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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (March 24, 1978)
PAGE f^iam ||||^^ |||M ^Ägu BOSH EEWA z KX«^ ■ (ttewitfc; .-, (Âa^Js»--* ¿3U (Continued from Page 1) h High Court Rejects Tribal Jurisdiction recognize that some Indian tri bal court systems have become increasingly sophisticated and resemble in many respects their state counterparts. We also acknowledge that with the passage of the Indian Civil Rights Act of 1968, which extends certain basic procedural rights to anyone tried in Indian tribal courts of ciminal jurisdic tion over non-Indians only a few decades ago have disappeared. Finally, we are not unaware of the prevalence of non-Indian crime on today’s reservations which the tribes forcefully argue requires the ability to try non Indians. But these are considerations for Congress to weigh in decid ing whether Indian tribes should finally be authorized to try non- Indians. They have little rele vance to the principles which lead us to conclude that Indian' tribes do not have inherent jurisdiction to try and punish non-Indians. ltzs Not Nice to Fool Mother Nature Nature's Way of Showing < Sometimes humans can do more harm by altering the Na tural habitation of the earth’s surface especially the Natural Stream beds that flow through the valley’s. Take for instance the Shitike Creek. It once went flowing lazily through the community of Warm Springs never doing much harm to anything, just winding its way toward the sea. Even during the rainy and snow season as all streams rise over the banks, this still didn’t do any damage or destruction that would cause any alarm. tribal courts may exercise civil Even though the stream would jurisdiction over non-Indians. overflow, there was a buffer Your decision on approval of system from the ‘s’ formation or ordinances or resolutions assert pattern of the stream. This ing only civil jurisdiction over acted as a buffer not giving the non-Indians should not be affect high water any force to do any ed by this decision.” damage. With the development of In Well, here comes man with dian self-determination as a bulldozers and bright ideas to national policy, a number of the straighten out the channel of the tribes have asserted the need stream, making it look nice and the right to exercise crimi while the stream is at it’s low nal jurisdiction over non-Indians flow. on the reservations. The Oli The rains come and next the phant decision denies this right. snow melts, both joining forces (See main article on page 1) . causing the stream to rise. And Gerard said that he would with all that force behind, it continue to work with the tribes, reaches the straight channel other Federal agencies, and through Warm Springs. With state and • local governments to such force there is no way try to provide full protection anything can stop the raging against crime for all persons on waters from the destruction to thé Feservations. follow. Homes, bridges, roads and other community facilities are in danger or disaster. What now? In the past, major floods took, at least one life, homes, roads, bridges and things that shouldn’t have hap pened if the stream flow had such that they are limited only been left as nature meant it to by specific restrictions in treat- ies or Congressional enact ments. As the Court of Appeals recognized, Indian tribes are proscribed from exercising both those powers of autonomous All cattle and horse rides states that are expressly termi should be posted in three public nated by Congress and those places at least 10 days in ad powers “inconsistent with their vance. This procedure, specified status.” in Tribal Ordinances No. 16 and Cal Noel, quoted by UPI as 43, is a courtesy to those live an NCAI spokesman, took the stock owners who may be run “whistling by the graveyard” ning cattle and horses' in the approach. He asserted that In same district. dian nations have sovereign Forms may be picked up at rights, despite the court’s ruling. the Natural Resources Depart He said the ruling “applies only ment in the Old Agency Build to one treaty, one tribe and one ing, 8-5:00 p.m. daily. reservation.” (Thanks to Vince Lovett of Indian News Notes for much of the above information) Gerard Disappointed By Supreme Court Ruling Interior’s Assistant Secre tary for Indian Affairs Forrest J. Gerard said last week that he was disappointed by the United States Supreme Court ruling that Indian tribes do not have criminal jurisdiction over non Indians on reservations. He said that he thought the decision would inhibit the de velopment of tribal self-govern ment and the maintenance of criminal justice -systems on the reservations. Gerard also said that he did not believe that the decision applied to matters of civil juris diction. In a memorandum to Bureau of Indian Affairs field officers, Gerard wrote: “The Supreme Court did not consider or decide the issue of whethet Oliphant Decision- The Sovereignty Issue “The Supreme Court dealt only with the issue of tribal ciminal jurisdiction over non Indians — not considering ques tions of civil jurisdiction,” said Forrest Gerard in a memoran dum prepared with the help of Associate Solicitor for Indian Affairs, Tom Fredericks. Nonetheless, the decision will raise questions on civil jurisdiction and the whole mat ter of Indian tribal sovereignty. The common understanding of Indian sovereignty has been that the tribes retained all sovereign powers not specifically removed or limited by treaties or Con gressional Act. The Oliphant decision, how ever, seems to add another restriction when it says: But the tribes’ retained powers are not Tribal Council Agenda Mar 27 - Tribar Council Meeting, 9:00 a.m. 1. Unfinished Business 2. 10:00 a.m. - Hildress Vanegas, NAIWA 3. 11:30 a.m. - Mormon Church 4. 1:30 p.m. - General Manager Report 5. 3:00 p.m. - Bear Springs Agreement Celilo-Wy’am Board Mar 28 - Tribal Council Meeting, 9:00 a.m. 1. Master Health Plan I Orientation on new rules and regulations Portland Area Health Bd H&W Committee-Planners Mar 29 - Tribal Council Meeting, 9:00 a.m. 1. Management Reports A SPECIAL THANKS TO ALL OF YOU Rides should be posted To Anyone Interested We will be in need of a baby sitter one of these days when the woods open up. We have two girls, one is 4 and one is 9 months. It would be perfect if some one could come to our home, but we will be more than willing to bring them to yours. Our oldest is in Headstart, so transporta tion to school everyday will be needed. If you can help us, please call me at the Spilyay Tymoo, 553-1644 or at home, 553-1610. Thank you. Donna Behrend be. Now the problem is can we, of Warm Springs, get aid for such a mistake? “or, What?” It is apparaent that each year bulldozers are seen after a flood trying to build levies to prevent such repetitious destruction. The stream flow should have been left alone and things like this could have been prevented. Take the ’64 flood, the South side of the community was com pletely isolated from the North side by the loss of the bridge. Well this is just something to think about. Any response is welcome from individuals, ex perts or whoever. For all you nice people- A brief “Thank You” note But the warmest, in fact . Anyone ever wrote To say once again What has always been fru it’s wonderful knowing Nice people like you! THANKS AGAIN George Clements Jr. & Family Hazel Suppah Family Happy Birthday to Joseph ine Henry whose special day was March 23 — from her nieces and her sister. TO THE EDITOR Dear Sir, • If you would like to use this in your paper, it would please me very much. I knew Flora for a good many years, and will miss her more than words can tell. Thank you, Red De Mars A Legend In Hen Own Time . Fonemen we’û' montt Huts Chief's Widow's passing,, Both indians and whites ^on hen ^unenat wene massing. Fiona Thompson was hen name. But we catted hen Gnandma, just the. same. To the Gneat Chie^ Tommie,' she was mannt ed. Mid a^ten his death, his wonk she cannied. Fighting hen peojote' 6 nights. This òhe. did, both days and nights. The. Gneat Spinit ^ett he needed hen above. So, with hen panting, she te^t as with a memory hen tove. Being o^ the Wann Spnings Tnibe, by binth, She chose to netunn thene, with hen mo then eanth. Steep wett, my intend, this is not the end. Fon those who betieve, it is onty the beginning. By Red Pe Mans TOE NESS It is said that tne only person who listens to both sides of a family argument is an innocent by-stander. “YIKESJ’ SS SS SS ♦ There were these two guys discussing their financial situation. The first guy asks the second, “How do you manage to save money?” The second guy said, “I don’t because my neighbors keep on buying thing I can’t really afford.” “YIKES” SS SS SS A guy said that he saw this sign on a busy freeway and the sign read: Any driver who has one for the road has a State trooper for a chaser. “YIKES” * z - SS SS SS There was this fisherman who radioed his wife and said you don’t have to wait for the Shrimp boats because Tm coming home with Crabs. “YIKES” There were these guys having their regular meeting banquet and discussing their jobs and stuff like that. Leon asks, “Would you pass the nuts Professor?” The Professor looks at Leon and said, “Yes, but I should flunk them.” “YIKES” SS SS SS Al and Jim came in off the Kah-Nee-Ta goif course after a round of nine holes one day. Ray asks, “How was your day?” Terrible said Jim, because Ai here invited a guest from Oklahoma and he died of a heart attack on the first “Tee”, and after that it was hit a shot and drag his friend, hit a shot and drag his friend.” “YIKES” . ' SS SS SS Sandra said, “My salary is okay, it’s the take-home pay that I can’t live on.”, SS SS SS There are some men that have the idea of charity and that is to give unto others the advice he can’t use himself. “YIKES”. I
