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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (July 19, 1985)
001279 OREGON HISTORICAL SOCIETY 1 2 3 0 SU PARK AVE o n o T i ANO» OR 9 7 2 0 5 Warm Springs News U.S. Postage ulk Rate Permit No. 2 irm Springs, OR 9776 i A. VOL. 10 NO. 15 JULY 19,1985 WARM SPRINGS, OREGON 97761 Apportionment ideas presented by Marsha Shewczyk Spilyay Tymoo photo by Behrend Circle the wagons “The right to vote includes th e right to political equality. Equal protection of the laws requires th a t once a person has met the basic voter qualifica tions he has a right to have his vote weighed equally with those of every other voter. . .No per son’s vote should count more heavily than another’s.” t The Indian Civil Rights Act passed by Congress in 1968 guar antees reservation residents thç same civil rights and liberties in relation to tribal authorities that the Federal Constitution gua rantees to all persons in relation to F e d e ra l and State authori ties. Among these rights is polit ical equality. One m an’s vote must weigh equally with another m an’s vote. The present system utilized for the election of tribal council members on the W prm Springs reservation fails to allow politi cal equality, says tribal member Rudy Clements. As one of mànÿ to weigh more than another's. In the April L -1983 election for tribal council district repre- ' sentatives, a varying num ber of votes elected m em bers to each position. The Agency district elected three representatives with 770 votes. S im nasho district elected three representatives with 422 votes. Seekseequd elected two representatives with 99 votes. In a letter w ritten to Tribal Council, Clements appealed to the Council to schedule public meetings fqr discussion of this apportionm ent question. “I. .feel th at the people must have an o p p o rtu n ity to express their feelings and concerns about our present system o f placing lead ership on the Tribal Council.” He goes on to Say,” . .1 mean no harm to anyone or o u r tribe but am concerned about our indi vidual voting rights. I feel they are being violated.” Clements pointed out that several cases have been brought before federal court where mem-, bers of different tribes challenged H ot and dusty after a long trip, 4-Hers on the Washington County Wagon Train took a breather near Charley Canyon last Friday. The week-long trip started from NÌelver State Park near Damascus and ended with an overnight camp at Kah-Nee-Ta Village. The train, on Thursday, camped at Log Springs and were treated to salmon and fried bread. Local4-Hersperformedlndian dances, as well. 'B P ^ ^ ^ ^ ffi^ tp a n ^ ^ ^ ^ a ^ ^ ^ ^ 5 ^ a sr^ u W e d to p a y S fiu j^ fn e irtp a h a S * y p e rn o rse if they Citizens w ho are aw are o f the the a p p o rtio n m e n t sy stem .O n e brought o n e .th e experience, according to some, helped a li in vo lved ¿o g ro w personalty, develop an 1 im b alan ce, C lem ents teels th a t such ease was Brown.vs. United understanding of themselves and their limitations. “rather than keeping i t fester States. The D istrict C o u rt o f by Marsha Shewczyk No adverse effects have been found on mammalis, birds, fish, D ouglas fir on the W arm Springs reservation and other aquatic insects or predaceous or parts of Oregon and W ashing- parasitic insects. C o n tra ry , S evin h aving a tin are being dam aged by a shorter but more effective life is caterpillar know n as the spfuce m dre harm ful affecting a wide budw orm T he bug hps infested approxim ately.two million acres, range of insects including acqua- tic insects. ih both states, - .Insects, com prising one step Favoring dry climates, the adult m oth flies' in July, deposit in the food cycle, being eaten by ing eggs which develop early in fish resulted in killing of a num Ju n e the following year. The ber of fish during reservation spray program in 197$ o f 34,000 larvae eats the growth and builds webs where it resides until it, acres using Sevin. It is planned th at B.T. will be trio, becomes a m oth. The: bud sprayed in the more sensitive w orm population has been neg- areas infected by the insect such ligible'until two years ago, says W arm Springs superyisQty for ester Bill D onaghu. It’s neces sary, now, to ¡control the infes tation to minimize dam age on true firs. In an effort to control the infestation the ILS. Forest Ser vice is planning an extensive spraying program using tw o chem icals. a biological sprav Bacjlliis T h u rin g ie n s is (B .T .). and a m an-m ade chem ical $evin. B.T. is found f o ’have little dam age on resources, accord ing to D onaghu. It is a n atu ra l parasite which feeds oh the host ; budw brm itself. Conducted stu dies show that bacterial spores of BIT, may persist in the soil for several months. In water, visible spores generally do not persist for m ori than one month. Inactivation of the spores takes place bv exposure to strnlight. as Shitike Cariyon where fish m streams might be affected. Sevin will be utilized in other areas. Sevin “is very lethal,” em pha sizes W arm Springs watermas- ter D eepak Sehgal. “We have recom m ended th a t in spraying, the Forest Service does not spray stream corridors, high lake areas, meadows and unique environ ments th at wildlife inhabit.” A n en v iro n m en tal Im p act Studÿfs being conducted by the U.S. F orest Service and will be presented to the public ip M arch of 1986. The publié may, at that time, make com m ents on the proposed spraying. ATTENTION! S-130 and S-190 Firefighting Classes will be offered at: Fire Management Trailer 4205 Holliday Lane July 25 and 26,1985 from 8 a.m. to 5 p.m. “ If we do not correct it now it co u ld have n eg ativ e co n se quences for us,” Clements added. An ap p o rtio n m en t change m ay be accom plished in a var iety o f ways. “If o ur people get together with open apd objec tive minds we can come up with good solutions,” says,Clements. The results may be a com bina tio n of m any p e o p le ’s ^sug gestions. portronment suggestions includ ing: R etaining districts, allow South D akota declared th at the ing registered district voters to redistricting scheme? for tribal nom inate a candidate who is , elections under the Cheyenne elected by the general electo Sioux Constitution and By-Laws rate; Counting the num b er of violated the “one-man, one-vote” registered voters in a district to rule laid dow n by th e U .S , (Continued on page 3) C o m m unity cel e b rates Fo u rt h A parade, games, barbeque^ fireworks, bingo and a dance were held to celebrate the Fourth of July at W arm Springs. Warm Springs is noted for its “old fashion” celebration. The parade held on the cam pus area hosted horseback rid ers, decorated cars and trucks, children on bikes, a plastic snake, crepe paper decorated floats and two grand marshals, Lilly Heath and Ellen Squiemphen. Following the parade, people g ath ered a t the C om m unity Center to-enjoy;tqe barbeque. Games were held for the younger set while people waited for the evening fireworks display. | The fireworks display began after the sun went dofyn. Shortly before the firew orks display started a num ber of small fires were reported at various loca tions within the com munity. The annual bingo game was 'held at the Com m unity Center. So again. W arm Springs cele b ra te d a n o t h e r o 1 ds7fa s hi o n Fourth. - Spilyay Tymoo photo by Leno-Baker Planned spray to rid trees of budworm ing, we must clarify and resolve it. “ I th in k ©Ur present system is unacceptable;“Clements empha sizes. It denies “one man, one vote” and allows one m an’s vote Supreme Court for federal and state elections, and made bind ing against the Tribe under the equal protection clause of the Indian Bill of Rights. After the tribal councilfailed to prepare a redistriCtihg plan meeting the one-man, one-vote standard, the Court, on Ja n u ary 1 1973 vacated all existing council positions and ordered a special election on February 16, 1973, ih accordance with a reap- portionm ent scheme prepared by the C ourt at a general reser vation meeting, « Grand Marshals Ellen and Lilly No lunch provided WEATHER HI JULY 90 1 ri’SS 2 • 98 3 95 4 5 95 6 97 f 7 •Ì00 8 J00 9 95 10 94 11 91 12 90 13 94 14 .92 15 • 86 ' 16 LOW 50 •60 s '58 59 : 54' . ' 53 . 61 61 62 ; . 63 58 55 ' - 53 56 -60 55 t These classes are heeded before you can be hired for firefighting on the Warm Springs Reservation. You need these classes every three years. Must be 1Ô years of age or older. Other information will be given at the class. Court hears appeals on Five Year Plan Argum ents were heard J.uly 15 by Judges Browning. Alar- come and Wilkins of'lhe Ninth Court of Appeals regarding a 1983 decision bv Judge W alter C o u rt denies K lam ath’s rights Stevens in the 6-2 decriibn. The ruling w ill end the trib e’s practice of s£lf-regulation on the land which reaches to the eastern edge of C rater Lake. The N inth U:S. C irc u it‘Court of Appeals, which the Supreme Court overturned, had held that to the Klamath T ribe.. .was not the tribe w as’entitled to exclu intended to survive as a special sive use of the land. Both-the right to be tree olAVBsfLregula- tribe .and the state have been- tions,” Wiote Ju stice Jo h n Bytif' opera ring.for decades under the The Supreme Court ruled July, 2 that the Klam ath Indians must submit to state hunting and fishing regulations on nearly 100 square miles of ceded land. “The exclusive right to hunt, fish and gather roojs. berries and,seeds On the lands reserved presumption that the tribe held- certain. rights precluding state regulation of state licensing. The Native American Rights F u n d (N A R F) represented the tribe before the Supreme Court. In a dissent on the ruling. Ju s tice William Brennan and Ju s tice T hurgood M arshall wrote; the the ruling “represents anpther erroneous deprivation of the K la m aths' t ri bal rights. ” Lraig in which he decided the, Plan for M anaging'Fisheries op Stocks Originating in the Colum b ia River and its tributaries above -Bonneville Dam. This ' allowed tribal fishermen to alter their net mesh siz q ^ . The State, of W ashingtbh joined by Idaho presented the argum ent that the five year plan should have remained in effect because no replacement plan had been drafted; Craig, at the time of his decision, ordered negotiations of a new plan. Because tribal fisherrhen had netted only a portion of an anticipated 120,000 annual catch they wished to use a smaller mesh size than the designated eight inch or larger size, Craig ruled the Five-Year Plan to be obsolete and the smaller mesh Size allowable. The final decision on this ease - has not yet been made. Tribal fishermen, however, no longer apply the plan to their catches made and according to Warm; Springs tribal attorney H oward A rnett,’’T his thing is modt. We are operating as if the plan is not in effect'.” S hort term plans are being utilized while negotiations for a new long term plan take place. A decision on this case could affect future negotiations in two ways, says Arnett. The involved tribes could be reluctant to enter (Continued on page 2)
