Native American Press / Ojibwe News (Bemidji, Minnesota), 1996-12-20

              ev*S*i
i'"^*^^^
Reese wins first round of Leech Lake election
Schulman, Johnston contend for runoff
(N \t'ON)    Perennial    reform
candidate Walter "Frank" Reese won
onvincing first round victory in
elections tor Leech I akc secretary
treasurer With 126 absentee ballots
left to count, Reese had captured
close to one quarter of the \ote 111 a
i {-candidate field, with .'s-» Reese's
absentee total u;ish' \ otes ahead
of tiis- closest challenger, Richard
Schulinan.
Leech I ake's general election,
between the top two ImisherN, will be
held Jan. 2
ording to Reese, the vote
represents a strong mandate tor the
constitutional and political reforms be
has advocated tor the past 10 scars
ople definitely want change," he
i Reeae vowed to carrj out ins
responsibility to make available
nplete, mprehensive
miiuites"ol'RHC meetings, as well as
.mh quarterly financial
reports, which he would submit to all
community councils.
Reese first ran for office in 1988.
He appealed the election that year on
the basis that the declared \ icior had
not met the constitutional requirmen!
of a majority vote Hia appeal was
upheld in election judge Margaret
lieur. who ordered I new election
Trout's decision was subsequently
overturned by i tubal court of appeals
created and headed by 1 larold "Skip"
Finn, but primaries have been
demanded    since    thai    time,
culminating in last  November's
amendment to the MCT election
ordinance
Ironically, if the primary system had
not been instituted, Reese would have
been elected outright this year Hut he
the change is worth it   " Hie
Constitution says majority; that's what
it should be, I be constitution is too
important to leave to tnbal officials"
Reese said he would act immediately
to begin informational meetings in
Conjunction with local councils iii
order to pave the way for a tribal
constitutional convention.
According tO Reese, a recent stale
appeals court decision on tribal
iiiiisdiciion over traffic regulations
should spin discussion among the
people and coiinnuitics ol 1 eech I ake
on    Ihc   need   to   establish   an
independent judiciary.
Reese was followed by Richard
Schulman,who received 22\ votes,
with Inula Johnston close behind at
Schulman 01 Johnston will likely
Reese in next month1
election   I heoielicallv, lohn
.'kcin.in tortile KH<  and recipient
of 1 i the
runoff, but only if he w
at least half ol ail absentee ballots
wink-Joi Schulman
Judge rules White Earth dispute must be
resolved internally Both sides claim victory
IK Jeff Armstrong
bile two competing taction
White Earth maintain that
administrative judge's ruling released
this week supports their (
emrnental authority, the
nly to reaffirm the reign of
confusion on t!
Th.
Apr. turned a Ju
•ntorccoc
an interim tribal council al \\
ii, but th I ruling
rs the BIA to refrain I
further intervention in the
After prevail mg in the June 11 tribal
elec: rhur and John
kanaga swore the
rem. ider the tnbal
srthur     and
Buckanaga      then      appointed
replacements for Iv
uck.inaga and  I
the   interim   tribal
council.citing llu impossibilil
the constitute
11 of the
> thems,
-muted a . the
cl tribal
some that they arc using tllej;
•ions toun
ic decision embodies a 'rctreai
the old days of paternalism' that
IBIA]
condone on behalf of if;
alhryn I ynn
i   the BIA should
have : the const
by asking for an opinion from the I
ts purported am I-..
Bul ihc interim business comn.
indicated no wtllingi
ground in (he disp
,c to the nil in
RBC was qui. •
from an apparent legal sctbu
press release. McArthur
aaaarttd thai the ruling sgengthuus the
.-d to ihe
II continue io*twfc
with us here a: lh no longer
js an interim government. Kit js nil-
Dispute cont'd on 3
Panel reverses BIA decision on McArthur's
leadership Authority at White Earth faces
By Pal Do
Hinncjr ■ hune Staff Writer
Raising new doubts about authority
on    the    White    I arth    Indian
Reservation, a federal panel
reversed a decision ireau
oflndian Affairs recognizing I ugene
(Bugger) McArthur as chairman ofthe
band
The Inte ndian
Appeals in Washington. d the
dec i BIA
e in June lo rccogni/c McArthur
atitol ■   a n ■-. uranted intru
into trtl
-nment "
But the ruling's effect «
immediately
Tuesday
longstanding p<<!>r
Ihc reservation in northwestern
The tederai government doesn't tell
tribes w ho their leaden should be. but
il docs decide who u will rccogni/c
variety of funds and services.
And the stakes have risen since such
tribes as While I arth began operating
gambling casinos Congress gave the
federal government pow er to oversee
Ihc opcrati ihal
governments that run casinos  Ihc
.ind runs
' '    •■ im •
McArthur. who won election in
June, used BIA recognition t
•r during the summer an.
Court limits arrests on reservation
Ruling says only the tribe can enforce traffic laws
Voice ofthe People
\
Native
Fifty Cents
Ojibwe
News
under the
"the Band, as a sovereign nation, has
not    only    the    right,    bul
rmng documents or the Indian
V i  .I,f v   A -i      lit A   mticf rijaf
We Support Equal Opportunity For All People
Founded In 19BB Volume 9   Issue 1 O December SO, 1 996
1
A   rviM-klij   pulilii .il inn .
I upurlqhl,   Native American Pre**,   199E
Buffy Sainte-Marie releases new CD
whe :dcs hcr
Acaderm Award winning song by die
samcrurnc i what h n is the theme s.itig
r and a
ass»ell as acme of her
t popular mu rsal
it's Time for You to Go.
the Buffalo s (n»r»c. ( npplc
ivc. I aglc Man.
'   rand Indian Cowboy arc all
tOJJJg
nie-
■aria dcecribca as a "powwow love
apiigend which she ban recorded as a
<"D.
aaaaHsV     S
new doubts
iegmmaic an election ■
held in September
That race was won by Doyfc Turner.
baa claimed that the BIA acted
improper
Icvisionbv the Intern* Boa-
Indian Appeals to reverse d
dec iswo waa expected to boosi Turner
and others challenging the McArthur
government
iur said Tuesday he
beheved the BIA would regard the
ruling as merely a rr> ommcndauon
and continue to recogni/c hin.
don't sec it impacling anything
said of the ruling
m ihr
i V
^^aaa»?
W*7      u p    ,, HERE   WE   BELONG
m
m ]
a   .-,, «   •   iJMkf^L; • -MM.-* JUL.    •
record
digital
nrutci
album, and often work* i
music  She also creales
painnngs on hcr Macintosi
which  have  been   exhibited   in
museums, galleries and on-line,
tier songs have been performed by
hundreds of artists over the years,
including   Klvis   Pic len
pbcll. Roberta Fla«. I
Dumoni: pi in. and Barbara
Streisand Buffy Saintc-Manc her
performs in concerts both large and
small primarily in Canada. She teaches
college courses and lectures in a
variety of fields, including digital art,
philosophy, film scoring, electronic
music, song writing. Indian issues and
government, and remaining positive in
the face of tough human realities
Hcr new CD reflects this positive
approach to life, and would be a good
sing stufTcr" for Christmas.
Report says nine N.M. casinos fail to meet
federal standards
By Robert franklin
Minneapolis Star lYibuik
ncrs and sheriffs officers
cannot ticket tribal members on an
Indian reservation for violating some
traffic laws - including speeding,
driving without a license or bavin
trance - the Minnesota ( otttl Off
Appeals ruled Tuesday.
It is up to tribal authorities to
enforce such traffic regulations under
a reciprocity arrangement with the
. the court said in a case involving
the White Larth Reservation in
northwestern Minrn
That may mean those laws will go
unci ml M.ihnomcn County
Sheriff Richard ROOM) Aside from
two IS no
law enforcement here whatsoever, he
I hey do not enforce
criminal or trnttic lypelaws It's.i
concern forpublu
The reservation covers a large
agriculture, timber and resort area
north of Detroit I ake.. includiir.
of Mahnomen and part ■. ot Meeker ami
( learwatercou:
In   Tuesday line tribal
members admitted in a lower court
that they broke traffic laws, including
driving without a Incuse or auto
registration, drivine without ,i seal belt
or failing to have a child restraint seat,
with an expired
license and h.iv mg no in n no
' Oi msur.i:
But a Mahnomen ( omits district
ludge threw out all chat :>i tor
three   of driving   after   licei
ii   I hose re not an
issue in I ucsdav s niling by the ( ourt
of Appeals
In upholding the lower court, the
CoiUl ol Appeals said that, lor the
other eight categories ol traffic laws
in question, the state has no
enforcement authority against tubal
members on the reservation.
"While   wc   recognize   that
Rilling  COnfd On  10 Hv I aurie Assco
Al.BCOl I ROIT (AP)   I he head
ol  the   National   Indian  (iaming
Commissi." asinos
try dam good t
notwithstanding the
commission's study showing tribal
ind nine of IO New
minimum federal regulatory standards.
Ihc Albuquerque I ribune reported in
a cop> right story I hursday.
Ihe study by the National Indian
(iammg Commission also found that
more than 200 tribal casinos
nationwide have tailed to meet the
rules, the paper said
Most casino operating tribes m the
country have tailed to submit annual
audits,   fingerprints or  background
cho es. according
to the stud\ conducted lor Interior
Babbitt
tnber studv found that 32
the nation's l~A tribal gambling
operations met all eight conditions
spelled out in the 1988 Indian Gaming
Regulate
The Tribune said Pojoaque Pueblo
was  the  Onl Mexico  tribe
meeting all conditions
The survey onl not examine the
Mesc.ilcio Apache Tnbe'scasinonear
Ruidoso because at the time oi the
survcx. the casino was closed. Hut all
10 other casinos in New Mexico wcic
included in the studv
Alan Fedman, director of the
National Indian l iammg('ommission.
said the report docs not mean Indian
casinos  aie cheating customers or
falling prey to organized crime
"The picture is not nearly as bleak as
the conclusion one would draw from
the report," he said
1 -edman explained: "Some tribes are
partially in compliance, some are
coming into compliance. But for the
report, we had to come down on one
side or another for Congt
New Mexico's casmo-operating
tribes, be said, "have some of the
strongest regulatory Structures in the
country
"They arc doing a pretty darn good
job. themselves, and none of that is
reflected in the report." said Fedman.
Hut Fedman said tribes that tail to
conduct background checks could end
up with employees with "the wrong
Report cont'd on 5
Federal court to review dispute over tribal ban
Hunt urges Leech Lake to look to future
By Anne Dunn
( ass Lake, MN - About 75 Leech
Lake residents assembled at the
Palace Casino Dec. 18 to meet with
RBC chairman Eli O, Hunt
Hunt urged the people to "look Bl
the big picture." He said I.ecch Lake
enrollees must begin now to make the
kind of long-range plans needed to
prepare for the future.
"Where will we be in 10years.., five-
years?" he asked.
The chairman cautioned them
t erning extremists and encoura
the formation ol strong local councils
According to Hunt, present tribal
government representatives have not
maintained contact with then
constituents. Because ol this history,
they've been unable lo make good
decisions for their welfare and then
future.
Hunt continues to advocate foi
change, but he's hem stonewalled by
committeemen Ellis, Fairbanki and
Seelye, who refused to recognize foui
key Hunt appointees.
Early in bis chairmanship, Hunl
replaced lour top administrative stnfl
with those ol hr. choosing, hut the
three councilmen disputed his right to
do so and died suit against the
Chairman Ltl state and tribal court 1 Ins
frustrated any plans Hunt had loi
effecth c management of tribal
rnrnenf operations.
Regarding the recent agreement
between himself and the three
c oiim■ilinen.   Hunt  said. "When   I
agreed to mediation ii meant that I'd
have to give up something I knew tli.il
the lour stall'persons I'd lured would
be an issue. When I dismissed Roger
Aitken, Donna Murray, George Wells
and ( harlie Hrovvn. Ihcy objected and
Challenged my authority."
lie pointed out that the constitution
Meet cont'd on 3
WASHINGTON (AP) I he
Supreme Court today let five people
challenge m tederai court a New York
Indian tribe's decision io revoke their
membership and banish them from the
reseivalion.
I he COUIt, Without comment, turned
down arguments by leadcis ol  the
Tonawanda Hand of Seneca Indiana
that lederal courts lack the authority
to hear the i
The Tonawanda tribe has a
ieseiv.il ion neai Akron in western New
York.
in late 1991, five tube members
d members ofthe tribal Council
of Chiefs of misconduct. The I'wx
dissidents formed an "interim tribal
council" to govern the Indian nation.
in earl) 1992, the five were notified
then actions amounted to treason and
that they were being snipped of tribal
membership and banished from the
reservation I nbal members
unsuccessfully tried tO forcibly eject
three of the dissidents from the
reservation.
The dissidents said thev stayed on
the reservation but were harassed and
assaulted by tribal officials and people
acting on then behalf, Their homes'
electricitj also was shut oii.
The five challenged the tubal
officials' actions m federal court In
Buffalo. The dissidents invoked a
section of the federal Indian Civil
Rights Act thai lets people challenge
the legality Of then detention b\ an
Indian tube
\ Federal judge dismissed the case.
sav inr  the  law   did  nol  allow   the
dissidents    to    challenge    their
banishment.
The 2nd U.S. Circuit Court of
Appeals ordered the judge to hear the
dissidents' claim. The banishment
order was punishment for allegedly
criminal behavior and amounted to a
"severe actual or potential restraint on
liberty," the appeals court said.
In the appeal acted on today, tribal
officials' lawyers compared the
dissidents to trespassers on a
landowner's property and said
banishment was not a restraint on then
liberty. The 2nd Circuit court's decision
interferes with the tribe's right to define
its membership, the appeal said.
The dissidents' law vers said the
banishment waspunitive and the matter
is not merely a membership dispute.
The case is [onawanda Band oi
Seneca Indians vs Poodry, l)<' 609.