The Ojibwe News / Native American Press (Bemidji, Minnesota), 1997-12-18

              Tribal members walk out after exclusion
from State/Tribal Court Committee
By Jeff Armstrong
Just four days after the Minnesota
Supreme Court recognized the "right
of reservation Indians to make their
own laws and be ruled by them,"
justice Sandra Gardebring refused to
allow tribal members to participate in
a high court-sponsored committee
aimed at developing tribal judicial
systems.
In the court's Dec. 11 ruling in State
v. Stone, Gardebring joined the
majority opinion affirming exclusive
tribal jurisdiction to enact and apply
civil regulatory laws within Indian
Country. "Additionally," the ruling
stated, "we express our confidence
that members of Indian tribes around
the state will demand safe driving
conditions on their reservations and
that the tribes will respond to these
demands with basic traffic and
driving regulations."
Tribal members could thus be
excused for anticipating some
opportunity for comment at the first
open meeting of a state-tribal
committee in place since last April.
Instead, about a dozen tribal members
walked out of the meeting after it
became clear that there would be no
chance for dialogue.
Having made much of the fact that
the Dec. 15 meeting of the State/
Tribal Court Committee would be
held off the reservation and thus not
behind closed doors, Gardebring
chaired the meeting at the state
Judicial Center behind the same type
of heavy-handed security which has
become the norm at meetings of the
Minnesota Chippewa Tribe. State
LLRTCs Chairman Hunt addresses enrollees, pg.
Has free press been bought out by casino ads, pg. 4
Mankato Run Honors 38 Dakota hung by U.S. pg. 3
Memo shows law firm manipulation of MCT, pg. 4
28 bullets hit Red Lake man, pg. 6
Jenkins terminated from St. Paul Red Cross, pg. 1
Voice ofthe People
e-mail: presson@bji.nBt
Walkout/cont. on pg. 5
Jenkins terminated from St. Paul American
Red Cross, will file lawsuit in the future
By Gary Blair
The American Red Cross—North
Central Blood Services in St. Paul,
MN has terminated Robert (Bob)
Jenkins after he reported a supervisor
who allowed air contaminated blood
collected at a donor site to past
inspection.
Jenkins says he had worked for the
organization for 21/2 years and was
terminated two weeks after he
appeared on Twin Cities Television
Station, KSTP Ch. 5 news where he
reported the incident.
According to Jenkin's termination
notice date Dec. 5, he was terminated
for insubordination when he refused
to attend a meeting with Bernadette
J. Anton, manager blood donor
collections, Tom Fontaine his
supervisor and John Steenerson,
human resources manager.
"It was my day off, and they hadn't
done anything about it anyway. I
Jenkins/cont. on pg. 5
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Renoe won't include Clinton in Indian casino
probe at this time
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WASHINGTON, DC (AP) U.S. Attorney General Janet Reno rejected
Republican requests to expand her investigation of an Indian casino ruling
to include President Bill Clinton. She
said they failed to cite evidence of any
crime by him.
Reno noted Monday that lobbyists
representing Democratic contributors
had raised the casino issue with
Clinton at a political and a social
event. She also said the Justice Department had found other evidence
Clinton had inquired of the White
House staff about the status of the
Interior Department's casino decision.
But "your letter does not identify
any alleged conduct by the president
... that would warrant an inference that
the president's unsolicited receipt of
information from lobbyists and his
subsequent expression of interest in
the matter was potentially criminal,
or part of any criminal conspiracy,"
Reno wrote U.S. Rep. Henry Hyde,
chairman of the House Judiciary
Committee.
Nor, she said, had the department
found such evidence on its own. In
July 1995, the Interior Department
denied three Wisconsin Chippewa
tribes a casino license, which had
been recommended by the Bureau of
Indian Affairs, an arm of Interior. Republicans charged the turnaround was
engineered by Clinton and his aides
because tribes opposing the casino
donated dlrs 300,000 to the Democratic National Committee and other
Democrats.
The department's defense in a
civil lawsuit of the Interior
Department's decision to reject the |
casino does not pose a conflict with
its preliminary criminal inquiry into
whether contributions to Democrats
by tribes opposed to the casino influenced the decision, she wrote.
Reno said the department frequently has civil and criminal teams
working on the same case. Potential conflicts are regularly resolved
"by appropriate stays in proceedings, by establishing different teams
of attorneys with responsibility for
the two aspects of the matter, or in
extreme situations by retaining outside counsel to handle a portion of
the matter," she said.
Babbitt he's a victim of his own stupidity
PHOENIX, AZ (AP) Facing a federal probe and attacks on his honest-
guy image, Interior Secretary Bruce
Babbitt says he is the victim of his
own stupidity.
The former Arizona governor who
built a reputation as a champion of
clean government acknowledges that
his political world would not be under assault had he not made a "stupid" decision in 1995 to allow a lobbyist friend into his office.
In his first interview on the subject,
Babbitt told The Arizona Republic
that the meeting and a carelessly written explanation to Congress helped
create a "misimpression" that he let
politics influence a decision on an application for an Indian casino.
Babbitt said the only thing he did
wrong was to defend himself poorly
and to make himself accessible to an
old friend. "I am angered that my
reputation is being called into question when the facts plainly show that
the Interior Department's decision
was the right decision, made the right
way for the right reasons," he said.
The Justice Department is investigating whether Babbitt bowed to political pressure in the department's
1995 rejection of an Indian casino application in Wisconsin that was opposed by tribes that donated to the
Democratic Party.
At the time, Babbitt friend Paul
Eckstein, whom Babbitt now calls a
former friend, was lobbying on behalf of opening the casino at a dog-
racing track. Babbitt granted him the
meeting in which Eckstein made a final appeal. The dispute over the casino is part of a campaign-finance
scandal that has dominated Washington politics for more than a year.
With the recent decision of Attorney General Janet Reno not to name
a special prosecutor on the fund-raising activities of President Clinton and
Vice President Al Gore, the casino
case has moved to center stage.
Now, Reno is deciding whether to
appoint an independent counsel to investigate the matter. Republican Rep.
John Shadegg of Arizona, a member
ofthe Government Reform and Oversight Committee, said an outside investigator is clearly warranted. "The
Babbitt/cont.on pg. 3
Leech Lake Tribal Chairman Eli Hunt addresses tribal members in a recent meeting at the Leech Lake Bingo
Palace and Casino. Myron Ellis, Jack Seelye, Alfred Fairbanks were no-shows at this meeting. There is a special
meeting on Saturday, December 20th, 1997. See details ofthe meeting in Leech Lake at the bottom of page 1.
Leech Lake embroiled in power struggle
Court defines laws state can, cannot enforce
on Indian reservations
ST. PAUL, MN (AP) The state has the
right to enforce state criminal laws against
tribal members on Indian reservations, but
cannot enforce all traffic laws, the Minnesota Supreme Court said.
The high court filed two opinions Thursday defining what laws the state can and
cannot enforce on Indian reservations.
In a case from Mahnomen County, the
justices upheld the district court's dismissal
of traffic charges against nine members
ofthe White Earth Band of Chippewa
The charges included driving without a
license or with an expired license, speeding, driving without insurance or without
proof of insurance, driving with an expired
registration, driving with no seat belt and
failure to have a child restraint seat
The Minnesota Court of Appeals upheld the dismissal last December, and the
state Supreme Court agreed. The state high
court cited a 1987 U.S. Supreme Court
ruling that said state laws apply on reser
vations if the laws relate to criminal
or prohibited behavior, but not to behavior that simply is being regulated.
In the Mahnomen County case, the
court said, the traffic laws regulate
driving rather than prohibit it, so they
cannot be enforced on reservations.
"We recognize Minnesota's interest
in maintaining safe roads and highways," wrote Chief Justice A.M.
"Sandy" Keith for the majority.
However, the state has not been able
to overcome "the right of reservation
Indians to make their own laws and
be ruled by them," the court said,
quoting a U.S. Supreme Court decision. Justice Esther Tomljanovich dissented, saying the state's interest in
enforcing its traffic laws is an "exceptional circumstance" because of public safety.
"The term 'on the reservation' calls
to mind a pastoral scene isolated from
the general commerce ofthe state where
Native American persons can go about
their daily lives free from interference
by the state. This is not such an area;
this a highly traveled highway."
In a case from Itasca County, the justices held that the state could enforce a
criminal law prohibiting underage consumption of alcohol against Vernon
Dale Robinson, 19, a member ofthe
Leech Lake Band of Chippewa. Court
documents say he failed a preliminary
breath test after a can of malt liquor
was found in his vehicle on the reservation.
While the court held that the state
could enforce its underage drinking
law on the reservation, it ruled that
the state could not charge Robinson
with failure to yield to an emergency
vehicle, because that alleged infraction involved a civil law, not a criminal law.
Pat Doyle
Minneapolis Star Tribune
A long-standing power struggle on
the Leech Lake Chippewa Reservation
has intensified as a federal grand jury
expands its probe of alleged financial
wrongdoing at the band's two casinos
in northern Minnesota.
Chairman Eli Hunt has been at odds
with the majority ofthe Tribal Council since he took office in 1996. He
accuses past and current members of
mismanaging or misspending casino
profits.
The council is considering holding a
hearing this month on a petition drive
to oust Hunt. "He took office and fired
people without due cause and put his
own people in there," Council Mem
ber Jack Seelye said.
Hunt countered that the firings were
justified. "These guys are just mad
because I'm not in their back pocket,"
he said. "I've been an unruly chairman. I don't follow their infractions."
He said some reservatiotfTesidents
joined the petition drive^against him
because they feared couhcil members
would deprive them of jobs or housing.
Leech Lake has been marked by turmoil and corruption in recent years.
Former Chairman Alfred (Tig)
Pemberton, tribal attorney and former
state Sen. Harold (Skip) Finn and
Council Member Dan Brown were
found guilty in 1996 of conspiring to
steal nearly $1 million from the band
in an insurance scam.
Council Member Myron Ellis
pleaded guilty to taking a kickback in
connection with the insurance deal.
Records subpoenaed
Hunt replaced Pemberton last year
and vowed to overhaul tribal government. Ellis and two other Pemberton-
era council members remain on the
council and have thwarted Hunt's efforts to manage the tribe and its casinos.
The grand jury probe of casinos and
other operations of the Leech Lake
government began more than a year
ago. Last year, investigators subpoenaed canceled checks, vouchers and a
computer printout of a ledger involv
Hunt/cont. onpg. 6
Basketball brings hope and joy to reservation
Red Lake, MN The Red Lake Warriors
have a spellbinding array of moves. One
doesn't involve a basketball. It's the
whole-armed, underhand lifting motion
players make when they want to pump
up the hometown fans. "Rise!" they
susm to say. "Showyourpride! Feel our
joy!" And they do.
To most people in most towns, basketball may be only a game. But at Red
Lake, a remote northern Minnesotares-
ervation struggling to overcomeppverry
and violence, this game, this team are so
much more. "They've done more for
community unity than all the politicians
put together," said Judy Roy, tribal sec
retary on the reservation, about 35 miles
north of Bemidji.
"We were the first (all) Indian team to
go to state, so it's brought a lot of recognition to Indian people and our reservation,"
said Jackie Defoe, 18,asenioratRedLake
High School. "It makes me proud to be
from here."
Basketball season means a chance for
people on the reservation to feel good
again following an epidemic of violence
thatstarted withlteldUingofseniorplayer
Wesley Strong on May 25 and rolled into
the summer. Strong, who planned to return to the team as statistician or manager
this year while he picked up a final few
credits, was at a friend's graduation
party when he was stabbed to death,
the culmination of a yearlong feud;
Center Delwyn Holthusen choked up
when he talked about Strong, his cousin,
who died grateful to Holthusen and another relative, point guard Gerald Kingbird, the leaders of Red Lake's scoring machine. "I helped him fulfill
his dream," Holthusen said.
"He always wanted to go to state,
and he said, 'You guys are going to
take us there.' He was a great person.
In moments I was down, he cheered
Red Lake/cont. on pg. 3
Minnesota   Chippewa tribe
million settlement
Gaming talks holding up tribal license-plate
to accept $20 authority in Wisconsin
DULUTH, MN (AP) The Minnesota
Chippewa Tribe will accept $20 million to settle claims that federal officials failed to give proper compensation for 600,000 acres of tribal land
in northern Minnesota, tribal officials
say.
The out-of-court settlement still requires final approval by the tribe's
president, Norman Deschampe ofthe
Grand Portage band, and the U.S. Departments of Justice and Interior.
But the move is being protested
loudly by leaders ofthe Fond du Lac
band, one of six Minnesota bands in
the umbrella organization. Fond du
Lac Chairman Robert "Sonny" Peacock said taking the money prevents
the tribe from exposing in court the
federal government's unfair financial
practices and could weaken other
tribal land claims.
"I don't think that this has seen the
light of day, and now it never will,"
Peacock said. "It's not to the benefit
of the tribe." But tribal attorney
James Schoessler said the federal
government's abuses are well known
and that the settlement would not affect other land claims. . —
The acceptance came as the Tribal
Executive Committee, in a Dec. 1 telephone conference call, voted to certify the results ofa mail-in referendum
held last month in which tribal members embraced the settlement offer by
a 3-to-l margin, or 4,190 ballots to
1,224. the executive committee authorized Deschampe and Schoessler to
approve a final deal with the Justice
Department in coming months.
The tribe would submit plans for distributing the money to the Interior
Departmen, and Congress would have
a chance to veto the deal.
DULUTH, MN (AP) The Grand Portage Band of Lake Superior Chippewa
is preparing to become the sixth band
in Minnesota to issue license plates
to its members, following the path
started by the Red Lake Band of
Chippewa. "It reinforces our sovereignty, and it's a sense of pride. It's a
government function that I think we
should be performing," said Norman
Deschampe, chairman of the Grand
Portage Band. The road has not been
so smooth lately for Wisconsin Indian
tribes. Requests by Wisconsin bands
for authority to issue their own license
plates are being held up by the state
because of linkage with negotiations
on new gambling compacts, a state
official said. "It's not a hostage kind
of situation, but there's no question
that there is a linkage," said Terry
Mulcahy, deputy transportation secretary for Wisconsin. "The Department of Transportation, working with
the governor's office, decided that the
stuff should not be brought forward
until such time as the gaming compacts are resolved," he said. The decision has stalled the vehicle-registration requests from the Red Cliff
Chippewa band near Bayfield, Wis.,
and the Oneida tribe at Green Bay,
Wis. The license plate delay is a heretofore unpublicized consequence of
Wisconsin Gov. Tommy Thompson's
clash with his state's tribes over gambling compacts. Thompson and his
aides have insisted that non-gambling
issues such as spearfishing rights and
tribal authority to control natural resources be part ofthe negotiations on
renewing the agreements on running
tribal gambling operations. Thompson, who has threatened to shut down
tribal casinos if agreements can't be
reached soon, also wants the tribes to
pay the state a bigger share of gambling revenue than the total of
$350,000 a year provided under the
License/cont. on pg. 3