Native American Press / Ojibwe News (Bemidji, Minnesota), 2004-07-08

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Cloudy Waters"
Exhibit look at
Indian view of
Grand Excursion
page 4
Roman "Ducker" Stately for
Red Lake Nation Chairman
page 4
Ducker doesn't deserve
what is happening to him
page 4
Mr. Lawrence, your
editorial last week's
edition was right on
page 4
Editorial reprinted
page 8
Silence, secrecy,
supporters and superficial
work experience make
Buck a poor choice for
Tribal Chair
page 4
Red Lake
Election July 14
By Bill Lawrence
The general election on
Wednesday, July 14, will decide
who will be the new Tribal Chairman. Four of eight representative
seats will also be filled. The General Election is a run off between
the two top vote getters for each
office in the May primary election. Richard Barrett, Sr., incumbent Little Rock Representative,
won a strong 67% of the May
primary vote and will not have to
run now in the General Election.
Roman "Ducker" Stately, a 26-
year Tribal Coimcil veteran, and
political novice Floyd "Buck"
Jourdain face off for the chairmanship. Red Lake Representative candidates for a two-year
term are Rose M. "Rosic Bee"
Barrett and Donald E. Desjarlait.
Ms. Barrett ran in 2002; Desjarlait is a new comer to the elective
process.
Donald J. "Dudie" May and
Kevin F. Cook are competing
for the Red Lake four year term.
Neither have held public office
before. For the first time there
are two female candidates for
the same office; Glenda J. Martin and Barbara M. Thomas are
candidates for die Ponemah post
Allen D. Pemberton, incumbent,
and Vernon D. Clark are candidates for die Redby District Representative.
RED LAKE TRIBAL ELECTION JULY 14
MINNEAPOLIS RESIDENTS VOTE JULY 12
2004 CANDIDATES
CHAIRMAN-TWO YEAR TERM
Roman "Ducker" Stately, Jr. • Floyd "Buck" Jourdain
REPRESENTATIVES
RED LAKE-TWO YEAR TERM
Rose M "Rosie Bee" Barrett • Donald E. Desjarlait
RED LAKE-FOUR YEAR TERM
Donald J. "Dudie" May • Kevin F. Cook
REDBY
Vernon D. Clark • Allen D. Pemberton
PONEMAH
Barbara M. Thomas • Glenda J. Martin
Polls will be open at the Respective Red Lake Reservation
Community Centers from 8 a.m. to 8 p.m. Minneapolis
American Indian Center Poll from 9 a.m. to 8 p.m.
NOTE: MINNEAPOLIS RESIDENTS VOTE JULY 12
AT THE INDIAN CENTER.
Or call 612-874-9590 for More information.
VOICE      OF      THE      PEOPLE
Goggleye and Finn sworn in at Leech Lake
By Bill Lawrence
George Goggleye was inaugurated as die Tribal Chairman of
die Leech Lake Band of Ojibwe
on July 3. Donald "Mick" Finn
took office as DisUict III Representative. In a ceremony replete
widi traditional ritual—prayer,
a pipe ceremony, drummers and
singers—George Goggleye was
sworn in as Tribal Chair before
an overflow audience. The ceremony was held in the Concert
Hall of die Northern Lights
Casino. His parents, Rose Rob
inson and George Goggleye,
gave the oatii of office. His son,
George Goggleye, also participated in die ceremony.
Donald "Mick" Finn took the
oadi administered by former District III Representative Richard
Robinson. Finn was applauded
when he spoke of his position in
regard to a strong law enforcement policy. Finn is a fonner
deputy sheriff.
Both officials commented on
recent Star Tribune articles diat
depicted "the lost youdi of I^ech
Lake" and promised a better future and an end to such adverse
publicity. Goggleye expressed
concern about die condition of
tribal finances, indicating diat
program balances have been depleted. He stated diat Leech Lake
can be prosperous once again but
die immediate future will be challenging. He further pledged diat
the Band would henceforth be informed in regard to the condition
of t ribal finances. The crowd
expressed appreciation at this announcement.
MN Supreme Court validates state-tribal law
enforcement pacts
By Jeff Armstrong
After lengthy review, die
highest court in Minnesota has
determined diat a state statute
allowing for cooperative law
enforcement agreements between counties and tribes is not
contrary to federal law. The Minnesota law in question, Statute
626.93, dictates die terms under
which reservations subject to
state jurisdiction may assume
concurrent (joint) law enforcement powers with state police.
Members of the six-reservation Minnesota Chippewa Tribe
have long contended diat such
agreements usurp die sovereign
right of the people to establish
an independent legal system
of their own creation under the
tribal constitutional amendment
process.
I lowever, the legal challenge
in Minnesota v. Manypenny
focused on holding the stale to
die express terms of U.S. Public
Law 280, which unilaterally
granted states extensive criminal
jurisdiction over all reservations
in Minnesota widi die exception
of Red Lake. Although PL-280
was amended to provide for a
process by which a state might
retrocede, or relinquish, jurisdic
tion to the federal government,
it did not specifically allow for
state-tribal agreements.
The Supreme Court rejected
die appellant's argument diat because state audiority over Indian
Country is limited to that ex-
plicidy granted by Congress, the
absence in PL-280 of language
authorizing cooperative law enforcement agreements rendered
such pacts invalid.
"As further support for her
preemption argument, Manypenny points to other federal statutes that expressly provide for
cooperative agreements between
states and tribes. Widiout such
similar explicit provisions in
Public Law 280, Manypenny argues diat Congress did not intend
to allow the kind of cooperative
agreement at issue here, in essence interpreting Congress's silence as a prohibition. However,
the absence of provisions allowing for cooperative agreements
in other areas of federal law
does not make die cooperative
agreements here incompatible
with federal and tribal interests,
and tiierefore such a preemption
argument fails," wrote Chief Justice Kathleen Blatz for a unanimous court.
Under Public Law 280, as
amended in 1968, a state may
retrocede any or all of its jurisdiction to the U.S. government
with the approval of die Secretary of the Interior, in consultation with the Attorney General
and after publication in die Federal Register. Manypenny dius
argued that the agreement constituted a retrocession of jurisdiction, which failed to comply with
die procedures oudined in die
federal statute.
However, the court agreed instead widi an MCT amicus curiae
(friend of the court) brief, which
significandy argued diat die "the
only jurisdiction exercised in
diis matter was diat of die State
of Minnesota." In so doing, the
MCT and die Supreme Court
confirmed assertions by some
critics diat state-tribal law enforcement agreements constitute
in effect an expansion of slate
police power under die shield
of sovereign immunity. Federal
courts have consistently ruled
that lawsuits against tribal officers must be filed in Uibal courts,
which in the case of the MCT
means accepting die legitimacy
of courts under the direct or indi-
PACTS to page 5
Wadena final
appeal denied,
Vizenor to be
installed July 13
Associated Press
CASS LAKE, Minn. - The
election results for die White
Eardi Band of Chippewa have
been upheld.
A panel of judges at die Minnesota Chippewa Tribal Headquarters on Tuesday affirmed a
previous ruling that die White
Earth election results should
stand.
Erma Vizenor was elected as
chairwoman of the White Earth
Band of Chippewa on June 8,
defeating Darrell "Chip" Wadena, a previous chairman who
spent time in prison for misusing tribal funds.
Vizenor, scheduled to assume
her new post July 13, won 59
percent of the votes to defeat
Wadena. Off-reservation voting was critical to her victory,
taking 879 absentee votes to
Wadena's 176.
Wadena had contested die
election results and accused the
APPEAL to page 3
Report: State's Indian Casinos
had third-highest take in U.S
By Mark Brunswick
Star Tribune
Minnesota's Indian casinos
raked in more than $ 1.3 billion
in revenues last year, the diird
largest total in die country, according to a new report.
The state's gaming tribes
trailed only California's and
Connecticut's in revenues, part
of a $ 16.2 billion national Indian
gaming industry, according to a
smdy by die Los Angeles-based
Analysis Group.
Wisconsin was fifth highest in
revenues.
The top five states, including
Minnesota, accounted for 61 percent of total gaming revenue, the
report said. Indian gaining grew
more than eight times faster dian
commercial casinos.
Despite die large numbers,
revenues for Minnesota's 11
gaming tribes grew only by 1.1
percent in 2003 over 2002, die
report said. Tribal casino revenues nationally rose 12.1 percent
last year. Wisconsin Indian gaming grew by 7.5 percent last year,
according to die report.
Alan Meister, an economist
who wrote die report, attributed
die sluggish growdi in Minnesota to a gambling market that
faces competition from commercial gambling in odier states but
said diere appeared to be areas
for growdi. Most of die growth
in Indian gaming elsewhere was
from tribes building new and
larger resort complexes.
Growth may also be affected
by die uncertainty over die future
of gambling in the state, exacerbated by off-again, on-again
talks between the tribes and die
state over compacts that allow
Indian tribes a continued monopoly on casino gambling, Meister
said.
"Gaming in diat region has always been fairly strong," Meister
said. "The Uibes there are not
expanding dieir gaming options
very much."
Tribal casinos: the Big five
states
Indian casinos in just 5 states
account for about 60 percent of
die total revenue collected by-
tribal gaming nationwide,
according to a new report. Rev-
REPORT to page 5
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Founded in 1988
Volume 17 Issue 4
July 9, 2004
Native American Indian Rico Salinas, 13, of Mexico City, performs at the National Kateri Shrine
and Indian Museum in Fonda, NY, Monday, July 5, 2004, His mother Roseanne Salinas watches
behind him. It was part of a Native American Pow-Wow that wrapped up a three-day event at
the shrine. (AP Photo/The Schenectady Daily Gazette.Peter R. Barber)
Turtle Mountain Tribal Council files injunction
against their own Turtle Mountain judicial board
Turtle Mountain judicial board prevents due process to Marcellais, Cain
By Larry Adams
Freelance j oumalist
An injunction has been
filed by the Turtle Mountain
Tribal Coimcil against die
Turde Mountain Judicial
Board for continual harassment vis-a-vis suspension
of two female judges here at
the Turde Mountain Tribal
Court in Belcourt, North
Dakota.
The two judges in question
are Turde Mountain Tribal
Court Chief Judge Madomia
Marcellais, who is from Turde Mountain and has been
in that elected position since
November 2002, and was
suspended twice by the Turde
Mountain Judicial Board during diat time, and Judge Shirley
Cain, from the Red Lake Ojibwe
Nation, who has been here since
February 23,2004.
However, since a court hearing at die Turde Mountain
Tribal Court on June 23,2004,
an injunction has been issued
by Special Judge El Marie
Conklin, from F6rt Berthold,
Nordi Dakota, against the Turtle
Mountain Judicial Board from
suspending Cain. Cain was "supposedly" suspended widi pay
on May 14,2004, in what was
supposed to be a "closed hearing" but attended by Don Bmce,
C. Joe Parisien, Richard cTonto"
Fredericks and Turtle Mountain
Judge, Victor DeLong. In one
finding, "This court has jurisdiction in diis action and has subject matter jurisdiction." In die
next finding of Judge Conklin's
ruling, 'In reviewing die Constitution and Rules promulgated by
die Board themselves, die Judge
make a specific finding that the
Board has exceeded dieir audiority insofar as suspension of
Judges widiout notice, widiout
an opportunity to respond and
to defend those complaints. The
Judicial Board's own code has
procedures diat need to be fol-
INJUNCTION to page 5
Federal agencies
working together
against Indian
casino crime
By Carson Walker
Associated Press
SIOUX FALLS, S.D.-
Seven federal agencies have
started pooling resources and
working togedier to investigate crime in die nation's
burgeoning American Indian
casino industry, which now
rivals Las Vegas and Adantic
City combined.
"We know diat Indian
gaming is no more or any
less vulnerable to white collar crime dian casinos in Nevada and New Jersey. And
in diose states, predictably
six percent of dieir gaming
revenues walk out the door,"
said Minnesota LI.S. Attor-
CRIME to page 3
Indian tribes out to defeat Prop. 68
By Mary Bender
Pasadena Star-News
Widi billions of dollars in
gambling revenues at stake,
Indian tribes who rely on that
financial lifeline are on die offensive against a November ballot measure to put slot machines
in card clubs and horseraciug
tracks.
Proposition 68, a proposed
state constitutional amendment
dubbed The Gaming Revenue
Act of 2004, would allow 11
card clubs and five racetracks
including Santa Anita Park to
install a combined 30,000 slot
machines.
Those private businesses, in
urban and suburban areas, would
give gamblers an alternative to
California's 50 Indian casinos,
often located in rural or remote
conununities.
Hie competing measure,
Proposition 70, would require
die state to grant 99-year gaming
compacts to federally recognized
Indian tribes. By comparison,
the compacts diat Gov. Arnold
Schwarzenegger signed with
five tribes in June only extend to
2030.
Proposition 70, also a proposed state constitutional
amendment, says Indian uibes
widi gaming compacts would
pay die equivalent of California
corporate income tax. The Agua
Caliente Band of Caliuilla Indians, a tribe near Palm Springs,
submitted die ballot initiative,
which diey titled 'The Indian
Gaming Fair-Share Revenue Act
of 2004.'
Proposition 70 would allow
each California tribe to "choose
the number and size of gaming
facilities it operates (on tribal
lands), and the type of games
offered, diat it believes will
maximize the tribe's income,' according to die ballot measure. It
TRIBES to page 5