The Ojibwe News / Native American Press (Bemidji, Minnesota), 1998-06-05

              White Earth Reservation's Manitok Malls'
legal status questioned
By Gary Blair
Aden Kangas. president of
Midwest Minnesota Community
development Corporation, (MMCDC)
developers of White Earth's Manitok
Mall, said on Thursday that his
organization wants to improve its
"public relations" with the
reservation's newest leadership.
Kangas was responding to
questions about the legal structure of
the mall's development and operation.
When told that MMCDC's agreement
with the reservation appears to be
i I legal. because the BIA never approved
the project, even though the land had
been placed in trust. Kangas responded
on Thursday. "The deal was put
together under the "(Indian) self-
determination act."
When advised that the Manitok Mall.
Inc.'s, incorporation under the White
Earth reservation was most likely not
il legal either, Kangas did not respond.
When told that after MMCDC
incorporated the Manitok Mall it was
later changed to state incorporation
was also questionable, Kangas said, "I
think we(MMCDC) needs to improve
our "PR" (public relations with the
reservation.
The mall is located next to the
reservation's Shooting Star Casino at
Mahnomen. MN and the land that the
complex sits on was placed in trust by
the former administration of Darrell
"Chip" Wadena. However, since
Wadena's conviction on federal
corruption charges. PRESS/ON has
been checking into other possible
illegal activities that Wadena may have
been involved in. Kangas says the
reservation's former attorney Peter
Cannon, of Mahnomen. MN, helped
Wadena put the mall deal together. So
far. Cannon has refused to turn over
documents to White Earth officials
that involve his representation of
Wadena.
When questioned last week about
the Mall's financial and management
structure, Kangas was reluctant to give
details, other than to say that the
reservation retains 51% of the
controlling stock and the (developer)
MMCDC 49%, and that no dividends
were yet to be paid to shareholders.
However, when questioned further
about who controls the tenant-leasing
portion ofthe mall operation, Kangas
said that another corporation, also
set-up and controlled by MMCDC,
controls 51 % of that stock and 49% of
the remaining leasing stock is
controlled by the resenation.
Kangas says, the mall that was built
in 1992, cost SI.2 million to construct.
S575.000 of which came from the
reservation and an additional S500.000
provided by MMCDC. The rest ofthe
financing came from outside sources.
Kangas says the mall could revert back
to control by the reservation within
five years if the loan is satisfied. In the
meantime, the resenation does not
receive any directprofits from themalPs
operation.
Sources say. that at least one ofthe
businesses operating at the mall lias
been very profitable. Kangas says that
lessee's lease likewise calls for a
percentage of sales agreement to be
paid, but would not say what portion,
or whom those profits are being paid
too. "That information has to be kept
confidential, we have to protect or
lessees, or wecould lose them," Kangas
explained.
"It is very hard to do economic
development on the reservation, I hope
(MMCDC) we can continue to work
together, Kangas concluded.
Judge Randall's testimony before SIAC, page 4
Supreme Court upholds tribal immunity, page 1
W. E.'s Manitok Mall legal status questioned, page 1
W. E. Chair McArthur ousted from meeting, page 1
MCT Members, remember to vote in the MCT elections
next Tuesday, June 9,1998, from 8 a.m. to 8 p.m.
Voice ofthe People
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e-mail: presson@bji.net
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Supreme Court upholds tribal immunity from
lawsuits
By Pat Doyle
Mpls. Star Tribune
In a decision that shields
Minnesota's largest gambling
enterprise from lawsuits, the U.S.
Supreme Court on Monday refused to
hear injury and sexual-harassment
claims against Mystic Lake Casino.
The court ended years of wrangling
over two suits that challenged the
ability ofthe Shakopee Mdewakanton
Dakota tribe to declare its government
and casino business immune from
claims. The issue has taken on greater
significance in recent years as tribes in
Minnesota and elsewhere built
multimillion-dollar^asings I hat draw
thousands of non-Indians to
reservations.
One suit was filed by a patron injured
when she fell at the casino in Prior
Lake; the other, by a former employee,
alleges sexual harassment by an
executive. Both suits were fi led in Scott
County District Court.
By refusing to hear the cases, the
court letstand lower-court rulings that
said the Dakota had authority to invoke
theirsovereign immunity to quash suits
against the casino.
The decision is in line with other
rulings by the Supreme Court, which
has expressed doubt about the wisdom
of tribal immunity but said Congress
should decide whether the doctrine
needs to be changed. Congress is
considering a proposal to limit the
immunity oflndian tribes from lawsuits.
Shakopee Mdewakanton tribal officials
were  unavailable  for comment
Monday.'
One person who sued the casino said
the rulings denied her a day in court.
"I think a corporation should be
responsible for [its] employees," said
Jill Gavle, 29,aformercasino security
guard who sued the tribe and casino
alleging harassment.
"If this were IBM, it would have been
entirely different."
Gavle said her ex-boss, Leonard
Prescott, coerced her to have sex, then
fired her when she told him she was
pregnant with his baby. She said the
incidents occurred on and off the
reservation. Prescott has denied the
allegations. The Minnesota Supreme
Court in 1996 ruled thatthe Shakopee
tribe and its casino business v.
Supreme/to pg. 3
Two Twin Cities lobbyists are fined in casino
dispute Theydidn'tturnoverdocuments
A Hennepin County judge on Friday
ordered two Twin Cities lobbyists to
pay $85,189 in penalties for failing to
produce documents relating to their
campaign to persuade the Clinton
administration to block an Indian
casino in Hudson, Wis.
Among the materials initially withheld
by Minneapolis lobbyist Patrick
O'Connor and associate Larry Kitto
were memos about an upcoming
Democratic fund-raising event.
District Judge Deborah Hedlund said
she was awarding fees to attorneys
supporting the casino because "there
is evidence of both affirmative
misconduct and inadequate efforts to
fully comply" with subpoenas in a civil
suit filed by the Wisconsin partnership
that sought the casino.
Lawyers for the casino venture have
alleged that the Interior Department
rejected it because Minnesota, and
Wisconsin tribes opposed to the
casino gave about $400,000 in
campaign donations to Democrats in
1995-96. An independent counsel
opened a criminal investigation earlier
this month to determine whether
Interior Secretary Bruce Babbitt I ied to
Congress in denying that the White
House influenced his agency's
decision to kill the casino on July 14,
1995.
O'Connor, a former treasurer ofthe
Democratic National Committee who
was representing the St. Croix Tribe of
Wisconsin, spearheaded the effort by
about a dozen lobbyists for opposing
tribes to defeat the proposed casino.
He approached President Clinton at a
Minneapolis fund-raiser 10 weeks
before the decision, and, according to
testimony, later enlisted help from
Thomas Schneider, an associate in his
law firm who was a friend of Clinton's
and then-deputy White House chief of
staff Harold Ickes.
In a 13-page memo, Hedlund recited
a series of "evasive or incomplete"
responses by O'Connor and Kitto to ,
demands for information by the
plaintiffs, the Four Feathers Casino
Partnership, consisting of three
Lobbyists/to pg. 3
Testifying on March 1 I, 1998, before the Senate Indian Affairs Committee in Washington, D.C, on the Gorton Bill (S. 1691) are (from
left to right) Mark Jarbe, of Dorsey, Whitney Law Firm; Ron Allen, President of NCAI; Scott Kayla Morrison, Attorney & member
ofthe Oklahoma Band of Choctaw Indians; Michael Harriss, Attorney & member of the Cherokee Tribe of Oklahoma; and Judge R.A.
Randall of the Minnesota Court of Appeals. (Not Pictured:   Phillip Martin. Chief of the Mississippi Band of Choctaw Indians)
White Earth RBC ousts controversial
chairman after contentious hearing
Chief, others named in lawsuit
MUSKOGEE. Okla. (AP) - A
lahlequah woman filed a federal
lawsuit Wednesday alleging she has
been threatened and intimidated by
the chief of the Cherokee Nation and
others. Deborah Jensen Murphy
alleges in herSl.l million civil rights
law suit that Chief Joe Byrd. secretary-
treasurer Jennie Battles and others
ha\c conspired since June 4 to prevent
her from testifying as a witness in
matters pending "before a court ofthe
United States." That court matter is a
federal grand jury meeting in
Muskogee, said Michael D. Harris.
Ms. Murphy's attorney. The three-
page complaint does not specify how
Byrd and Ms. Battles are accused of
intimidating Ms. Murphy. Harris
declined to elaborate on the alleged
conduct. Ofthe lawsuit, he said, "It's
not about politics. It's not about the
tribe. It's about what's right." Harris
said Ms. Murphy formerly worked as
an administrative officer in the
contracts office for the Cherokee
Nation. In February 1997, the office
was searched by tribal marshals acting
on a warrant issued after allegations
that tribal funds had been misapplied.
The lawsuit asks for more than $1
million in punitive damages and more
than $ 100,000 in actual damages. Harris
said all administrative remedies have
been exhausted by Ms. Murphy and
that filing the lawsuit was the last
resort.
By Jeff Armstrong
A freewheeling five-hour debate at
the Shooting Star Casino ended with
the White Earth RBC removing chairman Eugene McArthur, then meeting
in closed session to name John
Buckanaga acting chair pending a special election.
If the move sticks, Buckanaga's
former District III seat, as well as the
chairmanship, will be open for contention by next fall. Under the operative
tribal election ordinance, special elections including primaries must be held
within 120 days ofthe June 3 censure
hearing.
But the depth of opposition to the
RBC as a whole leaves considerable
doubt whether the move will serve its
intended purpose of dissipating the
cloud of controversy which has
dogged the RBC since 1996.
"This has festered for two years. If
one person has to walk away, I truly
believe four people have to walk away,"
said Robert Durant, a view later echoed by dozens of other White Earth
members.
Buckanaga and McArthur emerged
as the leading vote-getters in the June
! 996 elections, which were held while
Darrell Wadena and two other RBC
members were on trial in federal court.
After the trio was convicted of numer-
ous   felonies.    Buckanaga   and
McArthur had themselves sworn into
office. From there, they appointed Erma
Vizenor and Irene Auginaush Hvezda
(currently Turney) to fill the two remaining seats, although the election
ordinance at the time allowed appointments only in even numbered years.
The Bureau oflndian Affairs initially
upheld the move in part, recognizing
the non-appointed officials. But that
ruling was later overturned by the Interior Board of Indian Appeals, adding to questions about the legitimacy
ofthe RBC, which often referred to itself as the "McArthur government.^'
Nevertheless, McArthur was unable
to rally a significant portion ofthe more
than 300 tribal members present behind his efforts to bring his former
comrades down with him. "1 will step
down right now if the other four walk
out with me." said McArthur, temporarily leaving the room with a small
contingent. "Let's set up new elections
forall of us." he said.
McArthur's appeals to the people,
however, were often undermined by
White Earth/to pg. 3
Medal of honor for code talkers?
Red Lake proposes reducing summer
vacation to improve test scores
RED I AKI . Minn. (AP) - School
officials on the Red Lake Indian
Resef\ ation hope to improv e learning
b\ switching to a > ear-round school
schedule. Superintendent Roger
Schmidt is planning to pitch the
schedule change to teachers and the
community./ljhe reservation school
district could sw itch bv the 1999-2000
school year. 1 lie main advantage ofa
year-round schedule is that students
don't forget as much as they do over
a long summer holiday. Schmidt said.
•■\\e wouldn't he addinsi days, we'd
just be using them more efficiently.'
he said. "It's more immediate. You
focus on learning, take a short break
and then focuson learning again." Red
Lake has lagged far behind thea\ erage
in statewide tests required for
graduation. Only 19 percent of the
district's eighth-graders passed this
year's state math test: 15 percent
passed reading. Statewide. 71 percent
passed math and 68 percent passed
reading. Students must answer 75
percent or more of the questions
correctly to pass. Shorter and more
frequent vacations would be more
refreshing to students and staff.
Schmidt said. Students who need
remedial help could get it during the
short breaks instead of waiting for
summer school. Schmidt believes his
district would be the first in northern
Minnesota to use a year-round
schedule. Middle school teacher
Marge Huewe said she loves teaching
enough that she would stick with it
whatever the schedule. But she's afraid
some of her colleagues would leave
the district if it switched to a year-
round schedule.
WINDOW ROCK, Ariz. (AP) - Code
Talkers, those much-honored Navajos
whose language the enemy couldn't
unravel during World War II. are
looking for one more major sign of
recognition: the Medal of Honor.
Navajo Nation officials are lobbying
Congress for the nation's highest
military honor for each of the 450 men
whose encrypted messages in the
Navajo language were never broken
by the Japanese. The tribe also is
hoping for speedy action: Most ofthe
193 living Code Talkers are in their 70s;
only two ofthe original 29 are stil I alive.
The most famous ofthe Code Talkers.
Carl Gorman, died earlier this year. "I
have comm ittcd mysel f to do whatever
it takes to introduce legislation to
authorize and award each." said Navajo
President Thomas Atcitty. a Korean
War \eteran. "It is time that they
receive the honor that they deserve."
The idea also has caught fire among
other American Indian tribes w housed
their languages for sensitive
communications by theU.S. Armv in
Europe. About 40 Cherokee tribal
members communicated via radios in
their language on the Normandy
beaches on D-Day. June 6.1944. George
Joe. a spokesman for Atcitty. said the
Cherokees and Choctaw tribes have
been trying to "piggyback" on the
proposed Navajo congressional
legislation. However. Joe noted, those
tribes did not. as the Navajos did. also
develop a code to deceive the enemy.
The Navajo Marines were dispersed
among the Pacific islands. They
communicated by radio on Japanese
troop movements and battlefield
tactics, passed along orders and
transmitted other vital war information.
They developed a special vocabulary
forthebattlegroundintheirlanguage,
using Navajo words for "iron fish" to
describe submarines and
hummingbirds" for fighter planes,
among hundreds of other words and
phrases. Members ofthe Navajo Code
Talkers Association have said they
deserve the highest medal because
their efforts reduced the length ofthe
war. especially thecriticalbattleatlwo
Jima. They also say that they operated
under extreme duress since they at
times were guarded by other Marines
ordered to kill them rather than let them
be captured by the enemy. Medal of
Honor winner Joe Fossof Scottsdale.
the leading Marine ace in World War
II, is among those whodisagree. "They
all did outstanding jobs, but these
weren't Medal of Honor jobs," Foss
said. "That's reserved for outstanding
heroism on the part of individuals, and
it's not something you just pass out to
people." Martin Link, curator of the
NavajoCode Talker Museum in Gallup.
N.M., agrees. "That medal is intended
to go to an individual under fire in an
extreme combat situation. It was never
intended foraunitcitation,"Link said.
Link said a Navajo Nation effort in the
early 1980s toobtainMedalsof Honor
for all Code Talkers was rejected on
those grounds. Instead. President
Ronald Reagan designated each Aug.
14 as National Navajo Code Talkers
Day. Link said the Code Talkers hav c
been honored in many other ways and
that six books have been written about
them. Additional honors include a
statue in downtown Phoenix.