Native American Press / Ojibwe News (Bemidji, Minnesota), 2005-09-30

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INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4-5
CLASSIFIEDS 7
Leech Lake Band of
Ojibwe in Tribal Court
page 5
Delay operated
close to ethical
edge, drew
Democrats' ire
page 4
Response to Patti
Michaud-Cook
page 4
Small N.C. museum
making big changes
to preserve Cherokee
history
page 4
Freedom of the
Press usurped
at Leech Lake
page 4
Press/ON denied sales venue at Teal's Grocery
By Bill Lawrence
Teals Grocery of Cass Lake has
been a sales point for the Native
American Press/Ojibwe News for
over seventeen years. It's the only
sales venue where the paper has
been sold, uninterruptedly, since
the first issue. Over the years,
other stores owned or controlled
by the tribe have from time to time
denied us the right to sell, but the
paper was always still available at
Teals.
This week all that changed.
When our sales representative went to deliver the Native
American Press/Ojibwe News last
Friday, he was told we could no
longer sell the paper at Teals. He
tried to get a reason for the denial
but received none. He requested
to speak to the owner, who was
paged twice, but received no
response. He was then directed
to another person in management
but the person was not aware of
the situation and could not offer
an explanation.
Press/ON has been unable to
discover the reason. We tried to
speak to Roger Teal, the store's
current operator, but he was out
of the store and unavailable for
comment.
We talked to Secretary/Treasurer
Arthur "Archie" LaRose. He was
not aware of any formal action by
the Tribal Council. He said it was
not a part of any action he had observed and that he would have opposed it if it had been proposed.
We can only speculate why. It
seems unlike a merchant would arbitrarily stop providing the paper
as a service to the people without
discussing it with us. It was left to
a clerk at the check out counter to
give us the news.
McCain cites 'obligation' to non-Indian patrons of casinos
As he attempts to strengthen
the regulation of the $19 billion
Indian gaming industry, Sen. John
McCain (R-Arizona) reiteratedhis
support for tribal sovereignty last
week.
"I respect tribal sovereignty and
have a clear record of support for
tribal sovereignty sometimes to
the dismay, perhaps, of some of
my constituents," McCain said at
a September 21 hearing before the
Senate Indian Affairs Committee,
which he chairs.
But in defending his record,
McCain advocated a somewhat
controversial view. He said that
sovereignty is limited in areas
like tribal gaming, an industry that
employs tens of thousands of non-
Indians and attracts non-Indians to
casinos across the country.
"To assert tribal sovereignty
over an operation that does not
involve Indians but non-Indians
to me is not a valid enough argument because I have an obligation
under the Constitution ... to all of
our citizens," McCain said. Tribal
sovereignty is "overridden to some
degree" by a need to protect "all
citizens" from potential corruption
at casinos, he added.
That kind of reasoning was
behind a recent labor law decision that overturned 30 years of
precedent in dealing with tribes.
By a 3-1 vote in May 2005, the
National Labor Relations Board
asserted jurisdiction over tribal
enterprises that employ or affect
non-Indians.
"As tribal businesses prosper,
they become significant employers of non-Indians and serious
competitors with non-Indian
owned businesses," the ruling,
which has been heavily criticized
by tribal leaders, stated. "When
Indian tribes participate in the
national economy in commercial
enterprises, when they employ
substantial numbers of non-Indians, and when their businesses
cater to non-Indian clients and customers, the tribes affect interstate
commerce in a significant way."
The federal courts have taken
a similar route in attempting to
resolve tribal-state disputes over
taxes, land and jurisdiction. When
off-reservation or non-Indians interests are involved, the test favors
states, an issue that will be considered when the U.S. Supreme Court
convenes on October 3 to hear a
critical Indian tax case.
It wasn't always that way. Historically, tribes and reservations
were hands off when it came to
non-Indians and states. In the
1830s, the Supreme Court's rulings in the Cherokee Nation cases
set precedent that was followed for
more than a century.
But as federal policy shifted
and swayed, the lines have been
redrawn. From assimilation to
reorganization to termination to
self-determination, states and
non-Indians have just as much as
stake in Indian Country as tribes
do.
Indian gaming is only just the
latest example of the trend, tribal
advocates say. Although gaming
has been a boon to many, tribes
are under pressure not only to
give up more of their rights to
states but to address the impacts
of their casinos on off-reservation
communities.
"From our point of view," said
Mark Van Norman, the executive
director of the National Indian
Gaming Association, said at the
hearing, "there already had been
some inroad on Indian sovereignty
by requiring tribes to work with
states through the tribal-state
compact process."
The debate is coming to a head
as McCain examines ways to
amend the Indian Gaming Regulatory Act of 1988. He is joined in
the effort by Sen. Byron Dorgan
(D-North Dakota), the vice-chair
ofthe committee, who has said the
growth ofthe industry demands renewed scrutiny by Congress.
According to McCain, a recent court decision involving the
Colorado River Indian Tribes of
Arizona may force action sooner
rather than later. On August 24, a
federal judge ruled that the National Indian Gaming Commission has
no authority to issue and enforce
regulations for Class IU gaming,
the most lucrative segment of the
industry.
At the hearing, McCain said the
decision "defies logic" because it
limits the NIGC's role. "I think
we're going to have to try come up
with some fix for this," he added.
But Van Norman, in his testimony, and tribes, as part of the
court case, are arguing that the
proper resolution of the dispute
lies with the compacting process
that they say limited sovereignty.
The judge gave the Colorado River
Indian Tribes and the state of Arizona time to modify their compact,
which has been hailed as a model
for the rest of the nation.
Although he said he didn't know
whether the Department of Justice
would appeal, McCain indicated
that the tribal arguments don't
carry much weight with him.
"Issues of tribal sovereignty
not only entail activities on Indian lands that are conducted by
Indians," he said. "Ninety-nine
percent of the patrons of these
Indian gaming activities are non-
Indians. So we have an obligation
to non-Indians as well as Indians to
make sure that these gaming activities are honest, straightforward and
adequately regulated."
VOICE       OF       THE       PEOPLE
Assembly bill gives lawmakers say on
off-reservation gambling
By Todd Richmond
Associated Press
MADISON, Wis. - Wisconsin's
tribes would have to get approval
from the Legislature to build off-
reservation casinos under a bill
the state Assembly passed early
Wednesday in a surprise move.
Currently, the governor and the
U.S. Bureau of Indian Affairs must
concur that a proposed off-reservation casino would be in the best
interest of the tribe and wouldn't
hurt the surrounding community.
The bill, which passed 59 to 37,
would prohibit the governor from
agreeing with a BIA decision unless the Legislature agrees, too.
The state Senate must pass an
identical version of the bill and
Democratic Gov. Jim Doyle can
either sign it into law or veto it.
But Assembly Democrats objected
to messaging the bill to the Senate.
That means the measure will stay in
the Assembly, likely until it returns
to the floor at the end of October.
Republicans introduced the bill
around 1:30 a.m. Wednesday, after
seven hours of debate on other leg
islation. Democrats complained
the bill wasn't on the Assembly's
calendar and blasted Republicans,
who control the chamber 60-39,
for not passing the measure in the
light of day.
Assembly Speaker John Gard,
R-Peshtigo, replied that the
bill technically has been on the
Assembly's calendar since June;
the body just hasn't taken it up.
And all the Republicans knew it
was coming Wednesday.
"I wish debate hadn't drawn
on for as long as it did, but we're
here," Gard said. "Every member
on this side of the aisle has been
talked to about this. There is no
great surprise here."
Then he tore into Doyle for negotiating new compacts with the
tribes that expanded their casinos'
hours and allowed Las Vegas-style
games such as craps and roulette.
He said people are offended by the
notion of one man _ Doyle _ negotiating compacts behind closed
doors and potentially choosing
where to locate off-reservation
casinos.
Minority Leader Jim Kreuser,
D-Kenosha, asked Gard why, if
he is so worried about one man
having the ability to expand
gambling, he never questioned
former Republican Gov. Tommy
Thompson's power to site casinos
or negotiate compacts. Gard didn't
respond.
Three Wisconsin tribes have
contemplated building off-reservation casinos recently. The
Menominee Nation wants a casino
complex at Dairyland Greyhound
Park in Kenosha; the Bad River
Band of Lake Superior Chippewa
has been mulling a casino in Be-
loit; and the Lac Du Flambeau
Band of Lake Superior Chippewa
has talked about a casino in Shulls-
burg.
Three times over 2003 and 2004
Doyle vetoed lawmakers' attempts
to give themselves oversight ofthe
gambling compacts he negotiates
with the tribes. The governor said
negotiations between the state's 11
tribes that offer gambling and 132
lawmakers would be a mess.
The bill is AB 461.
Murder, dogfighting charges filed in stabbing death
By Larry Oakes
Star Tribune
A 54-year-old Cass Lake,
Minn., man was charged Tuesday
with two counts of second-degree
murder in the fatal stabbing of a
neighbor trying to rescue his dog
from a dogfight.
Michael Francis Anthony Wind,
a paroled convict with a history
of felony assault, was also arraigned on a third felony charge of
violently pitting domestic animals
against one another. Wind allegedly instigated the dogfight.
Warren Tibbetts, 64, died of a
knife wound to the chest about 7:
15 p.m. Saturday, shortly after he
tried to break up the dogfight near
his house on Tract 34, a housing
project on the Leech Lake Indian
Reservation.
According to a criminal complaint filed Tuesday in Cass County District Court, Tibbetts' wife,
Nancy Kingbird, told investigators
that Tibbetts went outside after the
couple saw Wind hitting their dog
and coaxing his dogs to attack it.
She said Tibbetts went to ask Wind
to stop.
She said Wind then ran to his
house and returned with a knife.
"Ms. Kingbird indicated that Warren Tibbetts then picked up a mop
handle and attempted to keep defendant [Wind] away from him,"
the complaint said.
"Ms. Kingbird indicated that
defendant pushed the mop handle
away and lunged at Warren Tibbetts, plunging the knife up to the
handle into his chest."
She said her husband retreated
into the house, collapsed and
asked her to call 911. Meanwhile,
she said, Wind turned the knife on
their dog, stabbing it before running into some woods, where police arrested him a short time later
with his hands covered in blood,
according to the complaint.
Tibbetts "bled profusely" and
was dead by the time emergency
medical technicians arrived, the
complaint said.
The injuries to the dog were not
life-threatening, and after being
treated it was returned to its family, said Tom Burch, chief deputy
for the Cass County Sheriff's Office. Burch did not know the dog's
breed.
County Attorney Earl Maus said
he included the somewhat unusual
dogfighting charge because it fit
the facts as depicted by Kingbird
and other evidence.
"When I saw it was a felony, I
included it," Maus said. "At the
same time, I don't want to put
undue emphasis on it. A human
life was lost here, and that's the
primary focus."
Animal rights advocates praised
the move, noting that it fits a trend
toward greater recognition that
violence against domestic animals is criminal and often linked
MURDER to page 6
web page: www.press-on.net
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American
We Support Equal Opportunity For All People
A weekly publication.  Copyright, Native American Press, 2005
Founded in 1988
Volume 18 Issue 15
September 30, 2005
U of M Council of American Indian
Elders holds community forum to
discuss supporting Native Youth
The University of Minnesota American Indian Elders'
Council held a forum, "A
Time for Truth," on Sept. 26
to discuss how elders can support Native youth in making
healthy and positive choices.
Elders from the 11 Minnesota tribes, urban elders,
and the University's elders
participated in a traditional
talking circle, speaking about
their responsibility in supporting Native communities, and
passing down the indigenous
knowledge and traditions to
the younger generations.
The elders invited people
who work with Native youth
to attend the forum and participate in an afternoon session where they could share
strategies they have found
successful in reaching youth.
Forum moderator Robert
Desjarlait talked about how
the disintegration of families
and diminishing role of elders
have contributed to problems
with young people, and he
challenged the elders to use
their knowledge of tradition
to help solve these problems.
"A time of truth means a time
to heal, and for the healing to
begin, we must turn to the
elders for direction and guidance," he said.
Established in 1995, the
University of Minnesota's
Council of American Indian
Elders is a group of eight traditional Indigenous elders from
five different tribes across
Minnesota, Wisconsin, South
Dakota and Kansas. Their
U of M Elder Councils and invited elders talk about community
responsibility at the orum Sept. 26. Elders Billy Blackwell of
Grand Portage (right) and Tom Stillday of Red Lake (second right)
chat with two U of M students during a break in the forum.
mission is to provide cultural,
spiritual and personal counseling
to all American Indian students.
They serve as a resource to the
University of Minnesota by
sharing American Indian history,
traditions, worldview and culture
and aiding in the recruitment and
retention of American Indian
students. The UMN Council of
Elders is the first council of its
kind nationally.
The Elders have been recognized by University of Minnesota
leadership on several occasions
for their contributions to supporting Native students on campus,
including by President Nils Has-
selmo and representatives of the
Board of Regents in 1998 as well
as by President Robert Bruininks
in 2005. President Bruininks has
also asked the Council of Elders to
serve him in an advisory capacity.
Development of Forum Series - In response to the Red
Lake tragedy in March 2005,
the Council of Elders, at the request of President Bruininks, has
worked with Red Lake elders and
elders across Minnesota tribes to
provide a thoughtful and supportive venue for discussion. As a
result, the Council of Elders plans
to host a series of three forums
over the next year to address
issues and concerns in Indian
Country.
The second forum is slated
for January 2006 and the third
for spring 2006.
For more information about the
UMN Council of Elders, or the
forums being planned, contact
Barbara Graham Bettelyoun,
Director, Woodlands Wisdom at
612-625-1204.
UND officials say tribe cancels meeting with Kupchella
Associated Press
GRAND FORKS, N.D. - University of North Dakota officials
say the Spirit Lake tribe canceled
a meeting with UND President
Charles Kupchella to discuss
the school's Fighting Sioux
nickname and logo.
Kupchella had planned to
travel to the tribe's headquarters
in Fort Totten on Tuesday to present what school officials said is
a different side of the story than
what the tribe was given nearly a
month ago by opponents of the
nickname and logo.
UND officials said Monday
that they did not know why
the tribe called off the meeting.
Spirit Lake Tribal Secretary
Brian Pearson said the tribe is
getting tired of the issue.
"Obviously he's disappointed," UND spokesman
Don Kojich said of Kupchella.
"But it's their meeting and we
would like to reschedule it."
Spirit Lake, the closest Sioux
tribe to the UND campus, is
wrestling over whether to withdraw its support of the controversial symbols.
UND is appealing an NCAA
decision that lists the school as
one of more than a dozen with
"hostile or abusive" nicknames.
The schools would be barred from
displaying their nickname and any
American Indian imagery in postseason play after Feb. 1.
"They are told, by people
with I don't know what kind
of agenda, that the use of these
things is hostile and abusive, and
we're going to make the case that
there is no such thing on this campus," Kupchella said prior to the
meeting being canceled.
Members of the tribe earher had
confirmed that the nickname issue
would be part of a monthly general
assembly set for Tuesday.
Opponents ofthe Fighting Sioux
nickname and logo addressed
tribal members on Aug. 30. Tribal
members, in a straw poll, voted to
rescind support for the nickname
and logo, but the Tribal Council
decided to hear UND's side before
it considered a new resolution.
Kupchella had said earher that he
expected to be joined at the meeting by students and possibly a UND
graduate from the Spirit Lake nation who support the nickname and
logo.
Two other Sioux Indian nations
that are partially in North Dakota _
Standing Rock and Sisseton-Wahpeton _ already have issued resolutions opposing UND's symbols.
The NCAA also has a resolution of
opposition from the United Tribes
of North Dakota, which is made up
of two members from each of the
state's five tribes.
Kupchella said he is baffled
by what the NCAA seems to be
doing with Spirit Lake. He said
the NCAA already has a copy of
a resolution signed by the Spirit
Lake tribe five years ago, which
conditionally supports UND's use
of the nickname and logo.
"We've given them a resolution," Kupchella said. "The only
way I can understand it is that they
are saying to Spirit Lake 'are you
sure you want to do that?'"
Leigh Jeanotte, director of
American Indian student services
at UND, a Chippewa who has
grandchildren who are part Sioux,
was one of several opponents of the
nickname and logo who discussed
how the monikers hurt American
Indians during the last tribal general
assembly.
Jeanotte took issue with
Kupchella's assertion that their
presentation distorted the truth.
"I've been here a long time - 30
some years - and I really value that
on occasion we are asked for input
on relatively important issues, but
when it comes to (the nickname)
issues, he has not once included us
in the process," Jeanotte said.
NCAA denies UND's appeal over nickname, logo
Associated Press
BISMARCK, N.D. -The
NCAA has denied an appeal by
the University of North Dakota
asking that it be removed from
a list of 18 schools subject to
restrictions because they have
American Indian nicknames,
mascots or images.
The NCAA said in a statement
on Wednesday that the school
did not have the support of the
three federally recognized Sioux
tribes of North Dakota to use the
"Fighting Sioux" nickname and
logo.