Native American Press / Ojibwe News (Bemidji, Minnesota), 1996-10-11

              SSs&'H'-X
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Attorneys present TEC with $20 million land
claim offer at closed-door hearing
By Jeff Armstrong
After meeting in closed session with
tribal attorneys who stand to make up
to $2 million on the deal, the Minnesota
Chippewa Tribal Executive
Committee announced Tuesday that it
would delay responding to a
government offer to settle decades-
old land claims until the matter can be
reviewed at the reservation level.
Security officers at the Mille Lacs
Casino in Hinckley appeared unusually
vigilant at the Oct. 8 meeting, searching
this reporter's bag for explosives at
the door.
MCT attorney James Schoessler and
his law partner, Steve Thorne,
presented their case for the settlement
to the 12-member Tribal Executive
Committee while concerned tribal
members were forced to wait outside.
Leech Lake Anishinabe elder Bernard
Rock, who attended the meeting, said
both the settlement offer and the
exclusion from the meeting were
insulting. "We don't even know what
was said, what was agreed upon," said
Rock. "$20 million, that's only two
years of the $9 million that comes in
every year," to state and federal
governments from Chippewa National
Forest revenues from logging and
recreation.
Rock's wife, Feather, was more
vehement in denouncing the proposal.
"It's a ripoff," she said. "It's about
signing away our rights to ever file a
claim again. Thorne knows he's on his
way out, that's why he wants his
cut.. .While we, the people, are fighting,
[the U.S. Government is] in there
putting the screws to our
grandchildren's grandchildren all over
the country."
Thorne and Schoessler, who have
been charged in an ethics complaint
by Leech Lake RBC chairman and
TEC member Eli Hunt of conflict of
interest under their law firm's
reservation contract, would be allowed
by federal law to request from the
court up to 10% of the proposed $20
million settlement. $2 million has
already been spent by the tribe
pursuing the issue over the years, but
the only records of court proceedings
area July 10,1995 order scheduling a
telephone conference and an Aug. 10,
1995 status conference, according to
the clerk of court's office. Although
the U.S. lastyear released to the Tribe
millions of pages of long-sought
documents relating to the turn-of-the-
century land appropriations, those files
have yet to be analyzed.
"We didn't take any action on it,"
said TEC president Norman
Deschampe to several dozen tribal
members present as the meeting briefly
reconvened. "We'd like to let the
individual tribal councils schedule
something on their respective
reservations for some kind of forum to
discuss this issue."
Land cont'd on 3
Attorneys present TEC with $20 million offer
Judge's ruling adds to WE leadership confusion
The aftermath of the trials of the century
Order suspending BIA recog. of McArthur gov./pg 5
Red Lake Sept. tribal council minutes/ pg 8
Voice of the People
j
Interior judge's ruling adds to White Earth
leadership confusion
Native
Fifty Cents
Ojibwe
News
We Support Equal Opportunity For All People
By Gary Blair
With the convictions of the White
Earth Wadena gang, headed by former
reservation chairman, Darrell "Chip"
Wadena, secretary/treasurer, Jerry
Rawley and district representative,
Rickie Clark, peace should have been
brought to a place known for its
poverty and unrest, but it was not.
Instead, the early takeover of the
present reservation government,
headed by elected chairman Eugene
"Bugger" McArthur, sparked
additional conflict when they
appointed two unelected members to
fill the positions on the five-member
tribal council left vacant by the
convictions. Opposition developed
with those appointments and sides
were once again drawn among certain
reservation members, some who had
lost in last June's reservation election.
As before, protests and a letter
campaign was started that called for
new elections and an appeal of the
Minneapolis Area BIA's decision to
recognize the new White Earth tribal
council was also launched. There were
likewise threats that a takeover of the
new government was planned, but
never occurred. Reports that people
with weapons were stationed on the
roof of the tribal council headquarters
in the town of White Earth were
likewise alleged.
Attempts to keep the Minnesota
Chippewa Tribe's Executive
Committee (TEC) from recognizing
the McArthur government were made.
During a meeting on Tuesday in
Hinckley, MN, however, the TEC
finally recognized McArthur as the
chairman of the White Earth
reservation. But on the same day, the
United States Department of the
Interior's office of hearings and
appeals issued a decision that
challenged the Minneapolis Area
Bureau's recognition of the new White
Earth tribal council. Chief
Administrative Judge Kathryn A.
Lynn advised the local BIA office that
the procedure used in their decision
was "incorrect" and that a different
interpretation was needed (see Lynn's
letter on page 5).
Elliot Moffett, tribal operations
officer of the BIA's area office, told
the PRESS Thursday that his office
plans to handle Judge Lynn's order in
the following manner: "She is the
same judge who will make the final
decision on the appeal that was filed
(by Darrell Wadena, Tony Wadena,
Jerry Rawley, Paul Williams, Rick
Clark, and Doyle Turner). We have
no plans to take any action at this
point, because she (Lynn) has no
authority to overrule the TEC's
recognition of McArthur. By the time
that she rules, the new White Earth
elections will have taken place and
that should take care of any further
decisions on the matter from our
office," Moffett said.
Although there has been little actual
violence surrounding the conflict at
White Earth, the TEC meeting at
Hinckcly was the scene of a bloody
fist fight between former district
representative Rick Clark's sister
Beverly and appointed district
representative Irene Auginaush-
Hvezda. Sources who help break up
the fight say Clark's sister hit Hvezda
when she described how Beverly s
brother was going to get AIDs in
prison.
Founded In 1BBB
Volume 8   Issue 52
October 11,199B
1
A weekly publication.
Copyright,  Native American Press,  1336
Sulfuric Acid shipments moving again
through reservation
Interim sec./ treas. Erma Vizenor (right) and the White Earth RBC scheduled new elections including
primaries, on Jan. 14, for the two seats held by officials appointed by Chairman Eugene "Bugger" McArthur.
The aftermath of the trials of the century
ASHLAND, Wis. (AP) _ Rail
shipments of sulfuric acid that were
blocked by protesters on the Bad River
Chippewa reservation during the
summer are once again moving on the
route to an Upper Michigan copper
mine.
The shipments touched off the
blockade of a rail crossing on the
reservation by a group called the
Anishinabe Ogitchda, or "Protectors
of the People," that contended the
practice was too hazardous.
The U.S. Environmental Protection
Agency then agreed to look into the
issue during an environmental analysis
of Copper Range Co.'s plan to use
millions of gallons of sulfuric acid to
leach copper from underground mine
shafts at its mine near White Pine,
Mich.
The EPA said last week the tracks
met federal safety standards.
Wisconsin Central stopped the
shipments of sulfuric acid to White
Pine on July 22, when the Chippewa
protesters camped on a section of the
track in a remote site east of
Highbridge.
After days of negotiations between
tribal leaders, protesters, railroad
executives and a federal mediator, the
blockade ended in August, with the
railroad agreeing not to ship any acid
until safety issues were resolved.
The line is in such poor condition
that, under federal regulations, trains
can travel no more than 10 mph on it.
Rcilly McCarren, executive vice
president and chief executive officer
of Wisconsin Central Ltd. railroad,
said three tank cars of sulfuric acid
were shipped on the line Saturday and
further deliveries were anticipated.
The railroad and Bad River tribal
officials have been in lengthy
negotiations over the trains, but
according to McCarren, the railroad is
unsure if an agreement the railroad
company thought it had with the tribe
is in effect or not.
"We're a little bit in the dark as to
what their status is," said McCarren.
By Gary Blair
Questions about the status of
Chippygate defendants Henry Harper
and Peter Pequette, who used their
Notary Public Stamps to certify
fraudulent absentee ballots during the
1994 general election at White Earth,
continue to be asked.
Also, Leech Lake's secretary/
treasurer, Daniel Brown, one of the
trio convicted during Finngate has
likewise drawn new attention. Reports
say Brown, who was sentenced to one
year of electronically monitored home
detention that started Oct. 3, 1996, has
been seen around Cass Lake, MN
since that time.
According to sources at the U.S1
Attorney's office in Minneapolis, this
is what has occurred: U.S. district
court judge Michael J. Davis is
reviewing Harper's medical records
submitted to the court by his attorney
as to his fitness to stand trial for the
misuse of his Public Notary Stamp.
"He will eventually stand trial; it is
now up to Judge Davis as to when that
will take place," the source said.
However, Peter Pequette, who
likewise had a Notary Public Stamp
for hire during the White Earth
election and who sold those services
to members of the Chip Wadena gang
is yet to be charged. "As you know,
Pequette testified about his illegal
notary activities in federal court and
in exchange for that testimony he will
be allowed to plead guilty in State
Court. "I know there has been some
confusion, but now the paperwork is
starting to move and soon he will be
charged — it's a misdemeanor," the
source said.
As for whether Daniel Brown is
under home confinement, he
apparently did not understand what
Judge Davis meant by home detention.
Reports received by the U.S.
Attorney's office in Minneapolis
indicated Brown was recently seen at
the Leech Lake tribal office in Cass
Lake, MN the day after he was
supposed to have started his home
detention. Although, Brown will be
allowed to leave his residence for
medical appointments, all departures
from his home are supposed to be pre-
approved by the federal probation
office in St. Paul, MN.
Trials cont'd on 5
Former chairman sentenced
Appeals court keeps Mescalero casino closed
BISMARCK, N.D. (AP) _ Former
Three Affiliated Tribes Chairman
Wilbur Wilkinson has been sentenced
to 21 months in prison for
embezzlement and other offenses he
committed while he ran the Fort
Berthold Reservation tribe.
U.S. District Judge Patrick Comny
on Monday also ordered Wilkinson to
pay $27,972.25 in restitution to the
tribe. Comny ordered that Wilkinson's
sentence will be followed by three
years of supervised release.
Wilkinson was convicted last July
of embezzling tribal funds, making
false statements to the Bureau oflndian
Affairs and falsifying documents. The
offenses occurred in 1993 and 1994
while Wilkinson held the tribe's top
elected office.
Prosecutors maintained that
Wilkinson had converted to his own
use nearly $28,000 intended to pay a
consultant's fees fora project to recoup
bad debts for the tribe.
Wilkinson lost his re-election bid in
1994 to Russell "Buddy" Mason.
(AP) _ The Mescalero Apache's
casino must remain closed and the
Jicarilla Apache's casino may remain
open, at least through Nov. 20,
according to a decision this morning
from the 10th U.S. Circuit Court of
Appeals in Denver.
The Mescalero Apaches had
appealed a federal judge's ruling that
closed the tribe's south-central New
Mexico casino near Ruidoso. In a
separate case, U.S. Attorney John
Kelly had asked the appellate court to
reconsider a decision allowing the
Jicarilla Apaches to continue operating
their northern New Mexico casino at
Dulce.
The court denied both requests this
morning, said Pat Wyman, a deputy
clerk at the court in Denver.
The court said both Apache cases
should remain on hold pending a
decision in a similar case before the
appeals court involving the legality of
the nine other Indian casinos in New
Mexico, run by nine different pueblos.
That hearing is scheduled for Nov. 20
in Albuquerque.
Neither Mescalero tribal President
Wendell Chino nor Kelly were
immediately available for comment.
The Mescalero casino is the only
one of the 11 Indian casinos in New
Mexico closed in the wake of three
federal court and state Supreme Court
rulings that Indian gambling is illegal
in the state. Gov. Gary Johnson, who
signed compacts with the tribes in
February 1995 to permit casino
gambling, should have consulted the
Legislature first, the courts said.
One federal ruling applied to the
Mescaleros, one to the Jicarillas and
one to the nine Pueblo Indian tribes.
In the latter case, Vazquez ruled in
July that the pueblo casinos were
illegal, but she granted a stay _ a
temporary reprieve pending appeal to
the 10th Circuit, which has scheduled
the November hearing.
The 10th Circuit Court agreed to let
the stay apply to the Jicarillas as well,
but today said it does not cover the
Mescaleros.
The Mescalero casino at the Inn of
the Mountain Gods _ part of a $20
million luxury resort complex near
Ruidoso_closed two weeks ago. Last
week Casino Apache laid off half the
payroll, about 350 workers.
Mashantucket's $200M bond issue
largest among any American tribe
Congressman wants scientists to get closer look at skeleton
LEDYARD, Conn. (AP) _ The
Mashantucket Pequot Indians issued
$200 million in special revenue bonds
Monday, making it the largest tax
exempt placement ever issued by an
American Indian tribe, the Pequots
said.
The bonds were issued to repay
existing tax-exempt debts and help
finance the construction of the tribe's
museum and other infrastructure
projects.
The Mashantuckets are the owners
and operators of the highly successful
Foxwoods Resort Casino.
The more than 20 investors who
bought the $200 million in bonds were
mutual funds and insurance
companies.
The tribe said the bonds were also
the first non-credit-enhanced bonds
ever offered by a tribal government to
carry investment grade ratings from
Moody's and Standard & Poor's.
Moody's rated the bonds "Baa."
Standard & Poor's assigned its triple-
B rating to the revenue bonds.
In it's rating, S&P described the
casino growth as "extraordinary,"
noting that revenues have doubled
since 1993.
The bonds will mature at different
dates between 2001-2011.
KENNEWICK, Wash. (AP) _ A
congressman wants a federal agency
to let scientists study a 9,300-year-old
human skeleton more closely before
the remains are turned overto an Indian
tribe for burial.
Republican Rep. Doc Hastings said
in a letter to the commander of the U.S.
Army Corps ofEngineers that immediate
burial of the skeleton without further
study would be "a tragedy."
"Because the bones are so extremely
old and so little is known about this
period in the settlement of North
America, it seems wise to learn more
about the skeleton's origins before
arbitrarily determining custody on the
basis of a single unsubstantiated claim
of cultural relation," Hastings wrote
in a letter dated last Friday to Lt. Gen.
Joe Ballard.
Hastings, a member of the
congressional subcommittee on Native
American and Insular Affairs, wants
the corps to maintain custody of the
skeleton but allow scientists to have
access to the bones.
The remains _ possibly the oldest
complete skeleton found in the
Northwest _ were discovered in July
by two men wading in the Columbia
River in a Kennewick park, which is
located in Hastings' district. The corps
is holding the remains because the
park is corps property.
A forensic anthropologist examined
the bones, and carbon dating placed
their origin to about 7300 B.C.
Corps officials recently published
legal notices about their plan to turn
the bones over to one of the area's
Indian tribes under the Native
American Graves Protection and
Repatriation Act.
Several scientists, however, have
asked the corps to allow the bones to
be studied. They're intrigued by the
forensic anthropologist's claims that
the skeleton had Caucasian
characteristics and that it could lend
insight into the origin of modern man.
j
But tribal leaders say further study
would be disrespectful, and that age
and physical characteristics don't
matter. They argue the remains should
be buried by Indians during a special
ceremony.
Dutch Meier, spokesman for the
Corps of Engineers' Walla Walla
district, said Monday he had not seen
or heard of Hastings' letter.
The corps is accepting public
comments and personal claims of
cultural relationship to the remains as
part of an ongoing comment period.
"It would really be premature for me
or anybody else to speculate what we
might do until it's over," Meier said.