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
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