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(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