The Native American Press (Bemidji, Minnesota), 1993-01-01

              Mille Lacs Treaty Rights Issue Heats Up
By Mel Rasmussen
155 years ago on July 29, 1837 at
the confluence of the St. Peter and
Mississippi rivers in the territory of
Wisconsin a meeting was held. The
commissioner, Henry Dodge,
Governor of the Wisconsin territory
and other officials met with Chiefs,
Warriors and Headmen from the
Ojibwe Nation. Thebands represented
were from the following areas. Leech
Lake, Gull Lake, Swan River, St.
Croix River, Lake Courteoville, Lac
De Flambeau, La Pointe, Mille Lac,
• Sandy Lake, Snake River, Fond du
Lac, Red Cedar Lake. This group met
to discuss and sign the Treaty With
the Chippewa of 1837. This treaty is
now a major point of contested
viability by the State of Minnesota,
Band members and citizens of the
State of Minnesota.
When these few band members
signed this treaty they ceded to the
United States not the states of
Minnesota or Wisconsin lands in
exchange for certain protections and
payments. One of these agreements
or protections was stated in Article 5
of the treaty. Article 5 states: The
privilege of hunting, fishing, and
gathering the wild rice, upon the
lands, the rivers and the lakes included
in the territory ceded, is guarantied to
the Indians, during the pleasure of the
President of the United States. This
treaty became binding with the United
States of America and has the support
of two other major pieces of law and
legislation that give it support and
protection. These documents are the
Constitution and the Northwest
Ordinance.
These two documents, developed at
a very early time in the United States
recognized the sovereignty of Indian
Nations and Tribes in this country.
The Northwest Ordinance stated the
following, "The utmost good faith
shall always be observed towards the
Indians; their lands and property shall
never be taken from them without
their consent; and in their property,
rights, and liberty they never shall be
invaded or disturbed, unless in just
and lawful wars authorized by
Congress; but laws founded injustice
and humanity shall, from time to
time, be made, for preventing wrongs
being done to them, andfor preserving
peace and friendship with them." The
United States constitution went on to
confer and set out to the federal
government the power to regulate
commerce with the Indian tribes, and
defined the treaty-making process.
On a historical note during the year
of 1837 the United States met with
various Ojibwe bands to purchase
land in the Wisconsin, Chippewa,
and St. Croix river valleys. The main
reason for wanting to purchase this
land was because of the rich forest
land that existed therein. However, at
these meetings at the St. Peter site and
at Fort Snelling, the Ojibwe argued
that there should not be any signing of
treaties as it did not include all of the
various bands that lived in these areas.
Present at these signings were bands
from outside the area in question.
Somehow these bands were urged or
possibly coerced into signing away
the rights of some bands. Those band
that arrived late from the far
outreaches of the designated treaty
lands never had the opportunity to
speak to the issue. Presently to this
day there is dissension and discourse
because of this action on the part of
the United States.
Today there is the issue of how and
under what authority does the Mille
Lacs Band have the right to negotiate
a treaty or an agreement with any
governmental agency. Because of this
Inside this week's Native American Press
* R.L BIA Lieut- kills two, is shot by deputy
*Mille Lacs Treaty rights issues examined
*Bud Grant speaks about Mille Lacs
*Bug School students go to Washington,D.C.
*Guest Editorial by Gerald Vizenor (revisited)
Turtle Island Blues Update
*Dale Johns sentenced to prison in Minneapolis
Native
Mille Lacs/ Page 3
Dale Johns Sentenced to Nine Years
By Mel Rasmussen
Dale Johns, former employee of the
Red Lake Indian Reservation and past
Director of Social Services for the
Tribe was sentenced today in U.S.
District Court. Johns, a alleged
spiritual leader and practitioner of
traditional Indian Medicine was
sentenced by United States District
Judge Harry H. MacLaughlin to nine
years in prison. Johns was charged
with sexually abusing his stepdaughter.
At the sentencing, MacLaughlin
said that what Johns did was sexual
abuse at its ugliest because he betrayed
his standing in the community and
violated his role of trust as a spiritual
leader and a step-parent.
During his original trial in
September and after five hours of
deliberation, a jury found Johns guilty
on eight counts of sexually abusing
his fifteen year old step-daughter and
continuing the abuse until she was
twenty-one years old.
Trial testimony established that for
a period of over six years, Dale Johns,
abused his position as a parent, a
practitioner of traditional Indian
medicine and a spiritual advisor to
sexually abuse his Stepdaughter. Johns
had distorted matters of faith and
spirituality and had perversely
interpreted dreams to coerce sexual
favors from the victim.
Johns' reputation as a spiritual
leader attracted people from around
the region and he travelled to other
parts of the United States and into
Canada to provide his services.
Assistant United States Attorney
Jeanne J. Graham said that the jury's
verdict and resulting sentence is one
step in the healing process for this
victim and many other abuse
victims from the community who
may now have the courage to step
forward.
The case is the result of a joint
investigation by the Federal Bureau
of Investigation and the Red Lake
Police Department. Presently there
are over five such cases under
investigation for similar charges and
violations of peoples rights.
Wm Support Enusil Opportunity For All People
Founded in 1331     VolumeB Issue 34       January t, 1333
1
CaBuriaht. The Native
i,  133B
Off-duty Red Lake BIA Police Lieutenant
kills two, wounds two, then shot by deputy
Two men were shot and killed
and two others wounded at a bar
in Turtle River, just northeast of
Bemidji, MN, last Sunday
morning at 1:00 p.m. The gunman
was then shot and killed by a
Beltrami County Sheriff's deputy.
Delwyn Gene Dudley, 42, a
Red Lake BIA Police Department
lieutenant who was off duty at the
time, shot and killed Darrell
Wayne Lussier, 40, and Gary
White, 36, of Blackduck, with a
semi-automatic M-16 outside the
bar.
Dan Holloway, 38, was
apparently shot, inside and
Wayne Loch, 30, was shot
outside the Turtle Shell bar with
a 9-mm handgun by Dudley, an
18-year veteran of the Red Lake
Police Department just prior to
the outside shootings.
The late gunman's apparent
motive for the shootings was a
rumored relationship between
Lussier and Dudley's wife,
Elfreda.
Lussier was a former Beltrami
County deputy sheriff and ran for
sheriff unsucessfully in 1986. He
was also from the Red Lake
Nation, 30 miles north of
Bemidji.
Dudley was apparently trying
to find his  wife, Elfreda or
Lussier's wife, Barbara.
Lussier and two females were
allowed back in the Turtle Shell
after the altercation between
Dudley and Lussier apparently
because Lussier did not start the
fight.
The Red Lake Chief of Police,
Joyce Roy said that Dudley was
on leave for a back injury from a
accident earlier this month. She
never thought Dudley would
shoot four patrons at the Turtle
Shell bar in Turtle River.
Dudley became a Red Lake
patrol officer in 1974 and then
became a BIA officer in 1978 and
also served as the Red Lake
canine officer as of 1990.
Dudley apparently went around
the bar, turning over women who
sought shelter on the floor to see
if Lussier's wife "Barb" was on
the floor.
Apparently, the band playing
music at the Turtle Shell did not
realize that Dudley was shooting
people. When they did, the
musicians and patrons scattered,
fearing for their very lives.
According to Rita Freeman,
who was the bartender that fateful
Sunday morning, Dudley then
shot Holloway in the bar.
Dudley then ordered people out
of the kitchen area and shot Loch
next. He then proceeded to fire
randomly in the bar.
Freeman said that it appeared
to her that Dudley knew exactly
what his doing and did not
appear inebriated in any way
once he started shooting.
Dudley then went out, got the
M-16 out of his car and
proceeded to shoot Lussier and
White near the entrance of the
bar. Both of the men died as a
result of the shootings.
According to reports, a
Beltrami County Sheriff's deputy
was dispatched to the scene,
responding to a 911 call at the
bar.
Dudley then tried to leave the
scene in his truck after the
deputy had reportedly witnessed
Dudley shooting one of the men
outside to death.
The deputy warned Dudley to
halt. Dudley continued, and as a
result, the deputy reportedly had
no choice but to fire. Dudley was
killed as result.
Loch is in good condition and
Holoway is in fair condition, a
North Regional Supervisor said
Tuesday night.
Photo by Buo School SM
Here are the Bug School students posing with the national Christmas tree in Washington, D.C.
Bug School Kids Invade Washington, D.C
For Tree Ceremony
Bud Grant Speaks Out on Mille Lacs Issue
By Mel Rasmussen
Former Minnesota Viking Coach
Bud Grant was reached by telephone
recently and asked about his position
oh the Mille Lacs Treaty Rights issues.
In the interview Grant was asked
about the article in the December 18,
1992 issue of the PRESS concerning
his involvement with the Save Mille
Lacs Association.
Grant stated the following, "Having
been in coaching, I don't really
comment on what other people write,
in terms of commenting, I can tell
what I feel but it won't be in relation
to what you wrote. I don't feel I can
comment on what you say but I can
tell you what I think." Grant talked
about his letter to Senator Bob Lessard
and stated that this letter was written
by a number of sportsman groups and
he felt that as a spokesperson for this
group it reflected his views on the
matter.
Grant stated that the two issues that
are a concern for the group he is
speaking for are that we should go
and settle this issue in court and
peacefully. Secondly that we are
seeking to protect the resources
available. All of the other byplay that
has been brought out is just an appeal
to get out of the position of settling
this in court. He felt that this is a
situation where someone has to win
or lose.
Grant was asked about the other
signatories on the 1837 treaty and
their rights in this issue. To this point
he stated, "This is only the beginning.
I think if there is a negotiated
settlement here then we continue on."
Grant was asked about the DNR
position that the treaty stops at the
state line and what was his comment
on this. He said, "To be perfectly
honest with you, I have to rely on the
lawyers that we have and their
interpretation. More than what I can,
you know, I'm sure that you have read
those treaties there are pages and
pages. It's like reading my insurance
policy when I get done, I'm not sure
what I got. You got to have a lawyer
to interpret the documents that outline
everything that they work out. So I
have to kind of go along with their
feelings. Their feelings are that if we
have to go to court to defend the rights
we are presently under that the state
has a good chance to win."
Grant went on to comment that he
feels that his backers will win. He
said, "I've been in a position all my
life, you know, where you win or you
lose. You don't negotiate a football
game...Unfortunately our legislators
and people in politics are negotiators.
Grant felt that it was important that
we get a decision and that the issues
of confrontation are not acceptable
with him.
Grant did realize that there wer$
individuals who were hotheads and
that any violence was wrong.
However, he did say the following. "I
don't think, we don't advocate this?
It's wrong, wrong, wrong. We dont
want any part of that, we're not going
to do that. But if we have to get the
attention of the legislators, you know,
we'll do whatever way we can. To
make them look at it and hopefully,
you know, agree to go to court. And
the reason of course is from the
sportsmen groups that I represent is
to preserve the resources."
Bud Grant/Page 3
By Mel Rasmussen
According to informed sources,
such as chaperones and other roped in
adult supervisory sources, the children
from theBug-O-Nay-Ge-Shig School
invaded the nations capital for the
lighting of the Nation's Christmas
tree.
This enthused cadre of children left
the Bug School for the ensuing 30
hour bus ride to the east coast. They
started their trip with a send off
breakfast and were wished well by
their parents, relatives and friends.
Throughout the trip the children were
well received at the different stops
that they made enroute. There
appeared to be a great amount of
enthusiasm from other travelers on
the highways and byways when they
met this group of enraptured children.
While passing through the state of
Ohio, this august group of travelers
were greeted by a familiar sight that
warmed there hearts. A full blown
snow storm. This created an all too
familiar scene of snowbirds in the
ditches and alongside the highway.
To some it was comforting to see a
familiar sight so far from home. The
group was glad that competent drivers
were at the helm of their iron steeds.
These masters of the highways would
see them through safely to their
destination regardless of the weather.
Finally after the grueling journey
on the "Dog", the group arrived at
their final destination the Capital Park
Plaza Motel. Again, according to
informed sources, never has a motel
experienced such an invasion. The
closest thing in the memory of one
wag at the Motel was when he was
heard to mutter that this reminded
him of the Pearl Harbor Invasion.
Surprisingly their arrival date in
Washington did correspond with the
December 7th anniversary of Pearl
Harbor.
One of the first things this young
crew did was to explore there various
room accommodations. Some were
concerned with who had better rooms
than others. Some even traded rooms
to upgrade their living arrangements.
Needless to say, the desk clerks were
not ready for this invasion force and
their attack upon their proprietary
nature. Then after a good nights sleep,
in a phrase used loosely, the group
made their final plans for the assault
upon the nations capital.
Some of the many points of interest
for the students included their viewing
of the famous tourist attractions. The
Washington Monument will be
remembered for "all those steps." The
changing of the guard at the Tomb of
the Unknown Soldier was impressive
and somber for all. Because of this
impressive sight many students tried
their hand at precision marching. Also
a tour of the White House gave the
students a chance to envision living
in this place at some time in the
future.
Another big attraction for the
students was the short ride on the
METRO to a shopping mall at
Pentagon City. This is not to be
confused with the Mall in front of the
Nations's Capital. Some children
originally thought this trip was to a
shopping mall and didn't know that
the Nation's Mall was a large grassy
area. Needless to say, some young
women in the group managed to
become separated from their different
groups and according to the
interpretation of the chaperones were
lost. However, after asking these
young women if they were lost it was
determined that they were definitely
into power walking in the mall and
just temporarily got ahead of their
chaperones. There were some
comments about not being to keep up
with the pace in the fast lane.
Some concerns were raised about the
necessity of feeding this hungry crew.
There were massive orders called out to
such establishments as Kentucky Fried
Chicken and Dominos. All of who
delivered to the motel. Also a local
catholic church (name and location
unknown) provided meals to the crew
and their aid and assistance was
greatly appreciated by the chaperones
of the group.
The trip proved to be an experience
in a number of different ways. For
somechildrenthis was their first time to
see such things as escalators and glass
elevators. Onamore subdued note some
students had a chance to see some of the
homeless people that now live in the
streets of our country. Some children
asked if these individuals could collect
welfare and were told no because they
have no permanent address.
Finally the highlight of the trip was in
the honoring of the nations Christmas
tree that these young guardians held in
such high regard. To the students it
was a great honor to be part of the
Minnesota contingency who brought
a light of hope and peace to the country
from their own back yard. During the
dedication of the tree young George
Goggleye, Jr. place an eagle feather
in the tree, while Reuben Goggleye
spoke about the tree and its
significance and gave a prayer for its
spirit. Their songs and prayers, in
conjunction with the pipe ceremonies
and honoring of the spirit of the tree,
were felt by the many visitors and
citizens in the D.C. area. Another
honor was in having the school chorus
and drum group hold a mini powwow at the Bureau of Indian Affairs.
This was in addition to having the
drum play its honor songs for the tree
and for the country.
Finally it was time to return to their
homes and the group started its long
trek back to Minnesota. Forthisgroup
of now seasoned travelers it would be
an event they would never forget. The
students of the Bug-O-Nay-Ge-Shig
School added to this nations history
and were now part of a event that will
never be forgotten in the minds of
many.
On a lighter note, the students of the
school would like to remind the public
that they are still holding a fund-raiser
to pay for this trip. They are having a
raffle forthechain sawthat cutdown the
tree. This prized saw is on display at the
Bug Schooland if there are any interested
parties out there they are asked to contact
Dolly Evans at (218) 665-2282 for
further information. The students still
need you help and welcome your
donations. Oh yes, the drawing for the
saw will be on January 18, 1993.