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.