Image provided by: The Confederated Tribes of Warm Springs; Warm Springs, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 21, 1978)
No Void In Criminal Jurisdiction Solicitor Issues Opinion On Oliphant Ruling A recent Supreme Court de cision that Indian tribes have no inherent crim inal jurisdiction over non-Indians does not leave a void in criminal law enforce ment on reservations, Interior Department Solicitor Leo M. Krulitz said in an opinion re leased April 12. Krulitz said, citing a 1946 Su preme Court ruling that, while state courts may have juris diction over offenses committed by non-Indians against non- Indians, the laws and courts of the U.S. have jurisdiction over offenses against Indians by non- Indians. As recently as 1976, the Soli “The purpose of the opinion citor said, a federal appellate is to emphasize that the Su court held that offenses com preme Court decision in Oliphant mitted by non-Indians against v. Suquamish Indian Tribe — Indians may not be prosecuted while very explicit in the narrow under state law. area it covers — does not call “Except where a state has into question other clearly estab acquired, by Act of Congress, lished principles of law regard jurisdiction over Indian country ing Indians,” Krulitz said. “We within its borders, Bureau of do not have to ask ourselves, ‘If Indian Affairs police and tribal tribes have no criminal jurisdic police commissioned by the fed tion over non-Indians for acts eral government may arrest committed on reservations, who non-Indians for offenses com does’? The answer is clear and mitted against Indians or their unchanged*, the federal govern property in Indian country,” ment does.” said Krulitz. Krulitz said the Supreme “We are not merely talking Court has reiterated the con about specific offenses described clusion that the United States in federal statutes, either . Under has jurisdiction over crimes the Assimilative Crimes Act, committed by non-Indians a- bursting with pink crabappleblossoms, tulips and sunshine as spring gainst Indians or their property. state laws are often adopted as muscled its way into Central Oregon despite chilly nights and cool That jurisdiction is exclusive, federal law for federal enclaves. Offenses under these laws are rainy days. CDS Photo punishable according to the law of the state in which the enclave is located.” Krulitz pointed out that pro secution for such crim es must be by the Department of Justice before a federal district court judge or a federal magistrate. He advised the Bureau of Indian Affairs to work closely with the Justice Department to set up procedures to ensure cooper ation. Here are other major points in the opinion: — BIA or tribal police who carry state commissions may also arrest non-Indians for viola tions of state law, even when no Indians or Indian property is involved. Non-Indians arrested for those crim es may be tried only in state courts. — The U.S. continues to have jurisdiction over Indians and non-Indians alike who vio late federal laws applying across the nation or who violate substantive criminal laws appli cable only to Indian country, such as Indian liquor laws or bans on hunting or fishing on Indian lands without permission. U n ity Sought At F ir st NATRO C o n feren ce Remember we have all sufferfed injustices and much of these have come about because we have never been United.” Seeking to correct this his torical problem, representatives of 200 tribes from the U.S. and Canada attem pted to map out strategies to combat non-Indian backlash when they gathered at Window Rock, Arizona April 12-14 for the first Native Ameri can Treaties and Rights Organ ization conference. Hosted by the Navajo Nation and funded by donations from the participating tribes, the con ference produced a number of recommendations none of which were finalized for lack of a chartered body to approve or implement them. Representa tives were asked to take the suggestions of eight task forces back to their tribes for discus sion and ratification. Three members of the Warm Springs Tribal Council returned with sheafs of strategy ideas which they hope will be addres sed at the next meeting of the Affiliated Tribes of Northwest Indians. The first recommendation was that a new organization not be created but that NATRO function as ^n arm of existing Indian groups, namely the Na tional Congress of American Indians and the National Tribal Chairmen’s Association. Warm Springs Chairman Eugene Greene expressed dis appointment oyer the absence of any reference to accountability for the thousands of dollars pledged by Indian tribes last November to fight backlash. Warm Springs promised $10,000 for the effort but stressed the need fbr accountability in the use of the funds. Peter MacDonald, chairman of the Navajo Tribe, likened the unique multi-national Indian council to the banding together of tribes for the Battle of Little Big Horn, but also saw the con ference as “ a chance for com munication between the Indian world and the white world.” The outside press was invited and turned out in force, but the Indian press was noticeably absent at the event. A task force on public rela tions stressed the need for ac curate information about Indians to counteract the unfavorable attitudes, legislation and court decisions that have plagued In dians recently. But first tribes must support their own media and consolidate information on the homefront, it was noted. Other task forces addressed the issues of self-determiniation, treaty rights, economic and re source development and federal- Indian trust relations. Urging a “pan-Indian” ef fort to assert human rights, participant Russell Means said tribes should “decolonize” and strive for international recogni tion of their people and predica ment. A more conservative ap proach was taken by the task force on legislation strategy, which outlined a lobbying model based on forming alliances, as sessing politicians and holding them to their campaign pro mises and creating a clearing house of issues affecting Indians. The expressed task of find ing allies, presenting an image of positive unity and improving communication with anti-Indian' factions knit the more than 800 tribal representatives together but no specific strategy was adopted. However, ten Indian organ- izations were voted onto a future NATRO board and the initial conference may have created momentum for the attainment of the unity sought by Indian tribes. “We must unite to fight for rights and resources” was NATRO’s motto — and the cam paign is on. Fishing Season Opens Saturday Well, anglers, get your poles and reels ready for the official opening day of fishing season which is tomorrow, April 22. Reservation re g u la tio n s were distributed early in the week and should be obtained when fishing perm its are pur chased. Rules and regulations are sim ilar to last y e a r’s, but should be carefully read so that no misunderstandings occur. It has come to the attention of the N atural Resources De partment that tribal members with property adjacent to the Warm Springs and Deschutes rivers have been allowing out siders to fish on their property. This is a federal violation and results in a $40 fine. Happy fishing and hope the “big one” doesn’t get away this year. Brand Registration Deadline Changed The deadline for registering new or changed brands has been extended to April 28, according to Gordon Scott of the Natural Resources Department. The deadline was previously set for March 31. All brands which are not registered with the Tribes or the State must be brought to the Natural Resources Department. This would include any brands that have changed or have been transferred to new owners. The brand and its position, along with the owner’s name and address and the district in which the livestock will be run, should be brought in or sent to the Natural Resources Depart ment as soon as possible for registration. The reason for making April 28 the deadline for brand regis tration is that the N atural Re source Department will, on May 1, be putting them in alphabeti cal order and setting up a new brand book. Along with the brand and its position, the ear m ark should also be brought in. Also, health certificates and brand inspect ion forms required by the State for livestock purchased off the reservation or brought onto the reservation must be filled out and turned into the Natural Resource D epartm ent as soon after purchase as possibte.
