Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-06-08

              :'■'''■*■.' ._"'■' = '''''\ :
INDEX
News Around Indian Country 2
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 6"7
In loving
memory of
Brian Lee
Chee
pg3
Changing face of
diabetes in
Minnesota
pgi
Legislative
standoff may
spell defeat of
tribal police aid
bill and others
By JeffArmstrong
Tlie late of most state legislation
affecting Natives in Minnesota will
be decided in a special legislative'
session expected to be called this
month to avert a June 30 shutdown
of state government services.
Proposals to provide state funding for tribal police, limited urban
Indian housing assistance, property
tax exemptions for certain tribal
housing and acceptance of tribal
identification cards in state elections are all issues which would be
decided by conference committees—ifthey are addressed at all.
Refusing to accept the terms set
by Gov. Ventura and house Republicans for summoning the legislature back into session, Senate majority leader Roger Moe said this
week he would prefer to approve a
minimal budget to provide for only
essential state functions.
A failure to resolve the impasse
would dius likely result in the derailment ofthe legislation at least
until tlie next session in February.
Rep. Sondra Erickson, who sponsored the tribal i.d. registration bill
and opposes the state tribal police
aid measure, said both are incorporated into the state government finance bill which is among the disputed issues between the house and
senate. A member ofthe working
group on the legislation, Erickson
predicted the tribal police aid provision would not be included if
an agreement is reached between
the two legislative branches.
"That bill did not have a separate
hearing and it should be heard next
STANDOFF to pg. 4
"Indian courts": a brief history
by Clara NiiSka
In August 1881, Crow Dog, "belonging to" the Brule Sioux Band,
killed Spotted Tail, who signed the
treaty of 1868 as the principal Chief
ofthe Brule Sioux. "The killing,"
according to court records, "took
place at their agency upon tlie Great
Sioux Indian reservation, in the first
judicial district of Dakota Territory." Crow Dog was convicted of
murder by the district court of Dakota territory, and sentenced to
death.
In November 1883 the U.S. Supreme Court heard arguments on
writs of habeas corpus and certiorari filed on behalf of Crow Dog.
In the case Ex Parte Civw Dog, decided December 1883, tlie Supreme Court reversed the territorial
court decision, and ruled tliat, "the
First District Court of Dakota is
without jurisdiction to find or try an
indictment for murder committed
by one Indian upon another in the
Indian country, and a conviction
and sentence upon such indictment
are void, and imprisonment thereon
is illegal."
The Supreme Court's decision in
Ex Parte Crow Dog includes a finegrained analysis of tlie jurisdiction
ofthe district courts ofthe Territory
of Dakota, sections of die revised
U.S. statutes pertaining to "crimes
arising within the maritime and territorial jurisdiction of die United
States," the provisions ofthe treaty
of April 29th, 1868 and an agreement with "certain bands ofthe
Sioux Indians, &c." approved by
Congress February 28*, 1877.
The eighth article ofthe 1877
agreement provided diat the signatory Sioux "be subject to tlie laws
ofthe United States, and each individual shall be protected in his
rights of property, person and life."
The Supreme Court decided that
the words of that agreement "can
have no such eifect as that claimed
by them"—that the Sioax were subject to U.S. law, "not in the sense of
citizens, but... as wards subject to
a guardian... as a dependent community who were in a state of pupilage."
U.S. policy: "annihilation," "assimilation," and "tutelage" in "civilization"
In 1871, Congress ended U.S.
treaty-making with Indiaas. United
States Indian policy underwent a
transformation in the 1870s and
early 1880s: from President Grant's
"peace policy"—"Indians who did
not go willingly to the reservations
would either be driven there by
force or exterminated in the process"—to a long-range agenda of
"assimilation." As Senator Dawes,
better-known for tlie General Allotment Act, put it, die "Indian people
will not remain as a separate race
among us ... He is to disappear in
die midst of our population, be absorbed in it, and be one of us and
fade out of sight as an Indian..."
Tlie assimilationists' agenda of
Christianization and the use of
"education" to "kill the Indian...
and leave the man and the citizen"
was countered by the philosophy
expressed by the Supreme Court in
Ex Parte Crow Dog: that Indians
were "... aliens and strangers... a
community separated by race, by
tradition, by the instincts ofa free
though savage life ..." During the
1870s, most U.S. Indian reservations remained under military control—-Indian agents were often also
officers in the U.S. Army. Excerpts
from the annual Report ofthe Commissioner df Indian Affairs provide
a glimpse ofthe foundations of
present U.S. Indian policy:
1878, Indian police:
By Act of May 27, passed at the
last session of Congress, provision
was made for die organization at
COURT to pg. 4
MnDOT attempts to repeal new law to
protect Coldwater Spring
by Cheryl Fields
The new law intended to protect
historic Coldwater Spring is under
attack by the Minnesota Department of Transportation (MnDOT)
which is attempting to introduce an
amendment, after the close ofthe
regular legislative session, to exempt construction at the Highway
55/62 interchange that currently
threatens groundwater flow to the
Spring.
Since losing a court decision last
week allowing the Minnehaha
Creek Watershed District to continue dye tests on groundwater flow
at the 55/62 interchange - tests that
MnDOT roadblocked for months -
MnDOT has been meeting in conference committees in an attempt to
weaken the language ofthe new
law to protect the Spring.
The law protecting Coldwater
Spring was signed by Gov. Jesse
Ventura on May 15, passing 123 to
20 inthe House, and unanimously
in the Senate. Not a single witness
testified in opposition to tlie legislation throughout all legislative committee hearings which included representatives from MnDOT and also
spokesmen from Tlie Metropolitan
Airport Commission, the Department of Natural Resources and the
Minnehaha Creek Watershed District
In a letter to the members ofthe
conference committee, the
Minnehaha Creek Watershed District states that MnDOT's action
"would effectively repeal" die law,
adding, "It is hard to conceive of
activity other than Highway 55/62
construction work, now or in die future, that would pose a risk to the
Springs. Therefore, to exempt
planned construction on this project
from the law would seem to exempt
the only work that might trigger the
law."
According to the watershed district "fairly inexpensive redesign
can eliminate" risk to the Spring if
implemented at this time during
construction. "MnDOT's present
legislative effort seems to be a disproportionate response to the concern, particularly where it repeatedly has expressed its commitment
to avoid any possible harm to die
Springs."
According to attorney Jordan
Kushner who has otlcn provided
counsel to the Preserve Camp
Coldwater Coalition which initiated
the protective legislation,
"MnDOT's previous opponents
have been community, environmental and Native American groups
who lacked funds to hire independent experts to challenge MnDOT's
hired guns. Now, the Minnehaha
Creek Watershed District another
government agency with the budget
to hire an independent expert is finally using accepted science to
back up obvious common sense
conclusions about the effect of its
(MnDOT's) project."
According to Mary Weitz, a
member of die Preserve Camp
Coldwater Coalition, the legislation
had strong bipartisan support and
MnDOT had ample opportunity to
raise any objections. Now, after being signed into law, MnDOT and a
conference committee of eleven individuals can undo the entire legislative process.
Coalition member Susu Jeffrey
sees the introduction of this
REPEAL to pg. 3
Peace pipe makers in the town of Pipestone
By Vince Hill
In the southwest part of our
state, with out-of-the-way access
from the major freeways, lies Pipestone, Minnesota, rich in both
white and American Indian history. George Catlin, the famous
American artist and explorer,
traveled dirough the Pipestone
area in 1836. In his letters and
notes on die North American Indians, first issued in 1841, he
commented that on top ofa
mound or ridge was found "The
far-famed quarry or fountain of
the Red Pipe, which is truly an
anomaly in nature (Plate 270)."
Of interest to me personally,
since I attended my first four elementary grades atthe Pipestone
Indian Boarding School in 1944-
1948, was the mention by Catlin
ofa quarry, which in lateryears
served as the swimming hole for
Anishinabe Pipestone Indian
Boarding School students, and
staff. I still vividly recall superintendent J. W Balmer, with a cigar
in his mouth, swimming the approximate 150-yard long quarry
back and forth with his face toward the sun and clouds. Mr.
Balmer was a pudgy balding
Chimook (white).
"At the edge ofthe wall, and
within a few rods of it, and on die
very ground where the Indians
TUte Pipestone Quarries
"The Pipestone Quarries'
dig for the Red Stone, rests a group
of five stupendous boulders of
gneiss, leaning against each other"
(Catlin). This is now the location
ofthe money - making Song of
Hiawatha Pageant performed annually and marketed to tourists.
"The surface of these boulders is in
every part covered with a gray
moss, which gives them an extremely ancient and venerable appearance, .. ..it is under these
blocks that the two holes, or ovens
are seen, in which, according to the
Indian superstition, the two old
women, the Guardian Spirits ofthe
place reside." (Catlin)
A number of local and outside
interest groups have been fighting
for years over actual control ofthe
Pipestone and Sioux quartzite
i", George Catlin, 1836
mines at Pipestone. After the Sioux
Indian insurrection in the 1860's
that led to ensuing near extermination ofMinnesota Sioux Indian
tribes, the Chimooks in soudiem
Minnesota wanted the remaining
"savages to be taught manual labor
skills" - hence the Pipestone Indian
Training & Boarding School at Pipestone, Minnesota. The Indian
Boarding School became fully operational by 1893, and was open to
all Indian tribes in Minnesota and
surrounding states.
The 640-acre "Pipestone Reservation" so designated by the U.S.
Congress to authorize funding of
the Indian Training School, included control ofthe Pipestone and
Sioux Quartzite mines, served to
CATLIN to pg. 5
Minnesota Department of
Transportation to repeal
new law to protect
Coldwater Spring
pg5
What American
Indian students
need
pg4
Commentary
Nei Bottling of
Bemidji to
distribute Red Lake
bottled water
pg4
Voice
o
T   H   E
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Founded in 1988
Volume 13 Issue 29
June 8, 2001
Shakopee Mdewakanton open Mystic
Lake Casino store at Mall of America
Collaborative effort by
Minnesota Gaming Tribes
The Shakopee Mdewakanton
Sioux Community celebrated
the Grand Opening of their
new Mystic Lake Casino Store
atthe Mall of America on May
23. Vice-Chairman Glynn
Crooks and Secretary/Treasurer Lori Crowchild cut the
red velvet ribbon and welcomed guests to the store.
Crooks in a brief speech said,
"This store will give visitors an
opportunity to learn about
what Minnesota tribes have to
offer, not just the tribal casinos, which are great attractions
in their own right, but the
amenities and ancillary facilities that tribes have developed
so successfully in recent years.
This past February Governor
Ventura told some of our tribal
leaders in Minnesota that he
saw great opportunity for cooperation in the area oflndian
tourism. We see this Mall of
America's store as the first
I step in an ongoing effort to ex-
- pand tourism as an economic
development tool, and to educate the public about the many
wonderful things to see and do
at every one of Minnesota's
eleven Indian reservations."
Good fishing opener prompts
change in Mille Lacs harvest rules
AssociatedPress
BRAINERD, Minn. - Abusy
fishing opener and strong catches
by anglers has prompted the Minnesota Department of Natural Resources to change regulations for
walleye fishing on one ofthe
state's biggest inland lakes.
Tlie DNR announced Thursday
that, effective June 5, only walleyes between 16 inches and 18
inches may be harvested and no
trophy fish will be allowed on
Lake Mille Lacs.
The previous regulation allowed
harvest of walleyes between 16
inches and 20 inches and one walleye over 28 inches.
The previous regulation had
been recommended by the Mille
Lacs Fisheries Input Group, with
the understanding diat if it was too
liberal it would be changed to keep
the walleye harvest under the state's
allocation of 310,000 pounds for
the 2001 season.
Tlie input group includes resort
owners, fishing guides, bait dealers,
local and state government officials,
tournament representatives and representatives of angling groups.
On the fishing opener weekend,
anglers harvested 52,000 pounds of
walleye, the highest harvest in eight
years, the DNR said. Tlie high harvest continued through Memorial
Day weekend to bring the total har- .
vest to 167,000 pounds as of Monday.
Tlie harvest was significantly
OPENER topg. 3
Paperwork filed before court
showdown over ancient skeleton
By William McCall
Associated Press
PORTLAND, Ore. - In what
likely was the last exchange of legal paperwork before they head to
court, attorneys for eight scientists
battling Indian tribes over the oldest and most complete human
skeleton found in North America
repeated claims about an alleged
cover-up by the federal government.
The documents filed Monday in
U.S. District Court also included
new affidavits from two ofthe scientists questioning government
measurements ofthe 9,000-year-
old skeleton known as Kennewick
Man.
"The government really is saying
'Trust us to do good science,'" said
Alan Schneider, one ofthe attorneys representing scientists who are
asking for more time to independently study the bones found along
the Columbia River in 1996 near
Kennewick, Wash.
"But it is fundamental to anything
done in modem science to subject
theories and materials to experimental testing," Schneider said. "In
science, it's not 'aust me,' it's
'show me.'"
SHOWDOWN to pg. 5
Changing face
of diabetes in
Minnesota
By Jean Pagano
Tlie 6,h Annual Changing Face of
Diabetes in Minnesota was held on
4 June 2001 at die University of
Minnesota in Saint Paul. The focus
of die meeting was to examine diabetes and the care needs ofthe culturally diverse populations in Minnesota.
Whereas diabetes is the seventh
leading cause of death among Minnesotans, it is the fourth leading
cause of death among American
Indians and it is four times as
prevalent among Native peoples as
in the state's general population. A
number of speakers addressed the
problems that Indians widi diabetes face. These speakers included
Yvonne Bushyhead ofthe Indian
Health Board of Minneapolis, Dr.
Felicia Schanche Hodge ofthe
Center for American Indian Research and Education at the University ofMinnesota, Dr. Yvette"
Roubideaux ofthe University of
Arizona, Tucson, and Monte Fox
ofthe White Earth Diabetes
Project.
Some interesting statistics about
diabetes among American Indians
in Minnesota:
• The prevalence of diagnosed
diabetes among American Indians
in Minnesota is 12%
■ American Indians in Minnesota are more than 4 times more
likely to have diabetes than non-
Hispanic whites
DIABETES to pg. 5
RETROSPECTIVE
The Metis, or half-breeds ofthe Red River ofthe north
by Alexander Ramsey
Annual Report ofthe Commissioner oflndian Affairs, 1850
The Indian agents in diis quarter have, before this, called tlie attention of Government to the constant trespassing ofthe half-
breeds, from the possessions of
the Hudson's Bay Company,
upon our territory, where they destroy immense numbers ofthe
buffalo, thus depriving the half-
breeds within our lines on the
Red River ofthe north, and our Indians, ofthe proper and rightful
provisions which nature has so
bountifully provided, nearly exclusively within the precincts ofthe
American soil.
These hali-breeds are of every .
imaginable cross of Scotch, English, French, Canadians, and
Orkneymen, with Indian women -
the latter, for the most part, Krees
and Chippeways. They number in
all quite ten thousand people, distributed in various settlements
along the valley ofthe Red river of
the North, which beyond its widening at Lake Winnipeg, is termed
Mackenzie's river, until it debouches into Hudson's Bay. The
main settlement is around Fort
York, below Lake Winnipeg; and
another considerable body are
gathered around Fort Gary, at the
mouth ofthe Assiniboine river,
less than one hundred miles beyond the American boundary;
METIS to pg. 6