Native American Press / Ojibwe News (Bemidji, Minnesota), 1999-10-29

              -./v.-
Red Lake to hold
referendum on
alcohol sales in
casinos
Pg-l
Computer used In
stealing money
from Leech Lake
casino
pg.l
Controversy over
newspaper's
lawsuit against
Mille Lacs Band
pg.1,4
Controversy over newspaper's lawsuit
against Mille Lacs Band
Can case be heard in U.S. court?
By Pit Doyle
StarTribune, 10-25-99
In 1997,apoliceofficerworkingfor
an American Indian tribe arrested a
newspaper reporter who was covering
a meeting of tribal leaders at Grand
Casino Mille Lacs. He was jailed until
the meeting ended.
Criminal charges against the
reporter, a non-Indian, were dismissed
in district court.
But a controversy is brewing over a
civil-rights suit filed by the reporter
against the police force ofthe Mille
Lacs Band of Ojibwe. Does the
reporter have the same right as
Americans outside reservations to
have such cases heard in federal
court? Minnesota legislators were told
that those rights would remain intact
for non-Indians when they gave state
recognition and greater
responsibilities to the Mille Lacs Band
of Ojibwe's police force.
The significance of the issue goes
Mille Lacs Band ChiefExecutive
Marge Anderson
beyond the Mille Lacs reservation.
Two other Minnesota bands with
large casino operations, the Fond du
Lac Chippewa and Lower Sioux, run
police departments under statutes
modeled after the Mille Lacs example.
Other bands are considering doing
the same.
When the Mille Lacs band sought
that recognition eight years ago,
then-Rep. Art Seaberg of Eagan
asked a spokeswoman for the band
during a committee hearing: "This bill
does not give any civil or criminal
jurisdiction to the tribal court over
nonmembers ofthe band, is that
correct?"
"Yes, that's correct," was the reply.
The Legislature signed off on a
police force that has grown to 14
officers with authority to enforce
state laws on the thousands of non-
Indians who enter the reservation to
visit Grand Casino Mille Lacs. The
federal government gave it $ 1.3
million in grants.
State statutes recognizing the Milje
Lacs, Lower Sioux and Fond du Lac
police forces say they agree to be
responsible for the on-the-job actions
of their officers "to the same extent as
a municipality," and that each band
agrees "to waive its sovereign
immunity" from claims arising out of
this liability.
CONTROVERSY to pg. 6
Red Lake to hold referendum on casino
alcohol sales
By Jeff Armstrong
Red Lake voters go to the polls
Nov. 10 to make the historic decision
whether to relax a century-old ban of
alcohol sales on tribal lands. The
ballot proposal would allow the sale
of drinks at Red Lake's casinos in
Thief River Falls and Warroad on
tribally-owned land well away from
the main reservation borders.
Treasurer Dan King said the
measure if approved could generate
as much as $3 million a year for
under-funded tribal programs and
eliminate what he described as a
competitive disadvantage with the
casinos' nearest competitor, White
Earth's Shooting Star Casino in
Mahnomen, which serves alcohol.
King denied that the modification of
the reservation's liquor laws would
signal a first step toward legalizing
alcohol sales on the reservation,
which he said he would strongly
resist.
"Voting yes to the question posed
does not represent a departure from
the desires of our old Chiefs to keep
alcohol off the homeland reservation
to prevent abuse by our tribal
members. Saying yes to alcohol as
proposed does not contradict our
ancestral Chiefs' desires. No one
advocates for allowing alcohol on
our homeland reservation," wrote
King in the Red Lake Nation
newsletter.
King said a tribal survey revealed
that more than 90% of casino
customers are non-Natives, of whom
60% favored offering alcohol. The
tribal treasurer said employees
would be barred from drinking at the
casino and that the council is
considering assessing a $.25 tax on
drinks with proceeds to be
earmarked for youth alcohol
programs.
"It's not targeting or exploiting
tribal members in any way," King
said.
"I think people still have in their
minds the stereotype ofthe drunken
Indian...It's a carryover from the old
days ofthe BIA making decisions
REFERENDUM to pg. 8
Computers used In
stealing money from
Leech Lake casino
By Gary Blair
Have thieves at Leech Lake gone
high-tech?
Someone has been using the
reservation's telephone system and
a computer to tap into the Northern
Lights Casino's bank accounts to
make illegal withdrawals. The phone
system's access code has been
changed, but it's not certain if that
will prevent future unlawful money
transfers from the gambling funds.
The full amount ofthe theft is not
yet known. The source of this
information has asked for anonymity.
This likely what happened:
Someone found out the phone
system's access code, or figured it
out by using a practice called
"hacking" (programming acomputer
to try all possible access codes until
the correct one is discovered), and
entered the reservation's phone
system without authorization. Once
inside that system, they were able to
call the bank's electronic computer
system and make the withdrawals.
With the development ofthe
Internet, theft like this has become a
COMPUTERS to pg. 6
Leech Lake evicts MCT from offices
By Gary Blair
The Leech Lake reservation's
Tribal Council has evicted the
Minnesota Chippewa Tribe's (MCT)
administrative staffof approximately
40 employees and Executive Director
Gary Frazer from the offices they were
renting in the Facility Center at Cass
Lake, Minnesota.
Sources say Leech Lake tribal
officials are upset at Frazer for
working with the other five Chippewa
bands that are members ofthe MCT
in agreeing to a $20,000,000 timber
lawsuit settlement that short-changes
the Leech Lake Band.
Two-thirds ofthe timber was taken
from the Leech Lake reservation, but
in the settlement between the MCT
and the federal government, Leech
Lake would only receive on-sixth of
the total payout for the timber.
A Leech Lake tribal officials told
this reporter that the MCT had fallen
behind in its rent "and they had our
best office space." The source also
said, "We're starting to question the
benefits Leech Lake gets from being
involved in the MCT. Most of what
they do is a duplication of what we're
already doing. We're starting to
question the value of being a member
ofthe MCT."
Teal's old grocery store in
downtown Cass Lake, is being
remodeled and will become the
MCT's new headquarters.
Many tribal members blame the
MCT for fostering corruption both
at White Earth and Leech Lake since
the development of gaming on those
reservations.
In 1996, former White Earth
chairman, Darrell "Chip" Wadena,
who had served as the MCT's
president for ten years, was
convicted and imprisoned on federal
charges of theft of tribal funds, bid-
rigging, and other crimes against the
tribe. During that same time period,
former Leech Lake tribal attorney
and Minnesota State Senator,
Harold "Skip" Finn was also
convicted of theft of tribal and
federal funds and still remains in
prison. Neither Wadena nor Finn
were ever censured by the MCT for
their criminal activity against their
people, nor did the MCT investigate
whether any of their own funds had
been taken.
The disproportionate distribution
of timber funds has led to many
"incidences" besides the most
recent eviction.
Lastspring, the 12-member Tribal
Executive Committee ofthe MCT
had scheduled a meeting that was to
MCT to pg. 6
Dispute continues over state crackdown on
White Earth "Green Cards"
Chairman Buckanaga says Minnesota officials don't understand White Earths tribal laws or its constitution
WHITE EARTH, Minn (AP) -
White Earth tribal leaders claim the
state is cracking down on hunting
and fishing permits issued by the
tribe, which violates the tribe's
sovereignty, according to a top
tribal official.
Chairman John Buckanaga said
the Department of Natural
Resources is refusing to recognize
about 580 "green cards" that allow
non-enrolled tribal members to hunt
and fish on the reservation.
But just having a green card does
not meet state licensing
requirements, said Capt. Craig
Backer, a DNR regional supervisor in
Grand Rapids.
"We have a right to control our
resources," Buckanaga said. "We
have a right to protect our
sovereignty, our treaty rights and
our constitution."
The tribe issued about 100 green
cards to band descendants who are
less than one-quarter Indian three
years ago. They are called "non-
enrolled" tribal members and do not
receive the same federal benefits as
enrolled members.
Buckanaga said tribal leaders
issued the cards in response to
economic hardships for some non-
enrolled residents. The cards allow
holders to harvest the reservation's
natural resources without paying
costly state licensing fees, he said.
The state disputes that non-
enrolled members fall under tribal
jurisdiction.
"The state's position is that unless
you are an enrolled tribal member,
our interpretation is you fall under
state authority," said Backer. "Non-
enrolled members exercising state
hunting and fishing rights must
follow state statute."
Non-enrolled tribe members are
required to follow state seasons,
limits and other rules while hunting
or fishing on the reservation, he
said.
Buckanaga said state officials
don't understand White Earth's
tribal laws or its constitution.
"They take it upon themselves
that only state laws prevail. They
don't understand the history of
tribal law," he said. "The state does
not have the authority to determine
membership in the Band, nor who
can benefit from tribal resources."
Backer said the state will continue
to fine green-card holders who are
caught hunting or fishing without
state licenses.
"We're willing to have an open
dialogue with the tribe but we're not
GREEN CARDS to pg. 6
Leech Lake Tribal
Council evicts
Minnesota
ChippewaTribe
from offices
Pg.l
Mille Lacs Band
backs down from
claimingtribal
sovereign
immunity
Pg-4
Commentary
I'll take that as an
invitation,
Chairman
Buckanaga
Pg.4
Voice of the People
web page: www.press-on.net
1
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Founded in 1988 Volume 12 Issue 3
October 29,1999
A weekly publication.      Copyright, Native American Press, 1999
J
Replica of a
Dakota dwelling at
the Minnesota
History Center's
new exhibit "Tales
of the Territory" in
St. Paul.
Photo: Julie Shortridge
New History Center exhibit a must see
By Julie Shortridge
The Minnesota History Center's
new exhibit, "Tales ofthe Territory:
Minnesota 1849-1858," opened Oct.
24 and will likely become one ofthe
Center's permanent exhibits. Visitors
will learn about the lives ofpeople in
the territory, which included
American Indians, French-
Canadians, New Englanders,
African-Americans and m ixed race
(metis) people.
Treatment of the Dakota, Ojibwe
and Winnebago people is explored
in the section called "Pillar of Fire:
Treaties and the Territory." Here
visitors can hear first-hand accounts
ofthe intensely emotional
experience ofthe United States'
signing a treaty with the Dakota
people in 1851 that would
eventually lead to war, and change
ofthe lives of Minnesotans for
decades to come.
The most enthralling part ofthe
exhibit is what appears to be a live
reincarnation of a young Indian girl
from 150 years ago, telling what her
life is like and the changes and
stresses she sees around her. It is
as if she is sitting right there, talking
right to the viewer. The technology
used is called "Pepper's Ghost,"
named after the man who invented
it, and it truly does bring history
alive. The words are those of Maza
Okiye Win, a Dakota girl who was
born in 1852 who was later known
as Isabel Roberts and lived well into
her90's. The girl who reenacted the
piece is Autumn Wilson (Wicanhpi
Iyotar Win), Maza Olaye Win's
great-great-great granddaughter.
Autumn's mother, Angela
Cavender Wilson (Tawapaha Tarka
Win) documented her great-great
grandmother's childhood stories in
1999.
For more information, go to
www.mnhs.ore/territory.andcall
(651) 296-6126. The Minnesota
History Center is the big granite
building at 345 W. Kellogg Blvd. in
St. Paul, on the corner of Kellogg
and John Ireland Blvd, just east of
the Cathedral. Admission is free,
although parking is not unless you
park a couple blocks away and
cross busy streets. Hours are
Mondays 10-5, Tuesdays 10-8,
Wednesdays-Saturdays 10-5,
Sundays noon-5.
Tribes want more respect from state
By Devlyn Brooks
Bemidji Pioneer
RED LAKE - What started as a
discussion of refocusing the efforts
ofthe Minnesota Indian Affairs
Council (MIAC) soon turned to a
heated discussion about redefining
the relationship between the state
and its 11 Indian tribes.
The discussion took place Oct. 19
as the MIAC met at the Red Lake
Reservation tribal headquarters in
Red Lake for its quarterly meeting.
Too often, the Indian leaders said,
the state treats the tribes as second-
rate governments that are subject to
the state's rule. When in reality,
[according to the tribal leaders] the
tribes have sovereign powers that
equate with the U.S. government.
More than one tribal leader cited
examples of how the state continues
to impose on their sovereignty.
Red Lake Tribal Chairman and
MIAC chairman Bobby Whitefeather
said the tribes deserve more than just
the MLAC, being the state doesn't
pay attention to the council anyway.
He said Minnesota's 11 Indian tribes
and the large metropolitan Indian
population in the Twin Cities deserve
their own department in state
government or at least an advisory
position to the governor as high as
his cabinet.
But Shakopee-Mdewakanton
Tribal Chairman Stanley Crooks said
that having a position in the state
government only would increase the
mindset that Indians are a subset of
the Minnesota government and that
isn't true.
White Earth Chairman John
Buckanaga said the MIAC just isn't
as important as it was when it was
developed more than 30 years ago.
For instance, he said, the tribes were
more dependent upon the state and
other tribes when it was created.
Now, with the onset oflndian
gaming, the relationship has been
redefined with tribes being more
independent.
Buckanaga, who has worked with
the MIAC for 20-plus years, said the
state just doesn't understand that
tribes are independent governments
on an equal level with the state, if
not the federal government.
"They don't understand'we have
a federal document called a
constitution," he said. "The state
imposes on us a lot."
For instance, he said, in White
Earth's recent fight over its tribally
issued natural resources green cards,
the state again imposed its authority
where it didn't' belong....
Red Lake's Whitefeather said they
have a similar problem occurring in
the Northwest Angle, a piece of
Minnesota land that juts into Lake of
the Woods but is surrounded by
Canadian territory.
For seven years the tribe has
fought the DNR over who has
authority ofthe area's natural
resources.
After a lengthy discussion, the
tribal leaders urged MIAC Executive
Director Joe Day to take a more
active role in establishing am ore
equal relationship with the state.
And the tribal leaders also agreed
they needed to stop accepting the
unequal relationship and educate
state leaders of the sovereign status
ofthe Indian tribes.
Whitefeather said the meeting
between Gov. Jesse Ventura and the
tribal chairs at the governor's
mansion in September was a good
start. Now the state needs to do
more.