Subject: Wotanging Ikche--nanews04.004 From: gars@netcom.com (Gary Night Owl) To: Internet Recipients of Wotanging Ikche Message-ID: _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' O ____ _ , ___ _ , ___ O o O / ' ) / / ) ' ) / / ' O o O / /-< / /--/ /-- VOLUME 04, ISSUE 004 O o o o o O __/_ / ) (___/ / ( (___, 27 January 1996 O o O O o O K A N O H E D A A N I Y V W I Y A O ( N A T I V E A M E R I C A N N E W S ) This issue contains articles from Triballaw, INNU-L, NATCHAT & NATIVE-L listservers; UUCP & Genie (General Electric) email; Newsgroups:alt.native,soc.culture.native,hr.indigenous,bc.general, can.general,ncf.sigs.people.first-people,talk.environment, alt.save.the.earth,alt.org.earth-first Articles appearing have been previously posted for public dissemination and/or permission for inclusion has been secured. Letters of authorization are on file. A list of those granting permission to repost their words in this issue are listed at the end of part A. I thank each of you for allowing your words to be shared with the people. <----<<<< >>>>----> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. Thanks to Don Rayment ,don.rayment@uptowne.com, Wotanging Ikche/ Kanoheda Aniyvwiya is being redistributed via a listserver. If you would like to receive Wotanging Ikche via the listserver, you can send a message to listserv@uptowne.com and include, in the body of your message "sub wotanging.ikche " Thanks to Marc Becker and David Cole issues of Wotanging Ikche/ Kanoheda Aniyvwiya are being archived at a World-Wide-Web site. The URL is http://web.maxwell.syr.edu/nativeweb/journals/nanews "We can be aggressive and point our fingers and be demanding. Quite often this is what society projects us to be. Or we can be cunning and manipulative. The idea of what it takes to be a good business and entrepreneur is so opposite to what it takes to be a good human being" __ Leonard George, Burrard +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters! We have been making garden plans, even with heavy frost and biting winds greeting us on our daily walk. Soon it will be time for rebirth, and we must be prepared to take part in this celebration of life. So it is with all things. We must be prepared to take part in the things given us by Creator. We must remember, as we endure times of pain, that all things in life are circles and circles within circles. No matter how tragic or no matter how wonderful life may be now, we will move on into the next phase. We must be prepared for what is coming and leave our lessons from where we have been for those who follow. Look at your seeds and your seed catalogues as you prepare for the coming spring. Look also at the path curving before you and prepare for this next rebirth of spirit. Peace! Night Owl , , Gary Night Owl gars@genie.geis.com (*,*) P. O. Box 672168 gars@netcom.com (`-') Marietta, GA 30067, U.S.A. gars@igc.apc.org ===w=w=== ----------- News of the people featured in this issue ---------- Part A: Usenet and e-mail Part B: NATCHAT and NATIVE-L lists - Letter to Parole Comm. for Peltier - Conferences and Powwows - online - URGENT: Urban Indian Health Cuts - Return Fort Reno - Redefining Native Politics - Skokomish River Watershed Needs Help - The Great Giveaway - Why "Indians?" - Cherokee Task Force Organized - Haggling Over Basic Issues - Nuxalk Trial Attempt Resumes - Native Hawaiian Kills Self - Innu Ratify Framework Agreement - Crazy Horse Update - Poem: Coyotes on the Plains - Verse: Hawai'ian Book of Days - Conferences and Powwows - offline --------- "RE: Letter to Parole Comm. for Peltier" --------- Date: Sun, 21 Jan 96 00:29:36 EST From: R2JSQ@VM1.CC.UAKRON.EDU (Joe Quickle) Subj: Jan 20 - Letter to Parole Comm. for L. Peltier Newsgroups: alt.native,soc.culture.native,hr.indigenous I am mailing a copy of this letter to the Parole Commission. I ask that you please sign and fax or mail a copy of this letter or your own letter of support to the Parole Commission. Or sign this and e-mail this or your own letter of support to me, and I'll print it and mail it to the Parole Commission. Or (better), do both. -Joe Quickle -------------------------- United States Parole Commission 5550 Friendship Blvd. Suite 420 Chevy Chase, MD. 20815 FAX: (301) 492-6694 Dear Commissioner, I don't know you're legal background - mine is limited - but there is a legal concept called "jus tertii," or the rights of a third party. I am writing to you as a third party with compelling interest in the case of Mr. Leonard Peltier. You see, the terrible blight on our justice system which Mr. Peltier has been forced to live with affects not only him, but all those who are informed about his case. The fact that this could have happened and is being maintained to this day - not in a foreign country but in the U.S. - creates a climate of fear in which we all must live. I believe we all have a right, an implicit civil right, to expect justice from our court system. Yet this expectation is not logically plausible as long as so blatant an injustice is upheld. While this is the case, I am forced to abandon the assumption that the system is fundamentally sound. Your obligation to justice should be reason enough alone to immediately parole Mr. Peltier. But I hope you realize that you have a further responsibility to the people of the United States to steer us away from this climate of fear, to demonstrate that justice, even if long overdue, is still attainable. I urge you to reject the past corruption of others, to align yourself with the ideals of the U.S. Constitution. I urge you to strike a blow for justice by immediately paroling Mr. Leonard Peltier. Sincerely, --------- "RE: URGENT: Urban Indian Health Cuts" --------- Date: 21 Jan 1996 17:37:19 -0500 From: bgolding@aol.com (BGOLDING) Subj: URGENT: Letter re: Urban Indian Health Cuts Newsgroup: alt.native The following is a letter drafted by representatives of the nation's Urban Indian Health Centers, during a national conference held in Denver, CO, January 17-20, 1996. The letter is a proposed response to Dr. Trujillo, head of the Indian Health Service, who asked that we pick one of three options regarding fiscal year 1996 appropriations for Urban Indian Health. ----------------Letter follows---------------------- Dear Mr. Trujillo: On behalf of more than one million urban Indians in America, we are asking you to carry our voice to Congress and speak out against the proposed 25% cut for the Title V Urban Heath Programs. Urban Indians have the lowest health care status than any other ethnic group in America - even lower than on-reservation Indians. Presently, 78% of our health needs are UNMET by the current funding levels. Now, Congress is asking for even a greater reduction which is unfair. No other racial minority is being subjected to such drastic budgetary actions. The action by Congress is tantamount to "genocide" by legislation. In this respect, we must reject any proposal to reduce the level of funding to Urban Indian Health Programs beyond the FY-95 amount. Rather, in light of the UNMET NEED, we are requesting a 10% increase for FY-96 and a 15% increase in FY-97. If cuts in IHS need to be made, let them be in line items not needed for essential health services. Urban Health Programs should be treated on the same equal basis as Tribal Programs when it comes to funding. If Tribes are funded through September 1996 with no cuts then neither should Urbans. We are Tribal members regardless of where we live. Urban Indians: ---Represent more than 65% of the total Indian population. ---Have a greater user population (144,000 with more than 744,000 visits in 1993) than most IHS service areas. ---Current funding only serves 22% of the need. Impacts: ---Will result in the inhumane loss of life and unnecessary pain and suffering by hundreds of urban Indians. ---The general health care status of urbans will reach its lowest levels by the loss of jobs, services, etc. ---Result in layoffs and subsequent loss of qualified professional staff. ---It will cost the government more because Urban Indian clients will develop more acute health care needs and put an additional financial burden on the IHS, State, County and local governments to service them elsewhere or through som other health provider network. In summary, these proposed budget cuts WILL NOT SAVE THE GOVERNMENT A SINGLE DIME; or should we say, "one red cent." The redman has paid enough for so little. The U.S. government is committing gross negligence and violation of treaty obligations afforded to all American Indians whether they live on the reservation or not. -------------End of letter----------------- If you agree that cuts to Urban Indian Health are intolerable, then please contact your local representatives to voice your concerns. On Monday, January 22, 1996, legislators will be discussing the proposed cuts to these programs. Please let your voice be heard! Posted by Brian Golding, Chairperson of the Board of Directors Sacramento Urban Indian Health Project, Inc. (SUIHPI) 2020 J Street Sacramento, CA 95814 (916) 441-0918 - voice (916) 441-1261 - FAX email - bgolding@aol.com --------- "RE: Redefining Native Politics" --------- Date: Wed, 17 Jan 1996 04:58:07 GMT From: at491@FreeNet.Carleton.CA (Kim Goldberg) Subj: Redefining Native Politics Newsgroups: alt.native,soc.culture.native,bc.general,can.general Originally published in Canadian Dimension magazine Dec. 1995/Jan. 1996 issue, p.7 Retransmit freely in cyberspace Author holds standard copyright Do not republish without obtaining the author's permission Kim Goldberg: at491@freenet.carleton.ca [Editorial note: Sincere thanks to Kim for granting permission for this article to appear in this newsletter] REDEFINING NATIVE POLITICS (c) Kim Goldberg, 1995 Since last reviewing B.C. native affairs in this space (Aug-Sept 1995), the seemingly random spate of native blockades over land rights has congealed into a coherent political force with the potential to reshape the land claims process in this province. It has also delineated a growing rift within native communities as well as the non-native environmental movement. It is called the traditional sovereigntist movement. And its adherents maintain that no current government holds jurisdiction over the unceded lands of the original human inhabitants, and no Canadian court has the authority to rule on native land disputes. It's a position with some foundation in white colonial law, although no Canadian judge has so far been willing to entertain an argument based on the esoteric ruling dating back to 1704. Nevertheless, sovereigntists reject the authority of court injunctions barring them from their ancestral lands. And they reject the authority of the B.C. Treaty Commission, which is currently negotiating land claims with more than 40 native nations. The sovereigntist position is not generally shared by the elected leadership of most first nations in B.C. And it is those individuals who are primarily involved in the provincial government's treaty process. The split between hereditary and elected leadership is the leading edge of a much deeper divide separating traditional, earth-centered natives from those more fully absorbed into the capitalist value system, and whose economic development plans can best be met through the current treaty process. The sovereigntist movement was finally identified by media when Shuswap natives refused to leave a ceremonial Sundance site at Gustafsen Lake, B.C., last summer. But even then, the full significance of the sovereigntist movement was always diluted by descriptives like "radical fringe," "renegade Indians" or just plain "thugs." At the end of the four-week siege when the natives voluntarily surrendered, the local Cariboo Tribal Council issued a press release echoing the media chorus by dismissing the sovereigntists as "quite simply a case of an individual or a small group deciding to squat on a piece of land..." But actions and alliances elsewhere in B.C. suggest the sovereigntist position is supported by far more than a handful of "squatters." In August, around the outset of the Gustafsen siege, eight native nations and 24 environmental groups signed a declaration supporting "indigenous sovereign nations" and opposing the B.C. Treaty Commission. The Juh-Juh Dids declaration, named for the island in Clayoquot Sound where the groups met, also rejected the B.C. government's kinder gentler logging procedures for Clayoquot (which have not ended clearcutting, as originally announced) and demanded "an immediate end to commercial logging in all remaining primary forests." The declaration (which was drafted after native sovereigntists asked environmentalists for help) divided the environmental movement. Such heavyweights as Greenpeace, Sierra Club and Western Canada Wilderness Committee declined to sign on, while Friends of Clayoquot Sound, Rainforest Action Network, Earth Island Institute and other notable green groups did. In their attempts to build native alliances, B.C. environmentalists have historically dealt with elected native leaders. Some groups were obviously unprepared to renounce those leaders or the initiatives of the NDP government with a tight provincial election so near. But the trend to watch is the growing alliance between native sovereigntists and environmentalists, with non-violent direct action being the strategy of choice. The September 26 police raid and arrests of three hereditary chiefs of the Nuxalk nation plus more than a dozen non-native members of Forest Action Network who were all defending a remote stand of rainforest in coastal B.C. may well be the shape of things to come. Kim Goldberg is the British Columbia current affairs columnist for Canadian Dimension. --------- "RE: The Great Giveaway" --------- Date: Wed, 17 Jan 1996 04:55:05 GMT From: at491@FreeNet.Carleton.CA (Kim Goldberg) Subj: The Great Giveaway (to mining) Newsgroups: ncf.sigs.people.first-people,alt.native,soc.culture.native, talk.environment,alt.save.the.earth,alt.org.earth-first Originally published in the Nanaimo Times Nanaimo, British Columbia Tuesday, January 16, 1996, page A7 Retransmit freely in cyberspace Author holds standard copyright Kim Goldberg: at491@freenet.carleton.ca [Editorial note: Sincere thanks to Kim for granting permission for this article to appear in this newsletter] The Great Giveaway: A flawed process led to province's approval of northern B.C. mine (c) Kim Goldberg, 1996 If the B.C. government's approval last month of the proposed Huckleberry copper mine in northwestern B.C. is allowed to stand, then the government's new Environmental Assessment Act should be renamed the Giveaway to Mining Act. So flawed was the process leading to the mine's approval that the Cheslatta Carrier Nation has petitioned B.C. Supreme Court to set aside the decision, citing numerous errors and oversights. The petition, filed by Sierra Legal Defence Fund's staff lawyer Karen Wristen on behalf of the Cheslatta, claims the province's energy minister (Anne Edwards), environment minister (Moe Sihota) and government staff failed to abide by the requirements of the Environmental Assessment Act in accepting the mining company's incomplete project report and subsequently granting the project approval certificate. The case, which Wristen expects will be heard within eight weeks, is significant because the Huckleberry project was the first of 19 proposed mining developments to be reviewed under the new Act proclaimed last June. The outcome of this petition will set the tone for all future environmental reviews. According to the petition, Huckleberry Mines Ltd., whose proposal is more than two years old, has still not "submitted cost projections for long term monitoring and maintenance of the facility after closure... conducted fish tissue sampling to determine background levels of mercury and other metals... provided modeling of long-term pit water quality... or assessed the impact on humans of mine discharge." Yet all of this information is required by the project report specifications. Nor were the Cheslatta allowed to fully participate in the environmental review or to have their concerns properly addressed, states the petition, despite the fact that the proposed mine is located on traditional Cheslatta territory, which obliges the government to involve the Cheslatta in the review process under the Environmental Assessment Act. And herein lies the real tragedy as well as the moral crime behind the government's approval of this $137 million development. The government's failure to follow its own law when faced with the wrath and $500,000 media campaign of the mining industry (the same industry that led the charge against Dave Barrett's New Democrats in the 1975 provincial election) is truly pitiful. But this government's spinelessness translates to a much uglier quality when one factors in the 55 years of continuous victimization the Cheslatta have suffered at the hands of mining and logging companies who have consistently been given free rein over Cheslatta territory. With the bones of their ancestors lying at the bottom of a lake thanks to Alcan's Kemano project, with their original settlement flooded and burned, with the caribou nearly eradicated courtesy of large-scale clearcut logging, and with loss of wildlife habitat in their territory continuing daily, surely the Cheslatta have sacrificed enough already. "Our resources have been taken from our territory by industry, and all of our people are suffering," Cheslatta Chief Marvin Charlie said when contacted for this column. "Some of our people are living in condemned homes with rats coming through holes in the floor. Our health care is poor. Our employment is very low... And now this Huckleberry mine is threatening our territory." The Cheslatta are tired of industry extracting everything from Cheslatta land, returning nothing to the people and destroying evermore wildlife habitat in the process, says Chief Charlie. The Huckleberry open pit copper mine is slated to yield 15,500 tonnes of ore daily for 17 years. The estimated market value of the mineral resources is $1.3 billion. But when the Vancouver and Japanese companies owning the mine finally depart Huckleberry Mountain, they won't be leaving the green stuff behind, just 90 million tonnes of tailings and 70 million tonnes of waste rock. Kim Goldberg is a Nanaimo Times columnist. --------- "RE: Cherokee Task Force Organized" --------- Date: Sat, 20 Jan 1996 08:38:36 -0800 From: cwyob@mailhost.galstar.com Subj: FYI---Cherokee Task Force Organized Newsgroups: soc.culture.native,alt.native The following press release was received by the Cherokee Observer on January 17, 1996. Contact person-Robin Mayes can be reached at 918-456-5761. TAHLEQUAH, OKLAHOMA- Monday afternoon, January 15, Barbara Starr-Scott and Nick Lay, tribal councilmembers from District 5 and 8, met with Cherokee community representatives, regarding their concerns about the numerous "scandals" surrounding the Cherokee Nation. Later, at the tribal council meeting, those Cherokees {including traditionalists, activists,elders, lawyers and businessmen} expressed concern to Principal Chief Joe Byrd over the many irregularities such as bogus loans, bingo profits and Mankiller's parting gifts to her closest aides. "The scandals are an albatross around the neck of this administration" Chief Byrd was told. He responded to the packed chamber that he too was concerned and agreed something needed to be done. Joseph Muskrat,lawyer and Cherokee Nation tribal member, told Chief Byrd that a task force had been formed. "We must let the leaders govern the Nation and move us forward. Take off the albatross and give it to the task force. Let them investigate the wrongs. Those who have committed crimes should be prosecuted; those who have committed civil wrongs should be sued, and those who have been wrongfully accused should be acquitted. Then we will bury the albatross." Councilwoman Barbara Starr-Scott said that "the government should never do what it will not allow people to see. A task force will bring the facts into the open for all the people to see." "Cherokee people were always the leaders in the Indian world" added Cherokee Elder Paul Thomas, from Pryor Creek. "These scandals are making us the laughing stock of Indian Country." Brice Downing, Cherokee Elder of Tulsa, said, "Mankiller left us her albatross and spent all the money. I hear the Nation is broke. We came here to help." Cherokee Traditionalist/Elder Jess Bluebird, of Sperry said "This is the right course to follow and we cannot be deflected." His wife Mary interpreted for him and then added, "This administration cannot be known as the one that swept everything under the carpet." "Chief Byrd, this is not your albatross," Muskrat said. "The wrongs were committed by Mankiller and her people, not by you. This administration and this council must not adopt their sins as its own and become a part of them. You must take off the albatross and give it to the task force so they can bury it," he said. "Then you can move forward and govern." Chief Byrd concluded by saying, "Don't wait until the next council meeting. Bring your proposals to the Executive Committee so we can get started on them right away." Mary and Jesse Bluebird went up to Chief Byrd and embraced him. "You can do it, son, you can do it. We're counting on you," said Mary. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ This press release was posted courtesy of your only independent Cherokee newspaper: The Cherokee Observer P.O. Box 1301 Jay, OK. 74346-1301 cwyob@mailhost.galstar.com --------- "RE: Nuxalk Trial Attempt Resumes" --------- Date: 23 Jan 1996 09:56:56 -0800 From: samuel@wimsey.com (Stephen Samuel) Subj: Nuxalk Native trial attempt resumes Summary: Judge issues warrants, Government acknowledges/ignores native rights Newsgroups: bc.politics,soc.culture.native,alt.native January 23, 1996 Nuxalk Trial resumes. The attempted trial of Nuxalk natives and their supporters resumed this week as Justice Smith issued bench warrants for the 22 defendants who walked out of the courtroom last month. The 22 defendants including Hereditary Nuxalk chiefs, elders and most of the elected band council were on trial for violating an injunction kicking them off of their land. The trial got off to a rocky start on December 4/95 when Madame Justice Saunders removed herself from the trial. Natives and friends had raised many questions about her (or any BC Judge) sitting in on the trial while maintaining any sort of semblance of independence or impartiality. Ms. Saunders had issued the original injunction barring the natives from protecting a site known to them as "Ista" -- the place where their Smayusta (an equivalent to our bible) says that the first Nuxalk woman came to earth. She used this as reason to step down. Justice Saunders was replaced by Justice Smith who refused to accept arguments regarding the constitutionality of the court issuing orders for the arrest and removal of natives, and their supporters from unceded native territory. He also refused to step down as prejudiced. After evidencing great difficulty with a request to officially acknowledge that the Nuxalk people before him were human, Justice Smith ordered the trial to continue. Shortly after that point, the defendants and observers quietly walked out of the courtroom. Justice Smith adjourned the trial in response. Chief Qwatsinas (whom the courts call Ed Moody) spoke outside the courtroom -- but inside the courthouse of the inability of the Canadian justice system to give native people a fair and impartial trial. "Native people don't fit in the White Man's court. Native laws don't fit in the white man's court.", he said before leading people out of the courthouse. Justice Smith, after a second adjournment -- where he threatened to issue bench warrants for the defendants -- adjourned the trial to January 15 -- when he threatened again to issue bench warrants. On January 15, as International attention seemed to focus on the trial the case was again delayed to this Monday (Jan. 22) where he finally issued bench warrants which come active this morning (Jan. 23). Lawyer Paul Hundel who had represented most of the defendants (the Hereditary chiefs represented themselves) resigned. _____________ Note: On January 9, 1996 the BC government issued a press release acknowledging that the Nuxalk people have continuing aboriginal rights to the land for which they issued destruction (logging) permits. The government also admitted that the Nuxalk have refused to even TALK ABOUT giving up their title. Nonetheless, the BC government, somehow claims the right to deny them their rights to the land until such time as they can force the Nuxalk people to give it up. It is the unwillingness of the BC and Canadian government to respect these aboriginal rights which appears to be at the center of this fight. For more information, you can contact the House of Smayusta (The Nuxalk traditional government) in Bella Coola at (604) 799-5376, {Fax=(604)799-5707} Forest Action Network which is representing their white supporters can be reached in Bella Coola at (604) 799-5800 {Fax=(604) 799-5830} In Vancouver (where the trial is based) FAN can be reached at739-4782 -- Stephen Samuel (604)876-0426 samuel@wimsey.com http://www.wimsey.com/~samuel/ I finally understood that the derogatory term "Indian giver" referred, not to the Indians themselves, but, rather, to our treatment of the Indians. --------- "RE: Innu Ratify Framework Agreement" --------- Date: Wed, 24 Jan 1996 11:17:05 -0400 From: Larry Innes Subject: Innu Ratify Framework Agreement Mailing List: INNU-L FOR IMMEDIATE RELEASE 24 January 1996 INNU RATIFY FRAMEWORK AGREEMENT (Sheshatshiu) Innu people have voted to ratify the Framework Agreement in a referendum conducted in Sheshatshiu and Utshimassit (Davis Inlet) over the past two days. Sixty eight percent (68%) of the eligible voters in the communities participated in the referendum. 88% of the participating voters were in favour of the proposed agreement, while 12% were opposed. "The results of this referendum are a clear indication that Innu people are prepared to participate in good faith negotiations with Canada and Newfoundland. The Framework Agreement represents a major step in this process.", said Daniel Ashini, Director of Innu Rights and Environment. "Future agreements will still have to be ratified by the Innu people, and the Innu will have to be assured that their rights are being recognized to continue in the process." The ratification of the Framework Agreement means that the Innu Nation now has a mandate from the Innu people to enter into substantiative Agreement-in-Principle (AIP) negotiations with Canada and Newfoundland. The Newfoundland government ratified the Framework Agreement late last year. The Agreement now goes to the Federal Cabinet for ratification by Canada. --------- "RE: Crazy Horse Update" --------- Date: Tue, 16 Jan 1996 23:42:47 -0800 (PST) From: rpgough@aol.com (RPGough) (by way of derrico@legal.umass.edu (Peter d'Errico)) Subj: CRAZY HORSE UPDATE: MCLU & LIQUOR Mailing List: TRIBALLAW (triballaw@thecity.sfsu.edu) As time allows, on behalf of the Estate of Tasunke Witko, periodic "Crazy Horse Updates" will be posted on the progress in both the Tribal Court and Minnesota appeals involving the unwarranted use of the name on Hornell & Heileman's malt liquor. We have appreciated all of the responses and notes of encouragement and support. Those interested in directly participating in these efforts should contact the Crazy Horse Defense Project, by telephone at 612/870-9006 and by FAX: 715/425-7000. Papers served this week upon the Estate of Tasunke Witko, Seth H. Big Crow, Sr. Administrator/Intervenor provide particulars of the recent challenge of the Minnesota decision prohibiting the false and misleading use of the name of Crazy Horse on a malt liquor label. + + + + RE: Hornell Brewing Co., Inc., et al v. Minnesota Department of Public Safety, Liquor Control O.A.H. Docket No. 3-2400-9058-2 On December 27, 1995, the Minnesota Civil Liberties Union (MCLU) [Randall D.B. Tigue, Volunteer Attorney, MCLU, 2620 Nicollet Avenue, Minneapolis, MN 55408 (612/874-9903) and Kathleen Milner, Legal Counsel, MCLU, 1021 West Broadway, Minneapolis, MN 55411 (612/522-3894)] along with the attorneys for Hornell and Heileman Brewing companies (Relators) [Lawrence I. Fox, Thomas J. Mavin, and T. Raymond Williams, 1211 Avenue of the Americas, New York, N.Y. 10036-8701] as co-counsel, filed a Petition for Writ of Certiorari in the Minnesota Court of Appeals against the Minnesota Department of Public Safety, Liquor Control Commission (Respondent) [Jeffery F. Lebowski, Assistant Attorney General, Suite 500, 525 Park Street, St. Paul, MN 55103-2106] and the Estate of Tasunke Witko, Seth H. Big Crow, Sr., Administrator (Intervenor) [Robert P.W. Gough, P.O. Box 25, Rosebud, South Dakota 57570 and Kenneth E. Tilsen, Hamline University School of Law, 1536 Hewitt Avenue, St. Paul, MN 55104-1284]. The Statement of the Case of the Relator provides the following description of claims, defenses, issues litigated and result: The present action was an administrative action to revoke the brand registration of "Crazy Horse Malt Liquor", on the ground that the brand label stated or implied in a false or misleading manner a connection with an actual living or dead American Indian Leader, within the meaning of Minnesota Statutes Section 340A.11(d)[sic]. The department, in a contested case hearing pursuant to the Administrative Procedures Act, determined that the label did so falsely state or imply a connection with a dead American Indian Leader, to- wit "Crazy Horse." Issues proposed to be raised on appeal: a. Is Minnesota Statutes Section 340A.311(d) facially unconstitutional and unconstitutional as applied, as a violation of the First and Fourteenth Amendments to the United States Constitution, and Article I, Section 3 of the Minnesota Constitution? b. Does the statute in question deprive Relators of equal protection of the laws, in violation of the Fourteenth Amendment to the United States Constitution? + + + + The brand label is considered "commercial speech" which has more limited constitutional protections under the 1st Amendment than does "political speech." Alcohol is a highly regulated product, and under the 21st Amendment, state governments have greater regulatory power than does the federal government. In the context of commercial speech, the government may be permitted to prohibit misleading speech that might otherwise be protected. See, Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 771-772, 48 L. Ed. 2d 346, 96 S. Ct. 1817 (1976). The outcome of this legal challenge will determine whether the Minnesota statute is constitutional. If the law is upheld, then it could serve as a model for similar legislation throughout the country. Amicus briefs anyone?? --------- "RE: Poem: Coyotes on the Plains" --------- Date: 30 Jul 1994 18:07:09 -0500 From: turtle@aicap.s21.com (Turtle Heart) Subj: Coyotes on the Plains Newsgroups: alt.native Coyote stands there below the mountains where the sun shines on the birds of morning drinking coffee, his feet still cold a basket filled with stone points for arrows and other kinds of sticks is set to a certain red at the first light of day rolling into sky his breath is long and slow watching the turtle up in the mountain there in that rocky castle i could meet him i could sing him I could give him another bowl to carry further on down the mountain I would greet him but I go the other way......................tobacco indian -- Turtle Heart turtle@soft21.s21.com (Ahnishinabeg) American Indian Computer Art Project BBS 619-374-2100 Land of Kaw-ii-su ancestor: Land of Light -- --------- "RE: Verse: Hawai'ian Book of Days" --------- Date: 96/01/19 21:08 From: Debra F. Sanders (dfsanders@genie.geis.com) Subj: Verse: Hawai'ian Book of Days GE Electronic Mail A HAWAIIAN BOOK OF DAYS, week of January 28-February 3 IANUALI (January) (Kaelo) 28 If I feel hunger or thirst, the land will provide; if my spirit is troubled, the wind and the sea will comfort me; if I am afraid, Pele will protect me. 29 Each morning is a celebration of beginnings. 30 The stars, na hoku, guide me at night -- they show me the way to my destiny. 31 The will of my ancestral spirit, my 'aumakua, speaks in all that I say or do. PEPELUALI (February) (Kau-lua) February was the time when the anae, the mullet, spawned. 1 If you want to see the stars, you have to look up! 2 In the first golden light of dawn, nothing is impossible! 3 Music is the key to the inner spirit. (c) Copyright 1991 by D. F. Sanders Me ke aloha i ka nani, ... Moe'uhanekeanuenue (With love and beauty, ... Rainbow Dream) --------- "RE: Conferences and Powwows - offline" --------- Date: Thu, 25 Jan 96 08:00 -0500 From: Janet Smith (Evening Star) (jans@genie.geis.com) Subj: Upcoming conferences and powwows not previously posted to Mailing Lists NATCHAT or NATIVE-L GE Electronic Mail Chautauqua Newsletter Subj: Chicago Area Event Just received this from the College of DuPage, Glen Ellyn, Illinois: The College of DuPage, in Glen Ellyn, Illinois has designated the week of January 29th thru Feb. 2nd as Native American Week, in celebration of Native Culture. Starting with the 3rd Annual Friendship Pow-Wow on January 13th, which drew over 2,000 people, the College will kick off the week with Keynote Speakers, Mshkolahnee-Manito & Peatohah-Nape Tamsah, a Traditional Shawnee couple who will share some of their experiences, as Traditionals, in keeping their culture-heritage alive and continuing, in this modern time. Presentations will take place in the College SRC building, Room 2800, at 2-4pm & again from 7-9pm, Monday, Jan. 29th. Additionally, a Film Festival will take place in the SRC building, Rm #1024, with a variety of Documentary Films being shown. These will be held from Monday thru Thursday, 12 noon-2pm & 7-9pm. Faculty members will lead discussions of the films afterward. The Public is Invited. For further information please contact the College of DuPage information office thru (708) 858-2800 and-or (708) 942-3078. ------------------------------------- From: b.zygo@mail.utexas.edu (Brian H. Zygo) Newsgroups: alt.native Subject: Texas A&M Powwow Texas A&M University Native American Student Association & American Indian Science & Engineering Society 4th Annual Pow Wow February 9 - 10, 1996 Louis Pierce Pavilion College Station, Texas Friday Evening (Feb. 9) ------------------------ Gourd Dancing 7:00 - 8:30 pm Intertribal Dancing 8:30 - 10:30 pm Saturday (Feb. 10) -------------------- Gourd Dancing 2:00 - 5:00 pm Intertribal Dancing 7:00 - 11:00 pm Head Staff ------------ Head Singer --> Cliff Queton Crowly, Tx Head Gourd Dancer --> Ernie Kauahquo Hobart, Ok Head Man Dancer --> Lyndon Alec Livingston, Tx Head Lady Dancer --> Amber Clark College Station, Tx MC --> Alva Roughface San Antonio, Tx Arena Director --> Gary Cornett League City, Tx Co-Hosted by: American Indian Veterans of North Texas ------------ Gulf Coast Tia-Piah Society TRADERS BY INVITATION ONLY!!! Directions: College Station is located on Highway 6 between Houston and Waco. Take Business Hwy 6 (Texas Avenue) and head west on George Bush Drive. Louis Pierce Pavilion will be on George Bush Drive, on the South, just west of Wellborn. For More Information Call: Dept. of Multicultural Services (409) 845-4551 Richard Burgess (409) 589-2726 Amber Clark (409) 779-8214 As Always --> No Drugs or Alcohol Permitted --------------------------------------------------------- Date: Sun, 21 Jan 1996 19:13:33 -0500 Chautauqua Newsletter Subj: Waters Family Pow-wow Waters Family Pow-wow- February 24, 1996 Watonga Multi-Purpose Building, Watonga Oklahoma 2:00 pm Gourd Dancing 5:00 pm Supper 7:00 pm Grand Entry MC Clinton Youngbear Head Man- Lydell White Pume Head Lady- Mynoma Davidson Head Teen Man- Patrick Sharp Head Teen lady- Crystal Mason Head Little Man- Tristen WhiteBuffalo Head Little Lady - Anna Helen SpottedWolf Host Northern Drum - River Bottoms Jrs. WY Host Southern Drum - YellowJacket OK Special Tiny Tot contest Grass Dance Contest Special Teen Mens Traditional For more information contact Clinton YoungBear (405) 884-2417 Waters Family (303) 388-8820 ---------------------------------------------------- From: rshyatt@horizon.hit.net (R H) Newsgroups: soc.culture.native Subject: Walnut Valley Intertribal Pow-wow Date: Wed, 10 Jan 1996 12:23:27 +0500 July 5,6,& 7.1996 First annual Pow - wow in Winfield Ks. $10,000 prize money in all categories. for more information e-mail me your Name and address. April 13&14, 19996. First annual Southwestern & Native American Arts and Craft show. Winfield Ks. For more details e-mail me your Name and address. ---------------------------------------------------- From: berryj@Okway.okstate.edu (John Berry) To: Ind-Net@listproc.wsu.edu, NetRez-L@listproc.wsu.edu Subject: D-FW area Wordcraft Conference(FWD) Original Sender: talley@netcom.com (Pat L Talley) Mailing List: NATIVE-L (native-l@gnosys.svle.ma.us) "Words With Wings: From Print to Performance" is a Wordcrafters Conference being held at Mountain View College in Dallas, Texas on February 23-24, 1996. Several workshops will be conducted as part of this conference which is targeted toward teachers, librarians, students, community workers, as well as the general public. The workshops and presenters are: Writing and illustrating children's books - Murv Jacobs & Beatrice Harrell Native Women: Voices of Traditions & Power - Dr Rayna Green & Joy Harjo Native Screenwriting - Robert Conley Storytelling & Tribal Values - Joy Harjo Writing as a Career and Getting Published - Dr. Lee Francis, Robert Conley, Joy Harjo Wordweaving the Vision - Beatrice Harrell Fiction & Poetry by Native American Women - Rayna Green & Joy Harjo Washington Internships for Native Students - Dr Lee Francis Where Do We Go From Here? - Robert Conley Registration deadline is by close of business on 2-14-96 Registration fees: $25 for both days includes refreshments, lunch and information packet $10 per session (does not include lunch) $10 for lunch only $10 for college students with ID $5 for high school students with ID For information contact Frank McLemore or Glenda at 214-296-9431, Peggy Larney at 214-565-5402. Send registration to: TAN/TCCO, INC PO Box 542231 D/FW, Texas 54354-2231 TAN/TCCO is a non-profit organization. Evening activity with guests will be on Friday February 23, from 8:00 - 10:30 p.m. at Sequoyah's Book and Coffee House, 5930F Royal Lane, Dallas, TX and is open to the general public. Book signing will be conducted also at this time. -------------------------------------------------------- Date: Sun, 21 Jan 1996 19:13:33 -0500 Chautauqua Newsletter>> -------> copy and paste <--------<<< --------------------------------------------------------------- The Honorable William J. Clinton The President of the United States The White House 1600 PennsylvAnia Avenue, NW Washington D. C. 20500 Dear Mr. President, I strongly support the Cheyenne and Arapaho Tribes of Oklahoma in their efforts to regain possession of the Fort Reno lands through an Executive order. Sincerely, (Place your name here) ---------------------------------------------------------------- >>> --------> copy and paste <-------<<< HOW TO REGISTER YOUR SUPPORT To e-mail this letter of support to the President, please follow these steps: 1.) Type your name into the space provided in the above letter of support. 2.) "Copy" and "paste" this letter of support into your e-mail program as a "new message" (Please copy only the material between the dotted lines above. ) 3.) Add any additional words of support or leave as is. 4.) "Copy" and "paste" in the subject "Return Fort Reno" 5.) "Copy" and "paste" in the President's e-mail address which is: president@whitehouse.gov 6.) "Send" the message to the President. 7.) "Forward" a copy of this entire message to all of your friends. (Use the "Forward" function in your e-mail program.) Be sure subject heading reads, "Return Fort Reno (Forward)" 8.) You can also mail a copy of the above letter of support to: The Honorable William J. Clinton The President of the United States The White House 1600 PennsylvAnia Avenue, NW Washington D. C. 20500 My Friends, We have an opportunity today, to test the power of the internet as a tool for focusing the "Voice of the People". We have an opportunity to directly shape the human rights policy of our nation through democratic action. Please help us spread this message far and wide. Please help us in our appeal to the heart and conscience of our President. Letters of support may also be sent directly to the Cheyenne and Arapaho Tribes by mailing to: Cheyenne and Arapaho Tribes of Oklahoma ATT: Miss Clara Bushyhead P. O. Box 38 Concho, OK 73022 Or they may be e-mailed to: cheyarap@mind.net --------- "RE: Skokomish River Watershed Needs Help" --------- Date: Sat, 20 Jan 1996 12:41:10 -0800 From: jburrows@halcyon.com (Center For World Indigenous Studies) Subj: The Skokomish River Watershed Needs Your Help! Mailing List: NATIVE-L (native-l@gnosys.svle.ma.us) FOR MORE INFORMATION CALL VICTOR MARTINO 206-842-5386 JANUARY 15, 1996 FROM: GORDON JAMES, CHAIRMAN, SKOKOMISH TRIBAL COUNCIL DEAR FRIENDS OF THE SKOKOMISH RIVER: THE SKOKOMISH RIVER WATERSHED NEEDS YOUR HELP! On January 31 in Hoodsport and February 1 in Olympia, the Federal Energy Regulatory Commission will hold public meetings on the City of Tacoma's proposal to continue diverting the North Fork Skokomish River out of its watershed for another 30-50 years. The fate of the watershed, the estuary, and of the people who live there, all hang in the balance. You can help tip the balance and convince FERC to require Tacoma Public Utilities to restore the North Fork to its watershed and operate its Cushman hydroelectric project in a responsible way. THE PROBLEM In the late 1920's the City of Tacoma built the Cushman hydroelectric project on the North Fork Skokomish River, which flows into the southern end of Hood Canal on the Skokomish Indian Reservation. The City misrepresented the effect the Cushman Project would have on the environment and on the Reservation. It got a federal license only to flood 8.8 acres of federal land. It used that license as cover to build two dams, reservoirs, power houses, diversion works, and transmission lines -- these project works remain unlicensed. The City diverted the entire North Fork Skokomish River out of its watershed to a power plant on Hood Canal, and used political muscle to build the Cushman Project without fish ladders in violation of state law. The largest salmon runs in Hood Canal were virtually wiped out. Wildlife habitat was destroyed, and the biggest estuary and delta in Hood Canal were heavily impacted. The diversion dried up the North Fork and reduced the ability of the main-stem Skokomish to flush sediment; the channel filled in; overbank flooding increased. For nearly 70 years the Cushman Project has wreaked environmental, social, and economic havoc on the Tribe and the general public. No mitigation has ever been required by FERC. The Tribe estimates the damage at more than $2 billion. The City of Tacoma, meanwhile, has enjoyed electrical rates that are less than half the national average, and about 15% less than the Northwest average. In addition, the City has reaped windfall net revenues of an estimated three-quarters of a billion dollars at Tribal and general public expense. THE DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) The City's license to flood 8.8 acres of federal land expired in 1974. It applied to license the dams, powerhouses, and other facilities, and to continue to divert the entire North Fork out of its watershed for another 30-50 years. In the intervening 21 years FERC has allowed the Cushman Project to continue without requiring any measures to reduce damage to the environment, the Tribe, or to the general public. On December 15, 1995 FERC released a Draft Environmental Impact Statement on the City's application. The DEIS is fatally flawed. FERC proposes to simply "write off" nearly 70 years of unmitigated environmental, social and economic damage, and to ignore hundreds of millions of dollars in windfall excess revenue to the City. The DEIS proposes relatively small changes in future operations of the outlaw Cushman Project, and token mitigation for the enormous damage to the watershed and to the people who live there. Instead of protecting the public interest, FERC argues in the DEIS it would cost the City of Tacoma too much to operate the Cushman Project as a normal hydroelectric project, restore the North Fork to its watershed, and mitigate the damage! WE NEED YOUR HELP The City of Tacoma, regrettably, is not satisfied with the enormous wealth it has extracted from the Skokomish River watershed at Tribal and general pubic expense over the past 70 years. Tacoma admits it could not get away with building the Cushman Project today. But the City insists it cannot afford to substantially restore the North Fork to its watershed and operate the Cushman Project in a socially responsible way. FERC is acting more like the City's business agent than an agency charged with protecting the public interest. It will take enormous public pressure to persuade FERC to do the right thing. A large and growing number of county, state, tribal and federal agencies, public interest organizations, religious groups, and individuals have joined in calling for substantially restoring the North Fork to its watershed, and for mitigating the environmental damage caused by the Cushman Project. PUBLIC MEETINGS & WRITTEN COMMENTS FERC has scheduled public meetings at which FERC staff will present its major findings and recommendations in the DEIS. Interested parties will be given up to five minutes to comment for the record. Please join with the Skokomish Tribe and other friends of the Skokomish River in speaking up for the river, for the well-being of the people who live in its watershed, for socially responsible behavior by the City of Tacoma, and for FERC to protect the public from irresponsible hydroelectric development. * JANUARY 31 (WEDNESDAY), 7:00-11:00PM, HOODSPORT FIRE HALL * FEBRUARY 1 (THURSDAY), 9:30AM-12:30PM, RAMADA INN GOVERNOR HOUSE, 621 SOUTH CAPITOL WAY, OLYMPIA * FEBRUARY 1 (THURSDAY), 7:00-11:00PM, RAMADA INN GOVERNOR HOUSE, 621 SOUTH CAPITOL WAY, OLYMPIA Written comments on the DEIS must be received by February 13, 1996. Mail to: Lois D. Cashell, Secretary Federal Energy Regulatory Commission 888 First Street N.E. Washington, DC 20426 Skokomish Indian Tribe, Mason County, Washington Department of Ecology, Washington Department of Fish & Wildlife, National Marine Fisheries Service, U.S. Fish & Wildlife Service, National Park Service, Bureau of Indian Affairs, U. S. Environmental Protection Agency, Skokomish Watershed Coalition, American Rivers, Federation of Fly Fishers, Friends of the Earth, Trout Unlimited, The Mountaineers, Olympic Park Associates, Rivers Council of Washington, Washington Trout, Hood Canal Environmental Council, American Friends Service Committee, National Congress of American Indians, Affiliated Tribes of Northwest Indians, Washington Association of Churches, Church Council of Greater Seattle, Support for Native Sovereignty ALL CALL FOR SUBSTANTIALLY RESTORING THE NORTH FORK SKOKOMISH RIVER TO ITS WATERSHED. PLEASE JOIN THEM! INFORMATION: VICTOR MARTINO 206-842-5386 //////////////////////////////////////////////////////////////////////////// John Burrows, Executive Director jburrows@halcyon.com Center For World Indigenous Studies The Quarto Mundista BBS http://www.halcyon.com/FWDP/cwisinfo.html FidoNet 1:352/333 360-786-9629 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ --------- "RE: Why "Indians?" " --------- Date: Tue, 23 Jan 1996 10:07:42 -0600 From: zzshem@acc.wuacc.edu (sheldon mary) Subj: Why "Indians?" Mailing List: NATCHAT (natchat@gnosys.svle.ma.us) Of course, the reality is much different. Native Americans can NOT get employment in major cities near (even a three hour drive) reservations because of racism. I know Native Americans who can get a job at a three hour drive from a rez in meat packing (yes, you can imagine the conditions--and they live in crowded conditions after work and return to the Rez on weekends only) but not in sales, police work, prison work, etc. (even when they are qualified and apply) where they have contact with the general public OR where they have contact with their own people. So, in a state prison and federal prison we have ONE Native American worker (NOT from the Rez) and 30% + of the inmates are Native American. Think about it! WHITE AMERICA NEEDS TO GET REAL! The white Americans in these cities are quite determined that the Rez population will give employment to white social workers, white law enforcement personnel, white food distributors (for the prison) etc. and there are not changes which will disrupt the pattern of racism. [And I would add it's naive to think it's an accident that alcohol and drugs are so readily available on the Rez.] Check out Tim Giago's editorial on just this subject this week. (Now Giago is good at illustrating how the above is true, week after week. I like the paper for that.) Mary Dog Soldier --------- "RE: Haggling Over Basic Issues" --------- Date: Mon, 22 Jan 1996 08:37:03 -0600 From: "CECILIA RODRIGUEZ" Subj: Chiapas: CCRI Communique 1/20/96 - haggling over basic demands Mailing List: NATIVE-L (native-l@gnosys.svle.ma.us) "They haggled with us on fundamental issues," stated a communique Communique from the Indigenous Revolutionary Clandestine Committee-- General Command of the Zapatista Army of National Liberation San Andres Sacam Ch'en de los Pobres January 18, 1996 To the people of Mexico: To the national and international press: To the peoples and governments of the world: Brothers and sisters: This delegation of the Zapatista Army of National Liberation, present in this first part of the resolving plenary of the table on Indigenous Rights and Culture, states the following: First.- The rising up in arms of an army of indigenous was necessary. The war, the death, the suffering of our companeros, was necessary so that today the federal government commits, on paper, to push forward the recognition of our existence and our rights. It should be cause for national shame that only in the last decade of the 20th century, almost 200 years after our country was born, has the government begun to show signs of recognizing our existence and our rights. The recognition of our right to free determination, to our autonomy, to our right to freely associate, to apply, in our own spaces, indigenous laws regarding the concepts of people and territory; our right to a political representation nationally and at the states' level, and certain basis for a judicial pluralism. But at the same time the federal government has haggled with us over a series of fundamental demands. The rising up in arms of an army of indigenous people was necessary in order to make ourselves heard and so that the most basic demands of the indigenous people and of all the people of Mexico open up even slightly the spaces for being heard. Second.- One of the principal causes of the uprising of the Zapatista Army of National Liberation has been the oppression, injustice and marginalization to which we the indigenous peoples of Mexico have been submitted. We decided to take up arms because the voices of our peoples were not being heard, because our demands were not being addressed, because the law, when it was applied, was used only to persecute us and repress us and was never used to achieve justice for us. We rose up to demand a justice that did not simply achieve some certain remedies, but rather a justice that can only be achieved with a profound transformation of political, social and economic relations. A transformation that could not be limited to the indigenous people nor to Chiapas. A transformation that has to include the entire Mexican society, all of its structures, all of its forms of existing. We are absolutely convinced that without national democracy, without liberty and justice, it will not be possible that we, the indigenous people, occupy the place that belongs to us. Third.- In this resolving plenary of San Andres Sacam Ch'en we did not come alone. We came accompanied by the intense mobilization of the indigenous peoples in many forums, community assemblies, meetings at the state and national levels, discussions in universities and in the press. We came with the force of the National Indigenous Forum convened by the EZLN during the first days of this year. With the force of more than 500 delegates coming from 178 indigenous organizations, members of 32 indigenous peoples. We also came with the committed support from our advisors, honest men and women from all sectors of Mexican society, indigenous and non-indigenous, who brought here the best of themselves and of the others who could not be here, determined to add their efforts to ours. We came with this force and even with all of this they haggled with us on our demands. Fourth.- Now we are going to the consultation, to hear the word of our peoples regarding these commitments and proposals, but we say this clearly: words and commitments that are proposed as serious and firm will be useless if the harassment of our peoples and other peoples in other states persists; if throughout Chiapas the will of the people continues to be denied and the post-electoral conflicts, against all reason or justice, are prolonged; and if public forces continue to be used to remove our indigenous brothers and sisters who through their own decision and organization seek respect for the will of the majority. The signs of reducing tension must be full lighted so that they reflect that the government is determined to advance along the paths of the dialogue. The signs, with actions, must be fully lit so that they allow the realization of the consultation with our peoples. The government has now the opportunity to continue with determination to open new paths, new doors. The government has the possibility to demonstrate that war is not the road. Democracy! Liberty! Justice! Indigenous Revolutionary Clandestine Committee--General Command of the Zapatista Army of National Liberation Mexico, January 1996 --------- "RE: Native Hawaiian Kills Self" --------- Date: Thu, 18 Jan 1996 19:47:56 -1000 From: monet@aloha.net (sam monet) Subj: Native Hawaiian kills self over U.S. occupation Mailing List: NATIVE-L (native-l@gnosys.svle.ma.us) 59 year old, Native Hawaiian Kahale Smith, took his own life today, by dousing himself with gasoline, as 20 armed officers and officials of the State of Hawai`i and the Department of Hawaiian Homes Land (DHHL) attempted to forcibly evict Mr. Smith from his family home at Anahola, on the Island of Kaua`i. Moments before Smith and his home went up in flames, the police were throwing his belongings out into the street. Political activist Smith had been battling with DHHL, the State of Hawai`i and United States Federal government over native Hawaiian land title claims and human rights violations against Native Hawaiians. Based in part on revelations at United States Public Law 103-150, enacted by the United States Congress in 1993; Smith and many native Hawaiians believe that their land rights and title are outside the jurisdiction of the United States and the State of Hawai`i. At USPL 103-150, the United States admitted that it conspired with others to overthrow the government of Hawai`i in 1893, in an "illegal" act of war, in violation of treaty and U.S. Constitution. On November 20, 1995, Native Hawaiian tax protestor John Marshe was acquitted by a U.S. Federal jury in Honolulu (U.S.A. v. Marshe C#94-00749) of willful failure to file, and willful failure to pay income taxes, for several years. Marshe based his defense on a claim to "sovereignty"; ie. that he was outside U.S. jurisdiction. By his death, Kahale Smith lost his opportunity to make a similar defense and his day in court. The DHHL has recently been involved in the "loss" of well over $120,000,000 in funds and property it has administered for Native Hawaiians. These funds are still not yet accounted for. Smith contended that the continued occupation of Hawaiian lands by the United States was in violation of international law. In addition, Smith accused the U.S. government, the State and the DHHL of act of "genocide" in violation of the Geneva Convention and United Nations Charter. Native Hawaiian groups have planned protests and rallies to oust DHHL administrator Mr. Kale Watson and bring an end to "the abuse of Native Hawaiians by agents of the United States". For more specific information see: Hawaii Resource Library: http://hawaii-shopping.com./~sammonet/hrlhome.html Sam Monet P.O. Box 309 Haleiwa, Hawai`i 96712 Ph/Fax: (808) 638-8934/ 638-8018 email: monet@aloha.net ÿÿ