The Ojibwe News (Bemidji, Minnesota), 1988-08-10

              NATIONAL:
Endangered Species Act
extended to 1992
National
Chippewas And
State Discuss
Treaty Rights
Again
Green Bay, WI (IPN) -
The Chippewa Indians and
the state held their seventh
meeting since last August
1987 to discuss
off-reservation hunting and
fishing rights, said a state
official.
"We've again had, I
think, a very open, honest
discussion, the state and
the tribes, and we have
determined to keep
communications open in
the future," said Attorney
General Donald Hanaway.
Among those attending
the July 20 negotiations
were chairmen of five of
the six bands of
Chippewas, and a
representative from the
sixth; Joe Bressette, a Red
Cliff band member and
executive director of the
Great Lakes Inter-Tribal
Council; Carroll D. "Buzz"
Besadny, secretary of the
Wisconsin Department of
Natural Resources; and
John Van Hollen, Gov.
Tommy Thompson's
northern office
representative.
The five Chippewa bands
involved in the talks are
Bad River, Mole Lake, Lac
du Flambeau, Lac Court
Orielles and St. Croix. The
Red Cliff band of
Chippewas has officially
withdrawn from active
participation in the talks,
but still maintained a
representative at the
meeting, Hanaway said.
The Chippewas and the
state are trying to resolve
tribal hunting and fishing
claims to off-reservation
natural resources that were
upheld in a 1974 federal
court decision, called the
"Voight Decision." The
treaties were made with
the federal government in
1836 and 1842.
"I think what we have
accomplished is, we've
established a sense of
rapport; the state and the
tribal representatives, the
tribal chairmen, that didn't
exist before," Hanaway
said. "I think that rapport
will go a long way in
establishing a state-tribal
relationship in the future
that's going to be a
positive relationship."
The state and the
Chippewas have had some
success in hammering out
a settlement, and should
work to maintain their
progress, he said.
"I think that's occurred,
so I think that's a very
positive step," Hanaway
said, "there are a lot of
things going on between
the state and the Indian
communities besides the
so-called Voight litigation.
It's important that we
maintain that relationship
for that purpose."
page 2
STATE:
Grand Portage votes to
continue agreement
with state
page 4
EDITORIAL:
Educating our children is
our most important task
Page 5
The
News
"News by and for the Ojibwe Nation"
Copyright Ojibwe News, 1988
THIRTY-FIVE CENTS
Founded at Bemidji, Minnesota in 1988
Volume 1 Issue 12
Wednesday, August 10,1988 |
A Weekly Publication
Bemidji, Minnesota 56601
Jourdain owes state $81,000 in back taxes
According to documents
obtained from the Minnesota
Supreme Court, Roger A,
Jourdain, of 2309 Calihan
Ave., Bemidji, Minn., owes
the State of Minnesota
$80,901.94 in back income
taxes for the years 1979
through 1985.
Jourdain is chairman of the
Red Lake Band of Chippewa
Indians whose reservation is
located approximately 30
miles northwest of Bemidii.
He has resided in Bemidji
since Spet. 1979 following the
"Red Lake People's Revolution" of earlier that year.
The court documents
indicated that Jourdain failed
to file Minnesota Income Tax
Returns for the years 1979 to
1985.
By a letter dated Oct. 27,
1986, Bemidji-based tax
examiner Richard D. Ames
ordered Jourdain to file all
returns and pay the taxes
due, including penalties and
interest, by Dec. 1,1986.
When Jourdain didn't reply
by the prescribed time,
Ames, in a letter dated Jan.
9, 1987, assessed Jourdain
$80,901.94 for taxes, penalties and interest owed
Jourdain has since used
tribal attorneys to file a series
of protests and appeals
which are now before the
Minnesota Supreme Court
(Doc. No. C58815-51) on a
Petition for Discreationary
Review.
Recognizing erroneous
application of the law by the
tax court, and desiring to
release the parties of the
burden and expense of a trial,
the Minnesota Attorney
General's Office filed the said
petition.
The petition requests that
the supreme court review the
Minnesota Tax Courts denial
of a motion for summary
judgement by the state
commissioner of revenue.
The tax court denied the
motion for summary judge
ment on the grounds that the
issue of domicile raised by
the Jourdain briefs will
require an evidentiary
hearing.
The tax court has
scheduled the case for trial
for sometime in September,
1988.
No date has been set by
the state supreme court to
hear the petition for discreationary review.
Sayers may sue city
By James Johnson
Acting Editor
Clarence Joseph Sayers, a
Native American of Bemidji,
may file suit against the City
of Bemidji as the result of
being wrongfully detained by
the Bemidji police last July,
according to a letter to
Bemidji City Atty. Alan Felix,
from Sayers attorney,
Charles LeDuc of
International Falls.
According to the letter,
Sayers was a passenger in a
vehicle driven by Janet Blue.
Blue was pulled over for a
broken tail light and it was
discovered by police that her
license was revoke.
The officer then apparently
inquired-about Sayers
identity and discovered that
there had been a warrant for
his arrest.
Sayers was then transported, by the police, to the
Bemidji Law Enforcement
Center. Soon after Sayers
arrived at the LEC, it was
determined that the warrants
were not longer active and
he was released.
According to his attorney,
Sayers is claiming that the
arrest was unnecessary and
humiliating, and that the
whole matter need not of
happened had the officer
check on the status of his
warrant over the radio rather
than detain him and
transport him to the LEC.
Sayers is seeking an
immediate written apology
from the officer, the City of
Bemidji and the Bemidji
Police Department. He is
also seeking monetary
damages.
In the letter, Sayers
attorney said, "I feel this
case may have some
serious racial overtones and
may well be handled as a
civil rights violation or a
Minnesota Human Rights
violation."
Sayers contacted the
News last July after the
incident and said he was
planning to conduct a survey
of area Indians to see if they
had experienced similar
instances of alleged
harassment and prejudice
by the Bemidji and Beltrami
County law enforcement
officers. Sayers said he also
was going to ask if those
surveyed would be willing to
take part in a boycott of the
Bemidji area businesses.
Both Sayers and his
attorney were unavailable
for comment. Felix said he
was unable to comment of
the matter at this time.
There will certainly be plenty of dancing at this weekend's First Annual Bemidji International
Indian Fair and Trade Exposition. The festivities begin Friday and continue until Sunday. Many
of the events will take place at the Beltrami County Fair Grounds.
Leech Lake protestors
say they'll keep
fighting election
Cass Lake, Minn. (AP) -
Members of the Leech
Lake Reservation
protesting a June 14
election say they will
continue th eir fight,
despite an appellate court
ruling that the election was
valid.
A tribal appeals court
ruled Tuesday that the
election was valid even
though the winning
candidate received less
than 50 percent of the
vote. The ruling reversed a
July ruling by Leech Lake
Election Judge Peggy
Treuer.
The appeals panel said
Treuer overstepped her
authority wh en sh e
interpreted the constitution
differently than the Tribal
Election Committee, which
governs the tribe.
It was the first appellate
court ruling in the history
of the 36,500 member
Minnesota Chippewa Tribe.
Some members said they
believed Treuer's ruling
also would invalidate many
of the election results of
the tribe's other five bands.
About 80 people who
gathered Tuesday evening
at the Bug-O-Nay-Ge-Shig
School vowed to fight the
appellate court decision,
saying the court was
illegal.
"In my opinion," said
past Leech Lake Chairman
Hartley White, "the
appellate court is nothing
but a kangaroo court, a
mafia court."
Although the five
members of Leech Lake's
governing board, the
Reservation Business
Committee, were invited to
attend Tuesday night's
meeting, none appeared.
Following the appeals
court decision, Dan Brown
had been sworn in as
committee chairman.
Brown defeated incumbent
White 820-727, with
Walter Reese receiving 183
votes.
Much of the discussion
Tuesday night centered on
Ordinance 15, the authority
cited by the appellate court
for its authority for
overturning Treuer's
decision.
White, a Tribal Executive
Committee Member for 12
years, said the April 1985
passage of Ordinance 15
was merely approval of a
working document. He said
executive committee
members were assured at
The Red Lake Singers, seen here at a recent pow-wow, will be the host drum group.
the time that creation of a
tribal court system,
including an appellate
court, would require a
referendum vote by
enrolled members of the
Minnesota Chippewa Tribe.
If passed by the voters, the
ordinance still would
require review by the
Department of Interior
before taking effect, White
said. Neither ot these
things happened.
"That ordinance has
blank spaces throughout it
because it never has been
implemented," White said
in a position statement
distributed Tuesday
evening. "Any attempt to
bring this court system to
life at this point is totally
unauthorized under the
constitution   of  the
Minnesota Chippewa
Tribe."
In its decision
overturning Treuer's ruling,
the appellate court
explained the blank spaces
in the ordinance by saying,
"The evident intention of
the TEC in making this
omission was to create a
statutory framework for a
court, but to await a later
date to commence the
court's functioning."
Indian First
Time Home
Buyers Eligible
for  Low
Interest Loans
St. Paul, Minn. (IPN)
About 100 American Indian
families will be able to
purchase a new home
through a new Urban Indian
Housing Program.
The low-interest loan
money available through
the Housing Program will
be available in specified
urban areas of Minnesota,
the Finance Agency said
on July 22.
I