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VOL. 15 NO. 12
P.O. BOX 870 WARM SPRINGS, OR 97761
JUNE 15, 1990
Coyote News
In Brief
Heath on the Job
Roosevelt Heath, after
finishing truck driving
school is now employed at
Deschutes Ready Mix,
thanks to the tribal pre
entry work program.
Page 2
McConnvllle to present
workshop
Tribal curriculum
developer Art McConnville
will present a workshop at
the National American
Indian Cultural
Curriculum Development
Conference in Juneau,
Alaska in July.
Page 2
Smith to manage team
Gerald Smith, long
involved in local boxing
programs, has been
appointed as manager of
one of two boxing teams
to appear at the 1990
Goodwill Games.
Page 6
Commencement held
Madras High School
graduation ceremonies
were held June 2. Thirty
Warm Springs students
are among the graduates
listed, x
Page 5
Martinez selected to
attend seminar
Tribal member Jacques
Martinez will be one of
many high school
students to attend the
Nevada Youth Energy
Seminar at Boral Ridge
Resort near Reno June V
18-22.
Page 5
A four-page special
insert focuses on
tribal education and
the many programs
offered to community
members.
READ ALL ABOUT
IT!
The deadline tor the
next issue of Spilyay
Tymoo is June 22.
Nearly 200 people gathered to be captured on film for a life-sized photograph that will be
used as part of the tribal museum exhibitry. Nearly all were dressed in traditional attire and
made for a very colorful picture. For more photographs of the historic event, turn to page
3.
High court decision affects tribal court criminal jurisdiction
Weather
JUNE HIGH LOW
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The U.S. Supreme Court May
29, 1990 handed down a decision
that may adversely affect tribal
court criminal jurisdiction over
non-member Indians.
In a 7-2 decision, the court ruled
that the Pima-Maricopa Indian
Community in Arizona does not
have the authority to prosecute a
California man accused of fatally
shooting a 14-year-old boy. "Indian
tribes lack jurisdiction over per
sons who are tribe members, wrote
Justice Anthony M. Kennedy. The
decision extended the court's 1978
Olliphant ruling that barred tribes
from prosecuting non-Indians for
on-reservation crimes.
Kennedy also said that Indian
tribes surrendered the sovereign
authority to prosecute non-I ndians
for crimes on reservations when
Too few voters
Just under 24 percent, or 372, of
the 1 ,563 eligible tribal voters turned
out for the June 5 referendum elec
tion. The turnout was 149 short of
the necessary 521 required to vali
date the election. The two referen
dum items will be presented again
to voters Tuesday, July 10.
Voters cast their ballots as
follows:
Wellness Center 275 for, 83 against;
12 spoiled ballots.
Housing Units: 222 for; 1 39 against;
1 1 spoiled ballots.
Vital statistics manager Made
line Queahpama attributed the low
turnout to the age of the voters.
"We have a real young voting popu
Iation...The majority of our voters
are between the ages of 2 1 and 30."
Queahpama estimated that each
election costs nearly $4,000 includ
ing printing and postal costs and
wages for the election board.
the tribes accepted the federal
government's protection.
Albert Duro, a member of the
Torres-Martinez Band of Cahuilla
Mission Indians in California was
accused of the 1984 killing on the
Salt River Indian Reservation near
Scottsdale, Arizona. The victim,
Phillip Fernando Brown, was a
member of a third tribe, the Gila
River Indian Tribe.
According to tribal attorney
Howard Arnett, Duro was charged
in federal court with murder. But
for reasons unknown, the U.S.
Attorney dismissed the case with
out prejudice, meaning the case
could be brought back to court.
The Tribe, was outraged, and "in
frustration", said Arnett, decided
to charge Duro with "unlawful dis
charge of a firearm," the only
offense in the tribal criminal code
that fit the circumstances. Tribal
courts do not have jurisdiction to
prosecute felonies such as murder.
Duro's attorney challenged the
tribe's jurisdiction to charge a non
member Indian in tribal court and
appealed the case in Arizona Fed
eral Court. The Arizona Federal
Court ruled that the tribe did not
have the jurisdiction to prosecute a
non-member Indian.
The tribe then appealed to the
9th Circuit Court of Appeals. The
Court of Appeals overruled the
Federal District Court of Arizona
decision and ruled that the tribe
did have jurisdiction over non
member Indians. Duro appealed
that decision.
The U.S Supreme Court accepted
the case in order to resolve a con
flict between the Ninth Circuit
court's ruling in the Duro case and
the Eighth Circuit Court of Appeals
ruling in a separate case several
years earlier that Indian tribes did
not have criminal jurisdiction over
non-member Indians.
In their ruling the Supreme Court
noted that the tribes "also possess
their traiditonal and undisputed
power to exclude persons whom
they deem to be undesirable from
tribal lands." The court further
defined this exclusionary authority
by stating, "Tribal law enforcement
authorities have the power to res
train those who disturb public order
on the reservation, and if neces
sary, to eject them. Where jurisdic
tion to try and punish an offender
rests outside the tribe, tribal offic
ers may exercise their power to
detain the offender and transport
him to the proper authorities."
Arnett stated that Warm Springs
is "more affected than any tribe in
the Northwest because there is no
state criminal jurisdiction on the
reservation." Warm Springs does
not fall under PL 280, which extends
state criminal jurisdiction on Indian
reservation. "Most other reserva
tion in the Northwest fall under PL
280.. ..There has never been any
attempt by the state to assert their
jurisdiction over criminal misdea
menors on the Warm Springs reser
vation." Arnett, chief of police Jeff Sand
ers and others will be making
recommendations to Tribal Coun
cil as to long- and short-term solu
tions to the issue. Several options
are available. One to possibly con
sider is to more actively enforce the
existing exclusion policy.
Another option is to seek Con
gressional legislative correction to
the decision. In their decision, the
Court wrote that if "the present
jurisdictional scheme proves insuf
ficient to meet the practical needs
of reservation law enforcement,
the the proper body to address the
problem is Congress, w hich has the
ultimate authority over Indian
affairs."
Yet another option is to estab
lish a CFR Court. A CFR Court is
operated by the BI A, works in con
junction with tribal courts and
often exists on reservations that
have no tribal court or where the
tribal court has failed. A CFR
Court does not fall under the
Supreme Court's decision.
This most recent decision does
not mean that non-member Indi
ans will get away with crimes on
the reservation. Warm Springs
Police will cite individuals, and if
necessary, will detain them until
they can be turned over to the
proper law enforcement agency,
whether those authorties are state,
federal or local.
Pi-Ume-Sha schedule noted
The 21st annual Pi-Ume-Sha
Treaty Days celebration will be
held June 22, 23 and 24 in Warm
Springs. The powwow and related
events recognize the signing of the
June 25, 1855 Treaty between the
Columbia River Indian tribes and
the U.S Government.
A total of $12,300 will be paid
out to dancers and drummers.
Friday's events will begin with
the grand entry at 7 p.m. The Pi-Ume-Sha
queen will be crowned.
The little girls round dances and
little boys war-dances for children
six and under and seven to 1 1 years
of age will be held. Five semi
finalists will be picked each session
for mens and womens individuals.
Saturday will feature two grand
entries, the first being at 1 p.m. and
the second at 7 p.m. Prior to the
afternoon session, a traditional
dress parade will be held. The
parade will begin at Warm Springs
Elementary at 10:30 a.m.
Following the grand entry, the
teen girls round dance and teen
boys fancy dance will be conducted.
The Kussa Round dance for those
women 60 years and older and OP
Warriors War Dance for men 60
years of age and older will be fea
tured. All participants are invited
to dress in full dress. Native Amer
ican Veterans will be honored as
well.
The Saturday evening session
will feature girls traditional war
dance, boys straight war dance,
womens team round dance and
mens team dance open contest.
The Sunday session will begin at
2 p.m. with mens straight dance,
womens individual straight war
dance, mens individual fancy war
dance and womens fancy shawl
dance.
Other activities planned for the
weekend include softball tourna
ments, the Frybread Golf Tour
nament, the Pi-Ume-Sha
Walk Run and the Pi-Ume-Sha
rodeo.
Slide reactivated
Work on the renovation of the
grade seven miles south of Warm
Springs looks like it may take a bit
longer than orginally thought since
the discovery of the reactivation of
an ancient slide. Workers on the
construction site noticed May 28
that segments of a 1 .500 foot stretch
of the highway had started todrop.
causing large cracks and a sunken
grade. Dirt and rocks had been
added to the section as fill to sup
port a third lane up the grade. Part
of the fill has dropped up to four
feet while other sections of the
existing highway have cracked
open. Crews have patched the
affected highway and added addi
tional rock to the sunU;, :
material.
Continued on page 2