CONT'd psychiatrists. He was reared in South Dakota's Pine Ridge area and has been a psychiat- ric consultant to the Utah and Wyoming State Hos- pitals, the Peace Corps and several Veterans' Ad- ministration hospitals. He was director of mental health education for the $1.8 million University of Utah's Col- lege of Medicine from for Indian 1962 to 1970 with re- sponsibilities for pro- Ilje Julus Trimme education, set grams in six Western TULSA, OKLA. states. D. 79,425 The state of Oklahoma has received In Portland, Fowler 23 grants totaling $1.8 million from the heads the only center for federal government for Indian Educa- American Indian and tion programs, it was announced today. Alaskan native mental NOV 1 1 1976 The grants, which provide funds to HERBERT FOWLER health research and pro- Indian tribes, institutions and organiza- wins prize tions, are among 219 which were gram development in the awarded by the Department of Health, United States. It is fund- Education and Welfare under the In- ed by the National Tribal dian Education Act of 1972. Chairmen's Association Another 1,000 grants totaling $31.8 with money from the Na- million were given to public elementa- tional Institute of Mental ry and secondary schools earlier this Health. year. Among the awards granted in Okla- homa, was one for $72,957 for the Tulsa Urban Indian Center, one for $51,636 for the Tulsa Indian Youth Center, Inc., and a $319,000 grant to the Tulsa Indian The Culsa Tribure Youth Council, Inc. for a drop-out pre- vention and tutoring center. TULSA, OKLA. D. 79,425 NOV 8 1976 Happy hunting ground Because Cheyenne-Arapaho chiefs more unhappiness among bird hunt- keeping the deer from eating the who signed an 1889 treaty with the ers. crops. U.S. government allegedly didn't What would be needed, of course, know what they were doing a Naturally, in the good old days is a definition of the beneficiaries. lawyer-member of something called Would only Cheyenne-Arapahos those plains Indian men who weren't the Native American Rights Fund have hunting rights, or all Indians making war found hunting a full- is suing in federal court in Okla- even Iroquois and Hopis? time occupation and it is only just homa City to kick white and black Secondly, would a one-thirty-sec- that these jobs be restored. Since, hunters and fishermen out of nine ond Indian have the same angling under present federal guidelines, all western Oklahoma counties. and hunting privileges as a full- old-time hunter-Indians were below The attorney, Yvonne Knight of blood? This might require grad- the poverty level some federal sub- Denver, claims that the signers, who uated bag limits-100 doves a day sidy, in addition to exclusive hunt- unfortunately can't testify, thought for a full-blood but only one dove ing and fishing rights, would have 87 years ago that somehow they a week for the guy whose great- to be established to insure that were retaining full hunting and aunt Minnie thought that somehow current gains are not lost. fishing rights in what are new the the family was related to Posahen- There remains the problem of the counties of Canadian, Kingfisher, tas. fences. When the treaty was mis- Garfield, Blaine, Dewey, Custer, If it is decided that no white or takenly signed there weren't any Roger Mills, Washita and Caddo. black man may discharge hunting fences in the nine counties, but now If the court upholds the claim guns in this large area the over- the free movement of large animals this would cause much unrest among population of animals might become is impeded everywhere and a man white and black fishermen since the a serious problem unless a number with a spear on an Indian pony can area includes nice lakes like the of qualified Indians quit their jobs hardly get up to speed anywhere. Fort Cobb and Foss Reservoirs and and contributed to the public weal How about a government issue of Canton Lake. It would cause even by shooting coyotes and wolves and wire-cutters? MILWAUKEE JOURNAL Tribes Not Satisfied 11-17-76 With US Allocation Special to The Journal budget. The Minneapolis of- here last week to explain the Mole Lake, Wis. - Wis- fice deals with Wisconsin, 1977 allocations. Arbuckle consin Indians face double Michigan, Iowa and Minneso- told the Indians that their jeopardy with regard to ta tribes. funding was on a par with funds from the Bureau of In- The allocation for the Wis- other Indian populations in dian Affairs. consin tribes for the 1977 fis- the country. That's the opinion of repre- cal year is $1.9 million. The Council representatives sentatives of the Great Lakes allocation for this fiscal year pointed out that six Chippe- Intertribal Council who were was $2.7 million, but that wa tribes in Minnesota re- notified last week of their amount covered Wisconsin's ceived almost $1 million 1977 BIA allocations. The Menominee tribe and Michi- more in BIA funds per year council is composed of 10 gan Indians, who are not in- than 10 Wisconsin tribes. Wisconsin tribal chairmen cluded in the 1977 allocation. They said the population of and serves as an advocate for The funds cover education, the two groups was the same. the Wisconsin Indian popula- social services, road mainte- "BIA funding forces Indi- tion. nance, housing, law enforce- ans to fight one another Wisconsin tribes depend on when we want to concen- ment, forestry and other pro- the 'BIA's area office in Min- trate on working together grams. neapolis for funds. Council toward self-determination," representatives said the area Allocations Explained said Pete Christensen, council Indians office was underfinanced and Jerome Arbuckle, program director. that Wisconsin Indians re- officer at the BIA's Great Charles McGeshick of Mole From Page I ceived less than their fair Lakes Agency in Ashland, Lake, chairman of the tribal share of this inadequate met with the tribal chairmen council, said that BIA alloca- 268 Indians living on his Mole tions were based on the num- Lake reservation but that the ber of Indians living on the band received BIA funds reservation while programs based on 155 persons. were expected to serve Indi- "We've been bumping our ans who lived far from tribal heads against this stone wall lands. for years," Christensen said. Figures Questioned Representatives agreed Council representatives that more authority was questioned the accuracy of needed on the local and state the population figures upon levels, and some suggested which their funds were allo- that the area office in Minne- cated. They said that 1970 apolis be abolished. They census figures were used stressed that their criticisms while many Indians had were aimed at the area office moved back to the reserva- and not at the Great Lakes tions from cities since then. Agency in Ashland. McGeshick said there were The Intertribal Council last Turn to Indians, page 4, col. 2 week blocked the BIA's ap- pointment of Raymond May- otte as superintendent of the Great Lakes Agency. Its rep- resentatives will meet with BIA representatives Thurs- day at the Red Cliff reserva- tion regarding the selection of a new superintendent. Indians Vote to Close School an agreement cannot be worked out with educators, the Indians will open their MILWAUKEE SENTINEL Special to The Sentinel If the program directors the entrance to the school own Head Start school. He MILWAUKEE, WISC. Mole Lake, Wis. - Chip- refuse these conditions, the and began demonstrating. said a member of the tribe is D. 137,765 ewa Indians have decided to Chippewas will seek federal getting her degree in educa- close the Head Start school grants to operate their own The demonstrations led to tion and has offered to be- on their reservation until school, Charles P. Mc- the meeting, at which the come the school's teacher in NOV 5 1976 more Indian children are acid Geshick, tribal chairman, Tribal Council supported the January. admitted. The school is administered mothers. McGeshick said it was Meeting late Wednesday by the Northeast Community Administrators of the brought out at the meeting after Indian mothers had bar- Action office in Oconto, but it that the teacher, teacher's ricaded the school, the Tribal is located on the small Mole school from Oconto were at aide, cook, and bus driver for Council agreed that at least Lake Reservation. the meeting, but McGeshick the school are all white. half the school's enrollment said their offer to resolve the The school was closed at should be Indians. dispute was unacceptable and Of the school's 15 children, predawn Wednesday when a rejected by the tribe. he said, only six are Indian. The council also voted to group of Chippewa women ask administrators of the who have been unable to According to McGeshick, if Only three of the Indian pu- pils are Mole Lake Chippe- school to hire Indians for its enroll their children blocked was. The other three are staff. Stone Lake Potawatomi. McGeshick said another meeting will be held here at 7 p.m. Monday in a continued effort to resolve the dispute. Due process was ignored ment in the 1940s with the un- derstanding that a new hospital would be built primarily for the care of Western Washington and Alaskan Indians afflicted with tuberculosis. A hospital complex was built, but had outlived its usefulness - as the government saw it - by 1959, thanks to the decline of TB and the development of oth- er medical facilities in Alaska. The legal questions surround the validity of the federal action in 1961 deeding the property to the state for use as a juvenile center. Indian contentions that the transfer violated an earlier covenant now may be argued further in court. And a promise by state and federal officials to work more diligently toward a long-term goal of returning the property to the tribe was one of the con- ditions that ended the hospital occupation during the past Plainly, the Indians should But due process is a two-way weekend. not have taken matters into their own hands, even though they have fashioned a "victory" street, in which responsible government officials have a duty to help resolve grievances promptly. The lapse in that duty in this instance led to a de- plorable situation in which the final result might have been violence and serious property of sorts. damage. M The Seattle Daily Times 1976 P UYALLUP Indians and tribal supporters who seized 2 a state-operated juvenile center in Tacoma at gunpoint deserved the tongue-lashing they got from a federal judge during the eight-day occupation. There was, said District Judge Morell Sharp, "no ex- cuse" for an action that posed a potential for violence and for harm to 140 children at the Cas- cadia Reception and Diagnostic Center, many of whom are emo- tionally disturbed. "You don't take your neigh- bor's house (at gunpoint) and then tell him to sue you for damages," Judge Sharp said in issuing a court order against the occupation. But if the Indians involved in the episode merited a scolding, there was little to commend in the dilatory posture of federal and state officials, which had contributed to the trouble in the first place. Indian representatives said they had lost patience after five years of trying to get "their" property back through legisla- tive and administrative chan- Indeed, said Judge Sharp, there may well be serious ques- tions about the succession of deals through which the Puyal- lups lost the property, at one time known as the Cushman In- NOV nels. dian Hospital. The tribe had deeded the property to the federal govern- THE NEW YORK TIMES, FRIDAY, NOVEMBER 26, 1976 Huge Zinc Find Troubles Crandon, Wis. By PAUL DELANEY Ignorant of Company's Plans Denver," commented Rolland W. Special to The New York Times The townspeople are concerned Yocum, a real estate man. CRANDON, Wis.-The approach of they lo not know the extent of Exxon's There is also a feeling of pessimism winter in this section of clean water plans, such as how much mineral 4a among the locals. and clear air has brought a dull, mo- in the land, whether there will be open- Mr. Staska said: "Exxon will get what notonous grayness to the countryside, pit mining as well as deep shaft and it wants. Who are we to fight such save for the green of the spruce, fir, whether smelter will be built. Compa- a big company? We only hope we can red pine and aspen nestled among the ny officials, at meetings with state and get help from the state and Federal tall, leafless birch trees, local authorities and in public meetings governments to make certain Exxon The Talk whose white bark form a with citizens, say they do not know doesn't rape the land, destroy our way background for the ever- now how big the find is and what their of life and leave." of greens. The scene is com- plans are. In essence, Crandon does not want Crandon, Wis, plimented by an overcast The impact in these last few months to become a company town, a mining sky as the north woods has startled the residents. Besides ar- town. Residents point to other mining area awaits the icy blasts from Capada guing among themselves, they are towns and former mining towns in that will soon paint the landscape a worried that the changes will mean northern Wisconsin and Minnesota as snowy white. higher taxes to pay for services the examples of what could happen. One But there is something more in the "outsiders" attracted here by the work noted that Hibbing, Minn., was the air this year than the perennial change might need, such as schooling, fire and scene of a big taconite operation that of season. A huge mineral find, perhaps police protection and social services. left a huge open scar in the earth after the largest deposit of zinc on the North A state official sad the company would the town was relocated a short dis- American continent, has invaded the need about 1,600 workers for the min= tance from atop a deposit. Now the peace and quiet the 1,582 residents of ing process, which would generate company is gone. Crandon value as a way of life. It has another 6,000 jobs in allied industries with a potential population of up to Explain Company's Position left them confused and divided over what the ultimate impact of the poten- 30,000. Exxon officials have attempted to as- tial $6 billion-plus discovery means to "People are already drifting into sure citizens that this will not happen a small, relatively unsophisticated com- town looking for work, a lot of lower here. John L. Loftus Jr., a senior vice munity. class people. And there's no work yet," president, and Richard Rohn, an explo- "The attitude is one of cautious op- ration manager based in Denver, have timism," Scott Hendrickson, the Forest said D. McMillion, who owns the Cran- been to meetings to explain the compa- County extension agent said. don Hotel on North Lake Avenue, the ny's position. Mr. Rohn is the official Wondering What to Expect town's main business street. spokesman for Exxon. He attended Moreover, there is a suspicion of The town, which does not have a meetings here last Wednesday and in traffic light or crime problems, is torn Exxon by many residents. Some believe Milwaukee the next day. over what to expect from the find by the company is withholding informa- The controversy has led to the for- tion because of fear of competitors. In the Exxon Company USA, the invest- mation of new organizations. including the minds of some people Exxon offi- the Little Sand Lake Association and ment arm of one of the nation's major oil corporations. cials are city slickers trying to take the Upper Wolf River Water Shed "We haven't had to many changes advantage of country folk. Group. Further, some people feel over- here in the past 40 years, and now "We are not against the mining we don't know what to expect from whelmed by the prospect of a mul- operation, but we don't want to see tinational corporation determining their the next five years," remarked Jane 10,000 people on welfare and high future. Staska, who with her husband, Leon- unemployment when the mine closes," "All of a sudden, everything we do ard, runs the Glen Park Motel, a group commented Mr. Yocum, a former is shaped by outside forces. Our future of vacation cottages on Lake Metonga. schoolteacher. "We want to see this Mr. Hendrickson said: is now in the hands of somebody in thing done right. We want to see it "The people here are a proud, inde- regulated. It could be so good if done right or so rotten if not." pendent and self-reliant sort of breed. They are farmers, loggers and laborers. Mr. Yocum said the small cottages They work long days and their money MICHIGAN on the many lakes in the area are comes hard. owned by small-town shopkeepers as "They could go downstate and have well. as blue-collar workers from Mil- it easier and make more money. But Crandon waukee and middle-class suburbanites from Chicago. they like it here. They have strong family ties and enjoy the outdoors and WISCONSIN Zinc on Lumber Company Land the woods. They like the idea of more money coming in because this is a poor Green Bay Much of the zinc find was on land area, but they ask at what price." owned by the Conners Lumber Compa- Exxon, which announced the discov- ny. Exxon had little trouble obtaining ery last May, has quietly accumulated MINN. leases from Conners and from residents much of the land it believes contains in the area. However. the corporation not only the deposits of zinc but also Madison hit a snag in negotiations with the copper, lead and some silver and gold, Sokaogon Chippewa Indian Tribe in the Milwaukee Mole Lake area. about 5,000 acres so far, and is still negotiating. The company has begun "They offered us $20,000 for leasing IOWA and exploration of our land," said exploration drilling and has a round- the-clock operation six miles south of ILLINOIS Charles P. McGeshick, the 30-year-old Crandon, just beyond Lake Metonga. 0 Miles 100 CONT'd The Last Americans headquarters into consulting also an- By Tom Wicker other Navajo leader, Peter McDonald. The two are tribal rivals, Mr. Arthur heading a public action group against Legend has it that on the first strip-mining, Mr. McDonald having Thanksgiving, when the Pilgrims cele- once favored an El Paso Natural Gas brated the good harvest of 1621, their Company proposal to strip-mine Nav- neighborhood Indians witnessed the ajo coal lands. proceedings and even shared the vic- tuals. If they didn't, they should have, Many younger Indian leaders, those since they had taught the settlers how associated with the American Indian to plant corn. Thanksgiving Day, Movement in particular, fear they may 1976, therefore is a reasonable occa- be regarded as "too militant" by the sion for reminding the well-fed incoming Administration. In the past, majority that the first Americans these leaders believe, they have been have become the last Americans. targets of harassment by the F.B.I., state agencies and U.S. Army Intel- A 1973 report of the Bureau of the ligence. Census showed that the Indian popu- lation of about 800,000 formed the That might make it harder for Mr. poorest of all American minority Carter to consult them now on his groups. About 40 percent of the In- Indian policy, but if he does seek out dians were then below the poverty such men as Dennis Banks, Vern Bela- level compared to an overall propor- court and Hank Armstrong, all associ- tion of 13.7 percent of Americans in ated with A.I.M., he will find them poverty; and times having got worse ready. Among their proposals: since 1973, no doubt the number of 9Abolish the Bureau of Indian Af- Indians in poverty has too. fairs, now in the Interior Department, Indians, therefore, offer a good and replace it with an independent starting point for the activist Admin- Indian agency-as Indian leaders hope, istration President-elect Jimmy Carter has seemed to be promising, and even IN THE NATION militant Indian leaders, long wary of white man's government, seem opti- mistic. about the new Administration. at the Cabinet level. They see the Mr. Carter, for example, is not only B.I.A. as corrupt, out of Indian con- promising to reduce unemployment, trol, knotted in conflicts of interest, which has hit Indians hard, but is and less concerned for Indians than talking of "targeting" his programs for the corporate giants that want to where they're most needed. The reser- exploit Indian lands and resources. vation is one such place. qWhatever the form of the new He has promised Government re- agency, A.I.M. leaders say it should organization, and militant Indians consolidate budget and policy func- THE NEW YORK TIMES, FRIDAY, NOVEMBER 26, 1976 would be happy to see him reorganize tions now scattered through the In- the Bureau of Indian Affairs right out terfor, Labor, Commerce and H.E.W. of, existence. He also pledges zero- Departments, causing inefficency, du- based budgeting, as a means of annual plication, lack of responsibility and program re-evaluation, and some In- dispersal of available funds. dian leaders believe that would dis- qZero-based budgeting, as well as close outrageous administrative retroactive audits of Indian funds for "costs" in Indian programs. Finally, the last five years, should be under- Vice President-elect Walter Mondale taken to eliminate swollen administre- is favorably regarded among Indians tive costs and inequitable programs. for his previous support of some of their causes. JOne of Mr. Carter's promised un- employment programs should be On the other hand, the Carter new- "targeted" on jobless Indians. Their comers to Washington might all too unemployment rate ranges from 20 to easily be captured by the established 75 percent on the various reservations, Indian affairs bureaucracy, and by an according to Hank Adams; for urban older Indian leadership that has-in Indians the figure is above 40 percent. the words of Susanne Harjo of the Sixty percent of Navajos, for one grim National Congress of American In- example, are said to be unemployed- dians-"stifled Indian progress for the while the U. S. Civil Rights Commis- last decade." sion reports that only 20 percent of Just last week, for example, Joseph those working on the development of Browder, a conservationist quit the Navajo mineral resources are Navajos. Carter transition team, charging politi- Indian leaders have numerous other cal interference with his efforts. For ideas, ranging from the control and one thing, Mr. Browder said that when development of Indian resources to he put forward Harris Arthur, a young the honoring of 371 treaties now in Navajo, as an "objective" Indian existence. But their first problem is spokesman, "lobbyists" talked Carter the Indians' oldest-to be heard. chairman of the tribal council. "We told them we wanted $20,000 the first year, $30,000 the second, $4 million advance royalties in the third year and $2 million a year after that." The Deover Post "They want to lease our entire land, DENVER, COLO. including our burial ground that dates back to the early 1600's. We told them D. 241,803 SUN. 325,24! they could, but 12 feet below the sur- face. We've sat down with them three times and I've talked to them on the NOV 7 1976 telephone several times, but we're no- where near an agreement." Mr. McGeshick said he was concerned about what would happen to the clean Havasupais' Hideaway Loses waters of Rice Lake and other streams of pure, clear drinkable water that is important in the production of the By NEIL MORGAN tribe's major crop, rice. Remoteness Copley News Service Mr. Yocum said the townspeople had already been besieged by speculators, remote southwest corner of and he expected things would get Grand Canyon National Park. worse. He said that as a real estate Down through the deep agent he could make a lot of money brown-red walls flows an as- from quick deals, but he refuses to do 1 SUPAI, Ariz.-The Havasu- tonishing stream, Havasu so. Besides men coming in looking for pai Indians, who have lived in Creek, which is the heart of jobs, some people are concerned about sylvan isolation deep in the the existence of the tribe. another class that often shows up in Grand Canyon for at least boom towns. 1,000 years, have been discov- IT FLOWS above ground "You might not believe this, but I ered and they're not sure only about 10 miles on its swear I saw a madam and two prosti- they like it. tutes looking the town over the other way to the river, where its day." one resident said. Helicopters swoop down blue-green waters, heavy with with visitors and a few Colo- carbonates, are lost in the rado River runners slosh 13 muddy brown of the Colorado. miles up Havasu Creek Can- But those 10 miles are stud- yon, one of the most pictur- ded with beautiful falls- esque walks in the world, to Navajo, Havasu and Moon- reach the Indian village of ey-and with natural traver- tine dams and bathing pools Supai, where fewer than 200 which offer miniature slides now live. and Jacuzzis in endless vari- The Havasupais contend ety and in a stunning setting. with this traffic by levying a Each of the three waterfalls $5 visitor's fee for those who is more than 75 feet high; the wish to walk across their lesser rapids and falls of the land. It is not all that dif- creek are the ones that at- ferent from the big cities' tract swimmers and divers. room tax. Until recently the U.S. mail THE FIRST white man arrived at Supai twice a known to visit Supai was The week, by pack train. The tele- Rev. Francisco Garces, a phone line runs 14 miles to Spanish missionary, in 1776. A Topocoba Hilltop and then small reservations for the In- another 35 miles to Grand dians was established in 1880; a strip of canyon bottom land Canyon Villege, where it of only 519 acres in size. hooks into the international For many years the Hava- supais have grown corn, Bell System. beans, squash and fruit. They have small herds of cattle to IF YOU WANT to visit here supply their meat. SERVID in the most conventional way, They long have been 30 and the cheapest, you leave devoted as farmers that they Route 66 near Peach Springs left steady employment of- and travel 63 miles northeast fered at Grand Canyon when over a dirt road, then follow spring planting time comes a rugged trail eight miles around. down to Supai, where the In- dians have chosen to remain That has changed some- what as welfare benefits have for generations. Their main livelihood begun to reach into Havasu- comes now from tourist par- pai country. Their gardens ties which the Indians lead on are no longer SO extensive. pack trains down the steep canyon trail to their home- land. Havasu Canyon, which Cont'd leads from Supai down to the Colorado River, is in the THE SMALL buildings which dot the village are of stone and frame, some with corrugated tin roofs. like the Quonset-hut chapel. The fields MINITAPOLIS, are tree-lined, and the mood MINN. of pastoral isolation bears out the feel of a land and people set apart from the rest of the world by time and tradition. To some, an era ended in NOV 41976 1963 when four military heli- copters dropped a dismantled bulldozer into Supai for use in controlling the channel of Indian studies department called Havasu Creek. Now tourists arrive that way. By DAVE GEISLER overburdened, underbudgeted The University has one of the few to the high dropout rate, poor 'Ugh' means or if I rode a horse to American Indian studies (AIS) recruiting and a lack of qualified get to the school," Goodsky said. departments in the country, but ac- faculty and source materials and has "A lot of them think that Indians cording to director Russell Thorton, fostered the decline. get checks from the federal govern- it is overburdened and under- The University has a part-time ment just for being Indians. They're budgetd. Native American recruiter, but the just small questions, but they rip me "San Diego State is the only other position remained vacant most of up inside." university I know of that has a com- last year. "I guess the University Goodsky has worked in the plete Indian studies department," didn't think we were important enough to fill the position faster Native American community for Thorton said. "Because we have a department here, University of- than it did," Thorton said. He add- many years and claims that he, not ficials expect it to meet all of the ed the University has also failed to Dennis Banks or Clyde Bellecourt, recruit Native American students to founded the American Indian University's obligations to Indian students." enter other fields of study. Movement (AIM). "I was working Even when students enter AIS, to develop the concept of AIM Consequently, AIS also must pro- their needs are not always met. when Clyde was working in a boiler vide recruiting and counseling of "When we teach a course, we usual- room and Dennis was pumping Native American students even ly have to develop the texts gas." though most of its $150,000 budget ourselves," Thorton said. "It's is channeled toward instruction. often hard to find faculty who can He drifted away from AIM AIS was started in 1969 as a reac- do this because of the lack of Indian because he said it "oversensa- tion to protests that alleged the studies programs." tionalized" issues, although he feels University was neglecting the needs Despite the problems AIS has fac- it has served as an important voice of minority students, particularly ed, Thorton is encouraged by its Native Americans. progress and has plans to expand in- for Native Americans. The department's goal is to pro- to graduate programs and research. vide a place where Native American "We have been able to teach the Goodsky eventually wants to become a Native American recruiter students can feel comfortable in the students about their cultural for the University. "I want to show unfamiliar environment of the heritage and the problems they people that Indians are interested in University and to help them gain an face," he said. getting an education and have a lot awareness of their cultural heritage. Another successful facet of AIS is of offer." "We try to help the students adjust its community resource program, to the University atmosphere while which uses Native American helping them retain their 'Indian- University students to teach ness," Thorton said. "For many students in elementary and secon- students it's like having a foot in dary schools learn about their two different cultures." cultures. Many students find themselves "A lot of people think that all In- unable to cope with the conflict as dians are the same," Goodsky said. the 60 percent dropout rate in- "They don't realize there are over dicates. "It's scary as hell," said 300 different tribes with just as Harold Goodsky, a student many different languages and employed by AIS as a community cultures." Goodsky, a Chippewa, is resurce worker. "We have to play active in the program (which roles, and if we go back to the reser- operates primarily in the Min- vation we're perceived as totally dif- neapolis Public Schools) along with ferent persons by our own people." Sioux and Winnebago co-workers. There were 400 Native American Goodsky says he has to correct students at the University last year. many misconceptions about Native Now there are only 238. In addition Americans as they are portrayed by television and movies. "Students will often ask me what the word The Seattle Daily Times D. 218,845 SUN. 300,628 NOV 3 1976 Times readers have their say: The fishing dispute-the Boldt decision and beyond Instead of seeking advice from Editor, The Times: Wayn treaty in question, "the Indians EGARDING Judge Boldt's in- shall have all fishing rights that all fishermen and utilizing some of R the citizens have, and no Indian or their practical experience, the Fish- terpretation of the 1855 Point non-Indian shall have any superior eries Department has ignored them. Elliott Indian treaty: Instead of trying to solicit cooper- The gillnetter has been discour- right." The intention of the treaties was ation and understanding from the aged, frustrated and ignored, and "that Indians were not to be barred fishermen, the department has ma- now some of these frustrations have nipulated and controlled them. come to the fore in their recent con- There is no empathy, no "gut frontations with fisheries-patrol of- from an opportunity to fish any feeling" for the needs of the fisher- ficers. more than the settlers were denied men, no attempt to work together. Although we do not, personally, the right to do so." The fishermen no longer trust the agree with using violence or mob Indians and non-Indians were to Department of Fisheries, because methods in this or any other disa- share, in common, fishing rights all too often the director has prom- greement, we can, at the same time, and privileges. Nothing was said about giving any percentage or por- ised them one thing and then turned understand why some of the fisher- tion of the fish runs to either Indi- around and done just the opposite. men have gone to such lengths. ans or non-Indians. A real credibility gap exists The governor, making his first di- It seems that the governor and certainly not fertile ground for rect response to the fishermen since the State Department of Fisheries cooperation. the Boldt decision, publicly repri- MRS. and MRS. have segregated out the gillnet fleet manded them, calling their actions to take the brunt of Boldt's deci- CARL TORMALA, criminal. sion. Nearly all regulations result- Sequim. Yet the truth is that for more than two years now, the governor ing from it have been directed to the gillnetter I am writing in response to Oscar and his director of fisheries have Hearde's letter (Times readers used unjust and illegal means to im- Gillnet fishermen who have plement a ruling which is in itself worked hard over the years learn- have their say, October 18). He said that the Indian treaties were never discriminatory and, therefore, most ing how to fish given areas, keeping likely unconstitutional. records of fish runs and environ- to be changed, modified, repealed By bestowing special fishing priv- mental factors, have been forced or forgotten. Yet, in effect, Judge Boldt has rewritten the treaty. ileges and rights on a racial minori- out of these same areas and permit- ty, Judge Boldt is denying the very ted to fish only in what are called There is no way that we can ac- essence of the Constitution that he "terminal" and "subterminal" cept the Boldt decision giving three- areas where they are not familiar, fourths of 1 per cent of the popula- swore to uphold. where the quality of fish IS greatly tion more than 50 per cent of the Thousands of citizens of Washing- depreciated, where so many boats salmon. To give some Americans a ton State are being denied their right to make a living because of are crowded into such small areas special status because of their an- the ideological dream of one man, that it is impossible to fish effec- cestry is repudiating the concept of equal rights and opportunities for who seems to be answerable to no tively all Americans. one and who holds a position that The gillnetters' incentive, motiva- It is to our shame that some did seems to be out of the reach of tion and freedom have been so sev- not have equal rights, and we had nearly everyone. erely trampled on that there is little to have the Civil Rights Act to es- A ray of hope is that the judicial wonder tempers have flared. tablish equal rights to all. We have community of Washington State Men are in jeopardy of losing come a long way toward equal does not agree with Judge Boldt. In their businesses and the only means April of this year, State Supreme of making a living that many of rights for all. Boldt has taken from one citizen Court Justice Hugh Rosellini went them have ever known. It is not fair to give special rights to another into detail explaining that accord- to ask one small group of citizens to citizen, because that citizen hap- ing to Indian treaties, including the pay a debt of guilt for the whole na- pened to be born with the right tion ancestry - DON SJOGREN, Mount Vernon Cont'd I am a gillnetter and have fished Puget Sound and Southeast Alaska for the past 19 years and would like to comment on the present fisheries anarchy. Three years ago, Judge Boldt ruled that the Indians are entitled to one half the fall salmon catch, but nobody but the Indians took his decision seriously. Judge Boldt cer- tainly didn't, because he assumed control of this fishery and the first fall he went to Africa on a safari. The state didn't take this serious- ly because, in my opinion, it as- sumed that this decision would be overturned on a s-rights argu- ment and proceeded to issue regula- I question the statement of your dams, stream pollution, clear-cut tions and fishing periods that were editorial (The Times, October 17) logging, and poor fish management, capricious and unenforceable which gives Judge Boldt's decision it's a terrible blow to see all Use The fishermen didn't take it seri- the official stamp of being a good work wiped out by one judge. ously either and were relying on "morally correct decision." While it's certainly true that the public opinion and the courts to re- I suspect this conclusion is based Indians need help, this help should verse this decision, and entered into on an ever-present guilt complex come from all segments of society protest fishing. The state had no en- carried by our society toward the and not by the rape of a fragile fish- forcement and no laws to imple- victims. of our continental expan- ery. ment its regulations and were pow- sion. The creation of a new brand of erless to stop this activity. This is not to say such guilt is robber baron helps no one. Once the As in any segment of society, unfounded. salmon, steelhead and trout are there are a certain amount of greedy, avaricious and just plain However, neither is it "morally gone, everyone will be the poorer outlaws in the gillnet fleet. These correct" to purge a society's con- for it. people quickly moved into this pow- science by attempting to right past - THOMAS NELSON, er yaccum and have been fishing il- wrongs through legal decisions in- 8228 S. 123rd St. legally for three years (seasons) fluenced more by prevailing social with great success doctrine than legal fact The following is a quote taken As for a solution, I have none, but Is it "morally correct" to read from the speech given to Congress there are several points I would like into a 100-year-old treaty something in 1879 by Chief Joseph of the Nez to make. that isn't there so that our society Perce Indian Tribe: Judge Boldt should disassociate can be delivered from guilt generat- "Treat all men alike. Give them himself from the day-to-day rulings ed by past inequity endured by the all the same law. Give them all an on this question. Indian people? even chance to live and grow The state should make no regula- Is it "morally correct" that one you might as well expect the rivers tions that it is not prepared to en- segment of our society (the fishing to run backward as that any man force vigorously. I can't see why industry) should bear the burden of who has been born free should be net fishermen were required to suf- restitution which should be shared denied liberty." fer through a near-total closure for equally by all Americans? We, as citizens of this state, can- three years when the commercial I think not, and therefore cannot not go back. 100 years and make it trollers' and sportsmen's catch has agree that the Boldt decision is a "right" with the Indians. Nor now, not been curtailed at all. morally correct decision. can we make it "right" for the Indi- - R.C., Seattle - ERICK HAAKENSON, ans by doing wrong to the non-Indi- Edmonds an fishermen by denying them the Oscar Hearde is advocating back- right to their livelihood. ward methods when he praises the Many of the letters on Indian fish- The answer to this continuing Boldt decision. Two wrongs in our ing confuse minority rights and the fishing dispute lies in a reorganiza- history don't make one right. ill treatment of Indians with the tion of our State Department of Heretofore, the ethnic whites got Boldt judgment. There is little Fisheries, so that the main empha- three fourths of the economic pie. doubt that the Indians have been ill- sis is on enhancement and protec- Now it's the Indians who get to hog treated. The Medicine Creek Treaty tion of the "swimmer." down the big piece. was fraudulent to begin with, as For the salmon is one of this Yet the spirit of Uncle Sam is to were most treaties forced upon the state's most valued natural re- reward individual effort and merit Indians. sources, and he will survive only if regardless of origin. The Indians But opposition to the Boldt judg- we the citizens, non-Indian fisher- should be paid for their treaty ment has nothing to do with civil men and treaty fishermen, unite, rights and then all of us should rights or just retribution for Indi- stand on our own two feet as indi- cooperate and work together. ans, but the saving of an already vidual Americans. endangered natural resource. - HEIDI GOODRICH, - G.L.H., Seattle After sportsmen have fought Port Townsend The Miccosukees' Troubled Promise Miami Herold 11/14/76 By ROBERT LISS Herald Staff Writer half the total - joined the tribe. The rest re- mained unorganized until 1961, when Tiger or- It is through a legend not through legali- ganized the group living along the Tamiami ties - that Florida's Miccosukee Indians under- Trail. Others then left the Seminole organization stand a legal assault by the state on land rights to join Tiger's band. granted the tribe in 1960. The Creek-dominated Seminole tribe, far "In the beginning God gave us a book." Chief more assimilated than the Miccosukees, never at- Buffalo Tiger told an interviewer during a recent tempted to exploit the Miccosukee tract, even hearing on the issue. But we didn't do so well though the state, in its usual style, lumped to- with the book. So he gave us a bow and arrow gether both groups when granting the 1960 li- and buckskin and told us to go out and live in cense. The Seminoles, then at least, knew the nature. distinction. "Then he gave you the book. Because you The Miccosukees have generally received far have the book you can make guns and bombs less in the way of federal assistance than the and you can dominate, and you think Indians are Seminoles and have sought economic indepen- stu bid because we can't read or write." dence. They have been innovative educationally, If the usually polite chief sounded bitter, he taking over their elementary school from the BIA had reason. In 1960, the state had given the Mic- in 1971. and developing a written Miccosukee cosakees and Seminoles a license to hunt. fish, language. hold religious ceremonies and operate commer- cial enterprises without competition on a AND WHEN the Seminoles voted to accept a 143.000-acre Everglades tract bordering the Ta- $.6 milion federal tlement for the Indians miami Trail. When the Miccosukees organized in loss of most of Florida. Tiger said this: 1961. they began making commercial use of that "We Miccosukees will never accept a cash tract. where they have taken advantage of the settlement in exchange for land. The white man state license ever since. does not understand the Indian feeling about land. The land was not to be bought or sold for IN 1975 the state suddenly turned around and money. The land does not belong to men," declared that the license was based on "uncertain The 143.000 acres on which the Miccosukees legal foundations," bringing the tribe back to the dwell border and stretch north of the Tamiami hargaining table as supplicants. In the complex Trail. starting about 12 miles west of Route 27. and lengthy baragining that followed, and still Along the trail itself. the Miccosukees, sometimes continues, new conditions have arisen at several called the "Trail Indians," have their recreational turns - conditions that threaten the tribe's deli- enterprises - craft shops, alligator shows, Indi- cate economy. an villages and so on The northward portion is Buffalo Tiger, a slim man who appears at and always has been Miccosukee land used for such hearings wearing a cream-colored, buckskin hunting. frogging. fishing and holding secret reli- jacket and a string tie, conveys an air of dignity gipus ceremonies, such as the Green Corn Dance. surviving attack. He and his 450-member tribe are proud of their philosophy - far more separa- THE TRIBE also has a state reservation tist than the Seminoles from white culture - 76,000 acres straddling Alligator Alley, but it is and their ties to the land they inhabit. essentially worthless for commercial purposes. Miccosukee-speaking Indians and Creek- Those who live on that remote tract drained by speaking Indians have long been lumped together Flood Control District canals are mostly mem- by whites under the heading Seminoles. But bers of the Seminole tribe, and they are the least though the state and federal governments have successful. economically and educationally. of all long encouraged the two groups toward unity, Florida Indians. So the 143,000 acres is all the and frequently dealt with them together, they useful land the Miccosukees have. It is their are quite different and often must communicate country. and for them. the renegotiations have through a translator. been tense and pressured. The origins of the negotiations are complex BOTH GROUPS have been allies in Florida and obscure. More clear is the probable, unfortu- since pre-colonial times. The Creeks held the nate outcome of the bargaining. in which the north and central parts of the state, having come state has held all the cards during one and a half down from other parts of the South, while the years of dealings. Miccosukees, of unknown origin, inhabited the With the bickering among the various inter- south of Florida, including the 143,000-acre tract ests in the dispute the Game and Fresh Water now under dispute. Fish Commission, the Miccosukees, the Semi- When the Seminole tribe incorporated in 1957, the northernmost Miccosukees - about Cont'd noles. the Central and South- WHEN HE heard of the ERPB UNDER AN informal arrange- ern Florida Flood Control District plan, Tiger protested to the gover- ment, the Seminoles had always re- and white hunters' groups - near- nor. Gov. Reuben Askew subse- frained from setting up any activi- quently requested an opinion from ty that would compete with the ing a close. it appears that the Mic- the attorney general as to the Miccousukees on their land, even cosukees will have. for the first time. outside competition from the meaning of the 1960 Miccosukee li- though, under the 1960 license, the Seminoles had the right to do so. Seminoles against their Trail enter- cense. In March 1975, a cautiously- The Seminoles have three federal prises, and that the tribe will lose worded, 21-page reply came to the reservations, and commercial craft the exclusivity of hunting and fish- ing rights on their state reservation governor from Robert Shevin's of- outlets both on Route 441 in Holly- to the north of the Trail. fice. Shevin said that in 1960 "it is wood and at the Miami Interna- abundantly apparent that the Gov- tional Airport, so they left the Trail land to the Miccosukees. ernor and the Cabinet believed IN EXCHANGE for these losses, they had taken a final action to But the reopening of the license the tribe is receiving what is billed commit certain lands for the use of issue disturbed that informal bal- as definite assurance that this ance. the Indians." He also noted that agreement will be much more legal "there is more evidence that a li- State officials declared that the than the 1960 license. In addition, cense was created than evidence agreement would have to be signed the "rights" will be extended to in- that no license was created," and by both the Miccosukee and Semi- clude a large. adjacent tract 111 the that "although the legal obligation nole tribes, even though the Semi- muddle of the swamp, where Indi- is indistinct, the moral promise is noles have had nothing to do with ans have anyway been busily hunt- clear." the land through the history of the ing, fishing and frogging for sever- two tribes. al hundred years. But in order to protect the 1960 The present leaders of the Semi- agreement from further attack, nole tribe are very different from The agreement provides that: Shevin recommended that it be re- those of 1960 and earlier. They are The Indians will have rights opened and better legalized, incor- younger, considerably more mater- to hunt, fish. frog and close off porating the same terms as before. ialistic, and less apt to give up any certain areas for religious ceremo- The new negotiations have not economic benefits that can be gath- nies, with no license or fees re- been controlled by that "moral ered from the situation. Seminole quired. promise.' Chief Howard Tommie let the ne- The first unpleasant surprise for gotiations run for some time, and The Indians. but not the Mic- the tribe was the entrance of the then decided that his tribe had cosukees exclusively. will have ex- white hunters. The Game and much to gain by becoming in- clusive rights to run tourist enter- Fresh Water Fish Commission, hav- volved. prises and charge fees, and the ing long worked with the hunters, state will not erect any revenue wanted to do well by them. In the AT A February 1975 hearing, producing facility within or adja- words of Gene Wallace, the com- after saying nothing for nearly a cent to the area without Indian ap- mission's deputy director, "the year, Tommie surprised all parties proval. public had to be satisfied too." by announcing that he would not sign. The public will have the right of access to the area for hunt- THE HUNTERS had a legitimate "This is not good enough for the interest. The 1960 agreement had Seminole Tribe ing, fishing or frogging. there is going not excluded them from the to be revenue from that land, from The commission will be the 143,000-acre, Tamiami Trail land, recreational things, and we feel the enforcing agent regarding fees, li- and they wanted to be sure the Seminoles should get some of it," censes and other game and fish new agreement would be the same. said Tommie. laws and regulations. They went beyond that, however, In March the Seminoles proposed when they pushed for hunting a geographic division of the area "We don't understand all this. rights on the state reservation - - one which would allow them to We thought we already had these the unrelated, 76,000-acre tract in open activities several miles closer rights," commented Buffalo Tiger. the north. Nevertheless, the hunt- to Miami than the Miccosukee op- "The state cabinet gave us these ers got the right under the new erations. Tribal officials confirmed rights, and now another body says agreement to enter that reserva- that plans are being made for a Ta- they didn't have the authority to do tion, despite there being no logical miami Trail crafts shop. that. We want to be sure that after reason why that land should have we negotiate this there won't be even been considered in the negoti- Such a move would deeply hurt another body saying this body ations. the Miccosukee economy. Seminole didn't have the authority." "We didn't want to take any- resources are far greater, their lo- thing away from the Indians," said cation would be better, and tourists State officials queried said they Gil Cowherd, president of a coali- would most likely choose the more didn't recall the reason for the tion of seven sporting groups. famous Seminole name when stop- present negotiations. One said he "They don't use that reservation ping to buy, thought the Indians initiated the land for much anyway, and we "THOSE THINGS (the recre- matter. But records show the tur- would pay them a penny an acre ational enterprises) are the only moil began in 1973-74 when the for hunting there." source of revenue we have out Everglades Recreational Planning The penny an acre would pro- there," said Tiger. "Any competi- Board a temporary body under vide about $1.70 for each Micco- tion from the Seminoles would the Game and Fresh Water Fish sukee to enjoy every year. But res- hurt the tribe I hope they don't Commission - included three, ervation land is supposed to be sac- want to step on our toes." large-scale recreational facilities in rosanct. Forcing the tribe to give Negotiations over the land are at a five-year plan for the Miccosukee up exclusivity under the pressure basically the same stage they have tract. The facilities appeared to be of difficult negotiations was an af- been stuck in for months with the in violation of the 1960 license, front to their dignity and rights. Seminoles and Miccosukees still which forbad non-Indian commer- Far worse than the intrusion of unable to iron out their differences cial facilities. the white hunters however, was and the state refusing to sign any the later entry of the Seminole agreement that does not meet the tribe approval of both tribes. CONT'd And in recent weeks, the FCD has attempted to insert a provision into the agreement requiring the Seminoles and Miccosukees to waive all claims for damages that might have been inflicted by FCD easements over Indian property. If included the provision is likely to further stall or completely de- stroy the negotiations to date, ac- cording to Bobo Dean, the Micco- sukee attorney in Washington. The eration they would give to treaties with foreign Seminoles have long eyed the pos- sibility of sueing the state for what nations. And Indians are also claiming vast acre- they consider extensive damages- ages of land and waters in many states where due them over the easements. Dean treaties never existed, or where reservations or said he is now reviewing all FCD treaties have been terminated. Indian lawsuits in easements to see what such a pro- Maine claim ownership of $25 billion in proper- vision would cost the Miccosukees. ty. Two tribes assert ownership of two-thirds of The whole episode rankles. At the state. Cities, school districts and other gov- one of the public hearings several ernments have been stopped from issuing bonds, groups of young Floridians spoke pending resolution of lawsuits. III behalf of the Miccosukees, de- Two resolutions introduced late in the last many mg that they be protected. session of Congress recognize the problem with- One young housewife, baby in her out dealing with it. arms, took the Hoor to say: Rep. Lloyd Meeds of Washington introduced "WHEN I teach Florida history House Joint Resolution 1109. It would establish a to my children, I'm ashamed of the commission to study off-reservation rights of part that deals with the Indians." Indians. A resolution with more teeth, H. J. Res. It appears she will soon have 1116, by Rep. John Dingell of Michigan, would something new about which to be provide: ashamed. "That in accordance with and in furtherance of the purposes of any treaty with American Indians that secures to them a right to hunt and fish at off-reservation locations, in common with other citizens, any state may enact and enforce Indian rights mess laws of a purely regulatory nature concerning the time and manner of hunting and fishing outside an Indian reservation that are for the Refusal of the U.S. Supreme Court to consid- purpose of conservation, and that are equally er the case of a Seattle commercial fisherman applicable to Indians and all other citizens with- who charges discrimination because of fishing out distinction. Any state legislation enacted rights awarded Indians by federal District Judge pursuant to this joint resolution is hereby de- George Boldt points again to the need for Con- clared to be in furtherance of and not in deroga- gress to act in a broad way on Indian rights in tion of the treaties involved." general. The Dingell resolution is a starting point for Judge Boldt's landmark decision denied the the next Congress. But, obviously, it does not authority of the State of Washington to regulate cover the broad claims being made by and for and manage salmon and steelhead runs, except Indians not of treaty or reservation status. The to prevent their extinction, on which treaty Indi- subject is much broader than fish and game, ans in Western Washington were given (by although these resources are of primary impor- Judge Boldt) the right to catch 50 per cent of the fish destined to pass "usual and accustomed" tance and must be conserved. The 95th Congress (historic) Indian fishing places and stations. U.S. has a job to do. It is the voice of final authority in the amendment of treaties and preservation of District Judge Robert Belioni, Portland, has ap- the nation's resources. plied approximately the same ruling on Colum- bia River salmon and steeihead runs. Washington and Oregon state fish and game agencies have been required by these decisions, which have been upheld by the Ninth Circuit Court of Appeals, to drastically curtail non-Indi- an fishing to make sure the courts' allocation of 50 per cent of the runs, including hatchery fish, The Oregonian, One. Portland are available for the Indian commercial, subsist- ence and ceremonial fisheries. Among the results have been illegal fishing, ramming of boats. gunfire in Puget Sound, with one non-Indian fisherman shot in the head. and a Nov. 7, 1976 general tension which portends more violence. The inability of the states to manage the fishery has caused a wastage in the resource and a threat to perpetuation of the runs. The courts are interpreting 19th Century treaties with Indian tribes with the same consid- MILWAUKEE JOURNAL MILWAUKEE. WISC D. 338 103 SHM The Denver Post DENVER. COLO. NOV 5 1976 D. 80' SUN. 76, Warrior NOV 1 3 1976 Indicted by Denver AIM Chapter MILWAUKEE JOURNAL Elects New Officers Grand Jury MILWAUKEE, WISC. D. 338,103 SUN. 524,947 The Denver chapter of the American Neil Hawpetoss, 30, a Indian Movement (AIM) elected new spokesman for the Menomi- officers Thursday night at a reorganiza- nee Warrior Society, was in- dicted by a federal grand jury NOV 12 1976 tion meeting. Richard Peters retained chairmanship in Milwaukee Thursday on of the local AIM group, Frank Black Elk two counts of harboring and was named director of information and concealing a fugitive. communications, Vera Mitchell and Hawpetoss, of Keshena Rhoda King were chosen cosecretaries, Falls on the Menominee Res- Grace Black Elk became treasurer, and ervation, is accused of fleeing from Menominee County Theda Pokrywka was designated state authorities Aug. 18 in a car coordinator. with Daniel A. Webster, who The next AIM meeting will be 6:30 was sought for allegedly des- p.m. Thursday at the Denver Indian erting from the military. Center, E. 16th Ave. and Gaylord Sts. A He also is accused of deny- potluck dinner also will be held that ing to a Bureau of Indian Af- evening. fairs agent Oct. 15 that a man traveling with him was El- mer Kakwitch, 21, Neopit, Chevalier home in Neopit. weapons during a raid on the 16 rifles, shotguns and other The agents had carried M- the FBI agents. that they forcibly assaulted 25, all innocent of charges Donald, 21, and John Coon, Chevalier, 27, his brother Milwaukee found Melvin A Federal Court jury in Reservation. this year on the Menominee that raided their home earlier special weapons assault team armed members of an FBI cent of charges of assaulting Thursday, were found inno- Three Menominee Indians of The Journal Staff Sim Martino who was being sought by the FBI for allegedly helping a prisoner escape from the Menominee County Jail in Keshena Sept. 22. Kakwitch subsequently was arrested and charged in the jail escape. Hawpetoss, a spokesman over of the Alexian Brothers charges related to trial in Dodge County on had failed to appear for his Chevalier, 25, who earlier the home April 5 to serve an was a fugitive. last year for the Menominee Warrior Society during its 34 day takeover of the Alexian Brothers novitlate near Gres- way into her home looking been charged with assaulting Melvin and Donald Chevalier. week's acquittal of Jeanette defendants followed last The Indians were unarmed. FBI into their home had wanted to see a search Chevalier home. arrest warrant on Robert. scuffling in front of the The agents converged on for another of her sons who when the agents forced their an FBI agent with a shotgun Mrs. Chevalier also had Chevalier, the mother of ham, was released after ques- The acquittal of the three tioning by the FBI Sept. 24 when a Bowler man was found dead of bullet wounds in Hawpetoss' Keshena Falls home. The dead man was CHICAGO, ILL. Lyle Welch, 24. No arrests BOOSTER have been made in the slay- MAIL EDITION ing. the take- warrant before allowing the impact part The Menominees said they which involved pushing and mony about the incident, agents gave conflicting testi- this week, Hogan and other During the five day trial FBI in Wisconsin. WEEKLY OCT 27 1976 Gerard Hogan, head of the eral FBI agents, including J. with the performance of sev- timidating and interfering and Coon with impeding, in- ment charged the Chevaliers The State Justice Depart- Reservation in 1975. novitiate near the Menominee Barney Dixon of Loeber Motors on North Clark street has to be a shoo-in for his firm's sales award of the year. He sold a $90,000 Camarague last week. The buyer would rather not be identified. The first American Indian advertising agency, Black Elk Inc., has just opened for business. The agen- cy will help promote next month's Indian Pow Wow at agent's M-16 rifle: mouth. Menominees Acquitted in Assault Case the Chicago avenue armory. Bennet Wintraub of Variety Auto Supply recently became a grandfather for the second time. His first grandchild was a girl, Shana. This time it's a boy, to break of the other agent with enough accused of bumping into an- His brother, Donald, was striking an FBI agent in the ciéty, had been accused of the Menominee Warriors So: takeover of the novitiate by the leaders of the 34 day Melvin Chevalier, one of twere at his side. hand on Coon. Coon's hands reaching out and placing a the scene showed the agent tigues. A photegraph taken at dressed in Army combat ta- gan and another agent Coon denied pushing Ho- Noah. LA INDIAN NEWS CLIPS OFFICE OF INFORMATION 202-343-7445 VOL. 6 No. 49 December 4, 1976 NOV 2 0 1976 Phoenix Gazette Lad Saves 20 On Bus PARKER (AP) - Twenty youngsters were saved from possible injury or death when Galen Howard, a quick-witted 6- year-old Mohave Indian boy, took com- mand of a driverless school bus, offi- cials said. Jack Bathe, 51, was driving the sw- dents 10 their homes on the Colorado River Reservation on the heavily traveled road late Wednesday. BATHE SLOWED to turn on a side road about six miles south of here, but did not shift down or make the turn. Officials said he apparently suffered a seizure of still undetermined origin and slumped in the seat with his foot off the accelerator. The bus continued about a half-mile down the road and headed for the shoulder, which is bordered by a concrete-lined irrigation ditch. While others screamed, Galen jumped into Bathe's lap, grabbed the wheel and turned the bus back across the road into GALEN HOWARD a flooded lettuce field. The bus was stopped by the mud. Without the power steering on the bus, There were no injuries. Galen would not have been able to guide ANTHONY Querice of the Colorado the 79-passenger-capacity bus. officials FORD i LIBRARY GERMAD Indian tribal police said he was driving said. behind the bus and went to the aid of Hospital officials said yesterday Bathe the children. was listed in fair and stable condition. Galen said he was not scared "until They declined to specify for what he the bus stopped." was being treated. UNITED STATES DEPARTMENT DE THE OF INDIAN AFFAIRS 1551 Constitution Avidue N.W. Winhington. D.C. 20245 GALLUP INDEPENDENT NOV Law Requires Custody; 1 1976 Gallup Needs Treatment Center Fourth of Fear Parts New Mexico's 1973 Detoxification Act To get that money the state would made. New Mexico would receive an By PATRICE LOCKE defines an intoxicated person as anyone have to be in compliance with the Fed- additional $1,260,000 from the federal GALLUP - In 1973 the state legisla- who is "apparently so intoxicated in a eral Uniform Alcholism Rehabilitation government over the next six years. ture decriminalized drunkenness. and public place that he has become disor- Act and New Mexico laws are lacking $2 Million More 27 of the state's 32 counties report that derly or has become unable to care for three things for that compliance. said G. At least two other bills relating to the this helped to reduce their alcoholism his own safety." P. Reyes. director of the Alcoholism Di- state's role in detoxification are ex- problems. But for Gallup the new law Anyone that the police deem "intoxi- vision of the State Department of Hospi- pected to be introduced in the next ses- seems to have set spinning the revolving cated" by that definition may be taken tals and Institutions. "The changes we'd sion of the legislature. door between the city jail and local bars. home. to a treatment facility or to jail need are strictly in the language." he Those bills would provide for medical As one city official put it: Downtown for 12 hours. but the person isn't charged said. services and halfway houses. Each Gallup looks like Custer's last stand with a crime or listed as arrested. NIAAA standards require a policy would draw $1 million from the state in every morning The person can be held responsible for statement about the state's position on But detoxification laws are popular in the costs of transporting him or caring alcoholism. Under the Detoxification (Turn to Page 8 Alcohol) states all over the country. Twenty-five for him during his 12 hours in protective Act. an intoxicated person cannot be ar- states have enacted orms of the Fed- custody. but Gallup doesn't collect any rested for being drunk. but the law eral uniform Alcoholism Rehabilitiaion money from the 25,000 persons the city doesn't specifically state how an intoxi- Act and 11 have enacted some kind of transports to the city jail each year. cated person will be treated. treatment legislation. Twelve have since a majority of the people who end New Mexico's statutes for civil com- legislation pending and only five have up in protective custody don't have mitments would also have to be never considered decriminalizing drun- money with them. changed. Reyes said. In New Mexico a kenness So the city foots a $10.75 charge for person can be committed to an institu- each pick-up and will continue to pay tion without a hearing. The Uniform unless Gallup finds some way to de- Code specifies that a hearing must be crease the number of persons who get held and that the person must have been drunk here or develops a method for examined by a physician. treating alcoholics for their illness, in- The other revision necessary for the stead of punishing them for their over- state to meet NIAAA andards would be indulgence. a specific statement about treatment. The Detoxification Act is a progres- The Detoxification Act allows at person sive piece of legislation, City Atty. to be taken to is treatment facility, but James Parmelee said. "The philosophy doesn't list specific treatment policies. of it is good. but in practice it doesn't These changes will probably be consi- work without a health care facility." dered in the next session of the legisla- State Falls Short ture. Reyes said. And if the revisions are Thestate's progressive law falls short of national standards. though. and den- rives New Mexico of $250,000 a year from the National Institute of AI- coholism NOV 1 8 1976 Kindergarten Building Albuquerque Journal Destroyed at Naschitti By HELEN SHARER Haynei said that by the time the Val Jour Correspondant ley Volunteers arrived at the scene more than an hour later, actions were NASCHITTI, N.M. - An early morn- limited to securing the utilities and ing fire Wednesday destroyed a porta- keeping the blaze from spreading to ble metal building housing kindergar- nearby propane tanks. Efforts were. ten facilities at Naschitti Elementery hampered by a water shortage in the School located about 50 miles south of area, Haynei added. Shiprock. A spokesman for the Central Consol- idated School District which operates Keiller Haynei, fire chief of the Val- the Naschitti School said school offi- ley Volunteer Fire Dept. at Kirtland cials are in the process of estimating said his group responded to the alarm the loss, adding that early estimates. about 6 a.m. after the Tohatchi Fire indicate it will amount to more than Dept. refused to respond to the call. $40,000. Medicine Men Banding NOV 1 8 1976 Albuquerque Journal To Thwart 'Oppression' By JIM LARGO In a recent organizational meeting in Lukachuka, Ariz., Morris Chee of Navajo medicine men are forming Greasewood explained that the burn- an organization to thwart what they ing by a revivalist group was damag- call "Anglo relig us oppression" and ing to Navajo people and the cause of to attempt to bring back "the corn pol- much concern among religious lead- len road" as it was in the old days. ers. The group, the Navajo Medicine "In a sense. our religion and our entire Men Assn., will not only be a strong tribe was burned," said Chee. advocate for ancient religous beliefs but will attempt to make those beliefs He said the religious group last March a prime practice among modern Nava- gathered a truckload of medicine men jos, according to its organizers. tools, piled them up on a hill, poured gasoline on the collection and set it Among its goals, said Eugene D. afire. Anderson of Ford Defiance, Ariz., chairman of the association, is to help Realizing what was happening, some Navajo alcoholics by performing reli- men ran to the fire and put it out by gious ceremonies for them. throwing dirt on it, said Chee. Among items burned were arrowheads, sym- The group is also exploring the pos- bol of Navajo strength, he said. sibilities of federal funding. Another goal is to set straight Chee said the burned tools were the damage done to Navajo religious impounded by Navajo police for evid- beliefs by an Angio sect near Grease- ence in an anticipated court action. wood, Ariz., that burned medicine man Anderson said concern over the burn- tools and paraphernalia. Continued on A-2 "The Navajo tribe is like an ostrich Alcohol... toward the problem." Larry Dickerson. "More education is the answer." City chairman of the GIACC board of direc- Mgr. Paul McCollum says. "The tribe needs to take a more active role and tors said timately the city needs a rehabilitati (Continued From Page 1) Alcoholism hasn't been a tribal prior- center to take alcoholies through the cure." ity because the tribe is SO wrapped up in general appropriations and the state's the Navajo-Hopi land dispute now. Alcoholism Division would distribute David Damon, executive director of the Options for the city in dealing with al- the money. GIACC Central Administration. said. coholism are much more numerous than Presently, the state appropriates those available to the individual al- $769,517 to the Alcoholism Division, but "They are beginning to become more coholic. "There are only three things none of that money gets to Gallup, since aware of the problem, though." he said. that can happen to an alcoholic." Frank NIAAA makes a direct grant to the Gal- "When they started their programs, Chavez of the Turquoise Club says. "He lup Inter-Agency Alcoholism Coordina- they should have started with education, can either get sober. go insane, or die." tion Committee (GIACC) and GIACC instead of with treating the chronics." gets more money from the federal gov- he said. "But they are getting more into alcohol education now." ernment than the state Alcoholism Divi- The Indian Health Service is also ac- sion gets. The state gets $300,000 in for- mal grant monies from NIAAA and cepting more responsibility. he said. GIACC's new budget will draw about The Public Health Service Hospital in $541,000 a year from NIAAA. Gallup doesn't handle detoxification now, and Dr. Joe Maruka said that tak- The city might be coming one step ing on that job would be impossible closer to treating alcoholics, though. if without increasing the staff and the hos- the state plan for regional treatment pital budget. centers becomes a reality. "The attitude of PHS is efficient right The Alcoholism Division is making now," he said. "Otherwise we would be plans now to serve the state with four chasing hallucinating patients around regional treatment centers, but under all night and it would be a tremendous the original plan Gallup's situation drain on manpower." wouldn't change much. McKinley County would be a part of the zone "We couldn't ease into it. or do it on a served by a new 40 bed facility in Albu- trial basis." he said. "We would have to querque. Gallup is already using the start day one with the capacity of a cer- Turquoise Lodge in Albuquerque and tain number of beds and enough money though the success rate there is high. the to run the program. "m services are 140 miles away. He estimates that the program would State Helps Gallup require at least 40 aides, four doctors But the state hasn't forgotten Gallup and a couple of registered nurses and and is considering the use of McKinley paramedics. Hospital as a fifth state treatment Solutions Are Varied center because the need here is so great, Reyes said. Various solutions have been offered "We have not in the past dealt specifi- for the alcoholism problem in Gallup, cally with the Gallup area." Reyes said, and though repeal of the Detoxificaton "But we are aware of the tremendous Act is a popular preference here. that problem there." isn't likely to happen, State Rep, Steve Local residents are also aware of the Kennedy says, though he would favor it. problem and city officials recently went An increase in the protective custody to Santa Fe to discuss Gallup's situation time limit from 12 to 48 hours is very with the Criminal Justice Study Com- possible. he said. mittee and drunkenness on the streets topped complaints aired by downtown "We need to get the people who are merchants when they organized several drunk and stranded here home." Mayor months ago. Ed Junker said. Not Indian Problem FORD The alcoholism problem here is defi- "Our most basic need is housing." nitely not confined to Native Americans. Friendship House Counselor Roger and local counselors agree that there Pablo said of the lack of half-way hous- are a lot of drunks living "on the hill." ing and shortage of live-in rehabilitaiton but the visible alcoholics are mostly In- facilities in Gallup. "A lot of these peo- GERALD dians who get stranded in town drinking ple have no place to go and and up back because they can't drink at home. on the streets." he said. And because SO many of the visible alcoholies are Indians. the roles of the "We need to take a stronger stand on Navajo Tribe and the Indian Health public drinking and crack down on the Service in dealing with alcoholism are few bars that are a nuisance." Larry often questioned. Dickerson says. A-2 ALBUQUERQUE JOURNAL Thursday, November 18, 1976 Medicine Men Forming Group Continued from A-1 and medicine men, that the Navajo That was done long ago, he said. ing is a main reason for the association people should cleanse themselves with organization. corn pollen and return to Navajo reli- gion and way of life. Anderson took as an example the swine flu shots being administered.on Based on Navajo religion, said Chee, Now, with the Anglo world being the reservation. He said Navajos have the burning means some misfortune dominant on the reservation, the their own medicine to combat the dis- will fall on the Navajo nation. He Navajo medicine men are brushed case. "I have my own herbs to drink; urged, with the backing of several aside, said Anderson. One medicine that's why I will not take a swine flu Navajo speakers at the meeting, that a man said he does not receive the re- shot," he said. ceremonial blessing be done to erase spect he once commanded. "Once I the expected bad times. asked (Navajo) police to help me but Chee blamed the Anglo culture for they just laughed at me and would not bringing alcoholism to Navajo people. help," he complained. But the problem now is to find a "They brought with them guns, cards medicine man who knows the ceremo- and a bottle of wine," he said. "They Anderson said the Navajo medicine have swallowed up our way and now ny, he said. Anderson explained the men should be recognized as being they run our lives." Navajo people have gone too much the equal to Anglo doctors. He said one Anglo way, and finding such a medi- thing the association would do is give Carl Gorman, a member of the or- cine man will be difficult. licenses or certificates to practicing ganization, said he grew up among medicine men. white people. They asked him about Anderson told of historical events. Navajo culture but he could not ex- Long ago "people who drag their With that authority, Navajo medi- plain, so he had to return to the reser- clothes" (Catholic missionaries) came, cine men could gain back respect, he vation and learn, he said. he said, bringing with them schools said. When the recognition is received, and a religion from across "the great the medicine men can begin teaching Elizabeth Edison of Steamboat, water." They were not against Navajo the younger generation, he said. "We religion, he said. Ariz., said it took her 15 years to learn want our leaders to return to leading to be a medicine woman. She com- us through Navajo religion." plained that medicine men are becom- After the Navajos were taken into ing fewer with each generation and captivity at Fort Sumner, missionaries Anderson did not advocate a com- said she believes the association would from other denominations came and plete turn away from the Anglo reli- began "confusing (the people about) make youth aware of Navajo religion gion and life, but expressed a desire Anglo religion as well as the Navajo for medicine men to be better recog- The association would have five way," he said. "Our way became con- nized in their communities. board members from across the reser- fused and lost." vation. The group would be consulted "Let the doctors do their thing and on nearly every aspect of Navajo life "Today, the Navajo people are going the medicine men do theirs. Let us not and become the authority on Navajo crazy with the white man's education," argue. All we want is to put into the religion. he said. "Our ancestors predicted that system our way of life and religion." when we all began speaking one lan- The group is now conducting public guage, that will be the end of the Na- He said the Navajo people must re- hearin at different communities. The vajo people." turn to the corn pollen, which he said leaders received a favorable response is a a basic blessing agent in Nava from Lukachuka community Sunday. Anderson admonished his listeners, religion, and use it with prayers "to The next meeting may be held in most of them older generation Navajos have happiness rain on the people." Crownpoint or Tuba City, Ariz. Farmington Daily Times NOV 1 6 1976 City Police Win Lawsuil ALBUQUERQUE (AP) - A her son, Kenneth Begay Davis, Drake and Erick Johnson. from alcohol intake, and that tion would have he'ned." U.S. District Court jury re- died because police failed to He allowed the jury to his life could not have been Farmington police officers turned a verdict in favor of six provide him with proper medi- consider the plaintiff's claims saved by medical attention. had told the jury that as a Farmington city police officers cal attention after his arrest against Police Chief Robert Espousing the opposite view matter of practice they didn't in a $2.5 million lawsuit filed last July for drunken driving, Schmerheim, Capt. Donald was Dr. Robert Henry of seek medical attention for against them by the mother of assault and battery. William Rodgers, Sgt. Michael Presbyterian Hospital in Albu- persons whom they thought a man who died in the city jail. U.S. District Court Judge Davis Smith, Sgt. Calvin querque. who said Davis died were suffering from DTs. The five-man, one-woman Howard Bratton earlier Thurs- Shields, and officers Timothy of delerium tremens (DTs) - "If we took every body to the jury found for the defendants day dismissed from the case Williams and J.R. Brown. a reaction caused by hospital who had the shalles, late Thursday after just two Farmington Mayor Marlo Schmerheim said today that withdrawal from alcohol. He then 99 and two-thirds of the hours of deliberation. Webb, City Atty. Dwight the jury verdict "certainly testified that Davis might have drunks we picked up on a Grace J. Begay of Kirtland, Arthur, and city council mem- reaffirms my faith in the been saved had jail employes Saturday end up in N.M., alleged in the suit that bers Robert Culpepper, J.A. system." He added, "I think been properly instructed that the hospital, testi- the verdict is indicative of the DTs is a threat to life, and fied. fact that are doing our job and found help for the victim. Mrs. Begay also took the do have concern and com- Dr. James Weston, state stand Thursday. passion for all people without medical examiner, said he She testified that her son regard of race, color or hesitated to say what caused called her from joil the day creed." the death. before he died CO: plaining of Doctors testifying in the case But he said people with liver problems with his presented conflicting testi- conditions similar to Davis Mrs. Bega: alleged that her mony. "die unexpectedly and sudden- son, the father of seven chil- Dr. Stewart Loeb of Farm- ly and sometimes there isn't dren, was denied medical ington, who performed the anything indicating they need treatment because he was an autopsy on Davis, testified medical attention." Indian. Thursday that the victim's Weston said it was difficult Davis was arrested last July liver was in poor condition to say whether "medical atten- 4 and died five days later. Doctors in Trial Argue Albuquerque Journal NOV 1 8 1976 Jailed Man's Chances By DENISE TESSIER called "fatty change," caused by a The state's chief medical examiner large intake of alcohol. said Wednesday it is difficult to say whether the life of Kenneth Begay Witnesses Tuesday testified Davis Davis, who died last year in the Far- was suffering delirium tremens (DTs) before he was found dead in his cell mington city jail, could have been saved had he received medical treat- July 8, 1975. ment. Davis' mother, Grace J. Begay of Another doctor testified Wednesday Kirtland, N.M., testified Davis was that he feels medical treatment would arrested and jailed on a charge of have saved the man's life. driving while intoxicated. The testimony was heard in Albu- Weston was asked by one of Mrs. querque federal court before U.S. Begay's attorney's, Charlotte Tou- Dist. Judge Howard Bratton in a $2.5 louse, if Davis' death was associated million suit filed by Davis' mother, with the "fatty change" in the liver. who claims her son died because he was denied medical treatment in jail. "Tiat's the way I prefer to put it," Tie suit was filed against the City of Weston replied, explaining that it is Farmington and individual city offi- difficult to determine a cause and ef- cials. fect relationship in cases such as Dav- is'. State Medical Examiner Dr. James T. Weston, who examined slides of "I find it difficult to say that (Davis' R.FORD, body tissue from Davis, said liver tis- death was directly caused by fatty sue contained a great deal of what he 0 Continued on A-2 GERALD MDs Disagree in Negligence Trial Continued from A-1 attention would have helped." He said had jail employes been told DTs is a life-threatening situation, it change)," Weston said, "but some oth- Dr. Robert Henry, head of the emer- "would have helped save this man's ers do say that." gency room at Presbyterian Hospital life." in Albuquerque, testified he would at- Weston also said he could not rule tribute Davis' death to DTs. Tuesday Farmington Police Capt. out the possibility Davis died from the Donald Rogers testified police are not DTs. He said a person experiencing DTs told in training that persons suffering He read from Davis' death certifi- can have lucid intervals that can last from DTs need medical attention. cate that the cause of deati as longer than 12 hours. Witnesses have previously testified Davis was coher- Late Wednesday San Juan County determined by his office was "severe ent after his DTs and appeared to be Magistrate Roy Markham of Farming- fatty infiltration of the liver." recovering from them. He was last ton said he had "no idea someone When asked if medical attention seen about 10 minutes before he was could die" from DTs. He has previous- would have prevented Davis' death, found dead and was coherent at that ly worked as a patrolman, deputy sher- Weston said, "I can't say. People like time as well, witnesses said. iff and sheriff and has worked with this die unexpectedly and suddenly jails. and sometimes there isn't anything Henry said Davis should have re- ceived medical attention despite the Testimony will continue in the trial indicating they need medical attention. It is difficult to say whether medical apparent recovery after the DTs. today. Albuquerque Tribune NOV 1 9 1976 Farmington police innocent in death A U.S. District Court jury Bratton earlier Thursday victim's life could not have DeLayo made an appeal on Those facts, said Mc- returned a verdict in favor dismissed from the case been saved by medical atten- behalf of Davis' family, say- Corkle, didn't amount to the of six Parmington city po- Farmington Mayor Marlo tion because his liver was in ing the policemen should've cruel and unusual punish- licemen in a $2.25-million Webb, City Atty. Dwight such poor condition. helped the man. ment that was charged. lawsuit Reductinst them by Arthur, and City Councilmen But Dr. Robert Henry of "I question the type of "His liver just quit." said the mother of a man who Robert Culpepper, J.A. Presbyterian Hospital in people we have in this coun- McCorkle. "Medical atten- died in the city jail. Drake and Erick Johnson. Albuquerque said Davis died try who can let a man suffer tion would not have saved The five-man, one-woman He allowed the jury to of delerium tremens and his for 52 hours in a jail." his life." jury ruled in favor of the consider the claims against life might have been saved defender late Thursday Police Chief Robert Schmer- by proper treatment. DEFENSE attorney Robert MCCORKLE said, "These after two hours of delibera- heim, Capt. Donald W. Rog- IN HIS closing argument, McCorkle told the jury, "I officers have seen people in tion. ers, Sgt. Michael D. Smith, Leonard DeLayo, Mrs. Be- have sympathy for the worse condition. Grace J. Begay of Kirtland Sgt. Calvin Shields and Po- gay's attorney. said the case deceased and his family. "These men were his alleged in the suit that her licemen Timothy Williams concerned, "The conduct of "It's unfortunate, tragic, friends. Would they have son, Kenneth Begay Davis, and J.R. Brown. human beings toward other when human life is de- subjected him to cruel pun- died because police failed to human beings." stroyed by alcohol. But we ishment?" provide him with proper DOCTORS testifying in DeLayo said, "That's what must put sympathy behind medical attention after his the case presented conflict- this case is about. This case us." DeLayo said, "He (Davis) arrest last July for drunken ing testimony. speaks to the attitude of one McCorkle said that since was going through obvious driving, assault and battery. Dr. Stewart Loeb of Far- group of people toward an- money was involved, the agony. Police officers didn't mington, who performed the other in a certain physical case had to be looked at for consider him sick or injured. U.S. DIST. Judge Howard eutopsy on Davis. said the condition' its facts. Is that reasonable?" Lawyers Bring Varied Backgroundst By SCOTT SANDLIN trust status "should be part Daily Times Staff Oakland followed that. Cases Though not attracted to the your Russian." and parcel of economic de- there involved Indians living in type of work, Ms. Flynn- Currently the only attorneys SHIPROCK - The most velopment." rancherias, land established by While Flynn-O'Brien's ex- O'Brien says she is not op- at Shiprock DNA, they have unusual thing about Tim and the federal government in the perience has been involved posed to large corporations per been interviewing candidates Judy Flynn-O'Brien is proba- 1800s as a sort of mini- se. "They're misused, both for another attorney opening. bly not their last name, but it almost exclusively with legal inside and out." reservation. In the meantime, they are seems to confuse people as aid-human rights organiza- Many of the rancherias, says tions, Ms. Flynn-O'Brien's ex- While Ms. Flynn-O'Brien struggling to explain legal much as the legal terminology Flynn-O'Brien, were termi- perience has taken her from braved Wall Street, her hus- conundrums to the lay person they deal in daily. nated, or cut off from their Russia to Wall Street. band worked for the Interna- who, in many cases, cannot It's not too complicated, trust status, thereby losing In 1972, after completing tional Indian Treaty Organiza- read or speak English. services have been on the increase, in addition to the caselaod from the Navajo res- although it has prempted a many benefits and protection undergraduate studies at the tion, attached to the U.N., ervation. number of explanations. She afforded under treaty. University of California at which handled legal and hu- was Judy Flynn, he was Tim A significant part of the man rights problems of Indi- They are stuggling Santa Cruz, she took a job as a O'Brien. Married, they work, he says, dealt with nanny for a U.S. embassy ans throughout the world. to explain legal changed their names to a jurisdiction: what laws would family in Moscow. Then, they say, "we talked conundrums to the hyphenated combination of the apply to those Indians and "I'd had this weird idea," about where we wanted to be." two. their lands, particularly re- she says, "of combining Rus- For Ms. Flynn-O'Brien, in- lay person who, in Farmington Daily Tim But explaining and dealing in legalities is their stock-in- garding county zoning require- sian studies (in which she tock ternational business lacked ments. her degree) and law. I, had contact with people. many cases, cannot trade. The Flynn-O'Briens are planned to go to Columbia "One friend," she says, read or speak Eng- NOV 1 6 1976 the new attorneys in residence, "In one case," Flynn- (University in New York)." "works for a big firm dealing lish. and in charge, of Shiprock O'Brien says, "the Indian Plans changed, but her five- with labor. I don't see any real DNA People's Legal Services. Health Service put in health month tenure with state de- purpose in that -I need more Both in their mid-twenties systems-septic tanks and partment families in Moscow of a social purpose. More and both graduates of the hockups-and the county convinced her that that the contact with clients, more Flynn-O'Brien says "It's 2 University of California at state department was not her variety of experience. I nev- temptation to explain in legal Berkeley Law School, they Tim's legal back- cup of tea. er liked dealing with money." terms," when the lay explana- come to DNA 11, varied Other possibilities for her Interviewing for posts both tion may take much longer. background. After interview- ground centers combina- here and in the Northwest, But, he says, "I think we have ing for various positions, they Indian law; Judy tion of studies were the United they found the people in the an obligation to explain as joined the staff in worked in Russia as Nations or international busi- Southwest, as well as the much as possible-explaining Tim, director of Shiprock ness. The U.N., she says, was climate, to their liking. the process for them to learn about it." DNA, is experienced in ques- a nanny and on "too amorphous." Not unversed in legal aid tions of Indian law, working Wall Street for an So she tried international work, Ms. Flynn-O'Brien Both attorneys think that with both Seattle, Wash., and business, working during the worked for the San Francisco once clients understand the California legal aid services. International firm. summer of 1975 as an intern in Neighborhood Legal Services process, there will be less of a the prestigious Wall Street as an intern. reliance on lawyers. If a client After his first year of law wouldn't approve them. We firm White and Case. Noting that legal aid jobs are purchasing an item learns not school, he worked on cases won the case contending that difficult to get without direct to rely on verbal promises. for involving Imon rights "I decided I absolutely hated the county had no jursidic- experience in the field, she example, the dose of preven- on ceremonial lands of Wash- business-type work. It was tion." says her husband's clinical tative counsel will have been ington Indians for the Indian Problems in the California boring, mostly. You're dealing experience with Indian law well worth the try. Law Unit of Seattle Legal with multi-million dollar loans rancherias, he says, centered netted them the posts in Ship- on a largely uncumeated people from company to company, rock. For the interim. the Flynn- reading of pages of O'Briens need not worry about losing their traditional That helped," Flynn- Two a lack of clients. Referral of with on area O'Brien says drily. "That and an base The end result, says. policy," cases from Farmington legal at Indian Legal in Ms. Jury NOV 17 1976 Farmington Daily Times By HOWARD GRAVES Investigators are probing al- TG&E Vice President Leslie J. Hadden, also of PHOENIX, Ariz. (AP) - leged mishandling of Thomas Via Jr. said the flights thousands of dollars of federal Gallup, was named as an Navajo Tribal Chairman Peter were made to help overcome MacDonald, leader of Ameri- funds, said the U.S. Attorney's unindicted co-conspirator, said opposition by Navajos to a office. However, the U.S. A' Asst. U.S. Atty. Gary Scales. ca's lar gest Indian group, 345,000 volt transmission line torney declined to elaborate across Navajo lands in Miller pleaded innocent to spent about 20 minutes today before a federal grand jury. MacDonald's appearance. the charges Nov. 3 in U.S. northwest New Mexico. Nixon, while president District Court in Phoenix. MacDonald, who appeared Via said MacDorald agreed with an attorney, seemed in awarded MacDonald a pr to make the trips if the A Jra 18 trial date Was set dential commendation for his good spirits as he left the pany paid for them. for Miller by U.S. District federal courthouse. He said he work with the poor. eDonald said in late Octo- Court Judge Carl Muecke. MacDonald is in his six: would return to the Navajo "The information I have Miller was released on his own capital of Window Rock, Ariz. year as elected tribal chail nese flights were made recognizance. MacDonald would not com- man of the estimated 150,0 the contract with TG&E Scales said Eldred agreed to ment to a reporter on his Navajos living on reservation signed. I think I made a waive removal proceedings appearance before a regular lands in portions of Arizona to Farmington and and is to appear in Phoenix New Mexico and Utah. The e one to Tucson, where Wednesday for arraignment on session of the grand jury or on the subpoena that brought him reservation covers about 25,000 office is located." He the charges. to Phoenix. square miles. ma e-the statement in re- Scales said Eldred, 58, and The attorney refused to iden- He was first elected in 1970 sponse to a reporter's question. Schaffer, 45, also are sched- tify himself, saying, "I think and won a second, four-year On Oct. 23, the grand jury uled for trial on the indictment these matters are of a secret term in 1974. indicted the former executive charges Jan. 18 in Phoenix The Associated Press nature. I have no comment." director of the Navajo Housing federal court. The tribal chairman, asked learned last month that a top Authority, Pat Chee Miller, 31, Miller was accused of receiv- Peter MacDonald to identify the lawyer, just Navajo tribal official had re- a Navajo living in Gallup. ing the kickbacks for loaning comment ceived an estimated $5,600 in The eight-count indictment an estimated $13.3 million in cash through a Gallup air The 48-year-old MacDonald, charged Miller with receiving housing authority money to charter service. $42,000 in kickbacks from American Funding. All but $4.5 who once received a commen- The money, after being con- American Funding Corp. of million has been recovered. dation from former President verted from bank checks to Beverley Hills, Calif. The authority was formed in Nixon, was called in connec- cash, was hand carried to the 1963 to allocate U.S. Housing tion with a federal investiga- executive at Window Rock, Also indicted were A. Gordon and Urban Development funds tion of alleged financial ir- Ariz., according to two persons Eldred, the mortgage invest- for housing projects on the regularities on the vast reser- familiar with the transactions. ment firm's senior vice presi- The checks were paid by dent, and Marvin B. Schaffer Navajo Reservation. vation. MacDonald was subpoenaed Tucson Gas & Electric Co. to of Encino, Calif., an Eldred late last week by federal Atsidi Aviation Inc., the business associate. investigators. sources said The three were charged with The grand jury, assisted by The checks written in conspiracy to defraud the fed- a special Justice Departs ent August and November 1973, eral government, misapplica- task force and the FBI, has were for special charter ser- tion of an Indian tribal or- been delving into the alleged vices by tribal xecutives, ganization's funds and in- corruption sir.ce last spring. including MacDonald. terstate transportation of mon- e: Mained by fraud. Albuquerque Tribune NOV 1 7 1976 Tiny Indian tribe wins right to own reservation (C) NY Times News Service er, a Golden Hill who is also Late last month Piper and TRUMBULL, Conn. --- The known as Chief Big Eagle. a band of other Indians from "Nobody can come along across the country moved nation's smallest Indian re- servation won the first with a piece of paper and into a tepee on the reserva- round here last week in a say that it isn't so." tion - rather than let the fight for its survival when Piper took over the leader- land lie contested and ship of the 78-member Gold- unoccupied - and began a state officials decided that a en Hill tribe in 1974 and series of spiritual ceremo- one-quarter-acre suburban began efforts to regain 19% nies, dancing and praying plot did indeed belong to the acres of reservation land for the safety and preserva- Golden Hill Tribe. tion of the reservation. The state's ruling, which that had been sold off a cen- rejected a competing claim tury ago and 80 acres in "Now that the state agrees what is now the heart of with us that this is our land, by a neighboring landowner and reaffirmed an Indian downtown Bridgeport, which we can go ahead and make had been taken by force in this a gathering place for all claim to the land that dates to 1659, was greeted by the the 17th Century. Indians," Piper said after Indians with a nightlong even the remaining the decision became known. revel of singing, drumming quarter-acre was threatened "My uncle never wanted this in July when a Waterbury place known as an Indian and dancing around a tepee. attorney who owns a build- reservation and just wanted When the dancing ended at dawn and this quiet residen- ing next to the reservation to live and die in peace, and tial community on the filed claim to land and then we respect our elders. But offered to sell it to the state. now times have changed and fringes of Bridgeport re- the national mood of Indians turned to its customary THE CLAIM by the attor- has changed." calm, work resumed on a log ney, John Carl Kucej, came cabin that reservation lead- days after the only house on KUCEZ, WHO could not be: ers plan to make into a re- the reservation had been reached for comment, is gional center of Indian cul- torn down to make way for expected to pursue his claim ture and activism. the new cultural center, and in the courts in what could "WE HAVE always main- resulted in halting construc- be a long battle retracing the tained that this was tion while the state conduct- tribe's history and its some- reservation land and that we ed a title search on the prop- times stormy relationships owned it," said Aurelius Pip- erty. with the carly settlers. Albuquerque Journal NOV 17 1976 Interior Dept., Indians Agree on Water Rights From the Journal's "pending a determination of the feasi- Washington Bureau bility of that use." WASHINGTON - The Dept. of Inte- The determination will be made rior has announced it has reached an through a study to be conducted by the agreement with the Jicarilla-Apache Bureau of Indian Affairs and the Bu- Tribe on water rights that frees 13,300 reau of Reclamation. acre feet of San Juan-Chama water As part of the agreement, the tribe from municipal and industrial use by withdrew its opposition to the use of five New Mexico communities. the remaining 13,300 acre feet availa- The agreement was reached during ble for municipal and industrial use. the late summer. The 39,300 acre fect involved be- As part of the agreement, the Interi- came available when communities or Dept. agreed to reserve 29,000 acre opted not to carry out programs for feet of water from San Juan-Chama which the water was originally allocat- for permanent use by the Jicarillas ed. Naschitti Class Buildine Farmington Daily Times NOV 17 1976 Destroyed in Morning Fire By SCOTT SANDLIN hoses to keep four butane gasoline tank near the Daly Times Staff tanks located about 15 feet was also kept watered NASCHITTI - A portable from the building from blowing prevent it from igniting. metal building that housed the up. The Valley Fire Dept. kindergart at Naschitti The school, part of the rived about 7:15 a.m., she School burned to the ground in Central Consolidated School Dr. Warner said persons a fire that started at about 5 system, is located 55 miles living in the school complex a.m. today after the school south of Shiprock on the Nava- were alerted immediate. principal's unsuccessful at- jo reservation. the danger and moved tempts to reach fire units in The fire was extinguished at the area. She also notified the Tohatchi, Shiprock and Win- about 8:15 a.m., after a fire persons in the neighboring dow Rock, Ariz. truck from the Valley Volun- community. The official said further dis- teer Fire Dept. responded to a The principal estimated call. By then, said Dr. Pearl of school equipment in the aster was prevented by four teachers who manned water Warner, school principal, the kindergarten building 2: building was gone. $75,000. No one was injured in the Dr. Warner said she called blaze, but Dr. Warner is representative of the U.S. angry. "I'm mad," she said. Dept. of Housing and Urban "None of the fire departments Development about four cays would come. If we'd had fire ago about fire protect protection, three quarters of "They said the (Navajo) Coal Tax Plan the building could have been would have to look into it, saved." said. "I think we'd better Dr. Warner said she was something about it." The fire is the second "Uneconomical" awakened by a call from a teacher and looked out the three years at the school window of her home to see Warner said. About two years flames shooting up from the ago, the arts and crafts ALBUQUERQUE (AP) - Firms developing New Mexico building in the corner where ing burned. She said coal would have a tough time competing in most markets the heater was located. The thought today's fire if the state imposes a tax rate of 26 per cent, an industry lights were out, she said, and started by a faulty heater. spokesman said. she could not see to dial Arrangements were being John J. Schmidt, executive vice president of Santa Fe numbers. An operator made made this morning for return- Industries Inc., said the proposed tax hike would make "our the calls to the fire units and ing utility service, coal uneconomical and noncompetitive with most other the district superintendent. nected when the fue broke markets." She said the Tohatchi Fire but Dr. Warner said she He said Santa Fe is negotiating with a handful of Dept., located about 10 miles unsure of whether school companies to sell its vast coal reserves in the San Juan away, apparently declined to would be in session. Basin. The firm is asking for $1.5 billion. respond to the call because it Although she confessed "I don't think the message has gotten through to the is McKinley County and the being shaken by the EX- people of New Mexico that the proposed taxes would mean it school is in San Juan County. perience, she said she joked would cost three times as much to mine coal here as in Concern about the possibility a school supply officer that Wyoming or Montana," he said. "It's just going to make a of fire, Dr. Warner said, wanted to requisition a nex tough job tougher." prompted her to buy water building. Economists, state energy officials and Gov. Jerry Apodaca hoses about a month ago. "I never counted on being à all are backing hefty tax increases on coal and uranium "They're the only reason those firefighter when I took mined in New Mexico. tanks didn't blow," she said. A job," she said. Ambuquerque Journal NOV 1 8 1976 Paul R. Wieck Indian Policy Vague WASHINGTON - President-elect Carter opened his statement by say- Jimmy Carter's only official statement ing he believes programs for Indians on Indian policy, a 32 line policy pap- should be "designed, implemented and er, deals largely in generalities and managed by Indian tribes" to the does not get into the sticky questions greatest extent possible. raised in the Indian community in re- cent years. "Indian people should be able to make their own decisions regarding budget priorities, the operation of Carter appears to support the idea of their schools, the best use of their "self-determination without termina- land, water and mineral resources, and non." the direction of their economic devel- opment," his statement continues. He also promises a complete review of all federal programs for Indians He decries the "duplication of ef- conducted "with the full participation fort, waste and neglect" he says pre- of Indian leaders from tribal, urban vails in the programs and suggests a and national organizations." large percentage of the federal funds for Indians is lost as a result. His statement does not deal with He also promises a review of federal such touchy issues as the Indian pref- laws relating to Indians and a long erence program for hiring by the Bu- look at the BIA. reau of Indian Affairs (BIA), the "beneficial use" position of the BIA on Indian water rights or the longstand- Paul R. Wieck is chief of the Albu- ing request of tribal leaders for a spe- querque Journal's news bureau in cial Indian legal counsel. Washington, D.C. Farmington Daily Times NOV 16 1976 Companies which lease land from the tribe would be EX- Tribal Taxation Proposed pected to protest the double taxation in the courts. Commissioners have said WINDOW ROCK, Ariz. (AP) ficials said could produce as imum, the commission said they would not recommend -The Navajo Tax Commission much as $36 million next year. that the major tax should te taxing Indians' income or Monday proposed setting up a While suggesting that the placed on companies leasing property at the present time tribal tax structure that of- tribal tax be kept at a min- land from the tribe that pay becase Navajos' income levels low rental or royalty were too low. The current payments. capita income of the 100.00 The three-man commission member tribe is about $600 per said that any tax system would year and the unemployn probably produce extensive E:- rate is about 60 per cent. igation between the Navajos and Arizona and New Mexico over the rights of the states to tax interests on Indian reser- vations. New Mexico and Arizona currently assess a tax on the removal of mineral resources from the Navajo Reservation. which amounts to millions of dollars each year. Navajo Crafts Enterprise Looks By LAURIE BURNETT A jewelry buyer for several Gallup nated by the Navajo Tribal Council in Under the former management NACE WINDOW ROCK. Ariz. (Dine Bureau) stores before managing the guild. Et- November 1975. agreed to supply various large national Officials of the financially-troubled Would Improve Image department stores. including Sears sitty was appointed Monday by the Navajo Arts and Crafts Enterprise committee set up by the tribal council to "We are trying to clean up the inferior Roebuck. with Navajo jewelry. but was (NACE) announced Wednesday the ap- oversee NACE operations. merchandise purchased by that man- unable to fill the orders. he said. pointment of a new manager in their at- agement." Davis said. "People have "Navajo craftsmen were told they Roger Davis. committee chairman, tempts to get the enterprise back into been reluctant to buy from us because of produced too slowly. and NACE began would not predict when NACE would re- cover from its present deficit operation. publicity about the low quality mer- purchasing from various non-Navajo healthy operating order. Meanwhile. NACE officials are un- saying. "It takes a long time to rebuild chandise we have acquired." wholesalers in Gallup." he said. "Much daunted by severe declines in the Indian an enterprise once its name has been NACE was set up by the Navajo Tribal of that merchandise was of inferior qual- jewelry market. maintaining that qual- destroyed, but we are pulling out of the Council, according to Davis. to provide ity. and was mass-produced with low ity Indian jewelry will remain a good red gradually." an outlet for Navajos silversmiths and grade turquoise." investment for years to come. NACE's financial problems stem efattsmen. You can't buy from wholesalers and The new NACE manager, Funnie Et. from mismanagement. according to "But with the disbanding of the guild other outlets and still expect 10 is com- sitty. was manager of the Navajo Arts Davis. The former manager. Ernest and the formation of the enterprise. the petitive," he added. Apodaca. a non-Navajo. assumed the attitude changed to one of profit mak- 'Everyone Got into Act' and Crafts Guild for four years before it was converted into the tribal enterprise top position in the enterprise upon its ing." he said, and that is when the prob- The recent boom of Indian jewelry led in 1972. formation. He was subsequently termi- lems started. to a glutting of the market with inferior toward Better Times GALLUP INDEPENDENT NOV 18 1976 goods. resulting in public loss of confi- 50-60 per cent nationwide since the dence in the merchandise and eventu- enough to ablish names. will continue ally in the severe declines the market is boom. and are still dropping. as evi- producing quality goods. now suffering. denced by the continual closings of the jewelry stores in Gallup. which became Four branch stores of NACE. which "The height of the boom was in 1972 abumdant during the boom. closed earlier this year. are scheduled to when Wall Street listed it as second to Still Can't Beat Quality open in the spring when it is expected land in its list of good inv estments." said However, Davis maintains that qual- that the central store in Window Rock Davis. "Then everyone got into the act ity jewelry is still a good investment. will have acquired enough quality mer- Anglos, Mexicans. amateurs and hip- and will remain SO. chandise to stock them again, said pies." "A person who knows Indian jewelry Davis. The four stores are in Kayenta. "Il sold like crazy for a while. and then can spot quality." he said. "There will Chinle. Cameron. and Allentown. all of a sudden people realized that the turquoise or workmanship of the always be quality goods produced. and their value will remain high." A new accounting system recently jewelry was not always quality," he He predicts that young Navajos who implemented at NACE has finally said. "Wall Street then. took it off its entered the business during the boom cleared up the formerly chaotic finan- boards and the value dropped consider- ably." will drop out. but those craftspersons cial records. and "this should help up in Indian jewelry sales have declined who already have established names, our present attempts to secure an and those who "have their heart in it" operating added. loan for the enterprise," he GALLUP INDEPENDENT NOV 1 8 1976 Shakeup An Exclusive Report The tribe has already begun its own The question that some department By BILL DONOVAN reorganization separate from the one heads raised. then, is whether the coun- WINDOW ROCK. Ariz. (Dine Bureau) being proposed under the Little study. cil would approve changes that take Navajo Tribal Chairman Peter Mac- This reorganization is being conducted power away from its various commit- Donald is considering calling the by Perry Allen, who is MacDonald's tees and turn it over to the chairman's Navajo Tribal Council into special ses- administrative assistant. office. Most tribal officials think this is sion in early December to consider re- Already Correcting Problems unlikely. commendations made by an outside Several division heads questioned The only section of the study which firm on ways to improve the running of has a good chance of being approved by whether there was even a need for such the council, according to one tribaloffi- the tribal government. The recommentations are part of a a study in the first place. since they felt cial. is the salary revision schedule. management review study conducted that the tribal reorganization was be- This part of the study was undertaken to over the past four and a half months by ginning to correct many of the problems determine of some tribal employes were the Arthur Little Co. of Los Angeles. within the tribal government. being paid enough in relation to their The Little study, although it has not The main criticism made by division duties and responsibilities. been released to the press and probably heads before allen took the job with the chairman's office five months ago was won't until it comes before the council. that there was no direction from the has already caused waves within the chairman's office and that 11:11 made it tribal government and has been the sub- difficult. if not impossible. to make any ject of several staff meetings. changes in policy or programs. Almost no department head has come out in support of the conclusions made This situation has changed over the by the study. and most would just as past few months and division heads said soon see the tribal council diseard the that at least now with the weekly staff findings and forget about the thousands of dollars the tribe spont to get it made. meetings Monday morning departmen- Suggests Consolidation tal problems can be brought up and According to interviews with various some type of solution decided upon. tribal officials, the Little study stresses May Depend on Politics throughout its recommendations the The question then is whether the consolidation of various tribal depart- council will go with the recommenda- tions made in the study and. according ments to eliminate duplication of ser- to some tribal officials, this may depend vices and better use of tribal funds. и great deal on tribal politics. If the council goes ahead and ap- If the study is approved. one result proves the recommendations made by will be strengthening of the chairman's the study, almost no division within the office. since the recommendations in the tribal government will be unaffected. report would give the chairman's office Most division heads feel that the more say in daily operation of various changes would hurt their departments departments. without saving that much money. 4A-Sunday, Nov. 21, 1976 Formington (N.M.) Daily Times Editorial Page A Newsman's Faith Howard Graves of Albuquerque, who heads the Associated Press' economic, political and social life of operations in New Mexico, almost the entire Four Corners region. single-handedly has been uncover- Because of the Intricate-if not ing one of the most significant unique-manner in which tribal stories in the Four Corners region. business involves the federal gov- Primarily through his efforts, a ernment, reporters through the federal grand jury has been in. years frequently have been stymied vestigating alleged wrongdoings in their attempts to accurately within the Navajo Tribal government report news about the Navajo Nation. operations. People in high places, and millions Graves, nonetheless, has been of dollars in federal, tribal and successful. We believe that his corporate funds have been Involved. success can be attributed mostly to A number of indictments already his penchant for the truth and the have been returned by the grand objective manner in which he has jury. been reporting the facts. He has no Graves has been working on the axe to grind, no cause to champion, self-imposed assignment for the past no scores to even. several years. During that time he Howard Graves has on unwaver- has filed numerous stories-none ing belief that the truth is a based on sensationalism; all based journalist's only real stock in trade on the facts as he has been able to and that he can best serve his fellow put them tagether, after hours, days, human beings by exercising that and months of interviewing people belief. and studying documents. The Navajo Nation, encompassing We would not be a bit surprised to about 25,000 square miles in see Graves nominated for some sort Arizona, Utah and New Mexico, of award within the journalism plays an important role in the profession. To US, he exemplifies the finest in newspapering. Program Seeks Applicants WINDOW ROCK, Ariz. - A learning problems. The pro- work as teacher aides in their Selected students also attend special training program de- graminvolves four semesters of veloped by the Navajo Nation communities while completing the National Council of Excep- junior and senior level courses and the University of Arizona coursework. Students also re- tional Children convention in offered at the College of ceive benefits of a full-time Atlanta, Ga. to train 20 teachers a year in Ganado campus, with two full special education is now re- university program and obtain To qualify, interested per- summers of instruction on cruiting students for a pro- campus at the University of on-campus credit for student sons must have completed 56 teaching on the reservation. or more hours of college gram starting in January Arizona in Tucson. The program is designed to credits transferable to the 1977. The reservation-based train- The Navajo Nation con- avoid cultural and linguistic University of Arizona. College ing model allows students to and high school transcripts tracted with the university for and economic problems en- the program, funded by a countered by some Indian stu- should be forwarded, along dents. with the tribe's application and grant from the Bureau of Education for the Handi- Instruction is provided by university admission form. to university personnel who fly in Charlene Tapahe, coordinator. capped. to fill vacancies for qualified Navaje teacher per- to campus for all-day sessions Navajo Special Education sonnel to work with handi- Friday and half-day Saturday. Teacher Development Pro- The summer session includes gram, The Navajo Tribe, P.O. capped Navajo children. field trips to observe programs Box 308, Window Rock, Ariz. The two-year program, serving handicapped students. 86515. which fulfills Arizona's certification requirements, focuses on preparation of teachers in mental retardation, behavioral disorders and 8A-Sunday, Nov. 21, 1976 Farmington (N.M.) Daily Times Experimental Dorm SHIPROCK--People may have squinted hard or stared Seems Natural in disbelief when the idea was first proposed, but Dorm Seven of the Shiprock Bureau of living situation is alcohol. If a though a segregated one. Williams says. Indian Affairs boarding school student is found drunk on "Next year," he says, "will Next year's experiment may is no joke now. What is now an campus, he is expelled im- really be more experimental or may not have the same honor dorm started off a year mediately from the dorm. than this year." results as Dorm Seven. But ago as the "experimental" So far, he says, there has "We're trying anything that Williams, and the members of dorm for eighth and ninth been only one expulsion. will improve on what I think is the staff are willing to give it graders. Among its features The situation, he says, just the old BIA situation," a try. are co-ed living, once a week "seems more natural." In- family-style cooking among stead of boys and girls seeing students and student planning each other only at a dance, for activities. they are accustomed to work- The main problem now, in ing together. fact, is that "Kids from other Williams, who has worked with Anglos and other ethnic dorms are jealous," says stu- groups in his work as a parole dent activities director Manuel officer, says "Navajo kids are Montoya. more responsive. I really don't The honor dorm was the why-it must be cultural." Personnel were also careful- brainchild of Charles Williams, dormitories supervisor for the ly selected, Williams says, and past year. A former state he is now considering a plan to policeman in Nevada and have dorm aides move along former youth parole officer. with students as they progress Williams says the program's from grade to grade. working S0 well they hope to Montoya, who has worked institute a similar plan with for the BIA the past 16 years, seventh-graders next year. says he has heard longtime bureau employes say working A careful screening process, in the honor dorm "is the first including recommendations time they've enjoyed their from adults and students' list- jobs. It's a whole new out- ing their reasons for wanting look." to live in the experimental Among the new program's benefits are a reduction in situation, determined the stu- dents selected initially. Now absenteeism and a greater students may apply to live in stimulus for study, Williams Dorm Seven. If a student is says. Some students have vol- unteered to work as aides in rejected, he's told why, and the nearby dorm housing the may re-apply after 30 days. trainable mentally handi- "It gets away from regimen- capped program. tation," Williams says. "It's a Students are divide in more homelike wings according to sex, and atmosphere. People at first there is 24-hour supervision at just really didn't believe it, but the dorm, but the key word we've received nothing but seems to be responsibility. good reports." Williams says students include The only restriction Williams both good students and slow makes in an otherwise loose students, but notes that three of the four members of the student council live in the honor dorm. Next year, he says, all seventh grade students will be in an honor dorm situation, GALLUP INDEPENDENT NOV 2 2 1976 Gasification Date By BILL DONOVAN than the company can afford. A loan WINDOW ROCK, Ariz. (Dine bureau) guarantee would allow the company to - A high ranking official for a company borrow the funds needed to build the proposing to build two coal gasification plants at the lowest possible interest. plants on the Navajo Reservation says his company probably will drop the A similar bill failed in the past session plans if it does not receive tribal ap- of Congress by one vote, and Rudzick said company officials re-evaluated the proval in January. Robert Rudzick, general manager of proposal and decided that "we want to try one more time." the Western Gasification Co. (WESCO) said Friday any further delays in the "It's absolutely essential that if the project would make the plants too ex- Navajos want the project, they must pensive to build. back us when we go back to Washing- "In 1972 when we first approached the ton," be said. tribe. we estimated that the cost to build the plants would be about $500 million," WESCO has spent about $20 million in he said. "The current cost estimate is getting the proposal this far, be said, but more than billion dollars." WESCO needs a decision by the council He told members of the Navajo Tribal as soon as possible about whether it Council's Resources Commitee that in- wants the plants. "If they decide theydo flation was adding about $2.25 million a not, we might as well pack up and go day to the cost to build the plant. home," Rudzick said. "If it does not get out of the tribal council during its January session, it will probably be dead." Rudzick said. He indicated the company will not be able to allow the council to discuss the proposal and then establish a committee to negotiate with WESCO officials. This has been the procedure in several in- stances when a major agreement came up before the council for approval. WESCO still has to go to Congress for a federal loan guarantee, he said. because the cost to build the two plants is more GALLUP INDEPENDENT NOW 2 2 1976 Company Offer Totals $5-7 Million a Year WINDOW ROCK, Ariz. (Dine Bureau) Tribal officials have complained re- not be able to pass on a tribal tax to its - The Navajo Tribe will receive about cently that the 18 cents a ton average customers. $5 million in 1980 if it approves construc- that the tribe gets as royalty from Utah Larry Ruzow, a member of the tribe's tion of two coal gasificati plants on the is not enough. general counsel firm. told WESCO offi- Navajo Reservation. a high ranking of- Tribal representatives are currently clals that the tribe is upset that everyone ficial for WESCO said Friday. attempting to get the coal company to will make more money from this project In 1983, the tribe's revenue from the renegotiate its contract to provide the than the tribe will. Utah International plants will be about $7 million, accord- tribe at least 55 cents a ton royalty, will get $90 million annually or $9 a ton , ing to Robert Rudzick, general manager which is what the tribe will get when the for coal and the state of New Mexico will of the Western Gasification Co. renegotiated El Paso contract is ap- get $10 million annually while the tribe (WESCO). proved by the Secretary of the Interior. will get between $5 million and $7 mill- The WESCO proposal, which has gen- WESCO, in the meanwhile. has agreed ion, erated a great deal of controversy on the to make up the difference to the tribe in Would Move Site reservation, is scheduled to come before the amount Utah International is paying Ruzow proposed that the company the Navajo tribal Council for considera- as royalties and what the tribe thinks it move its proposed plant site a couple of tion during its winter session in should get. miles which would make it easier for the January. Rudzick said that If the tribe in its tribe to impose its own tax. Rudzick said the tribe will receive a negotiations with Utah International, He explained that there are two types one time payment of $1.7 million for var- gets the coal company to raise its roy- of land involved 8 treaty reservation and lous rights-of-way. It will then receive alty rates, the amount of money that executive order reservation. $200,000 annually for lease of the 4,000 WESCO pays the tribe will be likewise Federal regulations allow st ates to tax acres WESCO officials need for the reduced. various industries in executive order plants and the small community which Tax Leality Is Question land, he said, but has more restrictions will be established to house workers at As for whether the company will allow on what states can tax on treaty reserva- the plants. itself to be taxed by the tribe, Rudzick tion lands. The tribe will also receive one half of said that WESCO "will pay all legal The proposed site for the plant is on one per cent of WESCO's gross receipts, taxes." The question then is whether a executive order land, he said, but by which company officials expect will tax imposed by the tribe on companies moving the site only a couple of miles it bring the tribe about $1.2 million annu- such as WESCO during business on the would be on treaty reservation land. ally from each plant. reservation would be legal and this Rudzick replied that WESCO could The company has also agreed to what question would have to go to the courts not, at this time, agree to any change in company officials call a resource utili- for an answer. plant location. sation fee. Under this proposal. WESCO Rudzick explained that WESCO is an "To more the site would be too expen- has agreed to pay the tribe 37 cents a ton utility company and therefore is strictly sive to us." he said. "A change in our for every ton of coal it uses at the plants regulated by the federal company as to proposal such as that would delay the from Utah International. how much profit it can make and what project another two years. We must Claim Coal Price too Low kind of expenses it can pass onto its cus- stick with our proposed location." tomers. He added that a change in the site Utah International operates a coal field near the proposed plant site and He indicated that the company may would require the company to prepare another environmental impact state- has a contract with WESCO to furnish ment and require all kinds of paperwork the 10 million tons of coal that will be dealing with right-of-ways and custom- needed annually to fuel the plant. ary grazing areas. Page 2-The Gollup NM Independent--Friday, November 19, 1976 every other way." said an experienced Gallup pilot. A former Gallup FAA emp- Gallup-Go-Round loye characterized Vaughn the same way. adding that Vaughn. more fre- quently than most, reported weather conditions en route to the FAA for the Whole Crash benefit of other pilots and assisted whenever another flyer needed help. A local twin-engine-rated pilot says Story Untold "the only explanation" for full right rud- der trim is to maintain directional control with the right engine inoperative. He was at a loss to explain the full nose-up con- By DON GREEN, Managing Editor -Extent ui crash damage made the trol, "unless he was trying to slow the following information unavailable: en- plane down. was in a descent maybe The National Transportation Safety toward Grants." When the plane hit a gine control settings, flight control set- Board report from Washington listed as vertical ciff in near-level flight position, it tings, and positions of light switches. "probable causes" of the crash which -Both the plane's powerplants were was headed in the general direction of killed four persons as "continued VFR Grants. "high time" engines. One had run 1,679 Standard time between overhauls for flight into adverse weather conditions" hours since its last major overhaul and and "improper in-flight decisions or the other had run 1,912 hours. the type of engine on the Aztec is 2,000 planning" by the pilot. Freinds of the "The normal operation of the left hours, but engines often need overhaul- pilot, Jimmie D. Vaughn, 55, of Window magneto (in the right engine) could be ing before that time. With the aged right Rock, didnt' believe those conclusions debated That is, one engine could engine stopped and a left engine having when they were announced recently. have been operating on half of its normal half dead ignition system. a descent and the almost-complete NTSB report ignition system. might have become mandatory regard- gives the conclusions only weak support -The pilot reported to Albuquerque less of the weather. NTSB, faced with at best. Federal Aviation Administration control- contradictory evidence in the wreckage, The crash of the twin-engine Pipe lers 36 minutes before the estimated chose to believe the tachometer reading Aztec plane occurred last Jan. 6, seven time of the crash that he was level at rather than the rudder trim setting. miles southeast of Grants on a flight 8,500 feet (2,000 feet above the surface) With normal power available, an in- from Albuquerque to Gallup. Vaughn and mentioned no change nor problems strument rating and extensive night fly- and his passengers, Clare Thompson, a as late as 25 minutes before the crash. ing experience, it stands to reason that Bureau of Indian Affairs employe from -The pilot was rated for instrument Vaughn would have turned away when Window Rock; Fred Johnson, Navajo he encountered the snow. He would ("blind") flying, had flown more than tribal councilman from Shiprock; and 10,000 hours in his career. and had normally seek to gain more altitude for Donald Noble, tribal councilman from flown 2,500 hours in the type aircraft in safety and go around the weather. Lack Steamboat Canyon, were killed. which he crashed. Two thousand of his of power would be the overpowering The Independent's Dine Bureau in total flying hours had been at night. reason for his being close to the ground, Window Rock received a copy of the unless there were some kind of cockpit The report makes a great deal of body of the report this week from emergency net discernable now. weather conditions that night, in fact as- There was no alcohol in Vaughn's Washington. Although parts of the report signing as a probably cause the pilot's are missing. it indicates to local obser- blood nor any other pertinent evidence misjudgment of it. Vaughn was briefed vers that NTSB's conclusion in found in an autopsy. The report does not by on the weather an FAA employe by Washington should have been "We mentain any post mortem examination telephone, and the weather forecast don't really know what caused this acci- of the passengers. was substantially correct. Yet, the dent." Instead, the powers in Washing- He have no conclusion to draw from briefer's statement, which the report ton attributed the Vaughn crash to the the report other than to differ with any- says is "attached to this report," was not one who reaches a definite conclusion probably cause that is easiest to assume attached to the Independent's copy. when they don't really know - pilot from the information available. The re- Local pilots recall that there were fast- error. port shows that the "probable cause" moving scattered snow showers or listed in the official summary of a plane The report shows several things squalls which an experienced night pilot crash doesn't tell the whole story, is a which would fit scenarios other than could fly around. conclusiong reached from evidence that In the absence of the briefer's state- simply flying into a snowstorm and being can be conflicting and sketchy, and is put down by it. For instance: ment, it might be assumed the forecast debatable at best. called for scattered snow showers, nor- -The left engine tachometer needle The prevalent suspicion that the was missing. while the right tachometer mally not in themselves sufficient for a NTSB statistic-makersican be too quick read 2,500 revolutions per minute after "no-go" decision by a pilot of Vaughn's to assign crash causes to their favorites, the crash. qualifications. It is doubtful specific loca- pilot error and continued flight into bad -The aircraft's trim tabs were set in tions of the showers 60 miles away could weather. seems to be borne out here. the full nose up andnose right positions: be provided at Albuquerque. Further. Vaughn was known in this And local people who knew Vaughn be- lieve that the abilities and character of area as an extremely safety-minded pilot. "He was one of the most profes- the pilot were given particularly slight consideration in this case. sional and conscientious pilots. from the The Dallas Morning News DALLAS. TEXAS D. 254.96 SUN. 314,000 NOV 11 1976 Many at hearing ask HEW for child care policy By KATHY HAST voiced by social workers, educators, Other speakers expressed a need for the Chickasaw Nation said. They A sobbing mother calls a local child and social service organizations at a specific criteria other than "in the best don't realize that if things don't welfare office saying she has just se- Department of Health, Education and interest of the child" for removing a change, the child will be taken away, verely injured her child and she wants Welfare public hearing Wednesday at child. she said, adding that Indian families help. the Dallas Convention Center. also often lack legal counsel in family A: caseworker meets the mother at About 125 representatives from Many comments concerning the matters. Arkansas, Louisiana, New Mexico, qualification of caseworkers drew ap- the county hospital emergency room and the two discuss what will happen Oklahoma and Texas presented local plause from the group. Other Indian speakers stressed that and regional problems and solutions in Indian children should be placed in In- to the mother, to the child and what "A person is not qualified just be- the areas of foster and adoptive homes dian foster and adoptive homes kind of help is available to the family. cause he has a lot of degrees hanging for children. on the wall," said the director of a pri- "A child should be adopted by an In- Will the child be removed perma- Many asked HEW to instigate a na- vate social service agency. "We need to dian family or records of his heritage nently from the home? Will the mother tional child care policy and try to set look at competence instead of should be kept so be is able to partici- receive counseling? What kind? Will a up some basic standards for removing professionalism." pate in his tribe," concluded a young qualified person make the decisions a child from a home. woman from a central Oklahoma that will affect the family's future? "A national policy for the support of Representatives from Indian agen- group. What criteria will be used. the family needs to be developed along (des in Oklahoma noted several addi- Most of the speakers agreed more of And will the agency seek a solution with increased funding for preventa- tional problems special to Indian fort should be directed at preventing to fit the family's problems, or try to tive services," one participant said. homes. problems and keeping children in force the family to fit formula "It's not our responsibility to play God their homes instead of immediately solutions? and remove a child capriciously from Indian parents are not always told removing them the first time a prob These were some major concerns their home." what is happening, a representative of lem erupts. At the moment, the Wam- that state they claim as The Boston Globe panoags are not federally their ancestral land. The recognized, because they are Native American Rights BOSTON, MASS. not formally land-based. Fund is a national organiza- (MORNING) The common town land tion based in Boulder, Colo., D. 276,621 SUN. 570,834 would afford them that sta- which is funded by a num- tus, and, as close to half of ber of private organizations. NOV 1 4 1976 the people in Gay Head are Indians, they would benefit Tureen and Douglas Ran- indirectly from Federal dall, the special counsel re- Gay Head voters grants. Particularly during tained for this suit by the the winter, when jobs are town, met for three hours scaree on Martha's Vine- Wednesday in Boston to dis- yard, Federal recognition cuss the possibility of a set- will decide on could make a big difference tlement. According to for a lot of people. Tureen, the major problem "We're quite evenly divid- area involves the question ed," Winona Silva conceded. of future suits by the Wam- Indian land claim "The Indian population in panoags for more land in total here has never been Gay Head. It is conceivable told the truth about what that they could sue for other went on. They were land in town in the same By Samuel Allis schooled in white schools way that the Wampanoags The Wampanoags main- Special to the Globe tain that the land had been with textbooks written by in Mashpee have done At white men." sue in the Mashpee situat: in GAY HEAD has beon theirs long before white is 16,000 acres, which in- almost two years since the men settled on Martha's The cost of the legal battle cludes virtually all of the Wampanoag Indians in this Vineyard and that the Non- which the Gay Head resi- town and parts of neighbor- tiny town at the tip of Intercourse Act was violat- dents must shoulder also ing Sandwich. Martha's Vineyard filed suit ed when the town was in- has grown to be a factor to recover more than 250 corporated in 1870. At that leading to the inclusion of time, much of the land the article on the warrant. The article was put on the acres of common land they warrant by the Wampanoag say belongs to them which had belonged to the "The mood has changed Tribal Council after a The suit against the town Wampanoags was included here," Town Treasurer Har- motion was passed at a reg- had all the earmarks, of a as town property. old Montamat said. "Many ular town meeting in May to long, drawn-out legal battle. The odds are-good that the people recognized the hope- put the question before the Until the warrant for the town may drop its defense. lessness of the situation. voters. If it passes, it could Nov. 23 special town meet- For one thing, the balance Tom Tureen (Wampanoag end a great deal of the divi- ing was drawn up last among the Wampamoags, attorney) can go on forever; siveness which has ripped month, it was expected that who make up almost half of he has limitless funds, but the town apart since the suit the suit would consume a the 300-odd year-around res- was filed in November of good deal more time in Fed- idents, appears to be shift- 1974. eral district court. ing in favor of the claim. The Indian "There has been an ele- But now, the 180 regis- While one might expect ment of tragedy through tered voters in Gay that the Wampanoags would population in total this whole thing," Harold will be able to decide If they be united behind the suit, here has never been Montamat said. "Both sides want to keep on fighting the that simply hasn't been the made mistakes. The tribal Wampanoag claims case. told the truth about council entered the picture cle would instruct the "I was opposed to it in the what went on. They with a lawsuit instead of selectmen to take the neces- beginning, and I still am," trying an open, friendly sary steps to convey the Selectman Luther Madison, were schooled in approach, and it ended up common land back to the a Wampanoag and brother white schools with hardening the position of Indians. the other side." of the current tribal council T he land in question in- leader, Winona Silva, said. textbooks written by cluc is parts of the famous "If this suit isn't continued, white men.' Gay Tead cliffs overlooking it will still be up in the air Buzzurd's Bay, the Herring how far this thing can go. WINONA SILVA, Creek and a number of It's possible that after these Tribal council leader cranberry bogs. demands are met they will The Wampanośga are bas- be out for even more land." ing their suit against the, Selectman Helen Mann- this.town has a total budget town on grounds similar to Ing, also a Wempanoss, said of about $190,000.It's a mat- those of their brothers in "Luther is the most non-In- ter of practical necessity. Mashpee and in two Maine dian Indian in Gay Head. I We-may bow to the inevita- tribes - violations of the don't understand why any- ble." Indian Non-Interodurse Act one in Gay Head wouldn't of 1790, which mandated want the common lands giv- Tureen is a lawyer with that any land taken from In- en back to the Wampanoags. the Native American Rights dians be approved by Con- It will make us eligible for a Fund who is also spearhead- gress. In all three disputes, number of Faderal ing the suit by the Passema- the Indians allege that land quoddy and Penobscot benefits." tribes against the state of was taken without congres- Maine for 12 million acres in sional approval. Menominee Vote MILWAUKEE JOURNAL PAGE ONE MILWAUKEE. WISC. D. 103 SUN. 524,947 Might Be Rerun Special to The Journal who won the election, for bets of the Menominee War- NOV 11 1976 Keshena, Wis. - Charges what he called personal rea- sons, and he asked that Wau- riors Society. The investiga- by.Menominee County Sher- iff Kenneth Fish that there kau's name be removed from tion uncovered no wrongdo- was illegal voting in the sher- the payroll. ing by Fish. Waukau was one of four Waukau surfaced as a can- Iff's election he lost last week full time deputies overseeing didate after calling for an may force a new election, the activities of up to 70 part investigation of misconduct county authorities said here Thursday. time employes of the sheriff's by public officials on the res- Meanwhile Fish has fired department. ervation. William Waukau, the deputy Louis Dickie, Menominee County clerk, said Thursday that numerous votes appar- ently were cast by persons who were under age or non- residents of Menominee County. The area, although now called the Menominee Reser- vation, still operates under state and county election laws. Fish lost the sheriff's elec- tion by a margin of 52 vetes. A recount completed Tuesday gave each candidate one more The Scattle Daily Times vote, thus retaining the 52 vote margin. Fish said he D. 218,845 SUN. 300,628 would appeal the election to the Circuit Court. Fish has been a controver- NOV 1 1 1976 sial sheriff and earlier this year was under investigation Cigaret tax by the state after a shooting in which he killed two mem- may bring boycott, say THE PROPOSED tax violates In- Indians dian-treaty rights, said Mel Tonas- "We must warn the state ket, vice chairman of the Colville that the consequences of attempting By DEBBY W6297F LOWMAN tribes, at a press conference. to impose (the tax) will be disas- "Indians have been trying to trous. The tribes will go out of the build our own economic stability," state to make their purchases. Representatives of 20 Indian said Joe De LaCruz, chairman of "Businesses within the state will the Quinault Tribe. "We believe the be the ultimate losers." tribes yesterday threatened to call an "economic boycott" and prom- state should be helping us rather than hindering us and nickel-and- DE LaCRUZ said, "We know If ised a lawsuit if the state tries to impose a tax on Indian cigaret diming Indians to death." we don't stop It here with the sales tax they will begin taxing us in all sales. De LaCruz estimated that Indian The State Revenue Department enterprises contribute more than $1 other ways." will consider adopting rules requir- billion to the state economy through Treaties give Indians the right to ing sales tax to be paid on cigarets such things as timber sales and the set up their own tax systems on res- fishing industry. ervation lands, De LaCruz said. sold to non-Indians on Indian land at a 9:30 a.m. meeting in Olympia "Just as federal military reserva- Most of the tribes have set up, or tomorrow. The department esti- tions generate the circulation of are in the process of setting up, tax mates that the state loses about $8 money into a state's economy, so do systems, he said. the transfer of federal funds and in- "We will not agree to any form million a year through tax-free In- come generated from sales by non- of state taxation within Indian coun- dian cigaret sales. Indians to Indians," Tonasket said. try," Tonasket said. The Julsa Trimme TULSA, OKLA. D. 79,425 NOV 17 1976 Suit hits bilingual vote law unwritten or not commonly used in a written form The city of Tulsa and two school sys- tems have filed suit in federal court "THERE IS NO Indian language in seeking to overturn a federal regulation either Rogers or Osage County, which that election ballots be printed in En- is commonly used in a written form or glish and Cherokee in two adjoining which is a historically written lan- counties. guage the suit alleges. The suit, brought by the city, In- The suit claims that neither Osage dependent School Dist. No. 1 and the tribal members or other tribes in that Tulsa County Area Vocational-Tech- county have generally used a written nical School, alleges there is "no lan- language and that the Osage language guage other than English used by na- has been almost completely replaced tive American Indian population in by English. Osage and Rogers County." Approximately 50 per cent of the In- dian population of Rogers County is The suit also alleges that English is c 0 m prised of Cherokees and that the only historic written language in while a written form of that tribe's tion of a separate Wisconsin agency. BIA red tape, and some chairmen said they favor forma- Wisconsin and Minnesota Indians. They also criticized cized alleged inequities in fund allocations between chairmen of the Great Lakes Intertribal Council criti- here Thursday against the Bureau or Indian Affairs as Mole Lake, Wis. - Wisconsin, Indians declared war Indians Pledge to Battle With BIA NOV 12 1976 157,765 D. MILWAUKEE, WISC. MILWAUKEE SENTINEL those counties. language does exist, it is not commonly In 1975, Congress amended the Voting used there, the suit claims. Rights Act of 1965 to enable members "There are now Cherokees in Osage of language minority groups to partici- County who are known to be able to pate more effectively in the electoral read the Cherokee language only a process. very small number of Cherokees in Attorneys for the plaintiffs contend Rogers County can read Cherokee. no recent voters have cast ballots in Cherokee in the two countles. "THERE ARE NO traditional Chero- kee-speaking communities in either NAMED AS DEFENDANTS in the county: there are no members of the suit, for which no hearing date has Cherokee tribe in either county who are been set, are the Tulsa County Election literate in Cherokee who are not also Board and U.S. Atty. Gen. Edward literate in English," the suit continues. Levi. The schools and city contend the vast The amendment allows the use of a majority of Cherokees in both counties minority language if the U.S. Census who speak only Cherokee can read nei- Bureau determines that, more than 5 ther that language nor English. per cent of the voting citizens of a po- The suit asks that any requirement to litical subdivision are members of a provide election material be printed in language minority and the liliteracy Cherokee be voided, that the Cherokee rate of such persons as a group is lanauage be declared a historically un- higher than the national Illiteracy rate. written language and that the plaintiffs Plaintiffs' attorneys said, however. only be required to furnish oral instruc- that according to the amendment only tions in aid of registration or voting. oral instructions are required if the minority language is either historically MILWAUKEE SENTINEL MILWAUKEE, WISC. D. 167,765 NOV 11 1976 1 Housing Shortage Splits Fire Victims BILLINGS GAZETTE Special to The Sentinel BILLINGS, MONTANA Meanwhile, her eight chil- Lac du Flambeau, Wis. - dren ages 12 to 24 who were Date A severe housing shortage on still living at home have been the reservation of the Lac du housed by friends and rela- tives, she said. Flambeau Band of Lake Supe-, rior Chippewa Indians here "I'd like to be back (in her has kept a mother separated home) in 10 days, but I think Crows claim from her 8 of her 10 children It would be impossible. since the family's home was There's still a lot of work to gutted in & fire Oct. 14. be done," Mrs. Wolfe added. But efforts to renovate giant cave Yvonne Wolfe's four room bungalow are nearing com- pletion and the family should WORLAND. Wyo. (AP) The Crow Indian tribe claimed be able to move back into its jurisdiction over a 20-mile-long cave on the Wyoming-Montana repaired home in about 10 border that currently is jointly administered by the National days, according to William Park Service and the Crows. Wildoat Sr., Lac du Flambeau Roger Stops of the Crow Agency in Montana made the Tribal Council president. claim Thursday at a meeting of a Bureau of Land Management The renovation is being (BLM) citizens advisory board here. paid for by the council, Wild- Horse Thief Cave begins in northern Wyoming, but crosses cat said. the Montana state line and ties in with Montana's Big Horn While Ellsworth Gaulkey Cave. director of the Lac du Flam- beau Housing Authority, res The citizens advisory board also heard Stops say the tribe fused to comment on why the wants persons entering the cave first to obtain permission from the Crow tribe. family was not able to find temporary housing together Representatives of a firm called Virginia Nuclear told the Wildcat noted that the entire advisory group the firm has drawn up plans to mine uranium reservation faces a housing near the cave on lands to which the firm holds mining rights. shortage A spokesman asserted the firm's right to mine uranium in "We atill have people Hv- the area. ing in tents and sleeping in cars in this weather," he said. Several spelunkers also testified at the hearing, calling for Wildcat said the council is the expansion from 700 acres to 4,000 acres of protected lands near the cave. working "as best as we can" to alleviate the problem. Mrs. Wolfe has charged that the housing authority has ignored her numerous pleas to place her temporarily in either a four or five Ded-, room apartment. Mrs. Wolfe, who works at a private elec- tric company here, claims both apartments have been vacant since she lost her home. The Datlas Morning Nrma DALLAS, TEXAS DENVER POST D 311,000 DENVER, COLORADO Date NOV 13 1976 Indians Assigned Tolbert's Texas Education Funds By Associated Press Don't call the Kiowas' The U.S. Department of Health. Educa- tion and Welfare (HEW) ha earmarked nearly $218.000 in education grants for Arapahoe and Shoshone Indians in Wyo- Mrs. Longhorn a 'squaw' ming. About $50.000 will got to St. Stephens By FRANK X. TOLBERT MRS. LONGHORN was at the annual Indian School south of Lander. $125.000 SARAH LONGHORN, known as "Aunt to the Wind River Indian Education As- Sarah" to her fond kinfolks, lives in Chillicothe chili cookoff the other day, sociation, Inc., and $42,979 to the Arapa- the Hog Creek community near Ana- this event held in an almost-ghost town, Medicine Mound, near Chilli- hoe Education in Fort Washakie. darko, Okla., and she is the best cook in the Kiowa Indian nation. cothe. Sarah Longhorn wasn't cooking The grants represent only three of 42 chill. She was frying Indian bread and HEW grants totaling $4.5 million to In- Mrs. Longhorn's 76 years of age and selling it to the palefaces. dians in the SIX states that comprise the she is a grand daughter of one of the department's Region 8: Wyoming. Col- greatest of Kiowa leaders, Set-tainte or AUNT SARAH doesn't like one desig- orado. Montana, Utah and the Dakotas. White Bear, known in the history books as Satanta. (White Bear lived Sea captain, left, and fr: of nation for her fried delicacy "squaw bread." "Squaw means nothing n the Kiowa language," she said. "And 1 don't think white people are being respectful when they call an Indian woman a squaw." Mrs. Longhorn has a mind of her own. Even in the old days Kiowa men Aunt Sarah cooking fry bread. were somewhat liberated. } from circa 1805 to 1878 and for the they could get a divorce by go ag story of this magnificent warrior and a war party and returning to aL the orator see my paperback book, The tribal village. Staked Plain.) "I can cook good chili con carne, she told me. "But my specialty is blue corn stew." The Kiowas raise blue corn now. In the days when they were free-rang.ng horse Indians they bartered for blue The Jules Trilmne TULSA. OKLA. D. 79,4.5 NOV 17 1976 Creek suit ruling challenges BIA authority in Oklahoma By BILL SAMPSON THE COURT HAS ordered the happy with the decision, which he and Innovate Editor Creeks to vote on three issues before KMULGEE-The most serious chal- the constitution proposed by Chief his co-defendants, Secretary of Interior O lenge to Bureau of Indian Affairs Claude Cox and his appointed council Thomas J. Kleppe and subordinate em- can be voted upon. They are: ployes of the federal government de- authority in Oklahoma since statehood 1. Whether the tribal legislature will cided not to appeal. has been posed by a Creek Indian law- be bicameral or unicameral. suit judgment. "If these things aren't worked out. 2. Whether there will be a deputy work here will come to a halt in 1978," The case known as Harjo vs. Kleppe chief. Cox said of the tribal functions cen- was decided last September by U.S. Dist. Judge William B. Bryant, Wash- 3. Whether representation in the leg- tered at Okmulgee. ington, D.C., and has thrown the Creek islature will be based on modern geo- They may come to a halt sooner than Nation government here and its pro- graphic districts (such as Oklahoma that if the plaintiffs who won the case posed new constitution into turmoil. counties now located within the old have their way. They are Allen Harjo, Creek Nation boundaries) or on tradi- a Tulsa oil company accountant, and The judge ruled that the Creeks must tional tribal town organizations. his supporters who brought the suit restructure their government by insti- Many tribal towns became inactive because of concern over the Cox ad- tuting an elected legislature authorized after statehood but some have re- ministration's expenditure of tribal by the 1867 Creek constitution. mained functional and meetings have trust and judgment funds. The BIA's position that the old consti- begun to reactivate others since the These are funds the tribe has won in tution became invalid with Oklahoma court's ruling. claims against the government for statehood was reversed by the judge. After these decisions are made, they lands taken in the 19th century, or trust The BIA's policy of dictating to the must be written into the draft of the funds held by the government for the Creeks what it has considered to be the constitution which then must be ratified tribe, such as those derived from tribal law was called "bureaucratic imperial- by yet another tribal election. land sales or leases. ism" by the judge. THE COURT has said all this must "THE CHIEF PLEDGED some of The court made it clear that federal done by Sept. 1, 1978, or it will these funds to build the new Creek Na- agencies must respect the soverelgnty enjoin any further expenditure of tribal tion complex at Okmulgee and used and power of tribal government and them to pay for it," Harjo said. "That abide by tribal law in their dealings judgment and trust funds. with the tribes. was a major consideration in the deci- Creek Chief Claude Cox is none too sion to file the suit." Harjo ran against Cox for the chief's job in the 1975 tribal election but was defeated. The funds expenditure for the complex was an issue in that election. Harjo contended then the chief and the federal government had no authority to spend the money. Hargo's lawyers have drafted a mo- tion they believe could speed things un by a year. It asks the court to allow four court-recognized tribal towns to determine which of the original 44 tra- ditional towns are still in existence, grant each one a certificate of exis- tence. then give them until Sept. 15. 1977 to meet and choose their repre- sentatives to the bicameral legislature authorized by the 1867 Creek constitu- tion. Cont'd. corn with the sedentery Pueblo In- The sea captain sometimes com- dians of New Mexico, but they have mutes in his airplane to where the Jo- never learned to like blue corn tortil- seph Lykes happen to tie up at the end las favored by the Pueblos. of a voyage. John Potts is pictured in the attach- BLUE CORN stew was made original- ed photograph in Medicine Mound ly with buffalo meat. Now it's pork or with Jerry Reid of the Kiowas. beef with the Indian corn of sky colora- / tions and spices. The blue corn stew would be too esoteric for most. However, Mrs. Long- horn's fried bread recipe is rather sim- ple. although it can be easily botched. BILLINGS GAZETTE The ingredients are one tablespoon of shortening. three heaping table- BILLINGS, MONTANA spoons of baking powder. one pint of sour milk, one teaspoon of soda, one Date 11/13 teaspoon of salt, and enough white flour to handle easily. Knead all this together smoothly. Indians join Roll out to about one-half inch deep dough and cut into round cakes about three inches in diameter. Cut two slits in each cake, not quite all the way advisory panel through. and then fry in deep shorten- ing. same as doughnuts. CODY, Wyo. - Joe Medicine Crow of Crow Agency, AUNT SARAH and her nephew, Jerry Mont.. and John Woodenlegs of Billings have accepted ap- Reid, were the leaders of a delegation pointments to an Indian advisory committee for the Buffalo of 12 of White Bear's descendants who Bill Historical Center in Cody. and will work on plans for came to cook Indian style food, dance the Plains Indian Museum, one of four major museums at the Center. and beat the drums at the cookoff in Medicine Mound. Medicine Crow is an anthropologist and director of the John Reid, another of Aunt Sarah's Crow Central Education Commission. Woodenlegs is a mem- nephews, who drums and sings for the ber of the Northern Cheyenne Tribal Council. dancers, said that among Mrs. Long- Other members of the committee are John Warren of horn's most delicious specialties are Arapahoe, an Arapahoe language and culture instructor; bread and cakes made from mesquite George Horse Capture of Great Falls, Mont., an instructor bean meal. The cakes are flavored with and Indian curriculum researcher at the College of Great wild plums. Falls: Marie Varilek of Fort Washakie, counselor for Indian Medicine Mound village derives its college students: Lloyd New of Santa Fe, N. M., and Pete name from four mesas just to the west Red Horn II of Browning. Mont. And the crests of these mounds were Also on the committee are Dr. DeWitt Dominick, vice scenes for religious and healing cere- chairman of the Center's board of trustees: Mrs. Henry H. monies by the Kiowas and their allies, the Comanches. in the old days. (There K. Loe. board chairman, and Peter H. Hassrick, director of will be more on Medicine Mound in the Center. Sunday's column.) The organizational meeting of the committee on Nov. 3 also included a discussion of plans for a new Plains Indian MEDICINE MOUND'S neighbor there Museum building and means of providing Indian input on is- in Hardeman County, Chillicothe (pop. sues related to the display and disposition of Indian materi- 1,200) gets its municipal label from a als. phrase in the agglutinative Shawnee The new building will be designed specifically to house Indian dialect. Chillicothe translates as the Plains Indian collection A drive is under way to raise "the-big-village-in-which-welive." more than $3 million to erect the new building. Chillicothe is at least 400 miles from Among topics discussed was the controversial nature of the nearest seaport. So it is a surprise displays which utilize burial materials or religious items, but to some that John Potts. captain of the no specific recommendations were made. The consensus 23,000-ton brake bulk freighter, Joseph seemed to be that skeletons or mummies should be restrict- Lykes, chooses to make his home on a ed from public display. Gene Ball. education and informa- family wheat and cattle ranch near tion officer for the Center, said. Members of the advisory committee will serve two-year Chillicothe. The way it works out, though, Cap- and three-year overlapping terms. Their next meeting will be early next year. tain Potts only roams the world as mas- ter of the freighter for about two and one-half months and then a relief cap- tain takes over for a cruise of similiar duration. And Captain Potts goes home to Hardeman County for 10 weeks or so on the ranch. Tribal towns are traditional Creek "We have shown that the BIA and body known as the Creek National political entities that since the Creek the Interior Department have created Council. removal from Alabama to Indian Terri- an entire body of mythological law in (Tulsa's incorporation as a munici- tory in the 1830s have virtually lost any order to manipulate and in many cases geographic identity. Creek Indians rc- destroy tribal governments and we pality in 1898 was authorized by this late individually to their tribal town hope that this decision will end the de- act). heritage because of family ties to the structive practice the court called 'bu- 2. The Act of March 1, 1901. known towns. reaucratic imperialism' SO per- the Creek Agreement. The Creek vasively practiced on Indian tribes by tion. acting under pressure of the One of the towns, for example, those agencies during the last cen- Curtis Act, agreed to terminate certain was located in Tulsa and held its tury," Luebben said. tribal functions, schools, administra- meetings at the historic Council "The fraudulent body of BIA 'law' will tive offices and other activities but the Oak near 17th Street and Cheyenne not withstand the scrutiny of the constitution, chief and legislature were Ave. It no longer is active but many courts." he said. "The court found that Creeks still consider themselves to be continued "until dissolved." pre- the federal government's argument has sumably after settlement of all triba members of it. 'withstood neigher the logical. histori- claims. (Some are still outstanding). The motion also asks that Chief Con cal nor legal analysis' and that 'the 3. The Act of April 26, 1906 known as be ordered to convene the new legisla- tribe has a right to determine its own the Five Civilized Tribes Act. This pro- ture on Sept. 17, 1977 and that no trust destiny.' vided for termination of the tribal go or judgment funds be expended until ernments of the Cherokees. Choctaws. that legislature approves. The re- Chickasaws, Creeks and Seminoles but quested order would exempt federal two sections were added that saved them from extinction. HARJO AND ADVISERS-Tulsan Allen Harjo (second attorney: Gerald Wilkinson, executive director of NIYC from left) confers with officials of the National Indian Youth and Steve Nickeson, NIYC director of research. (Tribune Council who financed the case resulting in the Harjo vs. photo) Kleppe decision. They are (from left) Marcia Wilson, staff One placed all residual tribal prop- grants received by the tribes for exist- erty after allotment in the federal gov- The court cited four vital acts of ernment's hands to be held in trust for ing programs being conducted by the Congress the BIA apparently had mis- the tribes. The other continued the Creek Nation. interpreted in regard to Creek govern- tribal governments SO they could settle ment. They are: their claims. The tribal governments 1 HE CASE IS A revolutionary one in Indian affairs, according to officials 1. The Act of June 28, 1898. known as generally were reduced to a chief to the Curtis Act. It authorized allotment sign documents but they were not dis- of the National Indian Youth Council at of Creek land. establishment of town solved and the Creek constitution of Albuquerque. N.M., which financed it sites within the Creek Nation, abolished 1867 was not terminated. for Harjo and his adherents. tribal courts and established federal This is one of the least-kn The Harjo attorneys are Tom Lueb- courts. It did not abolish the Creek con- and least-understood inderal ben and Marcia Wilson, both of the stitution of 1867 or the Creek legislative pertaining to castern Oklaho the Indian tribes. It is the be NIYC staff. many modern claims the tribes nc against the government. Many Oklahomans, encouraged by BIA interpretions. believe the Five Civilized Tribes exist only as some sort of honorary recognition of their past. Due to the trust and continuance sec- tions. the tribes are still "nations" in the eyes and language of the courts. 4. The Act of Oct. 22, 1970, which provided popular selection of the chiefs of the Five Civilized Tribes by tribal members instead of selection by presi- dential appointment. This had no effect on the legislative branch of the Creek Nation government, the court said. THE COURT concluded after review- ing these laws that the "federal defend- ants, through their policies and prac- tices. have acted illegally in recogniz- ing the Principal Chief as the sole em- bodiment of the government in the Creek Nation, and that according to ex- isting federal and Creek law tribal funds may not be disbursed by the fed- eral defendants for general tribal pur- pose without the approval of the Creek national legislature.' The court said the Creek government has been "solemnly guaranteed by treaty after treaty." It said the federal government ille- gally invested tribal chiefs with the sole authority to determine tribal ex- CONTROVERSIAL CREEK COMPLEX-This is the Creek Nation head- penditures and the BIA had used "its quarters at Okmulgee, financed by tribal judgement and trust funds. Con- raw power over the tribe to bring about troversy over its financing was a factor behind filing of the Harjo vs. Kleppe that result." lawsuit. The complex contains Creek Nation administrative offices, the The court said the "current situa- council meeting room, the tribal housing authority office, a dental clinic and tion" of the chief's arbitrary power offices of the Bureau of Indian Affairs Okmulgee agency. Construction at over tribal funds was brought about by the rear of the building is an expansion of administrative office space. (Tribune "illegal policies of the Department of airphoto by Royce Craig) Interior.' THE has STRONG language of the court not been lost on other tribes which have followed the dictates of their chiefs and the BIA without ques- tion but not always without dissent. For example. Chief Ross Swimmer of the Cherokees - the nation's second largest tribe -- has asked tribal coun- sel to brief the Harjo VS. Kleppe deci- sion to be sure his administration is not The Creeks have attained a strong in conflict with the court ruling. level of government funding through grants for day-to-day tribal operations and their new complex at Okmulgee has been under expansion to accommodate this Increased activity. But Kleppe VS. Harjo is putting a stop to further expenditure of judgment and trust funds until a new legislature in accord with the 1867 tribal constitu- tion is organized and passes upon such spending. 130 Pueblo asks halt SANTA FE NEW MEXICAN to - mining In response. Apodaca formed the project NEWSPAPER task force of live state agencies, The law says that requirement which he ordered to week answers takes effect when an application IS for By Poter Katel from on effects of the project use of three acre feel of water a year The Nate - Staff The group met for the first time in or less **III prospecting. mining. or The Santo Domingo Pueblo tribal August at the Capitol in a session construction of public works. high council asked Gov. Jerry Apedaca centered on questioning of a large was , and roads. or dri "ling operations Thursday to try to delay the proposed delegation of Oxymin officials. Occidental Minerals Corp. mining It was agreed then that questions designed to discover or develop the project near Cerrillos would be submitted to Oxymin in natural mineral resources of the "In other words, we want it stop- writing state." ped," pueble executive director Henkel said the Environmental Oxymin has leased water from the Ernest Lovato told a meeting st the Improvement Agency. Energy pueblo of the council. state officials Resources Board and Frederick App, Middle Rio Grande Conservancy and Cerrillos residents, until the a Los Alamos Scientific Laboratory District to make up for depletion of company provides "clear-cut an- seismologist vhc's a volunteer con- the Rio Grande which will be caused swers." sultant to the task force, submitted by the proposed wells. Lovato declined after the meeting to questions in late August and early directly answer a question on hether September. the pueblo claims as its own the site of Grove Burnett. attorney for Con- the proposed project. cerned Citizens. said the task force During the meeting Levato said can't do its job "unless Oxymin "that whole area" has a "certain cooperates.' significant importance to Indian Information "tas just not been people." He added, "I will not NO into furthcoming from Oxymin." Burnett detail on that." said. Director Fabian Chavez of the state He said the absence of Oxymin from Department of Development (DOD) the meeting was a "wevere discour- told the meeting he'd relay the tesy" to the pueblo and the task force. equncil's request to Apodaca today. Chavez said later in response to that Chavez added the warning that comment that Oxymin had been in- Apodaca can't order a delay in the formed of the meeting but had not project, and that Oxymin is under no been consulted on the setting of the obligation to comply with a request. date and 166024 oi the session Chavez Oxymin has leased the mining site added that he sometimes misses of approximately 220 acres from a meetings. rivate land-owner, David Henkel of Burnett pressed Chavez hard to the DOD told the meeting officially request. as chairman of the Chavez. the chairman of a state task force. that Oxymin caasa the task force charged with studying the project until questions; have been project, also said he has to tread answered FORD carefully to avoid being sued for "I have to consult with the gover- j obstructing private enterprise. nor." Chavez replied. "We have to be There were no Oxymin represen- cautious that what are doing cannot latives at the meeting Robert Akright be interpreted down the road as ob- of Oxymin, the Cerrillos project struction manager, couldn't reached later He added that the state Supreme for comment Couli has eliminated hulli investity Apodaca said put in June that for government officials found to be he would try to stop project until "arbitrary and abusive" in doing Ogymin "satisfacione" answered their jobs. questions on the safety and en- Burnett indicated that the clearest vironmental effects of the project. legal "handle" on Oxymin is the Henkel told the meeting that company's obligation to seek a well Oxymin has yet to answer three sets drilling permit from the State of questions on the project Engineer's office. and Heaket sand Oxymin has in- Burnett said, We have every in- Revened $ 10-ptons off a test tention of filing a protest of that ap. emplosive blast Dec 1 plication and fighting it The mining method Oxymin plans Jim Williams of the State to use near Cerrilles involves Engineer's office and Oxymin hasn't blasting. and "leaching" copper to the applied for the permit ,VCI ground surface with sulphuric acid. He added that the company is ap. CorriMos residents fearful of the parently in a position to apply under a attects of the project. particularly on state law which requires that permits their water supply, formed an be granted If the State Engineer 410m-Concerned Citizens of "tinds that the proposed use will not Cerrillos- which petitioned Apodaca permanently impair any existing for help in June. (water, rights of others" For The Seminoles And Thanksgiving: Store-Bought Bird By GEORGE De VAULT Staff Writer Back in the early winter of 1621. the aughty Wampanoag: hieftam Massasoit got a dinner Invita- tion from his new neighbors. The surviving Plymouth colonist wanted men Indian benefactor to help celebrate their tirst harvest - the result of his bnsic-agriculture course with a teast of vild turkey, geese. duck, wood pigeons, partridge. hoc cakes and Indian pudding The chief said he'd be glad to attend, but apparent- ly neglected to mention that 90 of his braves also relished a free feed. The unexpected hungry horde soon depleted the Pilgrim's food stores, but the Wampanongs weren't done with dinner. They disappeared into the neare woods. 50 the regend goes, and returned before long with five deer and many bushels of oysters - enough chow to keep the party going for three days. Massasoit and friends apparently had the right idea, because their feast is still going on 355 vears later. The present day Thanksgiving turkeys, however, are a far cry from those of 1621. which some his- torians argue never graced the trestle tar at Plymouth because the Pilgrims we such lousy shots they couldn't even hit the broad side of the Mayflower let alone a wily gobbler Turkeys, for the most pa.:. JW come prucked. dreased and neatly packaged complete with their own carrying handles - from the frozen foods section of the supermarket. Althou à the Seminole Indians of South Florida bily cir ancestors know Massasoit or the Wame panaag, the Thanks rubbed off on them. Years the Seminoles used 10 have the Green 'orn Feast, tour days of alternate teasting and fasting and all mght dancing in July, but nearly all have bandoned it. Now. says Dan Osceola, great-great grandson of the famous Seminole chief, "it's just the regular (turkey and cranberries). Staff Paoto by Heary Fictuner On Thanksgiving. Seminole randles are no dif- For Anni- Jimm.-, The insgiv will be frozen turkey, ferent than other folk- cranberries, egg not a mincement pie. Cont'd ting down 10 Fnank giving Jinner tomorrow in small private roups, many emmoles will turing "Families just K"I together says the 11 110 first Osceola That's whill We only do Indian Bapth Stirling Thanksgiving fare the for Road. Senanole matron Annie Junen who Each year. apod. Indians seldon: breaks from her native some with then own enison of fresh tongue, will be 1 trozen turkey with shot turkey show 114) the annual dressing and cranberry share "R assemblage as Il cotates between nog and mincement ple Hollywood, Brighton and BIR Cypress A few other Semmoles, however reservations savs the Rev Genus WIT be dining on fresh venison from Crenshaw the Everylades reservations and pos Besides the traditional turkey and sibty some wild turkey. although they trimnangs, Crenshaw says there's is any the birds are becoming increas always some fried chicken available, ingly scarce "because some of them don't care for But while most people will be sit- turkey. 6A. Minneapolis Tribune Fri., Nov. 19, 1976 Study: Minorities jailed more often By Doug Stone Staff Writer findings in a study earlier this year of municipal court. opposed to a modified sentence, which may include a short-term American Indians and blacks are twice as likely as whites to be The first part of the study ana- incarceration combined with a pe- lyzes 3,390 convicted felons sen- riod of probation or residential sentenced to jail for felony con- tenced between 1973 and 1975, or treatment). victions in Hennepin County Dis- trict Court, according to a com- more than 90 percent of the total prehensive study released Thurs- convicted during that period. The study made no charges of racial discrimination against the day. Twenty-five percent of the con- judicial system, nor did it offer victed Indians received straight explanations for the disparity in The study also found that, unex- plainably, minorities represented jail sentences, compared with 20.7 sentencing, saying, "The actual percent of the convicted blacks cause of the difference is open to by the Hennepin County public and 10.8 percent of the convicted conjecture." defender's office are more than four times as likely to receive whites. There were 2,601 whites, But. Grams and Ms. Rohde noted 610 blacks and 179 Indians in the that "the substantially greater straight jail sentences than are study. likelihood that American Indians whites represented by the office. and blacks receive straight jall In addition, minorities represented The second part of the study fo- septences than whites for the by the office are more than three cused on 482 convicted felons in same crime seems inconsistent times as likely as minority-group 1975 in an effort to analyze the with the constitutional require- members who have private attor- effect on sentencing of such fac- ments of equal treatment under neys to receive jail sentences, ac- cording to the study. tors as the type of crime, criminal the law." record, marital status, occupation and educational level. Taking all The study of the 3,390 felons The two-part study was prepared those factors into account, the found that, taking into account of by Augsburg College sociologist Robert Grams and a researcher, study found, minority members the person's race, crime and pre- are still twice as likely as whites vious convictions, "neither marital Rachel Rohde, in conjunction to receive a straight jail sentence. status, occupational prestige nor with the 19 district judges and the years of formal education are sig- department of court services. The (A straight jail sentence means a nificantly related to serving a two researchers made similar definite period of incarceration, as straight jail sentence." Jontd The second study of a smaller thoroughly as they should," the group of felons last year con- study said. firmed those findings and elabo- rated on them. The study also suggested that per- haps "the unintentional racial bi- It found that minorities are more ases of people involved in the likely than whites to receive jail decision-making process are opera- sentences even when the sentence tive or reinforced in those cases recommended by the probation where the offender does not hire officer in a presentence report or a private attorney." by the prosecutor and defense attorney as part of a plea negotia- The combination of the defend- tion. Judges often follow those ant's race, his illegal behavior and recommendations. The vast ma- his "inability or unwillingness to jority of defendants plead guilty obtain private counsel, encourages to crimes rather than stand trial. decision-makers to see rehabilita- tion programs involving proba- Racial disparities in sentencing tion, residential care or a modified are not present, the study said, jail sentence as inappropriate," when private attorneys handle the study said. cases. But the study of the 1975 felons found that 34.5 percent of If either explanation is correct, the 139 blacks or Indians repre- sented by the public defender's the authors said, the relationship office received jail sentences. That between race and sentencing is because of "unintentional blases" compares with 7.9 percent of the of the court's decision-makers. whites represented by the office. In contrast, only 10.3 percent of William Kennedy, chief Hennepin the 58 minority-group members in County public defender, was not the study who were represented available for comment yesterday. by private attorneys received jail sentences. Thomas Lavelle, assistant director of court services, who worked When other factors such as crimi- with Grams on the study, said nal records and type of offense yesterday, "I keep looking for are considered, minority-group some clear explanation (for the clients of the public defender's results). I'm frustrated. We don't office are three times as likely as have data that show differences their white counterparts to re- in a defendant's motives or atti- ceive a staight jail sentence, ac- tudes or on what resources are cording to the study. available in the community (as opposed to jail)." The differences are not explained in the study. There is no accusa- He said it may be impossible to tion that some public defenders determine the factors that account mishandle cases or that judges for the differences in sentencing look less favorably on clients rep- among racial groups. Lavelle said resented by public defenders. that his department will study the report and that as a result proba- The authors suggest that consid- tion officers will give careful con- eration be given to the possibility sideration to their sentencing rec that some public defenders may ommendations. treat cases involving blacks and Indians differently from whites. District Judge Allen Oleisky, who "For example, they might not headed the judges' committee re- pursue their role as advocate as sponsible for the report, said the district judges will examine the study "to see if we are doing anything wrong. There are intan- gible factors in sentencing that we didn't hit, such as a defend- ant's contacts in the community." He predicted that judges would be sensitive to the study's findings and would examine their sentenc- ing procedures. Chief District Judge Donald Bar- beau reserved comment on the report until he has studied it. Indian Record October-November 1976 Interior Committee Being tee members include: Lee Metcalf-Mont., Gaylord Nelson-Wisc., Lloyd Bentsen-Tex., Lawton Chiles-Fla., Studied by Senate Frank Moss-Ut., Clifford Hansen-Wyo., Barry Gold- water-Ariz., Bob Packwood-Ore., Pete Domenici-N.M., The Senate Committee presiding over the interests and Jesse Helms-N.C. of the Department of Interior may receive a redefinition NATIVE AMERICAN AWARENESS WEEK, 1976 of duties and jurisdiction. By the President of the United States of America The Interior and Insular Affairs Committee, now chaired by Sen. Henry Jackson, D-Washington, is being A PROCLAMATION studied to see if revision would make it more effective. It is especially appropriate during our Bicentennial The analysis is being undertaken by a special com- Year to recall the impressive role played in our society mittee put together earlier this year by the Senate itself. by American Indians, Eskimos, and Aleuts. Native Descriptively entitled, "The Select Committee to Study Americans have made notable contributions in educa- the Committee System," the committee was organized as tion, law, medicine, sports, art, the military, science and a short term study group to examine the structure, juris- literature. diction, number and optimum size of all the Committees The culture and heritage of our native Americans and subcommittees within the Senate. are unique. In renewing the spirit and determined dedica- The ultimate goal is to make better use of Senators' tion of the past 200 years we should also join with our time and effectiveness. native Americans in rebuilding an awareness, under- The review committee, after six months of study, standing and appreciation for their historical role and has said it will recommend a substantial number of future participation in our diverse American society. We changes for the Senate's 23 Committees and nearly 150 subcommittees. Some committees might be combined in order to al- leviate overlapping jurisdictions. Senators will be asked to sit on fewer committees so they might specialize and devote more time to their chosen interests. The Senate will be asked to create two new entities, The Human Resources Committee and a Committee for Energy and Natural Resources. These committees would absorb the jurisdiction of the Interior and Insular Affairs Committee. The Bureau of Indian Affairs would then be divided between the two committees with most of the BIA programs falling within the perimeter of the Hu- man Resources Committee. All trust obligations would naturally remain within the Energy and Natural Re- sources Committee. A third component of the proposal is to place all In- dian Claims matters within the jurisdiction of the Senate Judiciary Committee. The Review Committee says it will offer details in a November report to the Senate. Chairing the review committee is Sen. Adlai Steven- President Ford greets Indian leaders in Lawton, Okla., after signing proclamation designating Native American Awareness son, D-III. Co-Chairman is Bill Brock, R-Tenn. Commit- Week. should do so with the same spirit and dedication which, I am today designating Bradley H. Patterson, Jr., Dr. Demmert was one of several speakers at the Demmert conceded that his advocacy of allowing fostered with reliance on Divine Providence and with of the White House Office to assist me in the area of eighth annual conference sponsored by National Indian local tribal officials to run the schools is surely a threat firm belief in individual liberty, kindled and made a real- American Indian affairs. It will be Mr. Patterson's spe- Education Assn. of Minneapolis, Minn. The conference to BIA officials who now run the schools. However, the ity of the hopes for a new life for all who inhabited this cific responsibility to work with each of you to improve is being held at Albuquerque Convention Center through officials should look toward changing their roles from land. the coordination among the Federal agencies with pro- Thursday. directors to assisting local officials, said Demmert. In recognition of the importance of the contribu- grams that serve the Indian people. About 4,000 to 5,000 conferees are expected at the "It means a major change in our role as bureau- tions made to our many-cultured society by native Amer- It is important that you insure conference. Approximately 2,000 were at the opening crats. It means the monitoring, technical assistance, icans, the Senate (September 30, 1976) and the House of the effective delivery and efficient session Monday morning. Afternoon workshops used evaluating, coordinating role, because if Indian educa- Representatives (October 1, 1976) have requested that operation of Federal Indian pro- every available room at the convention center. tion is to succeed and even survive, the Indian commu- the President proclaim the week of October 10, 1976, as grams and services. I request that Sen. Joseph M. Montoya, D-NM, Albuquerque nity must accept no less." Native American Awareness Week (S.J. Res. 209). priority attention be given to coor- Mayor Harry Kinney, and Delfin Lovato, chairman of NOW, THEREFORE, I, GERALD R. FORD, dination of these efforts among He explained that the process he advocates has al- President of the United States of America, do hereby the Departments and Agencies and the All-Indian Pueblo Council, were among the morning ready begun. Plans are, he said, to have Haskell Indian within the Executive Office of the speakers. Kinney and Lovato gave welcoming remarks. Junior College (Haskell, Kans.), Southwest Indian Poly- designate the week beginning October 10, 1976, and end- President. Montoya gave the opening address. technical Institute, and Institute of American Indian ing October 16, 1976, as Native American Awareness Dr. Demmert, who took office as director of Indian In addition, I request you con- Arts be made independent and run by regents. Week. tinue to insure that when Federal education last March, said changing to locally-controlled I call upon all the people of the United States to actions are planned which affect Indian education would require active participation of join in observing this week with appropriate ceremonies Brad Patterson teachers, students and members of Indian communities. Indians Charge Tribal Rule and activities. Indian communities, the respon- IN WITNESS WHEREOF, I have hereunto set my sible Indian leaders are consulted in the planning process. Undermining hand this eighth day of October, in the year of our Lord By Jim Largo, Albuquerque Journal, Sept. 29, 1976 nineteen hundred seventy-six, and of the Independence of the United States of America the two hundred and Community-controlled Indian schools that are first. funded directly by the Bureau of Indian Affairs and THE WHITE HOUSE Shifts Urged in Education for other federal agencies are "undermining" tribal sover- eignty as recognized through long federal-Indian rela- Washington Indians tionships, said a tribal group and a BIA official Tuesday. August 26, 1976 "The BIA and other federal agencies must not cir- By Jim Largo, Albuquerque Journal, Sept. 28, 1976 MEMORANDUM FOR: The Secretary of the Treasury cumvent the tribal councils of federally-recognized The Secretary of Defense tribes when granting monies or contracts for all services, The director of Indian education programs for Bu- The Attorney General including educational programs to Indian people," said reau of Indian Affairs said Monday authority and re- Larry Snake, a member of the education committee un- The Secretary of the Interior sponsibility for educating Indian children should be given der the National Tribal Chairman's Assn. The Secretary of Agriculture to local community leaders. "To do otherwise undermines and erodes the sover- The Secretary of Commerce Dr. William Demmert said the Bureau of Indian Af- eign status of the federally recognized tribes," said The Secretary of Labor fairs should get away from running schools for Indian The Secretary of Health, Snake. His comments were heard in a workshop panel people and let local Indian officials control their chil- discussion at the National Indian Education Assn. con- Education, and Welfare dren's education. vention in the Albuquerque Convention Center. The Secretary of Housing and Demmert said, "Our best information tells us that Lafollette Butler, assistant area director in the Urban Development one way to improve education programs serving Indian Phoenix Area Office, said some BIA officials, out of con- The Secretary of communities is to give program authority and respon- fusion over federal "war on poverty programs," allowed Transportation sibility to school superintendents and principals. The Director, Office of Indian groups below tribal leadership to deal directly for "That would ensure community direction through funds with federal agencies. Management and Budget authority over policies concerning budget and program The Chairman, Civil Service "The bureau, I think it is fair to say, particularly direction from representatives of tribes whose children Bill Demmert and Sen. Joseph Montoya share a relaxed Commission on education, created entities below tribal government are being served." moment before assuming the podium at the National Indian He explained that "meaningful interaction" between Education conference in Albuquerque. and dealt with those entities in the name of 'self-deter- The Administrator, Small mination' and 'community control' and bypassed the Business Administration school and community officials would make better local legitimate tribal governments," he said. The Administrator of school systems than the ones now being run by govern- "It is this practice of bypassing tribal governments Veterans Affairs ment officials under the direction of Washington bureau- "It is a process that allows a cooperative working that weaken their ability to govern," said Butler, who The Director, Community crats. relationship between parents, teachers, and students is a member of the Cherokee tribe. He spoke at a work- Services Administration "Once that becomes a reality, the most critical fac- through the experience of education. This process must shop session. The Administrator, tor of program quality and success becomes teacher con- allow for training teachers to act as a conduit for pulling In discussing the same topic, some members of the Environmental fidence and commitment. This means training and together classroom activities that are important to the education committee under NTCA, including Snake, de- Protection Agency inservice programs to ensure not only dedicated but community." manded that the BIA deal with tribal governments in The Acting Chairman, Equal highly skilled educators where needed. During school year 1975-76, the BIA directly sup- granting funds to local Indian school boards and other Employment "Where we have teachers with appropriate skills, it ported 193 schools. About 46,880 Indian students at- local Indian organizations. Opportunity Commission means success is dependent on their using those skills to tended the schools; the largest number came from the "We insist that BIA education comply with the In- The Governor, Farm Credit pull programs together that meet the objectives jointly Navajo reservation. BIA had 77 boarding schools and dian Self-Determination and Education Act (PL 93-638) Administration set by professionals, parents, tribes and students." 116 day schools. by awarding direct monies to 'Indian organizations' only with expressed consent and approval of the tribes," said tween the federal government and individual Indians, civil service retirement system. I believe that this approach Joe Abeyta (Santa Clara Pueblo), Superintendent Snake, reading from a position paper. except through tribal governments." will result in inequities and added costs that far exceed of Albuquerque Indian School; Linda Belarde (Tlingit), Orick Baker, chairman of Lac Que Oreille tribe in But BIA officials in 1969 and 1970 "did not under- the problem it is attempting to solve-a problem which teacher at Zuni Alternative School, New Mexico; Wes- Wisconsin, said, "You people should consider what might stand the unique relationship" and began to apply poli- is already being addressed through administrative actions ley Bonito (Apache), Tribal Director of Education; Cal- happen when we have community-controlled schools un- cies for federal assistance programs for the poor to the by the agencies involved. vin Isaac (Mississippi Choctaw), Tribal Administrator; dermining the sovereignty of the tribes. BIA's relationship with Indian tribes, said Butler. H.R. 5465 would provide windfall retirement benefits Earl Oxendine (Lumbee), Principal of Upchurch Jr. "We have advocates within our various groups say- "Some administrators of BIA education programs to a relatively small number of the non-Indian employees High School, Raeford, N.C.; Paul Platero (Navajo), ing we should have independent school boards. Yet tribal began applying in regard to bureau programs the concept of these agencies. The Indian employees and other non- Associate Director of the Native American Materials members come to me and say if we want these educa- of 'self-determination' and 'community control' to en- Indian employees in these same agencies would not re- Development Center in Albuquerque; Donna Rhodes tors to run this reservation, we ought to elect them. tities below tribal government level," he said. ceive these benefits. The eligible employees are not in dan- (Creek), President of Indian Women Consultants, Inc., "They say, we elected you, and you ought to make He explained that antipoverty programs, such as the ger of losing their jobs. Because they may face a limited Tulsa, Okla.; James Sappier (Penobscot from Maine), the policies for this tribe," he said. Office of Economic Opportunity, were conceived for the outlook for promotion, the bill would pay these employees Development Coordinator of the Passamaquoddy Tribe; Butler explained that direct BIA and other govern- poor people who were being overlooked by school pro- costly annuities even though they had completed sub- Thomas Thompson (Blackfeet), Teacher Corps., Eastern mental funding to community-controlled schools resulted grams. "School systems and school curriculums were stantially less than a full career. Payments could be made Montana College; Minerva White (Mohawk), Director from confusion over the philosophy of antipoverty pro- designed for middle and upper class students," he said. at age 50 after only 20 years of Federal service, of which of Native American Special Services, Canton, N.Y. grams designed for non-Indian minorities. "The social engineers who structured the education as little as 11 years need be Indian-agency service. Their Reappointed to the 15 member Board were: Patricia He pointed out that Public Law 93-638 in several portions of antipoverty programs started with the prem- annuities would be equivalent to the benefits it would take McGee, David Risling, Ted George, Ellen Allen and paragraphs specifically recognized tribal governments as ise that public schools were insensitive to the needs of the average Federal employee until age 60 and 27 years of Will Antell. being the official head for individual Indians on reserva- children of poverty," he said. service to earn. tions. Butler is recognized to be in contention for the Passage of the Elementary and Secondary Education This would seriously distort and misuse the retirement next Commissioner of Indian Affairs. Act was meant for poverty stricken children, and it system to solve a problem of personnel management for Agreement With Alaska dealt with people "below legal governmental entities," which there are far more appropriate administrative solu- Arctic Slope Regional such as school districts. tions. The Departments of the Interior and Health, Edu- "Communities then, that is, entities below the level cation, and Welfare have established special placement Corporation of governmental entities that had been established, were programs to help non-Indian employees who desire other given an opportunity for 'self-determination,'' he said. jobs. I am asking the Chairman of the Civil Service Com- It was a happy day for one Alaska delegation when mission to make certain that those placement efforts are Interior Secretary Thomas Kleppe began the movement Veto of Bill Concerning Certain rigorously pursued with all agencies of the Federal toward transferring land back to their regional corpora- Government. tion this August. Alaska's 12 native corporations are Employees of the Bureau of Further, these Departments assure me that many non- entitled to about one-eighth of the state under the Indian employees continue to have ample opportunity for Alaska Native Claims Settlement Act of 1971. Indian Affairs and the Indian full careers with Indian agencies if they so desire. Accord- Kleppe put his signature on an agreement that will Health Service ingly, H.R. 5465 represents an excessive, although well- make it easier to weave through the complicated paper- motivated, reaction to the situation. Indian preference work involved in the massive land transfer. does pose a problem in these agencies, but it can and The Alaska Arctic Slope Regional Corporation was The President's Message to the House of Representatives should be redressed without resort to costly retirement the first of the native organizations to work out an ad- Returning H.R. 5465 Without His Approval. benefits. ministrative approach with the Department of Interior. September 24, 1976 Kleppe commented, "This agreement will remove legal I am not prepared, therefore, to accept the discrimina- obstacles to conveyance of about four million acres of To the House of Representatives: tory and costly approach of H.R. 5465. land, about 10 per cent of the 40 million acres due to I am returning, without my approval, H.R. 5465, a GERALD R. FORD bill which would provide special retirement benefits to The White House, certain non-Indian employees of the Bureau of Indian September 24, 1976. Lafollette Butler, Assist. Area Dir., BIA, Phoenix. Affairs (BIA) and the Indian Health Service (IHS) who are adversely affected by Indian preference requirements. I strongly support the objective of having Indians ad- As the ruling body, said Butler, the tribal govern- minister the Federal programs directly affecting them. I White House Appoints New ments should receive the federal money, and through am familiar with and understand the concern of non- Board Members to the "prioritization" disburse the money to tribal organiza- Indian employees of these agencies about their long-term tions, including the contract schools. career prospects because of Indian preference. But H.R. National Advisory Council on "This tribal prioritization is far from perfect, but 5465 is the wrong way to deal with this problem. it constitutes an effort to place control in the hands of This bill is designed to increase employment opportuni- Indian Education tribal government in ordering of program priorities," he ties for Indians by providing special compensation to said. non-Indian employees in BIA and IHS who retire early. New Board members to the National Advisory Historically, Butler said, Indian tribes have been It seeks to accomplish this purpose by authorizing pay- Council on Indian Education (NACIE) were announced recognized as individual governments with sovereign ment of extraordinary retirement benefits under certain at the NIEA conference in Albuquerque, New Mexico powers whch are limited only by some acts of Congress. conditions to non-Indian employees of these agencies who before it convened October 1. Signing of agreement. Front row, 1. to r.: Cong. Don Young "The federal Indian relationship is a government-to- retire before 1986-benefits more liberal than those avail- New members appointed by the White House in- (Als.), Comm. Morris Thompson, Joseph Upicksoun, Ron Cole- man, Secy. Thomas Kleppe & Jake Adams. Back row: Oliver government relationship. There is not a relationship be- able to any other group of Federal employees under the clude: Leavitt, Larry Dinneen & Curt Burklund. the Alaska Natives under the Act," Secretary Kleppe Historically, boxing had taken a nosedive in the Bu- said. "We expect when the actual conveyance is made, reau following a period when young athletes were per- Chick and Smokey- They were born Lorraine and Yvonne Augare. Sisters. But the world knows them as "Chicken" and hopefully within a few months, it will constitute the mitted to fight out of their weight bracket or experience Girl Truckers "Smokey." Is anyone ever called by their right name in first major conveyance of land to an Alaskan Native class. Beginners were allowed to square off against ex- Indian Country? Matter of fact, the nickname for Chick- Corporation under the historic legislation which was perienced fighters and the results were not conducive to The harsh job of repairing roads in the stubborn en's nickname is "Chick." signed into law in December 197." good boxing. The sport was abolished from Bureau Montana terrain lasts only as long as the summer sun. Chick and Smokey walked into the agency one day Kleppe said he also had his people working out a schools. Then winter smashes hard on the land, heavy equipment and signed up for construction work. While some of the method that will allow the Department to transfer lands But five years ago, the Phoenix Area received per- is hibernated and the road crews gather in a dusty bar sisters were worrying about breaking a nail or how short to the other Alaska Native Corporations in spite of cer- mission to conduct a well-supervised program based on somewhere to talk about winter employment. to cut their hair or how to organize the womens' move- tain pending litigation. stringent guidelines concerning the health and well-being It's almost that time again. Pretty soon, Chick will ment Chick and Smokey were out there building The Alaska Native Claims Settlement Act provided of the student fighters and the Stewart Camp literally be making her last run in her ten-ton, twenty yard truck. roads. Driving truck. Making union scale. for a cash settlement totaling $962.5 million, to be paid took off. Smokey is already gone. They do all right. over a period of years, plus selection by the Natives of "It's unbelievable," says Rolly Swartz, manager of They come out of Blackfeet country. Hell bent for about 40 million acres of Federally owned lands in the U.S. Olympic team, "these kids have very little ex- driving cattle and hauling hay. Their mother has a ranch Alaska. perience or history in the sport and they come in here there and from the time they could stand up to a grass- and win on sheet heart." hopper's leg, they were doing outside work right along Dennis and Turner have been winning pretty steady Loretta Helle, Only Eskimo with their brothers. They've worked farm equipment all They're Knockin' 'Em Dead! since those words were spoken and racking up some their young lives. (They're both under thirty and that's Physician high class experience. all you'll get from here.) During the last school year, when Turner was a Admidst screaming cheers and wildly applauding The tiny student body in Nome, Alaska could barely senior and Dennis a junior, they tore up the ropes and fans, two young Indian athletes at the Stewart Indian muster 35 kids. The graduating class consisted of nine canvas around the country. They racked up wins and School in Stewart, Nevada have skyrocketed student- which certainly shortened the commencement exer- credibility at the Pacific AAU Championships, the West- body morale, surprised officials in the Amateur Athletic cises. It doesn't take too long to hand out nine dip- ern Regional Golden Gloves, the National Indian Boxing lomas. Union, thrilled sports fans in the western states and Tournament, the National AAU Tourney and the West- inspired a boxing revolution in Indian country. In that small cluster of students waving high school ern Regional Olympic Trials. The flashing gloves of Adrian Dennis and Billy degrees were the clenched hands of a young girl deter- Both fighters made it to the Olympic finals in Cin- Turner have turned the Stewart School into the foremost mined to become what very few of her background had cinnati, Ohio where Adrian Dennis had the fans in ever achieved in the white world. boxing camp in the Bureau School system and almost pandemonium when he narrowly lost a decision to Louis gave the United States Olympic Boxing team its first Today, Loretta Helle is the only Eskimo physician Curtis of Washington, D.C. He would have been the Indian contestants. in the country says the Alaska Federation of Natives. first American Indian to represent the United States in It all began several years ago when Ray Sorenson, At least as far as they have been able to determine. the Olympic ring. Turner had been knocked out of an Assistant Director for Education in Phoenix and his staff There were sacrifices. When one knows one has got earlier Olympic bid by New Yorker, Howard Davis who assistant, Farrel Whitey sat down and put their heads to be a doctor and there are no courses even remotely went on to win a Gold Medal in Montreal. geared to that dream there is that realization that together. (Whitey has since become Principal at the Turner, a 19-year old Paiute from Bishop, Califor- Gilla Crossing Day School.) William Whipple, Program you're going to have to study harder, desire more in- nia, has since turned pro with six professional bouts Administrator at Stewart formed the third member of a tensely, and give up more of everything in pursuit of under his belt this summer. He's won five out of the six. three-man team which tried to rebuild a foundation that that goal than others who may have easier access to He also entered the University of Nevada this fall major- would support good boxing safety and sportsmanship for chemistry, mathematics and laboratories. ing in Physical Education. young Indian pugilists. They wrote up guidelines and reg- Max Bieberman knew about the intense goal of Dennis is back at Stewart for his final year and is ulations for boxing in the Phoenix Area. Loretta Helle. And as the math teacher at Nome High still inciting crowds to riot. He'll garner some interna- Lorraine "Chicken" Augare in her ten-ton truck. School, he stayed after class with her and offered extra tional experience this fall when he travels to Poland as math courses for her and another student. He encour- part of a United States boxing team. The Americans will aged that dream. see action in three major cities. Still deficient in so much, Loretta Helle had to pull It's not unlikely, however, for the 17-year old Hopi together every ounce of self-discipline, organization and from Flagstaff, Arizona, to have the fans on their feet study time she could find to overcome what was called, shouting his name it's just part of his style. "a poor academic background." She allowed herself one night occasionally for relaxation. "I would go out and howl," she says. Because she knew she had to hurdle such severe obstacles, she reached out. "I was never bashful to admit I was dumb and needed help. If you let them know that you need help, they're willing to bend over backwards to help you." Still, medical school is heartbreakingly hard to get into. She was advised at Washington State University to prepare for another profession to fall back on. She stud- ied for an extra summer and picked up a degree in bac- teriology and public health as well as one in the basic sciences. And with that added touch, she landed a job as a lab technician in a Seattle hospital. While working nights and weekends she did get into medical school Billy Turner Adrian Dennis Yvonne "Smokey" Augare with her paver. and put herself through. Nine years of rigid discipline and numbing sacrifice of Al Trimble who retired from the Bureau of Indian achieved what she had always wanted to do. "There's Affairs to become Chairman of the Oglala Sioux Tribe. something really satisfying about having somebody come She is also sister to Shirley Trimble Plume who heads in to you with an injury or health problem of some kind, the BIA Standing Rock Agency at Ft. Yates, North Da- and you sitting down and diagnosing it and treating kota. And of course, she is sister to Charles (Chuck) it and watching the patient respond. You really feel Trimble who is Executive Director of the National Con- like maybe you've accomplished something." gress of American Indians. After five years in private practice as a General And at least one of the Zephiers is related to Sid Practitioner, Dr. Helle went back to school again. This Mills, Executive Assistant to the Commissioner of In- time for a law degree from the University of California dian Affairs, somehow. at San Diego. Today, she does counseling and practices This story however is about none of the above. It industrial medicine. is about Sherwin Zephier who is the son of well-known Her advice to students? "Ask questions and artist, Adlebert Zephier. (And Adelbert is first cousin never be afraid to ask for help," she says. "Don't stand to Antoine and Alvin R. Zephier. Antoine is the father 1 back. Just don't stand back." of Harley, Andy and Richard G. Remember them? And Alvin R. is responsible for little Richard L. Not to be ) confused with Richard G. Right?) Now back to the story: Sherwin is an aspiring young artist who just won a nationwide poster contest sponsored by Brigham Young University. The Zephier poster, which supports an anti-alcoholism drive, will be reproduced and distributed to Indian Centers, half-way houses, high schools and reservations courtesy of the Lockheed Missile and Space Company. Nineteen-year-old Sherwin, who was honored in special ceremonies at BYU, is in his last year as a mid- dle-college student at the BIA's Institute of American Indian Arts in Santa Fe. He will receive an Associate Gladys and Charlie of Fine Arts Degree next year and has indicated he Where the Swallow's come home to roost would like to go on to become a physical education There's Lots of Action. teacher. He was a Golden Gloves boxer in high school. There is a little more to this story as related by the active typewriters in the BYU Communication Depart- Gladys Swallow Leaves the Tribal Chairmens Association where she has accepted a ment Second place winner in the poster contest was Wilbert Talashoma of Tuba City. John Womer of position. Bureau The other half of her team, Charles, is the new Nespelem took Third which just might relate the rest of the BIA to the world of art. bank president at the American Indian Bank which has Loretta Helle, Eskimo physician. The soft spoken voice at the end of number 202- its office of sleek carpets and hushed voices a few blocks 343-5116 is gone. Gladys Swallow, who used to say, down the street from the BIA. Charlie, as he's called, Sherwin Zephier Wins "Good Morning, Commissioner's Office," is no longer also worked for the Bureau (didn't everybody?) before your public servant. (She also used to say, "oh, god" defecting to the world of high finance. Poster Contest a lot too under her breath.) Gladys Swallow was the Commissioner's secretary If the Yankton Sioux Zephiers ever incorporated, and it was her specific duty to remain calm while the they could probably keep the Bureau of Indian Affairs rest of the world was going to glory in a handbasket. in-house as sort of a family run enterprise. Gladys retired. And now the rest of the world There is Harley Zephier, a low-keyed reserved figure 1 has gone to glory etc., etc. who holds the post of Area Director in Aberdeen. His She was quiet, serenely beautiful and had the best brother, Richard Gene, holds down the Tribal Opera- laugh in the world, Boy, could she ever make you feel tions office in the same Area and another brother, Andy good when you told a joke. Even a dumb joke. is the Athletic Director at the Flandreau Indian School She could have been the most outstanding circus in South Dakota. performer the world has ever seen. Her art was juggling. Keep that straight because there's more. They're She juggled appointments, switched meetings and vol- INDIAN RECORD is published bimonthly by the all first cousins to another "Bureau Brat", Richard Lynn leyed appointments with the grace and ease of some- Department of the Interior, Bureau of Indian Affairs, Morris Thompson, Commissioner, 1951 Zephier, who is an Enrollment Specialist in Washington, one who had a secret knowledge that somehow Constitution Avenue, N.W., Washington, D.C. D.C. Do not confuse Richard L. with Richard G. Washington was not going to sink into the Potomac if Now the lovely lady who became the mother of things kind of just fell apart at the last minute. 20245. Use of funds for printing this publication approved by the Director of the Office of Manage- Richard L. is none other than Gertrude Trimble Zephier Gladys doesn't actually intend to retire to the world ment and Budget through September 30, 1979. who related the whole Zephier clan to the Trimble bunch of housekeeping and afternoon teas. She is taking her when she married Alvin R. Zephier. Gertrude is a sister Sherwin Zephier, poster winner. special brand of serenity to the offices of the National Harley Frankel Leaves B.I.A. His wife and two children, Alex Jr. and Nell, wanted all that time to account for something so they I donated their private collection of "The Story of Civil- Native Americans The Deputy Commissioner of Indian Affairs, Harley ization" to the high school as a living memorial to the Frankel left the Bureau of Indian Affairs in September husband and father of the Caldwell clan. to join the Virginia presidential campaign. At 33, The ten volume set, written by Will and Ariel Du- Frankel was the youngest Deputy rant, is now part of Sequoyah High Library. I Commissioner to be appointed when he assumed office in February of 1975. He holds a Bachelor of Arts degree in Social Sciences, Bachelor of Science degree in Operations Re- search and a Masters Degree in Bus- iness Administration from Harvard. Theodore (Ted) Krenzky, Di- Harley Frankel rector of Indian Services for the Bureau of Indian Affairs, has been acting as Deputy Commissioner in the interim period. Martin Seneca Accepts New Position With FEA Martin Seneca, Director of Trust Responsibilities for the Bureau of Indian Affairs has taken a position Dancers, drummers and singers from Alaska were the last native group to perform in the Native American arena at the with the Federal Energy Administration. He is the new National Folk Life Festival in Washington, D.C. this summer. Deputy Assistant Administrator The summer long festival saw tribal cultural groups from every area of the country. for Energy Conservation and En- vironment. In this capacity, he supervises over 200 technicians and is involved in planning and Indian Lass Named to policy making decisions. Mrs. A. B. Caldwell presents the "Civilization" books to Edwin In his stead, Ralph Keene is S. Moore, Asst. Area Dir. for Educ. (left) and Amon Baker, Air Force Academy the Acting Director of Trust Re- Supt., Sequoyah High School (right). sponsibilities for the Bureau. Keene In 1980, a certain young officer will begin five years is an attorney from Tahlaqua, Martin Seneca of service in the regular Air Force. Oklahoma who specialized in pro- Hardly anything to throw confetti or blow horns perty law before moving to the BIA in Washington. about! Keene narrowly lost a bid for the Republican seat Except this particular 'second Louie', in the lineup in Congress last year. He ran against Ted Risenhoover of several hundred commissioned officers on that fine to represent the Second District. spring commencement day four years hence, will be shorter, darker and of the opposite sex. And the Air Force Academy of the United States will have graduated its first Indian woman. Sequoyah High Receives She comes tearing out of Oklahoma, bearing the Chronicle name Mary Sue Hatton, to take her place among the first group of women ever appointed to the "wild blue yonder" halls of the nation's great Air Academy. In the library of Sequoyah High School in Tahle- That's worth, at least, a small hurrah! quah, Oklahoma is a fantastic chronicle of man's grope Waving their hands in the background are Sam and through time. It is a gift to be studied by the youth of Edna Hatton, who watched their Oklahoma born daugh- today bequeathed by the family of a man who gave ter raise a cloud of dust through Buffalo Valley High nearly all his yesterdays to the education of Indian stud- School in Talihina before taking on the long blue line. ents. Come 1980, they'll be there at Colorado Springs Dr. A. B. Caldwell put in seventeen years as As- watching Ms. Hatton add a little sparkle of history to sistant Area Director for Education in Muskegee, before the world of air defense. (That's Second Lieutenant his death last year. Hatton to you!) Mary Sue Hatton, appointed to Air Force Academy. B.I.A. RAINFEST 170 of Today's Drugs Were Grants to Native Americans bean buffalo boys And The Great Potomac BIA Picnic and RAINFEST First Used by Indian (1975-1976) was a smashing success. Especially for those who were Medicine Men smashed. Information about private funding to Native Amer- Two years in the making (they just couldn't get it ican projects and programs, until recently, has been dif- Indian medicine men were not the feathered quacks together last year, something about finding the right ficult to obtain. In 1973, however, the Foundation Hollywood made them out to be, decked out in bells place to cook the buffalo or maybe it was finding the Center, an organization with public reference files in and beads and frenetically rattling their bones. In many right buffalo ) Anyway, after two years of planning, New York and Washington, D.C. center offices, which ways they were years ahead of early American doctors. scurrying around hallways to confer with fellow commit- gathers various kinds of data on foundations and their Early settlers looked down their noses at Indian tee members, mucho dinero telephone calls, selling activities, began categorizing information on grants to cures because of ignorance and "racial arrogance," says tickets, counting noses and drafting volunteers-IT Native Americans. Dr. Virgil J. Vogel, associate professor of history at FINALLY HAPPENED! The Center issues a bimonthly Foundation Grants Mayfair College in Chicago. The First Annual (?) BIA Employees Picnic. JUNE Index which is a record of currently reported foundation "Whites thought Indians were savages," he said. 19, 1976!! grants of $5,000 or more. Grants of more than a year "But American Indians were mixing a lot of potent, It rained. old are generally not included in the Index. While the valuable drugs with their rituals, and producing success- Center also gathers data on grants of less than $5,000, ful cures, treatments and medications." their greater number does not make it feasible to pub- two Among the sophisticated medicinal compounds they lish that information. concocted from bark, seeds, plants or other natural in- For the information of Native Americans, the fol- up gredients were fever reducers, oral contraceptives, as- lowing data on foundation grants to Indian programs tringents and drugs remarkably similar to antibiotics. gathered by Sibohan Oppenheimer-Nicolau of the Ford Roughly 170 drugs that have been listed in the of- Foundation in January 1976, covers the period from ficial Pharmacopeia of the United States-a listing of right! The name January 1975 to January 1976 and does include grants spelled M-O-R-R-I-E and I'd "Gee, it like nice to of doctor-approved drugs-were first used by North Amer- welcome you to our Vine Deloria of less than $5,000 for that period. All of the grants in BIA to pienic. BIA?. stop ican Indians, Dr. Vogel revealed. About 50 more were Bureau of Indian Affairs. this report are in the Foundation Center's bimonthly used by Indians from Latin America and the Carib- Index entered in a computerized file. bean, he said. The foundations are listed alphabetically with a re- Here are some examples of "primitive" Indian med- cord of their grants to Native Americans arranged by icines and drugs that later proved valuable to the white amount, name of recipient, location and grant descrip- man: tion. Oral contraceptives. "Various Indian drugs that Information about grants in 1973 and 1974 is avail- were used to suppress ovulation and control the men- able upon request from the Phelps-Stokes Fund, 1832 strual cycle started researchers on the road that led to Corcoran Street, N.W., Washington, D.C. 20036. (Junked "The Pill," Dr. Vogel said. "Among them was stoneseed, Abelard Foundation, NY which was tested on laboratory rats and found to be an effective contraceptive." $10,000 to American Indian Lawyer Training Program, Childbirth medicines. "Indians used numerous med- Oakland, CA. For general program support. $5,000 to Youth Project, Inc., Navajo Coal Develop- icines to ease and hasten delivery in childbirth," Dr. Vogel said. "Two of them, corn smut and cotton root ment Impact Study, D.C. For research and informa- bark, were later adopted by physicians for the same pur- tion office, Shiprock, NM, re coal gasification plants, pose." Navajo reservation. Antibiotics. "It's possible that some Indians may Akbar Fund, II have stumbled onto the working principle of antibiotics, $10,000 to American Indian Treaty Council Information although they were unaware of how and why the desired Council, NYC, NY. For research on Sioux and Iro- results were obtained," Dr. Vogel said. quois treaties. Among the antibiotic-type drugs used by Indians $5,000 to Coalition of Indian Controlled School Boards, were rotted corn, for treatment of leg ulsers; a slimy Denver, CO. To cover costs of annual membership ground fungus, for boils, and heated dirt from the top meeting. of a grave, for treatment of body sores. $20,000 to Dineh Cooperatives, Chinle, AZ. For re- Astringents. Indians used various leaves, flowers, volving loan fund for Navajo Nation community co- roots, fruits and seeds to make astringents to treat sore operatives. Continuing support. mouth, bleeding and diarrhea. $10,000 to Northern Cheyenne Landowners Association, Fever reducers. "The greatest of all botanical fever Lame Deer, MT. For operating support. drugs, the conchona bark, from which quinine is ex- $30,000 to Northern Cheyenne Tribal Council, Lame tracted, was a discovery of South American Indians," Deer, MT. For legal expenses related to protection Dr. Vogel said. "And North American Indians used of natural resources. Continuing support. numerous drugs to reduce fever, including dogwood bark, $30,000 to Quinault Tribal Council. Law Program, Ta- herb of boneset and bark of yellow poplar-all of which hola, WA. To meet costs of on-reservation legal later became official drugs." counsel to tribe. Continuing support. $5,950 to Su-Worhorm Ishi Pishi, Inc., Hoopa, CA. For $60,000 to Crow Tribe, Central Education Committee, increase their access to funds for community devel- program in Southwest Indian religious studies. Three operating support. Crow Agency, MT. To establish a Crow educational opment programs. Supplemental grant. years. $10,000 to Western Shoshone Legal Defense and Edu- research and development office. $125,000 to American Indian Historical Society, San $225,000 to California Indian Legal Services, Oakland, cation Association, Battle Mountain, NV. For com- $67,750 to Hawaiian Coalition of Native Claims Cor- Francisco, CA. For development of accredited jour- CA. To support Indian education law project. Two munity organizing related to Shoshone land claim. poration, Honolulu, HI. To assist corporation in nalism internship program for American Indians in years. Continuing support. establishing organizational base and to enable it to cooperation with Stanford University and University $190,000 to Coalition of Indian Controlled School $3,170.16 to Menominee County Education Committee, render legal protection with aid of Native American of Oklahoma. Supplemental Grant. Boards, Denver, CO. For training of lay advocates. Keshena, WI. For debt retirement. Rights Fund, to land base of Native Hawaiians. $50,000 to Arizona Job Colleges, Casa Grande, AZ. To Two years. Bush Foundation, MN $97,000 to Navajo Tribe, Window Rock, AZ. To help match federal grants for comprehensive family re- $25,000 to Defiance College, Defiance, OH. To study $17,000 to College of Saint Scholastica, Duluth, MN. establish tribal budget and management offices. habilitation center serving primarily Chicano, Indian feasibility of merger with Northwest Technical Col- For American Indian circuit-riding professor pro- $95,000 to Oklahoma City Indian Health Council, Okla- and Black displaced farmworkers. Supplemental lege. gram, Northern Minnesota and Wisconsin reserva- homa City, OK. To enable clinic to employ a full- grant. $160,000 to Haskell Indian Junior College, Lawrence, tions. Terminal grant. time physician and to provide supplies to make $150,000 to Navajo Community College, Chinle, AZ. KS. For planning and development of early child- $70,000 to Minneapolis Public Schools, MN. For devel- health delivery services more accessible to Indian For demonstration programs to improve range and hood education program. Two years. opment of new elementary school program to help community. Two years. livestock management and community farming. $25,00 to National Indian Education Association, Min- decrease Indian student dropout rate. Two years. $112,830 to University of New Mexico School of Law, Two years. neapolis, MN. For program to address higher edu- $30,000 to Sicangu Wolakota Oti (Rosebud House of American Indian Law Center, Albuquerque, NM. $7,500 to Oglala Sioux Community College, Pine Ridge, cation needs of the Hispano American and the Friendship), St. Francis, SD. To remodel kitchen To establish National Institute of Tribal Govern- SD. For conference and report on American Indian American Indian. facilities and expand living area of home for Indian ment to assist Indian tribes with legal and adminis- Higher Education co-sponsored by American Indian McKnight Foundation, MN children. trative problems and for research to assist American Higher Education Consortium and Phelps-Stokes $30,000 to Saint Mary's Mission School, Red Lake, MN. Carnegie Corporation of New York, NY Indian Policy Review Commission in its comprehen- Fund. For teacher aides, books, science and physical edu- $35,000 to American Indian Lawyer Training Projects, sive review of Indian affairs. Two years. $15,000 to Columbia University Graduate School of cation equipment, for Benedictine school for Red DC. For support of "Indian Law Reporter", Re- Educational Foundation of America, CT Journalism, NYC, NY. For scholarships for Black, Lake reservation Indian children. newal grant. $12,000 to Northfield Mount Hermon School, East Mexican American, Puerto Rico, American Indian $10,000 to University of Minnesota Center for Urban $235,530 to Native American Rights Fund, Boulder, CO. Northfield, MA. For financial aid for Native Amer- and Asian American students. and Regional Affairs, Minneapolis, MN. For edu- ican students. For internship program for recent law graduates. $3,417,110 to Educational Testing Service, Princeton, cational program for American Indian inmates at Edward Elliott Foundation, NY Three years. NJ. For fellowships for Mexican Americans, Amer- Sandstone, St. Cloud and Stillwater and to coordin- $14,828 to Western Interstate Commission for Higher $2,500 to Native American Educational Services, Inc., ican Indians, and Puerto Ricans. Supplemental ate all cultural and educational programs at these Education, Planning Resources in Minority Educa- Chicago, IL. For development of higher education grant. institutions. tion program, Boulder, CO. For general support. program known as Reservation-Urban Learning Ex- $15,000 to Northwestern University School of Journal- New York Community Trust, NY Renewal grant. change (RULE). ism, Evanston, IL. For scholarships for Black, $1,500 to Fort Hall/Shoshone-Bannock School Board, $25,000 to American Indian Development Assoc., Mexican American, Puerto Rican, American Indian, Clark Foundation, NY Ft. Hall, ID. For planning tribal school system on Seattle, WA. For technical assistance in developing and Asian American students. $5,000 to Brigham Young University, Provo, UT. For the Ft. Hall Reservation. a tribal agriculture program for Seneca Nation, $15,000 to Stanford University Graduate School of Jour- additional graduate scholarships for American In- western New York State. $500 to Ramah Navajo School Board, Ramah, NM. For nalism, Stanford, CA. For scholarships for Black, dian students. the summer training of a staff member. Mexican American, Puerto Rican, American Indian Noble (Edward John) Foundation, NY Donner (William H.) Foundation, NY Field Foundation, NY and Asian American students. $16,500 to Indian River Central School, Philadelphia, $98,540 to Alaska Legal Services Corporation, Anchor- $5,000 to Alaska Legal Services Corporation, Anchorage. NY. For artist-in-residence in the school and com- $14,500 to University of Alaska, Fairbanks, AK. For age, AK. To enable recruitment, instruction and AK. Toward litigation costs of suit to enforce equal legal review of statutes, court decisions, and agency munity. engagement of ten Native Alaskan paralegal educational opportunities for Eskimo and Indian regulations governing Alaskan Native education. Public Welfare Foundation, DC trainees for lay advocate and legal technician serv- children. $15,000 to University of Missouri, School of Journalism, $10,000 to Sage Memorial Hospital, Ganado, AZ. For ices in Alaska's rural villages. Two years. $40,000 to National Indian Youth Council, Albuquer- Columbia, MO. For scholarships for Black, Mexican general support of hospital serving Navajo Indians. $16,250 to American Indian Law Students Association, que, NM. For general support during 1975. Con- American, Puerto Rican, American Indian and Rockefeller Brothers Fund, NY Albuquerque, NM. To develop a stronger organiza- tinuing support. Asian American students. $25,000 to Museum of New Mexico Foundation, Santa tional base. Three years. $16,700 to Native American Rights Fund, Southwest Kresge Foundation, MI Fe, NM. For feasibility study to evaluate use of $30,950 to Mississippi Band of Choctaw Indians, Phila- Indian Environmental Project, Boulder, CO. For $88,000 to Northern Cheyenne Native American Pro- federal post office building, Santa Fe, for a museum delphia, MS. To enable Choctaw Board of Educa- general support during 1975. grams, Lame Deer, MT. For construction of mod- of the Southwest American Indian. tion to make major effort to engage Choctaw Fleischmann (Max L.) Foundation, NV ular units for use as reading learning laboratories $300,000 to American Association of Community and community in their educational process. $70,000 to Navajo National Health Foundation, Sage for Northern Cheyenne school age program. Junior Colleges, DC. For internship program to $60,580 to National Indian Health Board, Denver, CO. Memorial Hospital, Ganado, AZ. To operate only $10,000 to Shepaug Valley Archaeological Society, train American Indians to become community col- To enable planning of a national institute to train Indian-owned and operated hospital until October Washington, CT. Toward expansion of American lege administrators Indian Health Board personnel for work on and 1975 when majority of patients will qualify for Indian Institute. $10,000 to American Music Center, NYC, NY. For con- off reservations. medicaid coverage and hospital will be on self-sus- Kress (Samuel H.) Foundation, NY sultation expenses for American Music Recording $72,000 to Coalition of Eastern Native Americans, DC. taining basis. $25,000 to British-American Associates, NYC, NY. For project. For research and legal assistance to eastern Indian $115,000 to National Medical Fellowships, NYC, NY. exhibition. Two Thousand Years of North American $100,000 to Educational Broadcasting Corporation NYC, tribes with community development-related prob- To aid first and second-year Mexican American and Indian Art, jointly sponsored by Arts Council of NY. For international program series on global in- lems, in particular non-federally recognized tribes American Indian medical students. Great Britain and Nelson Gallery at Kansas City, terdependence. wishing to form nonprofit charitable corporations Ford Foundation, NY MO. Rockefeller Foundation, NY for purpose of applying for federal funds and serv- $75,000 to American Indian Development Assoc., Bell- Lilly Endowment, IN $33,800 to American Indian Development Assoc., Bell- ices. ingham, WA. For technical aid to help Indian tribes $135,790 to Arizona State University, Tempe, AZ. For ingham, WA. For aid to Indian tribes in develop- ment of food production programs (jointly with educational program concerning tribal jurisdiction. Equal Opportunity Program). $3,000 to Native American Committee, Inc., Chicago, San Francisco Foundation, CA IL. For development of higher education program, $17,000 to Humboldt County Schools, Northern Indian Reservation-Urban Learning Exchange (RULE). California Education Project, Eureka, CA. For In- Weiboldt Foundation, IL dian Education Coordinators working toward im- $7,000 to Central YMCA Community College, Seven provement of school materials for Indian students. Nations Project, Chicago, IL. For Seven Nations Continuing support. Talent Search program. Seattle Foundation, WA Woods Charitable Fund, IL $5,000 to Seattle Indian Health Board, Seattle, WA. To- $5,000 to American Indian Center, Chicago, IL. To sup- ward purchase of medical equipment for examin- port budget of Center for American Indians in ing rooms. metropolitan Chicago. Renewal grant. Ann Maytag Shaker Foundation, NY $3,500 to Nevada Indian Legal Services, Reno, NV. For GPO 910-883 UNITED STATES DEPARTMENT OF THE INTERIOR POSTAGE AND FEES PAID BUREAU OF INDIAN AFFAIRS U.S. DEPARTMENT OF THE INTERIOR WASHINGTON, D.C. 20245. U.S.MAIL INT-414 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE $300 AN EQUAL OPPORTUNITY EMPLOYER