The Ojibwe News (Bemidji, Minnesota), 1995-09-29

              State jurisdiction challenged in ceded
territories     Is the territory reservation or state land?
By Jeff Armstrong
An Anishinabe man facing state
charges stemming from his attempt
to hunt on disputed land on the White
Earth Resenation says Minnesota is
violating his spiritual and treaty rights
and has no jurisdiction in the matter.
Leonard Butcher, a White Earth
member residing in Bemidji,
Minnesota, is being triedbefore Judge
Paul Rasmussen in Cleanvater County-
District Court on charges of hunting
out of season, carrying an uncased
firearm, driving after cancellation,
and obstructing legal process. The
October 23, 1994 incident occurred
within the original resenation
borders, on land jointly claimed by
White Earth and the state.
"I was doing what I had to do, what
I had the right to do." said Butcher.
"There are treaties my elders have
signed. It is my right, whether they
say it's on the resenation or off. I am
not from the nation that's called
America."
According to the criminal complaint
brought by MN Department of Natural
Resources officer Greg Spaulding,
Butcher was obsened tracking deer
in his station wagon on County Road
39 around 8:30 a.m. Stopped and
approached by Spaulding,".. .Butcher
stated that he was hunting deer on the
reservation and that this was
resenation," the complaint reads. The
DNR agent confiscated a loaded rifle
in the front seat of the vehicle, at
which point a confrontation ensued.
Butcher does not dispute the facts of
the case, instead arguing that the
state cannot impose its consenation
laws on Anishinabe nationals—
whether on the resenation or in the
ceded territories. While the site itself
is not in question, the court must rule
on whetherthe territory is resenation
or state land. Indisputably situated
inside resenation boundaries set forth
in the 1867 Treaty, the land is also
within one of four townships in the
northeast corner of White Earth
purportedly "ceded" to the state
through the 1889 Nelson Act.
Although the resenation regained
some ofthe land in the contested area,
the State ofMinnesota asserts that the
boundaries of White Earth were
reduced by the  1889 allotment
Ceded cont'd on pg 6
State jurisdiction challenged/ pg 1
Intn'l com. discusses Grt. Lakes water quality/ pg 1
Forum to address concerns of elders/ pg 3
Ojibwe students earn academic awards/ pg 5
Oneida buying back century-old res. lands/ pg 8
Voice of the Anishinabek (The People)
1
International commission discusses Great
LakeS Water quality Tribe assumes jurisidiction from Ontario
By Susan Stanich
A call for an environmental meeting of Native people from all around
the Great Lakes was made last week
at an international symposium in
Duluth.
Such a meeting is imperative, because Native health is being harmed
dramatically by industrial and agricultural poisons that seep into the
lakes and poison fish, water, air and
other life, said Katsi Cook,
Akwesasne Mohawk, traditional midwife and researcher at Cornell University in Ithaca, N.Y.
"On our end of the basin we're already seeing neuro-behavioral toxic
effects on our children," Cook told
some participants in the meeting of
the International Joint Commission,
which advises the governments of
Canada and the United States about
the state of water quality in shared waters. "The notice 'Don't Eat the Fish'
is not enough," she continued. "It's a
typical science response. It's like saying 'the air is polluted, don't breathe.'
What are we supposed to eat?"
The Mohawks — using Mohawk researchers, elders and other community members — completed extensive
research on Mohawk health in both
Canada and the United States. It revealed troubling information, including toxins in Mohawk mothers' milk
and learning disabilities in 25 percent
of Mohawk children. The formal
document was presented in July to the
United Nations by 50 chiefs of the
Haudenosaunee Traditional Council.
Human health was a major concern
ofthe 1,800 people from 13 states, two
provinces and a dozen tribes who attended the biennial conference. There
is a alarming evidence that the toxins
cause learning disabilities, immune
suppression, reduced hand-eye coordination, breast cancer, undescended
testicles, undersized penises, low
sperm count and changes in behavior
such as becoming frustrated easily.
By the time dozens of agencies and
a myriad of regulations are synchronized to control the pollution flowing
by stream and by air into the Great
Lakes, "it may be too late," said Alden
Lind of Save Lake Superior, an environmentalist group. "We may have
lost our chance. We may have made
Water cont'd on pg 3
The
Fifty Cents
OJibwwi
News
We Support Equal  Opportunity  Far All  People
Founded in 1988
Volume 7   Issue 14       September E9, 1995
1
A weekly publication.
Copyright, The Ojibwe Mews. 1995
Students/parents confront Center School's
director Unhappy with management practices
By Gary Blair
The Center School, an alternative
school for Native American students
located in Minneapolis, was the sight
of a Wednesday morning takeover that
ousted the school's director Carol
Brieschke.
The controversy at the school came
to a head when John Allery, a newly
hired principal who is an Indian, was
terminated the day before. Parents,
students and staff who attended the
rally say there has been a 78 percent
turnover in employees since Brieschke
became the school's director three
years ago and they're."fed-up." The
school normally has a full-time staff
of 12 employees and a student popu
lation of 90; currently 30 names are
on the waiting list.
The demonstration against
Brieschke started at 8 a.m. as the
school opened and a staff meeting was
scheduled for that time. However,
when Brieschke learned of the protesters that were waiting to attend the
meeting she canceled it. She was then
confronted by the angry group of parents and students, and by former principal Alleiy who was accompanied by
his sister, Virginia Allery, a Center
School board member.
After a heated exchanged one ofthe
students said Brieschke had been calling her a "welfare queen" behind her
back. John Allery told the group that
Brieschke had also been referring to
the female students as "little bitches."
Allegations that Brieschke didn't respond too.
In an attempt to ward off her attackers Brieschke told the group that the
students would be coming to school
in 15 minutes. To those remarks one
of the parent's responded, "The stuX,'
dents aren't coming here until you
leave." The woman's husband then
asked, "How come you're getting rid
of all the Indian teachers, this turnover his hurting our kids." His wife
added, "Just when they get to like their
teachers you fire them."
Outside the school students who had
arrived early for the protest were telling others not to attend classes because the school's principal had been
Center cont'd on pg 3
Bob "Punk" Wakanabo's new painting called: "WARRIORS NOW ... AND THEN"
Wakanabo release's new painting in series
He honors Anishinabe warriors from time immemorial to the present.
Sexual discrimination suit is filed
against Mille Lacs Band
Reprinted from the Mille Lacs
Messenger, Isle, Minn.
Gina Davis, an officer of the Mille
Lacs Tribal Police, has filed a suit in
U.S. District Court with the Mille
Lacs Band of Chippewa Indians;
James Genia and R. James Bankey as
defendants.
The suit which was field Aug. 30,
names Genia as defendant individually and in his official capacity as
Tribe Solicitor General and supervisor ofthe Mille Lacs Tribal Police Department.
Defendant R. James Bankey is
named individually and in his official
capacity as Chief of Police ofthe Mille
Lacs Tribal Police Department.
Davis alleges discrimination in employment based on sex and unlawful
retaliation, violating the Minnesota
Human Rights Act; violation of the
Minnesota whistle-blower statute;
violations of her rights to equal protection. Davis also claims negligent
supervision retention and negligent
infliction of emotional distress.
Davis states that she is licensed as
a peace officer by the Minnesota
P.O.S.T Board. She began working as
a tribal police officer in December
been subjected to sexual harassment,
discrimination and retaliation by the
defendants. Davis further alleges that
although she complained and another
female tribal police officer complained about the conduct of Bankey
and Genia, the band has been deliberately indifferent about whether
plaintiff's constitutional rights have
been violated and has taken superficial action or no action to stop the harassment.
Bob "Punk" Wakanabo has released
his 9th painting in a series called:
"WARRIORS NOW... AND THEN".
The painting is what has been termed
by some the best one yet. "I like the
way he portrays the vision of
connectedness within the world ofthe
Anishinabe. The stories behind his
paintings and depictions use
variations of the world of the birds
and animals and human life to describe
the meaning ofthe picture, said John
Rainbird, Native American PRESS
staff member.   Amid the words of
approval by others were: "I like the
silhouettes and his image
representation of past merging with
the present," said Jim Ortiz.
In describing the painting
Wakanabo states, "WARRIORS
NOW . . . AND THEN" is a
representation of past and present. As
in all life, warriors stand for the
protection of their worlds, as life
surrounds them, thereby upholding
the very things that sustain them and
connect them to the world they live
in.
The Eagle depicted surrounds all
life which in turn promotes all life as
a connected being and carries the
hopes, drearns and prayers of the
people to their Creator.
The Human Spirit in the
background resembles the willingness
of the Native spirit to watch over all
Native people, with hope towards their
own futures. The Eagle Staff
represents many conflicts that have
occurred throughout the Indigenous
Series cont'd on pg 3
Tribe's fish harvest plan unacceptable to DNR
ST. PAUL (AP) _ An offer by the
Mille Lacs Band of Ojibwe and six
Wisconsin tribes to phase in their
harvest offish from Lake Mille Lacs
has been rejected by the Minnesota
Department of Natural Resources.
The proposal to phase in the harvest
over five years would have allowed
Davis alleges that many untoward
incidents occurred that were attribut- the bands to take 40,000 pounds of
1992. Initially she was supenised by t able to male officers and no disciplin- walleyes in 1996, then increase the
Sergeant Lloyd Ligneel and Chief   ary action was taken. These incidents  harvest to 80,000 pounds by 2001.
included a complaint for driving 90
Bankey.
Davis alleges that throughout the
course of her employment she has
Suit cont'd on pg
Poll: More Minnesotans favor tribes sharing
casino profits
ST. PAUL (AP) _ A majority of
Minnesotans favor Indian tribes
sharing some of their casino profits
with the state, according to a poll
published today.
The Saint Paul Pioneer Press/
KARE-TV poll indicates a sharp
increase since June 1994 in the
number of residents who would like
the state to negotiate a profit-sharing
agreement with Minnesota's 11 tribes,
which operate 17 casinos.
When polled last year, 40 percent
of respondents said they would favor
an arrangement under which the state
would continue to ban non-Indians
from operating casino gaming in
return for the tribes giving some of
their profits to the state.
The number favoring revenue
sharing rose 17 percent to 57 percent
in a poll taken Sept. 15-17 of 805
randomly selected adults. The poll's
margin of error is 3.5 percentage
points.
However, while favoring revenue
sharing, more Minnesotans oppose
expansion of state-regulated
gambling, such as legalized video
slot machines in bars, which would
end the tribal monopoly on casino
gaming. The number favoring new
competition for the casinos fell from
21 percent in June 1994 to 14 percent
in the latest poll.
Despite substantial support for profit
sharing, the state has been reluctant
to press the tribes for such concessions,
and the tribes have been unwilling to
enter into negotiations. A pressure
move by the state could reverse
decades of good relations between
state government and the tribes, state
officials contend. The federal Indian
Regulatory Gaming Act forbids states
from taxing Indian casinos.
Minnesota Indian Gaming
Association officials oppose profit
sharing because they say the tribes
need the profits from their gaming
operations to improve education,
health and other social senices and
as supplemental income for Indian
households.
Larry Kitto, a spokesman for a
number of tribes belonging to the
association, says the tribes are not
interested in sharing revenues.
Kitto said growing public sentiment
for revenue sharing may come from
the misconception that most or all
Poll cont'd on pg 5
The proposal also included harvest
plans foryellow perch, northern pike,
muskellunge and other species.
In rejecting the proposal, the DNR
said it did not discuss how much fish
the band wanted beyond 2001.
The bands, in their proposal, had
hoped to resolve some of the fish
allocation issues to be decided in the
second half of a lawsuit over an 1837
treaty between the tribe and the federal
government. The second phase ofthe
trial is set to begin next September.
In the first phase of the trial, a
federal judge ruled in August 1994
that the Indians had hunting and
fishing rights within a 12-county area
of east-central Minnesota.
The DNR said it would like the
band to propose a total cap on Mille
Lacs fish harvest. If the band does not
do so, the DNR officials said they
would wait for the judge's decision
next year.
"It's only a five-year plan and it
only deals with the fish resources on
Mille Lacs," said Gail Lewellan,
assistant DNR commissioner. "It
provides something tangible for the
short-term, but it leaves bigger
questions unresolved. We'd like to
see them permanently resolved, either
through an immediate cap on harvest
or through litigation."
Current harvest figures for the bands
amount to 9 percent to 18 percent of
the sportfishing harvest on Mille Lacs,
Lewellan said. However, the DNR is
worried the bands' harvest could jump
to 50 percent or more after the five-
year phase-in period, she said.
"That wouldn't be acceptable to the
resorts and other businesses in the
area," she said.
The DNR also rejected the bands'
proposal for spearing muskellunge
through the ice and a proposal to use
1 3/4-inch mesh nets to harvest the
fish. The nets would endanger sizes
of fish the agency wants to protect,
the DNR said.
Lewellan also said the DNR has not
dropped its appeal ofthe 1994 ruling
in the first phase ofthe trial.
BIA going forward with layoffs despite ruling
By Philip Brasher
WASHINGTON (AP) _ The Bureau
of Indian Affairs decided Tuesday to
go ahead with eliminating nearly
1,800 positions despite a judge's
ruling that bars layoff notices from
going to a North Dakota resenation.
U.S. District Judge Rodney Webb
of Fargo, N.D., said it was premature
for the 12,000-employee agency to be
sending out the notices since Congress
hasn't finished work on the BIA
budget.
His ruling applied only to the Turtle
Mountain Band of Chippewa, which
had sued to stop the elimination of
eight BIA positions on its resenation.
The federal government's 1996
budget year starts Sunday. Layoff
notices could go out by the end of this
week.
Keeping employees on the payroll
will eat into the BIA's budget and
increase the number that will
eventually be laid off, agency officials
said. Workers must be given 60 days
before their jobs are eliminated.
"Every day we don't take action ...
it costs more jobs," said Deborah
Maddox, special assistant to the
deputy commissioner oflndian affairs.
Some 1,500 positions would be
eliminated at area and resenation
offices, Maddox said. About 20 to 25
percent of the positions already are
vacant. Another 250 jobs would be
eliminated at offices in Washington
and Albuquerque, N.M.
The employees to lose their jobs
include social workers, police officers,
secretaries, geologists, engineers,
geologists and property managers.
House and Senate negotiators
agreed last week to cut the BIA's
1996 budget by 10 percent. However,
Congress has not given itfinal approval
and the Clinton administration has
BIA cont'd on pg 3