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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 13, 1979)
APRIL 13, 1979 PAGE 5 flllfff f w / (Continued from Page 1) into our own little worlds while decisions are being made for us somewhere else,” said Jim. He called for the recognition and upholding of rights, the struggle for survival and the banding together for common causes. “If we can show that we’re united,” he said, “everything else will fall into place.” Bearhead Swaney of the Flathead (Montana) Tribe pre dicted doom if the tribes do not unite. “We will lose everything that we have . . . in the year 2000 they’ll be saying ‘The Sho-Bans once lived here’ . . . because we are not willing to make a commitment to tribes and re sources. And the most important resource is people.” “Unity and survival are no longer catch phrases,” he con tinued. “Unity and survival are a must because the ‘final solution’ of Indians is at hand.” Four Warm Springs Tribal Councilmen, keeping their usual low profile, listened in on thir teen panel discussions and offer ed one resolution for considera tion. For their behind the scenes work, Amos Simtustus and Uren ATNI Close-up k rw l ¥ ■ w M I MUM Indian News Notes J by Vince L ovett Leonard earned themselves per manent seats on the Resolutions Committee. Dialogue was encouraged among the many parties having a hand in the future of the Northwest tribes, including non- Indians representing groups of ten at odds with the Indians’ assertion of rights. A county commissioner, a governor’s as sistant, and an Interstate Con gress of Equal Rights and Re sponsibilities (ICERR) sympa thizer accepted invitations to share their views on issues confronting Indian tribes. While the spectre of low public opinion focused delegates’ attention on improving relations with other governing bodies, many panels addressed the in ternal challenges of developing resources and beefing up human services on the reservation. It was readily acknowledged by many participants that without a developed land base and skilled membership, the fight for treaty rights is lost. Outside the dome room, there was much to capture the interest of conferees. Controver sial Interior Department Solici- tor Leo Krulitz spoke at the banquet on the final evening of the conference, fielding numer ous questions about the depart ment’s fulfillment of its trust responsibility to Indian tribes. Each day during lunch, speakers addressed national con cerns such as programs for aging Indians and problems with the National Tribal Chairmen’s Association and National Con gress of American Indians. Also during lunch, films about Indian culture were shown and people were invited to visit the adjoin ing museum and learning center where displays and videotapes offered glimpses into Ft. Hall life. Conference participants were given a tour of the reserva tion and invited to join in local activities, including a basketball game and a powwow. of The Bureau of Indian Affairs PUYALLUPS APPROVE GAMBLING CASINO ORDINANCE: According to the Indian Voice, published by the Small Tribes Organization of Western Washington, casino-style gambling on the reservation was given an affirmative vote March 10 in an election held at the Puyallyup Reservation in Tacoma. Unofficial returns showed 134 in favor and 89 opposed. The paper’s report said that the “Nevada-style gambling ordinances had already been submitted to the Department of the Interior for a review.” It attributed the U.S. Attorney Chris McKenna a statement that approval “by the feds could eventuate in a precedent allowing nation-wide gambling on trust lands, regardless of state or local laws to'the contrary.” A tribal spokesman said that gambling could begin late this summer. The BIA’s Judicial Services Officer in Washington, D.C. said that the ordinance had not been submitted to the Department for approval, but only discussed informally with the Solicitor’s staff. The Solicitor’s Office said that a tribal attorney was told that the Assimilative Crimes Act would prevent professional gambling on the reservation as long as the State law forbade such gambling. COURT RULES FOR SEPARATION OF POWERS IN TRIBAL GOVERNMENTS: An appeals court consisting of two Indian tribal court judges and a North Dakota county judge has ruled that there must be a separation Because of the success of the of powers within a tribal government. Specifically the court ruled that reservation location of their a tribal council cannot sit as its own judge to determine that it gave spring conference, the Affiliated due process to an employee in a dismissal action. The ruling, Tribes plan to hold their annual according to a report in the Bismarck Tribune, upheld a lower tribal meeting on a reservation. Dele court ruling ordering the Turtle Mountain Chippewa Tribe to reinstate gates voted to convene at Kah- Clifford Parisien, with back pay, to his job as tribal planner. Parisien’s lawyer, Dave Garcia described the ruling as “a Nee-Ta on the Warm Springs, Reservation August 26-28, 1979. landmark decision in Indian tribal law because it points out the separation between breaches.” Garcia said that the tribal council has the power to appoint judges and that in the past the council has M ûre'on ATNI . . . See pp. 6-7 removed judges when they were displeased with them. He said: “What’s happened here is that Judge Frederick ¡Turtle Lake tribal judge; has shown them he will not be intimidated.” Garcia claimed that the practice of tribal councils controlling tribal judges was “pretty universal.” Tribes began meeting, a blow foster placement. The 1978 In was dealt to Indian area health dian Child Welfare Act brings CIVIL RIGHTS COMMISSION HEARS TESTIMONY ON INDIAN boards and the effectiveness of responsibility for placement de AFFAIRS: P.L. 95-626, which requires a cisions back to tribal courts, The United States Commission on Civil Rights had two days of survey of Indian Health needs guarantees that Indian families hearings on Indian Affairs, March 19-20 in Washington, D.C. They and services, reported Violet will be given priority over non- scheduled an impressive array of witnesses. Sam Deloria of the Hillaire of the Northwest Port Indians as placements, and pro American Indian Law Center at the University of New Mexico and land Area Indian Health Board. vides funds for improving tribal Robert Pelcyger of the Native American Rights Fund were asked to At a National conference of child welfare programs. give a legal and political overview. health boards in Albuquerque Among other things, Deloria spoke in opposition to the Some concerns remain, as April 4, a report entitled “Health evidenced by a joint statement establishment of an Indian Trust Counsel Authority to replace tribal Care Needs of American Indians prepared by. several Sho-Ban representation by the Justice Department. Listed on the schedule as and Alaskan Natives” was de programs and delivered at the “Grassroots Indians” were Ted Means, Oglala Sioux; Wendell Chino, livered by the Office of Research conference by chief judge Genny Mescalero Apache; Barbara Namias, American Friends Service Development. Edmo. Among these concerns Committee and Clyde Bellecourt, Chippewa. Chino said that he The document contains gross are possible conflicts between thought the Oliphant decision created a law enforcement vacuum and inaccuracies, said Hillaire, and tribal and state courts, the an unconstitutional situation. was not condoned by the health disbursement of funds, defini There were four speakers from State Advisory Committees, boards. Population .figures and tions of such terms as “unmar including Harriet Skye from North Dakota and Willie Hepsley from service statistics were incorrect ried person” and “qualified ex Alaska. Hensley said that the Civil Rights Commission was not and did not agree with informa servicing Alaska, that affirmative action programs were simply pert witness.” tion supplied by area offices of ignored in the state. Jam es Schermerhorn, one of two speakers from the Indian Health Service. Special health presentations the Civil Rights Division of the Justice Department, said that the Because of their non-accept were made at the conference by Office of Indian Rights was established because Indian needs were not ance, the health boards were Bernadine Ricker of the Region being addressed. given an extension for respond X Child Abuse and Neglect Other first-day speakers included Richard Reid, President of the ing formally and by April 18 Advisory Council who described Interstate Congress for Equal Rights and Responsibilities; Veronica must correct the inaccuracies. A available resources, and John Murdock, NCAI President; Kenneth Black, Executive Director of hte final report on Indian health Mackay, of the Portland Area National Tribal Chairmen’s Association; Sue Gould from the National needs is due by June 30, said I.H.S., who said that underfund Conference of State Legislatures; a representative of the National Hillaire. Delegates to the Affili ing was preventing the I.H.S. Association of Counties and Joe DeLaCruz as President of Quinault ated Tribes conference were from tackling more than the Tribe. given population figures to look symptoms of alcoholism. Larry DeLaCruz said that the checker-board ownership of reservation over and revise as necessary as a Curley of the National Indian land by non-Indians, which caused many of the jurisdictional step toward the accurate com Council on Aging made a lunch problems, should be corrected by the United States buying the land pletion of the report. eon presentation on efforts to back from the non-Indians at fair market value and restoring it to the .In related discussion, the implement the new Title VI of tribes. Interior Assistant Secretary Forrest Gerard was the last welfare of Indian children was the 1965 Older Americans Act, speaker of the first day. Second-day speakers, all lawyers and law examined in light of new legisla which addresses specific Indian enforcement types, included Tom Fredericks, Associate Solicitor for tion regulating adoption and needs. Indian Affairs and Interior Solicitor Leo Krulitz. Self-Help Is Focus Of Health Concerns Legislation encouraging self- determination in the delivery of health services to Indians (P.L. 94-437) has riveted attention on the area health boards and the needs of local service units. Eight of the eighteen resolutions passed by delegates to the Affili ated Tribes spring conference were health-related. Rick Nordaal of the National Indian Health Board in Denver summed up the concern by saying, “In order to have a strong tribe, you need healthy members.” Nordaal looked to increased tribal control of health pro grams, with long range planning as the key to continued develop ment. The Tribal Specific Health Plans mandated by P.L. 94-437 should be “ongoing tools that increase in value” as time passes. They can be used not only to identify needs and design programs but also as the basis for funding proposals and report ing progress. If 437 is, not implemented, state Health System Agencies can step in and “compromise tribal sovereignty,” warned Nordaal. Tribal Specific Health Plans for tribes, urban groups and service units are being gathered at area offices and combined into area plans. The day before the Affiliated TOE NESS THERE WAS THIS POLACK visiting there in Warm Springs and one day he met “8 Ball.” Later on they went to a pool hall for a friendly game of pool, th e Polack said, “I really don’t understand the game.” At that moment another guy steps up and said. “You have your choice of either knocking all solids or striped balls into the pockets and when you get all the balls in the pockets, you select one of the pockets and knock “8 BALL” in that pocket.” The Polack paused for a while and finally said, “Gee, I’d hate to do that to “8 Ball because I ve just met him and besides will he fit?” YIKES SS SS SS THERE WAS THIS BOSS who took his lovely secretary to a large convention. Everything was all set except for one thing, when they arrived they discovered the reservations clerk had reserved only one room by mistake and at that time there were no more rooms available anywhere. So they decided to take the room since it had two beds. Late that night the boss heard his secretary say, “Dave dear, would you open the window?” The boss answered, “First Jane, how would you like to play the role of my Mrs. while we are here?” Jane said, “I’d love to.” The boss, “Okay, open the damn window yourself.” YIKES SS SS SS f I | | i . J I | j J I | J i ■ 1 I SUBSCRIPTION TO SPILYAY TYMOO SEND SUBSCRIPTION TO , Spiiyay Tymoo P-O- Box 735 Warm Springs, Oregon 97761 NAME------------------ ---------- ------------------- --------------------------------------------------------- A D D R E S S _ _ ___________ ___________________________ — ----- ----------------- city ________________ STATE__________________ZIP____________ SUBSCRIPTION RATES: 1 YEAR $6.00 Enclosed is a Check □ Money Order □ . Amount of $_______ ______for_________ Year (s ) Subscription. All Tribal Enrolled Members Will Receive The Spiiyay Tymoo at No Cost. . Spiiyay Tymoo is Published Bi-Weekly by the Conlederated Tribes of Warm Springs.
