From gars@netcom.com Thu Aug 21 01:20:02 1997 Date: Tue, 12 Aug 1997 22:18:47 -0700 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews05.033 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' O ____ _ , ___ _ , ___ O o O / ' ) / / ) ' ) / / ' O o O / /-< / /--/ /-- VOLUME 05, ISSUE 033 O o o o o O __/_ / ) (___/ / ( (___, 16 August 1997 O o O KANOHEDA ANIYVWIYA Otapi'sin Atsinikiisinaakssin O o O Es'te Opunvk'vmucvse ni-mah-mi-kwa-zoo-min Aunchemokauhettittea O ( N A T I V E A M E R I C A N N E W S ) This issue contains articles from NAT-FILM, Big Mountain & Native-L lists; Settlers In Support of Indigenous Sovereignty; RAZA news service; North American Spirit Lodge; Newsgroups: alt.native,soc.culture.native; UUCP email 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. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@netcom.com ++ It is archived at http://www.nanews.org 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 Borries Demeler all _Wotanging_Ikche_ (part a) submissions to AISESnet are archived under AISESnet and can be accessed easily by World Wide Web: 1994: http://aises.uthscsa.edu/94_dis.html 1995: http://aises.uthscsa.edu/95_dis.html 1996: http://aises.uthscsa.edu/96_dis.html 1997: http://aises.uthscsa.edu/97_dis.html This is a searchable index to the AISESnet Discussion mailing list database archive, and the keyword "Wotanging" will retrieve all issues for that year. "......Finally the whole country, which the Cherokees and their fathers have so occupied, will be demanded, and the remnants of the Ani Yunwiya, the "Real People", once so great and formidable, will be compelled to seek refuge in some distant wilderness.....Should we not therefore run all risks and incur all consequences, rather than submit to further laceration of our country? Such treaties may be all right for men who are too old to hunt or fight. As for me I have my young warriors about me. We will have our lands. __ Tsiyu Gansini (Dragging Canoe), Cherokee +- -- -- -- -- -- -- -- -- -- -- -+ | 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! Sundance Ends at Green Grass Wednesday, August 13. Sacred Pipe is brought out Thursday at 10:00 AM South Dakota time. If you would please, stand at that moment in Honor and Prayer. Please remind others to do the same. Many of our First Nations are divided to some degree with factions supporting as many sides of issues as exists. These divisions are made even worse when fed rumor and innuendo. This is nothing especially new. Over the centuries entire nations have gone to war over issues brought to flame with rumor and interwoven tricks. Coyote does not play favorites. All foolish temperaments are fair game for him. What is especially disturbing is that all People of First Nations claim to be striving to mend the Sacred Hoop, to bring all people of all nations together as has been promised in so many prophesies. Playing coyote's game with words that add strife to already wounded nations does not lead to a mending of even one broken hoop, let alone the Great Sacred Hoop. I received a note about a confrontation that should have never occurred that I will share with you now. David Swallow, Jr. held a Sun Dance on his property at Pine Ridge. Police came to arrest him, charges unknown. They left after David stated he was ready to be arrested, and all the Sun Dancers and their supporters stated that they must also be arrested. A man stood in Honor today, a rare sight in a world full of those who would condemn, sentence and execute one another simply by accusations and innuendos. A man stood, knowing the risk involved, determined to plant his staff deeply on the battlefield for not his right to practice his traditional spiritual beliefs of Sun Dance, but for the rights of others who entrusted their very spirits to him. A man stood, ready to be taken to jail, arrested by the very system that is manipulated by those who themselves, are without honor, those who spit in the very face of all that is holy, spiritual and right without regard to individual rights, beliefs or practices. What has happened to this country? What has happened to the People of this country when they sit behind computer screens, as cowards, tossing stones at a man they have neither met, nor have the courage to stand by as he alone, defies those who come to destroy our ways, our light? What is wrong with all us who read tabloid newspapers and shady journalistic tactics designed to sell newspapers rather than look deeply at the truth? This county has lost its honor. This man was threatened with arrest, by officials egged on by barking dogs who haven't the first idea about honor, who spend their time destroying those who stand up for the rights of all of us. One man, alone, put on his cap and said for them to take him. Where were the barking dogs out there shouting their egos to the world saying how much they support Indian Rights? Why were they not standing beside him? Each man and woman is accountable tonight for their actions and their non actions and I find it very difficult to believe they can look at themselves in the mirror tomorrow morning and like what they see. For what I see are cowards, blow hards who yap consistently about how much they would do for us and yet do nothing. I saw a man stand up, and I saw his Sun Dancers walk up and stand beside him, for you, for me, and, yes - even for the barking dogs. And if they do not get the lesson in this, Gary, they are bigger fools than they show themselves to be. Honor still lives in First Nations, through a man I respect far more than my heart can speak the words. And for those who did not stand beside him, and who condemn him remember this day and your failure to pass a test given to you. You shall be accountable some day for the failing of it. I stand in Honor for David Swallow, Jr. and those Sun Dancers at Porcupine who risked everything for each of us. Let each person examine his/her own heart to find the truth of their anger and hatred towards him, and as such, towards Traditional men who will die for their beliefs, and ask themselves, "Would I do the same?" Thanks to Mike Wicks for the following reminders: In Memory (with Respect and Honor) 8.25.1975 Randy Hunter - AIM supporter killed at Kyle by "party or parties unknown". Investigation still "ongoing." Peace! Night Owl , , Gary Night Owl gars@netcom.com (*,*) P. O. Box 672168 gars@nanews.org (`-') Marietta, GA 30067, U.S.A. gars@igc.apc.org ===w=w=== gars@bellsouth.net Fax: 770-528-9643 gars@juno.com ----------- News of the people featured in this issue ---------- Part A: Usenet and e-mail Part B: NATIVE-L list - Peltier's 53rd Birthday - NativeNet Lists Halted - Support Peltier Lobby - Suriname Update - Sacred Grounds and WalMart - Zapatismo News Update - Wal-Mart in Tennessee - Humboldt State Positions - Protest Wal-Mart - Justice Sought for Christopher Daniels - Gustafsen Inquiry Inevitable - CNO Appeals Court Order - Cherokee Marshalls to Confront - 9th Circuit Court Decision/Part II - Sovereignty/Part 2 - A Hundred Years Ago - Native Prisoner - Poem: Knowing and Wishing and Hoping - Verse: Hawaiian Book of Days - Conferences and Powwows - offline --------- "RE: Peltier's 53rd Birthday" --------- Date: Mon, 11 Aug 1997 00:38:42 -0400 (EDT) From: Miketben@aol.com Subj: N.A.S.L. - LEONARD PELTIER ************************************************************************* * NORTH AMERICAN SPIRIT LODGE * FOR YOUR INFO ************************************************************************* From: FREEPLTIER@aol.com Date: Sun, 10 Aug 1997 17:18:05 -0400 (EDT) Dear friends and supporters, September 12th will be Leonard Peltier's 53rd birthday. We are asking all of his friends and supporters to remember him on this day. Having a birthday behind prison walls is never easy. Having to spend TWO DECADES of them locked away INNOCENT is intolerable. Please think about letting Leonard know that he is in your thoughts by sending birthday cards to: =+=+=+=+=+=+=+=+= Leonard Peltier #89637-132 Box 1000 Leavenworth, Kansas 66048 (USA) =+=+=+=+=+=+=+=+= --------- "RE: Support Peltier Lobby" --------- Date: Thu, 7 Aug 1997 18:10:06 -0400 (EDT) From: JMWindgate Subj: Support Peltier Lobby in Oct. UUCP email Greetings.... The following news item is being forwarded to you as part of The Windgate News List service... Best Wishes and Be Well.... Shalom, Jupiter Nicole Windgate Nicole Maschke Nicole Land Mail: P.O. Box 602696, Cleveland, Ohio 44102, USA Email: jmwindgate@aol.com ICQ Communications Network: 439028 International Pager Number: http://wwp.mirabilis.com/439028 http://members.aol.com/jmwindgate/jmwindgate.hmtl And Remember.... Life is like a book... Open much is learned... closed nothing is learned.... )Date: Sun, 27 Jul 1997 18:05:27 -0700 )From: raza@burn.ucsd.edu The Leonard Peltier Defense Committee and Leonard Peltier Freedom Campaign are organizing our FOURTH Washington, DC event to support Executive Clemency: The October Lobby Campaign. In 1994 Peltier Weekend saw several thousand supporters marching and protesting at Lafayette Park led by spiritual leaders Arvol Looking Horse, Louie Irwin, and Joe Chasing Horse. Musical performers included Kris Kristofferson. 1995's Freedom Forum saw three days worth of press coverage on C Span and in major newspapers like The Washington Post and USA Today. Events included a forum and press conference during which supporters were able to hear former US Attorney General Ramsey Clark, NCAI Vice President Ernie Stevens, Jr, Congressmen Bill Richardson and John Conyers, prayers from Archie Fire Lame Deer and Grandfather Semu Huate and the inspiring and a fiery speech of Rev. Jesse Jackson. Legendary performer Pete Seeger participated in an evening concert. In 1996 we held Freedom Forum II. Learning from our previous events, we concentrated more on lobbying. We were in DC, IN FORCE. It was time to hit the Senate and House. A forum was held. Speakers included Canadian MP Warren Allmond visiting from Canada on a government to government basis to discuss the Peltier case. Also speaking were authors Peter Matthiessen and Harvey Arden, former South African political prisoner Dennis Brutus, representatives for Mumia Abu Jamal and the MOVE organization as well as Dineh activist Louise Benally. The following day, a press conference and strategizing meeting were held. People from all over the country agreed to spread lobbying informational packets to EVERY office in the House and Senate! A tremendous amount of interest and new support was generated. This October we will once again show our elected officials that the Peltier case WILL NOT GO AWAY until it is resolved. Once again we will DEMAND JUSTICE. Please join us on October 21st and 22nd for two more days of strategizing, press conferences, and a lot of hard work. There is no fee for participating in any of our planned events. If you can join us, please contact your Senators and Congresspeople to let them know you will be in town and would like a meeting. It is most effective to speak to the person to whom your vote counts. If you cannot join that day but would like to help, CALL your representatives and offer information and encouragement that they support both executive clemency and a call for oversight hearings to investigate the Peltier case further. Remember, the sacrifice of two days is nothing to ask when you consider Leonard's sacrifice of over two decades. For more information contact the LPDC at 913-842-5774 or the LPFC at 804-823-2845 ============================================================ Raza News Service is a free mailing list/news service for/about Chicanos, Mexicanos, Puerto Ricans, Latinos and all indigenous gente south of la frontera falsa and our politics, issues and struggles. Raza News Service serves to combat the whitewash of info relevant to our people's education and liberation. Raza News Online: http://members.tripod.com/~ncmc/razalist.html Raza News Archives: http://burn.ucsd.edu/archives/raza/ Mail: c/o P.O. Box 926113, Houston, TX 77292-6113 Support the Chicano Press Association: http://burn.ucsd.edu/~cpa/ NCMC: http://members.tripod.com/~ncmc Union del Barrio: http://burn.ucsd.edu/~udb/udbindex.html --------- "RE: Sacred Grounds and WalMart" --------- Date: Mon, 4 Aug 1997 22:33:04 -0400 (EDT) Subj: N.A.S.L. - NASC : SACRED GROUNDS & WAL-MART From: NASCSwan@aol.com ************************************************************************** * NORTH AMERICAN SPIRIT LODGE * FOR YOUR INFO ************************************************************************** ~<>~<>~<>~<>~<>~<>~<>~<>~ Folks, this data has been forwarded to the NASC to share with you. Please pay close attention to this story. It is a good idea to follow web links and inform any news media that you can contact of this incident.... ~<>~//\/\/\\~<>~ NASC MAILING~<>~//\/\/\\~<>~ Subj: Re: NASC: Sacred Grounds and WalMart Date: 97-08-03 14:59:53 EDT From: Tall Eagle To: NASC Swan Dear Swan, I would like to update you on the present state of the Wal-Mart vs. Indian Graves here in TN. At this point, there is no real news. Today's paper (Sunday, Aug 3, 1997) featured an article about the Native People here in TN, and their position on the graves. In the same section, there was another article regarding the community group that is opposing the same location due to community reasons and the environmental impact that building on that site would have. The final vote in the Nashville Metro City Council will be held this coming Thursday, August 7, 1997. It will be in this meeting that the final zoning decision will be made. Right now, the land still belongs to one Adelaide Purdue. Sale of the land is conditional on the passing of new zoning to make the property commercially zoned. It is my understanding that Ms. Purdue knew of the graves on the land, and did not disclose that information to the developers. The Alliance for Native American Indian Rights (a Nashville based Indian organization) and the Native American Spiritual Alliance (a non-profit corporation formed for the protection of grave sites and sacred sites) have joined forces in a united effort to try to thwart the desecration of the graves. Presently, we are holding sweats once a week and making tobacco ties to cover the trees at the entrance of the property. Once, they have been removed, but they have since been replaced. Prayer, at this time, is our best action. One possibility is that we can tie this up in court for enough time for Wal-Mart to lose interest. There are several attorneys looking into that course of action right now. We have very little legal recourse on this matter except for one archaic cemetery law that could work against us as well as for us. It would depend on the interpretation of the law by whichever judge were to hear the case. We are, of course, preparing for the worst. If necessary, we are prepared to launch a large PEACEFUL civil disobedience against this proposal just like the successful one we had here in 1990 when the Native American Spiritual Alliance and the Alliance for Native American Indian Rights staged a 4 month camp-in/protest which ended with the then proposed landfill being abandoned. I wish I could give you better news. At this time, we are still hopeful that between the massive letter writing campaign to the Metro City Council and Wal-Mart, and our constant efforts to get public support, we may still win in the vote on Thursday night. However, if the zoning goes through, we are far from finished with this fight. We, here in Tennessee, gratefully accept any support you and your mailing list have given, and will give. Our brothers and sisters across the country are still working diligently for us, and for that we are extremely grateful. Please, all members of the NASC list, continue your writing and phoning of Wal-Mart. In response to your questions regarding the Wal-Mart potential Grave Desecration in Nashville, I'm posting the vote from the last Metro Nashville City Council. All of these people can be written to email at "nashville.org".. look for the "feedback" section. Voting Wal-Mart NO Voting Wal-Mart YES 1. Vic Varallo 1. Regina Patton 2. Ronnie Steine 2. Melvin Black 3. Chris Ferrell 3. Eric Crafton (councilman in 4. Leo Waters district of site) 5. Frank Harrison, Jr. 4. Don Majors 6. Eileen Behan 5. Earl Campbell 7. Stewart Clifton 6. Lawrence Hart 8. Morris B. Haddox 7. James Dillard 9. Michelle Arriola 8. Tim Garrett 10. Saletta Holloway 9. Mike Wooden 10. Phil Ponder ABSTAINED 11. Charles D. French 1. Geroge Armistead 12. Roy Dale 2. James Bruce Stanley 13. Jerry Wayne Graves 3. Vic Lineweaver 14. Mansfield Douglas 15. Julius Sloss ABSENT 16. Willis McCallister 1. Ron Nollner 17. Horace Johns 2. John Arron Holt 18. Janis Sontany 3. Ron Turner 19. David Kleinfelter 20. Durward Hall Total: 10 NO 21. Leroy Hollis 24 YES 22. Tom Alexander 23. Craig A. Jenkins 24. Charles Fentress TOTAL NEEDED TO PASS THE COUNCIL VOTE = 21 WE NEED TO CHANGE THE "YES" VOTE TO 20 OR BELOW TO DEFEAT THE COUNCIL VOTE ON AUGUST 7. VOICE YOUR OPPOSITION TO THE PROPOSED BUILDING OF A WAL-MART ON KNOWN INDIAN GRAVES IN TENNESSEE. Phone Wal-Mart..... 1-800-925-6278 Prepare to be patient while waiting for your call to be answered. Ask for BILL... (assistant to David Glass).... Calmly state our case. Ask "Does Wal-Mart really feel the need to desecrate Indian Graves and alienate the entire Indian Population of the US? Are they willing to lose our family's discount store dollars?" Remember, gang... Wal-Mart supports WIC... a program that supplements pregnant mothers and young children. They are NOT all bad. BUT, they seem to have little or NO regard for the graves of our ancestors. FAX WAL-MART!!!! 1-501-273-4053 If we raise enough ruckus... They gotta listen to somebody! Otherwise, a lot of your brothers and sisters in Nashville are prepared to hold hands around the graves, and wait to be arrested. Are you willing to be one of us? We are at the last stages of what we can do politically. The next step will have to be NON-VIOLENT civil disobedience. Let's hope it stops at that. We in Nashville Thank you for your continued support. Tall Eagle ~<>~//\/\/\\~<>~ NASC MAILING ~<>~//\/\/\\~<>~ Please remember that the NASC (NA STORY CIRCLE) mailing list is a free SUBSCRIPTION mailing list which is just over 750 people........... If you wish to be placed or removed from this listing simply email NASC Swan@aol.com. Thank you. ~<>~//\/\/\\~<>~ NASC MAILING ~<>~//\/\/\\~<>~ --------- "RE: Wal-Mart in Tennessee" --------- Date: Sat, 9 Aug 1997 05:49:15 -0400 (EDT) From: Miketben@aol.com Subj: Fwd: N.A.S.L. - WAL-MART IN TENNESSEE ************************************************************************** * NORTH AMERICAN SPIRIT LODGE * FOR YOUR INFO ************************************************************************** Date: 97-08-08 22:25:03 EDT From: Tall Eagle Please notify your people of this: We will be forming a rally. Saturday, August 16, 1997 at 12:00 noon, at the site of the EXISTING Walmart. The location is the Hillwood Shopping Center on Charlotte Pike in Nashville, TN. This is around a mile from the proposed new site. We wish to see many representatives of many different nations there at that rally. This is probably the formation of what will become our first civil disobedience. Please come bringing your families, friends (native and non-native alike). Make as many tobacco ties as you can. We'll fill the trees at the proposed site with prayers. Toye and his wife have offered their 20 acres for camp. There are many reasonable motels close to the area. We need you now. It's time for us to put our money where our mouth is. --------- "RE: Protest Wal-Mart" --------- Date: Sat, 9 Aug 1997 23:50:04 -0400 (EDT) From: Tall Eagle Subj: protest walmart UUCP email You may have heard the news, but here it is again if you haven't. The Metro City Council voted 27-8 to turn the property at the gravesites commercial. They think they've won. NEXT Saturday... August 16, 12 noon.... We're forming a rally at the current walmart location on Charlotte Pike. It's in the Hillwood Shopping Center!!!! Bring tobacco ties of all types and colors. We would like to get over 1,000 people there. This is far from over. Now we need media attention. Probably, we'll begin controlled civil disobedience in the very near future. Right now, however, we have lawyers watching the Chancery Court to see if the developer's lawyers attempt to begin the termination of the cemetery. Our lawyers are preparing to file an injunction against that termination. It's not over YET, and won't be until we WIN. We've won before, we'll win this time. For right now... Boycott WALMART and let them know you are! Email questions to me, or Songra R. Both AOL addresses. --------- "RE: Justice Sought for Christopher Daniels" --------- Date: Mon, 11 Aug 1997 06:32:47 GMT From: jolson@virtu.sar.usf.edu (Jessica Olson) Subj: Family of Christopher Daniels needs help getting justice for the murdered man Newsgroups: soc.culture.native,alt.native When Christopher Daniels was arrested on March 2, 1996, there had already been 20 unresolved deaths of Native Americans in the Pontotoc County Jail. The week previous, a 29 year old Seminole man was said to have tried to hung himself after "hearing voices in his head." Police were called to the house of a friend of Daniels on what they say was a "lewd molestation" call. When they arrived, they found Daniels passed out, and arrested him based on an outstanding warrant. According to the police records he was picked up at 6:00 am. Almost an hour after Daniels was placed in the drunk tank, he was found dead. The Sheriff claimed that Daniels had hung himself with his shirt. But the reality of what happened to Christopher Daniels can hardly be looked at as the case of another drunk Indian committing suicide.That alone can not explain the state his family found his body. When he was arrested, Daniels was in fine health. He had arthritis, which required him to walk with the aid of a cane, but that was all. The prisoner processing and detention form from the Sheriff's office also states that he had been in good health and had not been violent with the arresting officers. He was not considered to be self-destructive. But when his family cleaned off all the make-up that had been layered onto his body after his death, they found brutal evidence that Daniels had been at the very least, beaten severely. His mother, Linda Harris, said his entire chest and neck was covered in bruises and scratch marks. It looked as if he had struggled to tear the shirt that hung him off from his neck. Both of his elbows were dislocated, his left eye had been busted, and one of his knees had been twisted. With such severe injuries, one has to wonder how Christopher Daniels had been able to hang himself. And how had this healthy young Indian man managed to end up in such a condition. The conflicting reports that came out of the Sheriff's department after Daniels death almost speak for themselves. The police reports have him being arrested at 6:00 am 10 minutes away from the County Jail. But newspaper stories after Daniels' death quote Sheriff Jeff Glase saying that he was not placed in the drunk tank until 6:45. The Sheriff's office also reports that there was another man in the drunk tank that night, and he had slept though the hanging and been released after the body was found. That man has disappeared, and there has been no statement from him regarding what he might have saw. The week previous to Daniels' death, another Seminole man was reported as trying to hang himself. However, that man claims that it was police officers who tried to hang him, and were prevented from doing so only by the arrival of another officer who stopped them. That man, however, has also refused to speak further about what went on in the Pontotoc Jail. Now the family and friends of Christopher Daniels wants those involved in his death to be held responsible. At the moment, a trial date has been set for October, but the officers involved have only been charged with negligence. The lawyer representing the family has contacted a forensic specialist in Atlanta who believes there is a good chance of proving that Daniels was indeed murdered by his jailers. However, the family needs to raise the money in order to hire the specialist and pay for him to fly to Ada, OK, to testify at the trial. It's a sad comment on our legal system that the family of Christopher Daniels has to pay such money in order to see justice done. But that is the reality that they face, and they are now asking for any donations that might help them out. An account has be set up with the First Union Bank in St. Petersburg, Fl. Please consider donating money. Perhaps, with your help, the cycle of violence against Native Americans in the Potontoc Jail can be broken. If you would like more information about the case of Christopher Daniels, or would like to donate to the fund, you can contact the West Florida AIM Support Group at agroup@virtu.sar.usf.edu or the State Florida AIM Office at (813) 823-3534 or email them at aimfl@aol.com +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ West Florida AIM Support Group Jessica Olson http://www.sar.usf.edu/~agroup agroup@virtu.sar.usf.edu --------- "RE: Gustafsen Inquiry Inevitable" --------- Date: Thu, 7 Aug 1997 09:39:11 -0800 From: riwaasa@indiana.edu (S.I.S.I.S.) Subj: Gustafsen Inquiry Inevitable: Conspirators Scrambling :-:-:S.I.S.I.S. Settlers In Support of Indigenous Sovereignty:-:-: August 6, 1997 Bulletin CANADA MOVES TO IMPLEMENT COVER-UP -- Now is the time to demand international participation in Gustafsen Inquiry High ranking Canadian government officials and other unindicted co-conspirators involved in an illegal paramilitary operation against indigenous Shuswap traditionalists are scrambling to contain an escalating political crisis. Both federal and provincial governments are co-ordinating a damage control strategy of cover-up, containment and evasion in the face of mounting international alarm over Canada's attacks upon aboriginals during the summer of 1995. For 31 days, a small but determined group of traditionalists and their supporters held off the largest joint military/police operation in Canadian history. The site, sacred Sundance and burial grounds at Ts'peten (also known as Gustafsen Lake, near 100 Mile House British Columbia), is located on unceded, unsurrendered Shuswap traditional territory. A vast American owned cattle company attempted to evict the Sundancers, claiming ownership rights to the sacred site. However, as a settled and binding matter of both constitutional and international law, the absence of either a treaty or sale negates this claim. A call for international adjudication of this dispute was peremptorily rejected by BC's Attorney General Ujjal Dosanjh. During the month-long summer standoff, the authorities employed an FBI psy-ops specialist, fired approximately 77,000 rounds of hollow-point ammunition, blew up a camp vehicle with a land mine, and conducted a vicious campaign of racist, media demonization against natives they called "terrorists," "renegades," and "squatters". Canada's national broadcaster the CBC participated in the RCMP's "Operational Plan" by directing a "psy-ops" broadcast into the camp, which the trial revealed was designed to provoke the Sundancers into a response against which the authorities could react with deadly force. The recently concluded trial in a special "anti-terrorist" high security courtroom in Surrey BC, near Vancouver, was the longest criminal trial ever held in Canada and has been described by many observers as "a travesty of justice". Fifteen people were convicted and twelve imprisoned after bizarre and protracted proceedings which included the jailing of an internationally respected authority on native rights, Dr.Bruce Clark, the dismissal without reasons of key defence arguments in the final stages of the trial, and a four day steering session by the judge in a blatant display of jury tampering just before they were sequestered. Clark is a legal scholar and an acknowledged expert on the subject of aboriginal rights law and Canadian constitutional history who argues that the present practices of the Canadian government and courts constitute "fraud", "constitutional treason" and "genocide". "Canada is always first in line when it comes to pontificating and uttering sanctimonious platitudes about genocide in places in Bosnia, but not when it occurs at home," Clark said in a recent interview with Canadian Press. According to Dr. Clark and the indigenous traditionalists for whom he acts, independent, international intervention and adjudication is the only answer to a continuing genocidal colonization process. Despite the best attempts of the BC Supreme Court and Attorney General, clear evidence emerged in the Gustafsen trial through selected portions of more than 50 hours of police video-taped documentation and other disclosures that the highest levels of the Canadian state planned and participated in a coordinated process of criminal conspiracy to kill the occupants of the Ts'peten Sundance camp, smear the person and arguments of their counsel Dr. Clark and suppress the legal arguments put forward. BC even attempted to have Clark disbarred, but the Law Society of Upper Canada vindicated him, stating: "The genocide of which Dr. Clark speaks is real. We are sympathetic moreover to his assertion that the courts have been unwilling to hear his arguments." The arguments place a cloud on land title across the province of British Columbia and throughout much of Canada. The magnitude of the corruption and the revelations of the authorities' actions are so alarming that Gustafsen Lake has become something of an international cause celebre. Eminent human rights activists such as former US Attorney-General Ramsey Clark, the European Parliament's Green Group, and Indigenous organizations and representatives around the world have expressed outrage and demanded a comprehensive public inquiry with international supervision. Most recently, 140 Department of Indian Affairs Band Council Chiefs signed a petition demanding an inquiry into "attempted murder against the Indian people" at Gustafsen Lake. Phil Fontaine, the newly elected Grand Chief of Canada's Assembly of First Nations, has also joined the inquiry call into "all aspects" of the Gustafsen Lake operation as well as into the Ipperwash incident, in which police opened fire upon peaceful protestors protecting a burial area in Ontario in 1995, killing one of them. Members of BC's Native Youth Movement have promised "general mayhem" at the jailing of "someone who was defending their rights." The harshest sentence was reserved for a 66 year old Shuswap elder called Wolverine, imprisoned since the standoff ended. The organic farmer and old age pensioner was charged with attempted murder for attempting to shoot out the tires of a fourteen ton armoured personnel carrier which was attempting to run him down. He was sentenced to 8 years for the lesser charge of "mischief endangering life". As the clamour for an internationally supervised inquiry grows, the perpetrators are already attempting to set the parameters to contain and domesticate any inquiry which takes place. The August 2 Vancouver Sun editorial supported the "stern sentencing", but conceded that "citizens should have their questions answered fully and publicly without a long, expensive public inquiry." They support instead using a complaints procedure recently developed by the BC government. According to the Sun, "Attorney General Ujjal Dosanjh wrote to Solicitor General Andy Scott two weeks ago, proposing specific amendments to the RCMP Act that would make the force subject to BC's complaint procedures." This follows recommendations by BC Supreme Court Justice Wally Oppal that "a single independent commission to handle complaints about every police force. Unfortunately the RCMP hasn't signed on." The RCMP is a federal force and is presently accountable "to a complaint process that's based in Ottawa," a process that according to Justice Oppal "makes no sense". Oppal has a vested interest in keeping any investigation of Gustafsen Lake inside BC; he is himself one of the unindicted BC judiciary who stonewalled the jurisdictional arguments of Dr. Clark in a related case in 1994. Oppal says it is "crucial" that the force be "accountable to the same police complaint commissioner who will oversee municipal police forces and answer to the BC legislature." This is a frightening thought given that the members of that corrupt colonialist body enthusiastically cheered on the 1995 invasion force into Shuswap territory. At the time, the ruling New Democratic Party government fomented and manipulated anti-Indian racism to the government's advantage in an attempt to demonstrate "firmness" and secure re-election in BC's interior "redneck" ridings. Attorney General and Human Rights Minister Dosanjh, the NDP politician in charge of the RCMP in BC, is now desperately attempting to ensure the inevitable inquiry stays safely home in BC. The existing federally based complaint mechanism "risks undermining public confidence in our justice system," he maintains. Dosanjh rejected international observers at the time of the standoff, asserting "there shall be no alien intervention in the affairs of the state". Now it seems, even Ottawa is not to be trusted to air the dirty laundry of genocide, even though the Prime Minister, the federal Defence Minister, the Solicitor General, the Governor General, the Commissioner of the RCMP, and high ranking military officials were also revealed to have been deeply complicit in the Gustafsen crisis. We say a plague on both their houses. It is patently obvious that neither the federal nor provincial governments can be trusted to deal in an impartial manner with the issue and as pointed out, are themselves criminal co-conspirators and parties to the genocide alleged. These colonialist criminals shall not investigate themselves this time. We demand an independent, impartial, international third party to ensure a thorough and fair result. <<==>>Free the Ts'peten Defenders<<=>>End Canadian Colonialism<<==>> Demand an internationally supervised independent public inquiry into -----------------Canada's actions at Gustafsen Lake----------------- Canadian Prime Minister Jean Chretien Room 309-S Centre Block, House of Commons, Ottawa, Ont. K1A OA6 Canada Phone: (613) 992-4211 Fax: (613) 941-6900 Faxing by email:remote-printer.Jean_Chretien@16139416900.iddd.tpc.int BC Premier Glen Clark Room 156 Parliament Buildings, Victoria, BC V8V 1X4 Canada Phone: (250) 380-6506 Fax: (250) 387-0087 :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 >>TEMPORARY EMAIL: uc389@freenet.victoria.bc.ca or riwaasa@indiana.edu WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html SOVERNET-L is a news-only listserv concerned with indigenous sovereigntist struggles around the world. To subscribe, send "subscribe sovernet-l" in the body of an email message to For more information on sovernet-l, contact S.I.S.I.S. --------- "RE: CNO Appeals Court Order" --------- Date: Sun, 10 Aug 1997 20:59:55 -0500 From: Cherokee Observer Subj: 8/10/97-JAT COURT ORDER Mailing List: Paths-L IN THE JUDICIAL APPEALS TRIBUNAL OF THE CHEROKEE NATION IN THE MATTER OF THE CHEROKEE NATION COURTHOUSE Case No. AD-A100 ORDER The Constitution of the Cherokee Nation has given the Court final authority to interpret Cherokee law. Article VII: "The decisions of the Judicial Appeal Tribunal shall be final insofar as the judicial process of the Cherokee Nation is concerned." By statute, the Tribal Council has implemented Article VII and has given this Court authority: "All decisions made by the Judicial Appeals Tribunal shall have the force of law, as to the construction and application thereof, in all the courts of this Nation, until such construction or application shall be limited, altered or in any manner amended, by the subsequent decision of a subsequent case by the Judicial Appeals Tribunal." 20 C.N.C.A. Section 54. The attempt to impeach these justices by the Tribal Council on May 3, 1997 was null and void, by virtue of a failure to meet the constitutional quorum requirements. (See Holder v. Byrd). Therefore, the Court, as currently constituted, is the legitimate highest court of the Cherokee Nation. Part of Legislative Act 7-95 was passed to amend 20 C.N.C.A. Section 40 so that it now begins: The office of the Judicial Appeals Tribunal shall be located in the Cherokee Nation Courthouse, which is the former Cherokee Nation Capitol Building located in Tahlequah, Oklahoma. THE JUDICIAL APPEALS TRIBUNAL SHALL EXERCISE GENERAL SUPERINTENDENCE, DIRECTION, AND CONTROL OVER THE CHEROKEE NATION COURTHOUSE (emphasis added). 51 C.N.C.A. Section 62 provides that "it shall be the duty of the marshal to attend upon the courts...and to take all necessary and lawful measures in the execution of the judgment of the courts committed to him to execute, and also to arrest and cause to be tried, all persons who may be charged with criminal offenses." On June 29, 1997, control of the Cherokee Nation Courthouse was removed from the Judicial Appeals Tribunal by force. Such action was in violation of 20 C.N.C.A. Section 40 and was completely unlawful. Since that time, the Cherokee Nation Courthouse has been under the physical control of Chief Byrd's security force. By Judicial Appeals Tribunal Order of June 23, 1997, members of Chief Byrd's security force were directed to (1)provide keys for the justices, (2)to remove the chain from the west door, (3)to refrain from hindering access to the building by authorized persons, and (4)to vacate the building. (A copy of that Order is attached hereto.) None of these actions have been accomplished. THEREFORE, IT IS ORDERED that the Cherokee Nation Marshal Service under the direction of Marshal Pat Ragsdale is directed at noon on Wednesday, August 13, 1997, to take and maintain control of the Cherokee Nation Courthouse under the authority of the Judicial Appeals Tribunal's previous order and this order. Marshal Ragsdale and those marshals under his direction are instructed to seek as they believe appropriate the help of local, county, and state authorities, under the existing cross-deputization agreement now in effect, as well as Bureau of Indian Affairs Police, in the execution of this order and provide copies of this Order to those authorities. The Marshal Service shall use their discretion in the carrying out of this Order, but are directed to take all appropriate measures to reduce the possibility of violence in so doing. Signed this 10th day of August, 1997 RALPH KEEN, CHIEF JUSTICE JUDICIAL APPEALS TRIBUNAL ------------------------------------------------------------------------ You can find a copy of the Order the above Order says is attached by checking back Observer articles (June 1997) or by clicking here: http://www.YvwiiUsdinvnohii.net/Cherokee/1997/06/o970623a.htm --------- "RE: Cherokee Marshalls to Confront" --------- Date: Mon, 11 Aug 1997 08:45:24 -0500 From: lozen Subj: Cherokee marshalls to confront Byrd's security force??? UUCP email editorial note: please note the BIA position on both sides of the fence; BIA police assisted Byrd & the private security force, now the BIA is also saying it will not stand in the way of the Cherokee marshalls to get a locksmith and re-claim the building. Question: how do you send men with guns to defend one side of an internal dispute, then tacitly encourage the other side to reclaim symbolic and real property that now is under the control of the opposite side that you backed--and still claim that you are there to "help?" I'm just curious about that. Very, very curious. LPP -------------------------------------------- FIRED MARSHALS TO RETAKE COURTHOUSE Rob Martindale Tulsa World Senior Writer 11 August 1997 The latest move in the Cherokee Nation Dispute is set for Wednesday. -- TAHLEQUAH - The impeached justices of the Cherokee Nation supreme court ordered the tribe's fired marshal service on Sunday to take possession of the tribe's historic courthouse in downtown Tahlequah on Wednesday. The justices on the Judicial Appeals Tribunal said Cherokee Nation law requires the court to, maintain control the building, which was constructed in the late 1800s. The United States' second largest Indian tribe has been in turmoil since Feb. 25, when the marshal service raided Chief Joe Byrd's headquarters seeking evidence of misuse of funds. The FBI is investigating. The tribe's supreme court supported the raid. The marshals were fired by Byrd, and the chief's slim majority on the tribal council impeached the justices. The firings and the impeachment have raised serious legal questions, but Byrd has stuck to his guns while denying any wrongdoing. A federal judge in Muskogee and another in Washington, D.C., said the constitutional conflict is a tribal matter. However, Tulsa attorney Chuck Shipley said that during arguments in Washington last week, the Bureau of Indian Affairs said it would not prevent the justices "from hiring a locksmith and recovering the building." Shipley, who has represented the justices in the dispute, said the Washington judge expressed hope that the tribe could settle the matter in a peaceful way. The tribal justices said the move to retake the courthouse was being made in connection with the federal courts and Byrd saying the conflict is a tribal matter. Philip Viles Jr. of Tulsa, one of the three impeached justices, said the Byrd administration was being given advance notice of the Wednesday takeover in an effort to minimize the possibility of violence. The three days' notice, Viles said, is unlike the Byrd administration's pre dawn raid on June 20, when the chief's new security force took over the courthouse. With the advance notice, Viles said, there will be time for any legal arguments. "We are hoping for the best. We certainly hope no one gets hurt," he said. A new security force employed by Byrd, assisted by BIA police, took control of the courthouse in June. The order to the fired marshals to retake the courthouse came only two days after the Byrd administration said Friday that the fired marshals would not be rehired despite negotiations including that option. Judge Ralph Keen of Tahlequah, a member of the embattled supreme court, states in the court order that tribal law has given the tribunal "final authority to interpret Cherokee law." Keen signed the order Sunday for the takeover. The court order states that the May 3 impeachment of the justices by the tribal council was illegal because a proper quorum was not present. The marshals were fired Feb. 25, the day of the raid on Byrd's headquarters. The BIA has taken over law enforcement responsibility in the tribe, which has a 14-county jurisdictional area and about 182,000 members. The Cherokee marshals act at the discretion of tribal courts, the court order states. The marshal service had been instructed to request the assistance of local, state and BIA law enforcement officials in the proposed takeover. The marshals, Keen wrote, "have been directed to take all appropriate measures to reduce the possibility of violence." The marshal service reportedly has surrendered tribal-owned weapons to the Byrd administration, but has retained control of police cars and equipment. Your visit is welcomed at: http://www.lozen.org "Liminality is our chronic state, and transformation is our daily enterprise." Paula Gunn Allen --------- "RE: 9th Circuit Court Decision-Part II" --------- Date: Tue, 29 Jul 1997 23:12:50 -0800 From: redorman@plix.com (Dorman, Robert ) Subj: 9th Circuit Court Decision-Part II Mailing List: Big Mountain List http://www.vcilp.org/Fed-Ct/Circuit/9th/opinions/9417022.htm 3 Section 640d-5(d) of the Settlement Act provides: In any partition of the surface rights to the joint use area, the lands shall, insofar as is practicable, be equal in acreage and quality: Provided, That if such partition results in a lesser amount of acreage, or value, or both to one tribe such differential shall be fully and finally compensable to such tribe by the other tribe. The value of the land for the 18 purposes of this subsection shall be based on not less than its value with improvements and its grazing capacity fully restored: Provided further, That, in the determination of compensation for any such differential, the Federal Government shall pay any difference between the value of the particular land involved in its existing state and the value of such land in a fully restored state which results from damage to the land which the District Court finds attributable to a failure of the Federal Government to provide protection where such protection is or was required by law or by the demands of the trust relationship. 8003 and its grazing capacity fully restored." S 640d5(d). The district court determined the land's worth with its grazing capacity fully restored and with only those improvements that, as described by the district court, were necessary to restore the grazing potential to the maximum extent feasible. Presum ably, the district court was referring to improvements such as roads, stream diversions, irrigation canals, and fences, which can help improve the land's grazing capacity. On appeal, the Hopi assert that the district court wrongly interpreted the plain language of the statute calling for the valuation of "improvements." The Hopi argue that the district court should have valued all improvements, including hospitals, schools, churches, hogans, trading posts and other struc tures. The Hopi contend that these improvements all contribute to the value of the land as an Indian reservation. At trial, the Hopi expert agreed that the land should be appraised as an Indian reservation, with potential for, interalia, agriculture, grazing, rural residential habitation and limited commercial enterprise. The Navajo's competing expert took the view that the land should be valued strictly as a cattle ranching operation and that most buildings were of no significance. [12] The legislative history does little to answer the question of whose valuation is correct, as it refers to improvements without ever giving any indication of what type of improvements Congress contemplated. See, e.g., H.R. Rep. No. 909, 93rd Cong., 2d Sess. (1974); S. Rep. No. 1177, 93rd Cong. 2d Sess. (1974). Thus, we focus on the statute itself. The Navajo's valuation appears to do violence to the statutory language, for it ignores the Congressional directive to value "improvements." The district court's view that "improvements" should be limited to those necessary to restore the land to full grazing capacity also finds no support in the statute. Indeed, the statute's conjunctive structure suggests that an independent value should be assessed for "improvements" and for the land fully restored. Moreover, 8004 Congress did not qualify the word "improvements; " the stat ute contains no express limitation on the type of improvements that can comprise the value of the partitioned land, or the purpose that the improvements must serve before they can be included in value. [13] Nevertheless, we cannot add the full value of the buildings on the NPL to the value of the Navajo land, since most of the structures on the NPL are privately owned and are not part of the real property that was given to the Navajo Nation at partition. For example, the residences, primarily hogans or smaller structures, are owned and were paid for by individual Navajo. The same is true of the barns, sheds and corrals on the NPL. Moreover, even if these structures were not privately owned, they likely would have no appreciable value for owelty purposes, as the Hopi expert testified that the Hopi routinely demolish such structures once the Navajo have abandoned them. The buildings on the NPL that have the most significant intrinsic value include schools and hospitals that belong to the United States and which, like the private residences, cannot be added directly to the value of the NPL because they were not partitioned to the Navajo. The same logic applies to churches and missions on the NPL, which are owned and managed by their respective religious organizations, and to structures erected on the NPL by third party entrepreneurs, such as the Peabody coal mining operation. [14] The Hopi therefore alternatively contend that the dis trict court should not value the improvements themselves, but rather the land's enhanced value because those improvements are on it. We believe this is the only interpretation of the stat ute that gives meaning to all of its terms and the one that best accords with Congressional intent. The district court concluded that "there is no competent evidence that the NPL had more improvements than the HPL which were necessary to restore the partitioned lands" because it had first (erroneously) 8005 interpreted what "improvements" means. Consequently, the district court made no findings of fact regarding the contributing value of such things as schools, churches, and hospitals, to the value of the JUA. Nor did the court evaluate the methodology underlying the competing expert opinions about such contributing value. For this reason, we remand to the district court so that, guided by the correct interpretation of "improvements," it may consider and evaluate the conflicting expert opinions, and decide what owelty payment, if any, is due the Hopi based on the contributing value of all improvements. C. Grazing capacity Finally, we turn to the Navajo's Rule 59(e) motion, essentially a request for owelty, which the district court denied. The Navajo argue that because the district court accepted the opinion of an expert who opined that the HPL fully restored would support more grazing than the NPL fully restored, the district court was obligated to award the Navajo owelty relief. The district court, however, correctly noted in accepting that opin ion that the same expert also testified to a 10 to 15 percent margin of error in his restored grazing capacity figures. Any difference between the HPL and the NPL was within that margin of error, and hence not statistically relevant. The dis trict court did not err in denying the Rule 59(e) motion. D. Judicial Estoppel The doctrine of judicial estoppel bars a party from taking inconsistent positions in the same litigation. Morris v. State of Cal., 966 F.2d 448, 452 (9th Cir. 1991), cert. denied, 506 U.S. 831 (1992). The Navajo argue that the Hopi should be judicially estopped from seeking owelty because, prior to parti tion, the Hopi represented to the district court that the partition would not result in an owelty payment. We agree with the district court that this argument should be rejected because no court ever adopted the original Hopi position that 8006 the partition would not result in an owelty payment. See Migard Tempering, Inc. v. Selas Corp., 902 F.2d 703 (9th Cir. 1990) (court must adopt position for judicial estoppel to apply). E. Prejudgment interest Our decision here is controlled by Hopi Tribe, 46 F.3d 908. There, we held that S 640d17(e) of the Settlement Act, which allows the Hopi and the Navajo to sue one another for all remedies available in federal district court, allows for recovery of prejudgment interest. Although that decision was reached in the context of a suit for fair rental value of post partition use of the HPL by the Navajo, its logic applies with equal force in this context. Thus, we hold that the Hopi are entitled to pre judgment interest. F. Conclusion We therefore reverse the district court's denial of owelty and remand so that the Hopi may seek compensation for any disparity in value and prejudgment interest thereon. In all other respects, we affirm the district court's valuation of owelty. IV. THE DAMAGES CASE, Appeals Nos. 9417032, 9515029 A. Background In the action giving rise to these appeals, the Hopi sued the Navajo and the United States to recover for damages to the HPL caused by Navajo overgrazing prior to the 1979 parti tion. The district court held that while the conduct creating liability occurred before the 1979 partition, the Hopi's compensation would be measured by the value of the lost grazing opportunity that the Hopi suffered after partition. In other words, the Hopi could recover the postpartition difference in 8007 value between the land "as is" and the land fully restored. None of the parties contest this ruling on appeal. [15] After trial, the district court awarded the Hopi $3,167,388.84 in damages against the Navajo, and absolved the United States of liability on the ground that the government made reasonable efforts to protect the range. Both the Hopi and the Navajo challenge the district court's calculations. Their contentions lack merit, except for the Hopi com plaint that the district court wrongly denied damages for lost grazing opportunity on lands that the Hopi set aside for wild life. Accordingly, we remand so the district court can add the value of that lost opportunity to the damages award. Further, the Navajo argue that the United States should be held liable for its failure to adequately protect the range. We agree with the district court's application of a reasonableness standard and affirm the district court's denial of liability on the basis of factual findings that are not challenged as clearly erroneous. B. Calculation of damages We turn first to the contentions concerning the district court's calculation of damages. The court computed the lost grazing opportunity using the following method. First, it estimated the fully restored annual grazing capacity of the HPL, finding that the HPL could be restored to excellent condition, but maintained as grazing land at only 75% of that condition. The Hopi challenge this finding on appeal. Second, the court determined that the HPL would be fully restored by 1995. Third, it estimated the total lost grazing capacity by calculating the difference between the fully restored grazing capacity and the actual annual grazing capacity for each year between 1979 and 1995, and then adding up the lost opportunity for each of these years. Fourth, it put a price on the lost grazing opportunity by referring, as in the use case, to adjusted private Arizona lease rates instead of federal lease rates. Finally, the 8008 court discounted the future damages to their present value. These three steps are not challenged. When estimating the total lost grazing capacity, the court made several adjustments that the Hopi challenge here. It decreased its estimate of the lost grazing opportunity by making "management cuts" to account for the Hopi practice of grazing cattle instead of sheep. Sheep typically graze all avail able forage. Cattle, by contrast, do not spontaneously graze hard-to-reach forage, prefer certain kinds of terrain over others, and tend to congregate within one-and-a-half miles of water sources. Because cattle use less acreage, reasoned the district court when making the cuts, the Hopi lost less grazing opportunity than they would have if they grazed sheep. In addition, the court excluded the lost opportunity associated with seven range units that the Hopi reserved for wildlife rather than livestock; we refer to these exclusions as the "vacant range cuts." The district court also made an adjustment that the Navajo challenge on appeal: it increased its estimate of lost grazing to account for the eventual completion of water development programs on the HPL. Completion of these projects increases the acreage accessible to cattle, thereby increasing the Hopi's lost opportunity. [16] We address the Hopi challenges first. The Hopi argue that the district court clearly erred in setting potential grazing capacity at 75%, rather than 100%, of excellent condition. However, several experts, including the Hopi's own, testified that the range could not be grazed at 100% of excellent condition. The court's finding was not clearly erroneous. The Hopi also challenge the district court's management and vacant range cuts, arguing that the value of the lost grazing opportunity should be premised on the Hopi's right or opportunity to use the land, rather than how the Hopi actually used the land. They contend that the management cuts were 8009 inappropriate because they could have fully utilized the HPL's grazing capacity by raising sheep instead of cattle. Further, they contend that the vacant range cuts were inappropriate because they could have used their seven vacant range units for grazing, but chose to leave that land fallow in order to accelerate the restoration process. The Navajo and the government respond that damages should be limited to real opportunity costs, which are tied to the Hopi's actual use of the land. [17] The Restatement (Second) of TortsS 929, concerning Harm to Land from Past Invasions, provides the most relevant authority. It states that "[i]f one is entitled to judgment for harm to land resulting from past invasion . . ., the damages include compensation for . . . the loss of use of the land . . . ." Comment d to S 929 explains that "the plaintiff is entitled to recover for the past or prospective loss of use . . . as stated in S 931." (emphasis added). Comment b toS 931 provides: The owner of the subject matter is entitled to recover as damages for the loss of the value of the use, at least the rental value of the . . . land during the period of deprivation. This is true even though the owner in fact has suffered no harm through the deprivation, as when he was not using the subject matter at the time . . . . The use to which . . . the land is commonly put . . . [is] to be taken into consider ation as far as [it] bear[s] upon the value of the use to the owner or the rental value. Restatement (Second) of Torts S 931 cmt. b (emphasis added). Thus, under the Restatement the value of the lost grazing opportunity turns on the type of use to which the land was "commonly put." The record reveals that the Hopi have "commonly put" the HPL to use for grazing cattle, rather than sheep. The district court made the management cuts to exclude forage that was inaccessible to cattle. This was in 8010 accordance with the Restatement principle. We affirm the dis trict court's management cuts. [18] Our result differs with respect to the vacant range cuts. Unlike the acreage excluded by the management cuts, the land excluded under the vacant range cuts was accessible to cattle. Thus, the question is whether the Hopi should be awarded lost opportunity damages for land that could have been put to its common use, but which the Hopi chose not to use in the customary manner. We hold that the Hopi should be awarded damages for lost grazing opportunity on the vacant ranges. As the Restatement explains, an owner can suffer deprivation even if the owner "was not using the subject matter at the time." Id. We therefore reverse the district court's vacant range exclusion and remand for inclusion of the lost grazing opportunity on the vacant range units in the Hopi's damages award. The Navajo argue that the upward adjustment for the future completion of water development programs constituted clear error because such programs will have no impact on Hopi grazing. They contend that the programs are saddled with inadequate funding and resistance from the Hopi themselves, preventing their development. However, the Navajo's own expert testified that these programs had made substantial progress, and the Hopi's expert recommended the upward adjustment. The court did not clearly err in following that recommendation. [19] The Navajo also argue that the damages award was excessive. The Navajo and the Hopi both agree that the dam ages award, coupled with the postpartition rent, should equal the fully restored value of the HPL. In other words, they agree that the value of the HPL fully restored is equal to lost grazing opportunity (damages) plus available grazing opportunity (rent). The Navajo point out, however, that the payment they made in the rent case, Hopi Tribe, 46 F.3d 908, plus the dam ages award here, adds up to more than the worth of the fully 8011 restored HPL. From this the Navajo conclude that the dam ages award is excessive. The Navajo's argument is without merit. The rent award included considerations unrelated to actual grazing, such as financial penalties for trespassing live stock. These penalties and other factors unrelated to grazing, rather than an excessive damages award, are what cause the appearance of over-compensation. The district court did not clearly err in finding that the damages award was not excessive. Finally, the Navajo challenge the testimony of expert John Workman, contending, as they did in the use case, that he is not qualified. See supra II.C. We reject their contention for the same reasons articulated in part II.C. Id. C. Federal Government Liability Finally, we address the question of the United States' liability. We must decide whether the United States should bear any fiscal responsibility for the tragedy of these commons. The district court held that if the United States negligently failed to protect the JUA, the United States, together with the Navajo, would be jointly and severally liable for damages to the land. The district court concluded that the government was not negligent, stating that the Hopis failed to sustain their burden to show "that the damage to the HPL was caused by unreasonable government action or inaction." The Hopi appealed that judgment, arguing that the district court erred by using negligence, rather than strict liability, as the standard for government liability. After oral argument in these appeals, the United States settled with the Hopi for $2,400,000, and the Hopi moved to abandon the portion of their appeal contesting the decision in favor of the govern ment. We granted that motion, but allowed the Navajo to rely on the arguments in the Hopi briefs with regard to joint liability. Additionally, the Navajo contend that the United States should be exclusively liable. 8012 [20] We agree with the district court that the government's behavior should be evaluated using reasonableness as the yardstick. The district court assessed government liability in accordance with the only available provision addressing dam ages to the land, S 640d5(d).4 That section provides that the government will be liable for damages to the land if the government fails "to provide protection where such protection is or was required by law or by the demands of the trust relationship." Protections required by law are coterminous with those required by the trust relationship. See United States v. Mitchell, 463 U.S. 206, 224, 103 S.Ct. 2972 (1983) (statutory and regulatory provisions define contours of federal government's trust obligations when it assumes responsibility as a trustee for Indian lands); accord 25 C.F.R. 153.3 (1976) (regulations are promulgated to "carry out the Secretary's trust responsibility" over the JUA). Since the government's liability is predicated on trust obligations, it need take those protective measures that a reasonable or prudent trustee would take. Navajo Tribe v. United States, 9th Cir. 336, 400 (1986); Restatement, (Second) Trusts, S 176. [21] The district court may well have erred in describing the appropriate standard as a negligence, or reasonable person standard, rather than a fiduciary, or reasonable trustee standard, but the Hopi have not argued that the district court measured the government's fault by the wrong standard. Rather, the Hopi ask that the government be held strictly liable, with out regard to fault. We therefore hold that the district court did nor err in determining the government's liability using the reasonableness standard rather than a standard of strict liability. The Hopi do not challenge the findings as clearly erroneous. _________________________________________________________________ 4 Section 640d5(d) is an owelty provision. However, it also discusses the government's liability for the difference in value between the land "as is" at the time of partition and the land fully restored. That is, 640d5(d) covers damages as well as owelty. The parties on appeal do not dispute the district court's reliance on this section. 8013 CONCLUSION We affirm the entire judgment of the district court in the use case. In the owelty case, we remand so that the district court may determine the amount of owelty, if any, due the Hopi based on the value of the land and the contributing value of improvements, and affirm in all other respects. In the dam ages case, we reverse the district court's decision not to credit the Hopi for lost opportunity on the seven vacant range units set aside for wildlife, but otherwise affirm the judgment. AFFIRMED in part, REVERSED and REMANDED in part. Each party shall bear its own costs on appeal. ________________________________________________________________ FLETCHER, Circuit Judge: Partial Concurrence and Partial Dissent I concur substantially in the majority's opinion. I respectfully dissent, however, from the majority's refusal to reverse the district court's holding that the United States is not liable for failure to protect the HPL from overgrazing prior to partition in 1979. The majority concludes as do I that the district court applied the wrong standard in assessing the government's liability. The district court held the government to a negligence standard, holding the Hopi responsible for proof that "the damage to the HPL was caused by unreasonable government action or inaction," rather than to the duty of a reasonable trustee, who is under an affirmative duty "to the beneficiary to use reasonable care and skill to preserve the trust property." (Restatement (Second), Trusts,S 176(1959)) (emphasis added). The government's obligation as trustee required it to take those protective measures that would have prevented the spo- 8014 liation of the trust land by over-grazing - the very conduct by the Navajo that proper oversight by the government should have prevented. The government as trustee had affirmative duties of oversight - an obligation to investigate and to be informed and to act affirmatively to assure the protection of the grazing land, a fragile ecosystem, from overgrazing. The government's obligation, in short, was to prevent the Navajo from doing the very acts that imposed liability on the Navajo. My disagreement stems from the majority's conclusion that despite the district court's error, its holding should stand because the Hopi have not challenged on appeal the district court's finding that the government acted reasonably.1 But that finding of reasonableness was in the context of the inappropriate negligence standard what is reasonable conduct for a non-fiduciary is not necessarily reasonable conduct for a trustee since the trustee has an affirmative duty to protect and preserve the trust res. That is the very point the Hopi make: they assert that the government breached its fiduciary duty to protect the HPL from overgrazing. They offer the proof of the breach in the condition of the land, a condition directly traceable to the overgrazing. "Reasonableness" as a standard is only meaningful when defined in context; a "reasonable" trustee must clearly do more than a "reasonable" person would to prevent the destruction of trust property. I would therefore remand to the district court so that it could determine the government's liability by properly apply ing the reasonableness standard to which a trustee is held. Since the Hopi did not challenge the factual findings below as _________________________________________________________________ 1 After oral argument in these appeals, the United States settled with the Hopi for $2,400,000, and the Hopi moved to abandon this portion of their appeal. We granted that motion, but allowed the Navajo to rely on the Hopi's arguments with regard to joint liability. 8015 clearly erroneous, whether the government fulfilled its obligations as trustee should be determined in light of those findings. I do not ignore the fact that the relationship of the United States to the Navajo and the Hopi is unique. It owes trust duties to each; if it failed in its duties, its failures were to both (failure to protect the trust property to the detriment of the land and to both the Hopi and the Navajo; failure to oversee and impose proper controls on the grazing practices of the Navajo). Upon remand, I would require the district court to deter mine and assess the government's liability and fiscal obliga tions and determine the effect, if any, on the amount owed to the Hopi by the Navajo. Accordingly, I dissent. 8016 the end ************************************************** Bob Dorman redorman@plix.com "The Activist Page" http://www.plix.com/~users/redorman/ --------- "RE: Sovereignty/Part 2" --------- Date: Fri, 1 Aug 1997 14:29:35 -0400 (EDT) From: GrayDeer@aol.com Subj: Sovereignty: Does Today's Tribal Government Truly Represent Traditional Native Nations? UUCP email [Editorial Note: Sincere thanks to Kanatiyosh for sharing this paper on tribal sovereignty. Due to it's length it will be presented in 4 parts. This is part 2 of 4. Saving all parts is recommended.] Se:kon I thought you might like to read this paper I wrote for law school. Barbara Gray Kanatiyosh +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Part 2 of 4 Sovereignty: Does Today's Tribal Government Truly Represent Traditional Native Nations? by Kanatiyosh Prepared for Professor Rebecca Tsosie. Arizona State University Law School. Independent Study. Spring 1997. Kanatiyosh is a Mohawk 3rd year law student from Akwesasne, NY and Canada. ++++ 2. Kagama Line of Cases The early cases such as Kagama and Lone Wolf; and, then later Oliphant, are examples of court decisions that infringed upon the inherent tribal sovereignty of the native peoples. In Kagama, the Court "suggested that congressional power over Indians may be implied from necessity" and held that the "exercise of congressional power was justified by the dependent status of the tribes as wards of the federal government." Interestingly, the Court seems to totally disregard the tribes inherent sovereignty by stating that "these Indians are within the geographical limits of the United States. The soil and the people within these limits are under the political control of the government of the United States." Here, the Court uses the "domestic dependent" and "ward" language of Cherokee Nation as a sword against the native peoples; in order to legitimize congresses' right to enact the Major Crimes Act, which infringes upon the tribes inherent sovereignty of criminal jurisdiction over its own members. However, the Court seems to completely overlook the fact that Marshall in Worcester, stated "that a weaker power does not surrender its independence--its right to self-government, by associating with a stronger, and taking protection." Furthermore, it could be argued that the "ward" and "domestic dependent" language of Worcester was used for a politically covert reason, in that the future success of the Supreme court was involved. President Andrew Jackson had campaigned for office on a pledge to move the tribes westward. But a Supreme Court ruling that the Cherokees were a foreign state would have prevented the government from moving the tribes. President Jackson made it clear that he intended to ignore the Court if it ruled in favor of the Cherokees. Marshall realized that a presidents refusal to enforce a Supreme Court decree would seriously harm the future of the Court. He was unwilling to sacrifice the Cherokees by leaving them in the mercy of the states. So he chose a third and politically ingenious alternative. By ruling that the Cherokees could not sue as a foreign nation, Marshall avoided a direct confrontation between the Supreme Court and President Jackson. Although Marshall said he was unwilling to sacrifice the Indians to the States, his politically covert remedy shrouded in the "ward" and "domestic dependent" language unwittingly sacrificed the Indians. His choice of words did sacrifice the Indian's, for it allowed the Courts in cases like Kagama, Lone Wolf, and Oliphant to interpret the "ward" language very broadly in a manner that was harmful to the native peoples. In Oliphant, the Court interpreted the language to imply that congress had the right to exercise criminal jurisdiction over non-Indians in Indian country; and, that Indians did not have the right to the exercise of criminal jurisdiction over non-Indians in Indian country because it is inconsistent with the domestic dependent status of the tribes. The Court, in Oliphant, denies inherent sovereignty and turns tribal sovereignty inside out, for it suggests that retained sovereignty is limited unless expressly given by congress. Therefore, since Congress has not spoken to Indians having criminal jurisdiction over non-Indians, it is implied that they do not inherently possess the sovereignty to do so. The Kagama line of cases conflict with Marshall's vision in that these cases deny inherent tribal sovereignty because they deem the Indians as having submitted "to the overriding sovereignty of the United States." These cases legitimize limiting inherent sovereignty by insisting that the Indians submitted to the United States; and, therefore, congress has unilateral and absolute power over the affairs of native peoples. Both lines of cases when read together offers a view of the judicial framework of tribal sovereignty as it is applied in today's courts. It appears that Marshall's paternal language has been highly responsible for the court's determination that congressional power is seemingly absolute and can be applied unilaterally. However, if Marshall wasn't forced to finesse his reasoning in Worcester, because he feared what would happen to the future of the Supreme Court if a President did not uphold an opinion, tribal sovereignty as we know it today might be stronger and native peoples may have suffered less. Interestingly, although the Worcester and Kagama line of cases are disparate, they agree on one very important issue, and that is that state laws have no force in Indian country, for they are the inherent enemy of the tribes. However, there is an oft overlooked but important and crucial element missing from the judicial framework set-up by the Worcester and Kagama line of cases. The crucial element that is missing are the voices of the native peoples,' and how they would define sovereignty. What a novel idea this would be to have the native peoples' perspective known and acknowledged, instead of allowing the colonizer to impose and mandate how tribal sovereignty is and will be defined. 3. Native Peoples Perspective of Sovereignty How do native peoples define their sovereignty? The native peoples' concept of sovereignty is not only tied to the land, it is imbued with religion and held together with the fact that sovereignty belongs not only to the present, but, it belongs to the future generations. Not only are native peoples concerned with the effect of their decisions made today on the future generations, they are concerned with maintaining a harmony with all that surrounds them from the tiniest pebble, to the birds, to the trees, and to other human beings. This concept of sovereignty is very different from the concept offered by non-native peoples. The native peoples' perspective is a holistic approach, for native peoples "made little distinction between the political and the religious worlds. ... All political actions were undertaken with spiritual guidance and oriented toward spiritual as well as political fulfillment." Native peoples are sovereign, for they have their own complex forms of governments, laws, religions, and languages that pre-date the arrival of the Europeans and continue to this day. Through treaties, as a nation to a nation, they offered mutual respect, but these acts of friendship were often misconstrued by greedy non-native peoples as acts that they claim diminished native peoples sovereignty. The question of how native peoples define their sovereignty is not asked, nor is it added into the equation when the United States imposes upon native peoples a definition that threatens their very existence today. The conflicting statutes, and judicial dealings by the United States with native peoples has led to a factionalism within the native peoples' community, for they have lost their cohesiveness. Many native peoples within a community have lost or forgotten their traditional ways and; therefore, they have been forced to assimilate by adopting elements of the United States' culture and government. This leads to question whether today's tribal government, based on laws and statutes imposed upon native peoples, truly represents the Traditional people who have continued to practice their way of life since time immemorial? III. TRIBAL GOVERNMENT Traditional forms of government continue to exist today despite numerous devastating dealings with the United States. However, many of these traditional governments have been ignored by both the states and the federal government who have refused to acknowledge them as legitimate inherent sovereign forms of traditional government. In their stead, the states and the federal government have imposed upon the native peoples, through state coercion and federal statute, tribal forms of government. These tribal forms of government, although some may share characteristics of past traditional governments, are at best white constructs. 1. State Imposition A. State Coercion "The Elective System" In the United States' framework of Indian law, a main premise since Worcester v. Georgia, is that state laws have no force and no right to interfere within Native Nations. Then how, absent federal approval, could the state of New York legislate laws to impose a foreign system, a white construct, of tribal "elective government" within the territory of the Haudenosaunee? In Patterson v. Seneca Nation, even the Court admits that they don't understand how "the state court undertook to define, for the courts of the state, the relation between the state and the Seneca Indians, or to determine that the statutes of the state applied to the tribal Indians." While the State court appears to question the legitimacy of the state to impose its laws on the Haudenosaunee, the Court does not question the imposition of the State to impose a foreign government on the traditionalists. As the United States was entering into treaties, treaties of peace and recognition of their sovereignty and the territorial boundaries of the Haudenosaunee, the state of New York led a full assault against the native peoples. New York's policy was to dispose and remove all Indians from their land by "simply denying that the Confederacy had any validity as a Nation." New York's arrogance in its dealings with Indian peoples was so complete that the state sometimes acted in willful defiance of even the somewhat weakened laws of the U.S. government. In fact, several land transfers from Native peoples to New York were undertaken as a policy in defiance of a 1790 Federal Non-Intercourse Act. However, in Oneida v. Oneida Indian Nation, the Court held that the treaty the State entered into with the Oneida, a part of the Haudenosaunee, was invalid because the United States had not given authority to the State to treat with the native peoples according to the Trade and Intercourse Act of 1790. Although Oneida was decided in 1985, the Court still fails to address the issue of the legitimacy of the state imposition of a foreign tribal government on the People of the Longhouse. Nowhere better in the history of Indian law, do the words of the Court in Kagama ring truer; that "the people of the states where they [Indians] are found are often their deadliest enemies." The reason the State wanted to legislate an "elective system", a tribal government, upon the Haudenosaunee was to gain lands from the newly formed councils, cause factionalism amongst the people, and to further assimilate the native peoples. The State consolidated earlier legislation from 1802, and in 1892 passed legislation "which created an elective system under State law. The elective system was modeled after the somewhat arbitrary system of trustees established by the State nearly a century earlier." 1. The Trustees Interestingly, in 1802, the State appointed William Gray, Louis Cook, and Loran Tarbell who where not even Mohawks as trustees for Akwesasne. Gray was a white man who acted as an interpreter and was granted by New York State a large tract of Mohawk land. Colonel Cook was half black and half Abenaki; he spied and fought for the Americans in the army of the United Colonies. Tarbell was a white man who was a descendent of two white brothers who had been captured by the Caughnawauga Mohawks in a raid. These three state appointed trustees illegally ceded numerous acres of land, for their names appear on numerous treaties from the Akwesasne Mohawks to the State of New York, and they have become controversial figures in Akwesasne history. Land ceding goes against a fundamental principle of traditional law, for the Haudenosaunee are not allowed to sell the land because it belongs not to them but to the future generations to come.6 The effects of the trustees were devastating. The state imposed trustees and an elective system of government further divided the community of the Haudenosaunee. The tribal government and its supporters divided the community even further. 2. The St. Regis Mohawk Tribal Council In 1892, the State of New York imposed a mandatory alien form of government on the people at Akwesasne. This form of government required the community to vote into office "chiefs", which followed the procedure set out by the "Trustees". The electing of so called "chiefs" to office is completely in opposition to the Haudenosaunee's traditional way of electing Life-Chiefs; and furthermore, disregards the inherent sovereignty of the traditional people to govern themselves through their own form of government. The Haudenosaunee have always opposed the legitimacy of the tribal government, but were dealt a hard blow in 1892 when the United States "legislated that they would no longer continue to recognize the traditional styles of government." In 1899, the police were sent to Akwesasne to arrest all of the traditional Life-Chiefs. Jake Fire, a Mohawk, was killed as he attempted to rescue his brothers and other Life- Chiefs from the chaos and violence that erupted. The traditional people were forced to practice their religion, their way of life underground, for they feared the Mohawks who had adopted the white ways and supported the newly formed tribal government. They also feared the State and federal government who wanted them eradicated as a Nation. The Haudenosaunee went underground during this period of turmoil, but they continued their traditions. They continued to do the ceremonies and conduct the daily affairs of the people whether they were recognized by the United States or not. Today they continue to govern themselves in spite of all of the opposition they face. B. Seneca Nation Of Indians Tribal Council After having discussed in detail New York State's imposition of a foreign government upon the traditional peoples, the Haudenosaunee, this section will examine in-depth a still functioning tribal council located within the Iroquois Confederacy. In Catteragus New York, there is a tribal council known as the Seneca Nation of Indians Tribal Council. The Tribal Council of the Seneca has an elaborate elective system of government complete with a court system known as the Peacemaker Courts. The Seneca community has faced extreme hardship that caused the Seneca peoples to become fractionalized. The Seneca peoples were inundated by the state, the Quakers and other Christian dominations, which eventually changed the religious beliefs of the Seneca. By 1820, there were only approximately half of the traditional practitioners remaining. With the unity of the community broken, lands were ceded and "the adoption of white practices and traditions" were favored by the Christian faction of Senecas. This factionalism led to the tribal council. In 1848, non-traditional Senecas met and abolished the "traditional system of chiefs and created the Seneca Republic, adopting a written constitution that mandated an annually elected council of eighteen members and an executive branch consisting of a president, a clerk, and a treasurer." The adopted constitution was vastly different then the Haudenosaunee traditional form of government, for it mandated a separation between church and state, and it allowed only the male members the right to vote in the elections. As a result, Seneca women within the Seneca Indian Tribal Council were not allowed to vote until 1964. This was a vast difference from the important role of women in traditional Haudenosaunee government. The Seneca's adopted a written Civil Code in 1854, and they amended their Constitution, in 1855, to reduce the number of tribal councilors from eighteen to twelve. In 1882, the Seneca changed their suffrage rules from allowing all men the vote to allowing only Seneca males residing on the reservation the right to vote. This added to the friction on the reservation, but the Seneca had another issue to handle and that was the State of New York. New York state wanted to exert control over the reservations: In 1845, three years before the Seneca adopted their own constitution, the New York state legislature had illegally but successfully insisted on changes in the Senecas' government, calling for an elected clerk, a treasure, and the creation of `peacemaker courts,' whose function was to hear disputes involving amounts under fifty dollars. The legislature also called for the election of a chief council president from among the chiefs and provided for the allotment of tribal lands to tribal individuals. This same imposition by the State of New York to control the Seneca's form of government was also felt by the other territories of the Iroquois Confederacy. It appears that New York State had two goals in imposing these tribal governments and changing the property ownership from tribal to individual; and, that was to steal lands and to hasten assimilation of the native peoples. 1. The Law In Seneca Country In Patterson the question was whether the Seneca Nation, through the Peacemaker's Court system, was free to determine their membership or did the Seneca's cede their right to decide by the adoption of the December 4, 1848 Constitution. Robert Patterson was denied enrollment by the Seneca Nation because his mother was white and not Seneca. Although Patterson was half Seneca, the Seneca Nation stated, based on the fact that the Seneca are a matrilineal society, that it was "a custom among the Senecas that only a person born of a Mother who was duly enrolled as a Seneca Indian may himself be enrolled." Patterson argued that when the Seneca adopted the 1848 Constitution they "petitioned the state of New York to provide them with laws"; therefore, they ceded their customary laws to the laws of New York state. However, the Court did not agree with Patterson's argument. The Court reasoned that although the Constitution imposes the State's law on marriage and divorces, that absent a clear express intent to deprive the Seneca of their customary laws, the Seneca Nation retain their sovereignty The Court held that the adoption of the Constitution supplemented with state laws did not interfere with the internal sovereignty of the Senecas to determine for themselves through the Tribal Council and the Peacemaker's Court who is a member of the Seneca Nation. --------- "RE: A Hundred Years Ago" --------- Date: Fri, 8 Aug 1997 21:24:28 -0700 From: Landis Subj: A Hundred Years Ago - Week 15 Mailing List: NAT-FILM [Editorial Note: These reprints are being included in this newsletter so that you might know the mind of those who ran institutions like Carlisle.] ==================================== THE INDIAN HELPER ------------------------------------ PRINTED EVERY FRIDAY --AT THE-- Indian Industrial School, Carlisle, Pa., BY INDIAN BOYS. ---> THE INDIAN HELPER is PRINTED by Indian boys, but EDITED by The man-on-the band-stand who is NOT an Indian. --------------------------------------------- P R I C E: --10 C E N T S A Y E A R ============================================= Entered in the P.O. at Carlisle as second class mail matter. ============================================= Address INDIAN HELPER, Carlisle, Pa. Miss M. Burgess, Manager. ============================================= Do not hesitate to take the HELPER from the Post Office for if you have not paid for it some one else has. It is paid for in advance. ============================================== VOL. XII. FRIDAY, August 13, 1897 NUMBER 44 =============================================== COMMON SENSE. ________ Of ALL the gifts this side of heaven That ever were to mortals given, The best to have, the worst to miss, The truest, sweetest source of bliss, The one rail left on Eden's fence, Stands the pure charm of common sense. ============================= IRON TAIL ------- Funny name, isn't it? And he is a queerly dressed man who bears the name. He has not a queer looking face, however. Far from it. He has a good face. There are lines which mark strength of character, dignity and power. He has a thoughtful brow, a well-rounded head, a keen eye, a clear-cut mouth with lips compressed, indicating firmness and resolution, and a nose showing decision and bigness of heart. He is withal "a noble red man," with a carriage that commands respect. All these traits he possesses on the surface, yet Iron Tail is weak and helpless in many ways. How so? Well, he has no education. He cannot speak the English language. He has to rely upon an interpreter in talking to white people. He has had no experience that would fit him for life in the world outside of his little reservation, (one of many which might properly be called the grave-yards of a dying race.) In the hands of sharpers Iron Tail could be easily swindled. "Poor fellow! I pity him!" said a great, manly Sioux boy -- a NEW Indian, and one of our students, as he stood one side looking at the OLD Indian. "What do you mean?" asked the writer, not believing that one Indian could be speaking thus sincerely about another of his own tribe, in the same sense that the educated white man would speak of his ignorant red brother. "Is he sick or suffering, that you pity him?" "Oh, no, but just look at him! What a perfect picture of ignorance and superstition!" And the writer did look at him. The chief's hair was long. On the crown of his head was a braided scalp-lock, six or eight inches in length. In it stuck an Eagle Feather, straight up. Long ago it was a mark of bravery for an Indian to wear a scalp-lock -- a little handle, as it were, which dared his enemy. "Take a lift of my hair if you dare," the scalp-lock would say. But those days are over, and the lock now is very much out of place. There is no bravery now in the wearing of such a handle. There is no enemy to defy, and all such Indians would look better if they would cut off their scalp-locks or comb them out. Iron Tail was dressed in all sorts of toggery, from beaded necklace to blanket, leggings, and moccasins. He had a beaver skin across one shoulder. "That's the first Indian I ever saw dressed in looking-glasses," said a small boy from one of the western reservations. And, sure enough, across his left shoulder he wore a narrow sash containing twenty or thirty small, round, brass-rimmed looking-glasses, which glittered in the sunlight. Why did he come to Carlisle in such array? In the first place, he was in wild dress because he was paid to dress that way. He had come over from Harrisburg, where the Wild West was exhibiting, last Thursday. He had come to see his son Philip Irontail. Philip was not at home. He was out on a New Jersey farm, gaining manhood and experience that will fit him for useful, civilized life. Iron Tail would in a minute adopt the civilized dress in its entirety if it paid him better to do so, than it does to wear the clothes in which he now adorns himself. He is not too old to learn. He could learn to speak English, read and write some and be- ------------------------------------------------ (continued on last page) ------------------------------------------------ By the Evening "Sentinel" we learn that John Leslie, '96, of Tacoma, Washington, has become a Klondike enthusiast. Henry Redkettle, '97, directs that his HELPER be sent to Merriman, Nebraska, but does not say what business he has engaged. Did you get an expiration notice this week? Only 5 two-cent stamps, your name and address, and the word "Renewal" enclosed in an envelope! We will understand the rest. It only takes a minute to enclose a dime with your name and address in an envelope for renewal or for a new subscription, and it means a great deal toward the prosperity of our little weekly letter. "The Red Man" is always brim full of encouragement for the Indian. He is as good if not better than his neighbor, is the doctrine Carlisle's excellent paper continually preaches. --[Progress, Regina, Assa. "The Wotanin Kin" of the Indian Industrial School, Genoa, Nebraska, has changed its name to "The Indian News." That's better. Now we know what we are reading, and the HELPER wishes it continued success and prosperity. Harold Parker has received a letter from Anadarko, Okl., dated since the reported shooting of his father. No mention was made of any such affray, and it is safe to say there is no truth in the story. The newspaper man who would start such a story as that for the sake of the few pennies he gets for the item and its contradiction, should be dealt with severely. Such falsehoods disgrace "newspaperdom." Professor and Mrs. Lindsay of Dickinson College, Carlisle, are in Scotland, and from letters written to friends at the Indian school we judge they are having a splendid time. They are travelling by wheel, and Mrs. Lindsay says are burning into regular "Brownies." The roads are as smooth as marble, and they coast six miles at a stretch. There is only one thing that seems to distress Mrs. Lindsay and this is, she fears the kilt skirt and bare knees of the Highlanders will not become the Professor, and he may have to adopt the style, if they tramp much longer, which occupation is very hard upon clothes. On Tuesday, a bee ventured forth from its nest and disclosed to an army of Indian boys that there was honey in store in the corner of the oil-house roof. The boys, feverish with excitement and in for what they thought was going to be fun, armed themselves with twigs, coats, slats, hats and all sorts of things ready for an attack. The bees, with nature's bayonets, made the boys hop around lively, and wounded nearly every one in the regiment of raiders, but killed not one boy. We wonder if the boys have thought how it would seem to them, if after working all summer to stow away good things for winter, a company of giants came along, armed with trees, flagpoles, railroad ties, barn roofs, wagon-tongues and the like, and killed every boy, so as to get the good things they had laid up. It is well to think of such things even if it is fun to rob a bees nest, and fun for others to watch the robbers. We are pleased to learn through a letter from Cheyenne Agency, Oklahoma, that Kish Hawkins, '89, is esteemed as one of the thrifty business men of that section. He married a Carlisle girl - Katie Zalliwagger; has built himself a neat little home, in which he and wife, and little son and daughter live happily. He has the name of always being industrious, and the author of the information predicts a bright future for him if he continues to do as well as he has done since he left Carlisle. Joseph Adams writes from his home at Siletz, Oregon, that he is getting quite well again, and is helping his father farm. John Brown has also quite recovered from the operation he had performed while here, and is to come back to graduate. Joe attended the Chemawa commencement, and saw many of his old friends. He expects to go on a camping tour about fifty miles into the wilds of Oregon, soon. A newsy letter from Miss Paull, who is at the Mt. Pleasant, Indian School, Michigan, says that Miss Rose Bourassa recently paid her an enjoyable visit, and that she was there at the same time that Samuel Gruett, '97, called. They sat together on the balcony and reminisced over Carlisle times. It was a miniature Carlisle re-union, and they all wished it could have lasted longer, but in the evening they went to church and had to separate. There are more mosquitoes this year than we have ever known at Carilsle. The Man-on-the-bandstand does not mind the bite, but when a lone wanderer insists upon sitting upon the lobe of his ear and affectionately singing a high-keyed melody just about the time he is dreamily dozing off for a night's sleep, the gymnastics performed with forearm and handkerchief will compare very favorably with the antics of a boy in a bee fight. If, like the writer of the following from Germantown, after taking the HELPER for a year you like it, we hope you will follow her example, and renew. She says: "I knew scarcely nothing about the Carilsle Indian School until I made the acquaintance of Miss Leila Cornelius, who was attending the Drexel Institute, Philadelphia, the same time that I was. I subscribed for the HELPER and have found my paper interesting." ==================================================== The HELPER suffers unavoidable delay, this week. Jack Standing has resumed his post at the case until his school begins. Stewart Hazlett has begun lessons on the type writer, and is making fair progress. Miss Maud Abercrombie, of Steelton, was a guest of Miss Richenda Pratt, this week. Mr. Hendren has gone to North Carolina, on business connected with the school. Alex. Upshaw '97, left for Crow Agency on Tuesday. He expects to return in a few weeks. Abundant rain insures good pasturage for the cows, and has helped the corn and vegetables very much. Messrs Hoffer and Hays of Carlisle, played a match game of croquet, last Friday afternoon on our grounds. Iron Tail, of whom something is said on first page, is a brother of our lamented Herbert Littlehawk, and looks like him. Leander Gansworth, foreman, and Simon Standingdeer, typo of our printing-office, are rusticating in the South Mountain. A dime carries very well in an envelope, if wrapped in a piece of paper or stuck to the paper with a little mucilage. Miss McCook, with her wheel, has gone to the shore for a vacation. She will be in a cottage with her parents and brothers and sisters. The laundry is crippled just now by a breakage in the steam mangle, perhaps to show us how to get along without it, as we used to do. The new cooking ranges at the school kitchen and hospital are the first class and suit the cooks, making their work much pleasanter. The meals that are being served these latter vacation days at the teachers' club by Mrs. Taylor of Harrisburg are said to be "away up" and in style. The floor of the old kitchen recently added to the dining hall, is being repaired. All the floor is being coated with a composition, to make the work of scrubbing easier. Professor Bakeless has returned with a whole bookful of reports about the good doings and the misdoings of our boys on farms. The same will be kept on file in the office for future use, and will serve as a guide to the management. Professor is now off for a well earned vacation-- his annual leave. Mr. Fred Martin of Harrisburg made the chapel piano talk in eloquent strains one evening this week. Misses Richenda Pratt and Irene Daniel are the only pianists left beside some of the pupils. The young circle frequently gathers in Assembly Hall, from whence emanate vibrating chords that touch the heart of the lonely listeners on the balconies around. Mr. and Mrs. Standing and family returned from the shore on Monday evening, receiving a warm reception by friends on the grounds. No one, however, was more delighted to see them than was little Fancy who showed her extreme pleasure by enthusiastically bounding from one to the other as fast as she could leap and trying her best to talk. Mrs. Standing brought back some very interesting photographs taken by herself. Frank Mt. Pleasant is Miss Ely's morning orderly, and is also a faithful little clerk when needed. James Flannery is again at his post of duty in the tailor shop after a short leave, which he spent in the mountains, and from which he appears greatly benefited. Through a letter to Mr. Norman from Frank Mott, of Winnebago, Nebraska, we learn that he has a Government position at the agency. He has been quite successful and happy ever since he went home from Carlisle. Master Edward Biddle, of West High Street, is making inquiry as to prices of printing presses. He evidently is contemplating enlarging his establishment, and the Man-on-the-bandstand wishes him every success. Mrs. Esther M. Dagenett of the Chilocco school came down from Omaha with, and has been visiting Mrs. Lillibridge for the past ten days. --[Wotanin Kin. Mrs. Daganett was Esther Miller when here, and graduated in '89, while Mrs. Lillibridge was Annie Thomas. Nothing the small boys enjoy more than to be allowed to go with some responsible person to the creek for a swim. On Saturday, quite a party went with Alex. Upshaw and Thomas Marshall, and had a royal good time. The creek is about a mile from the school, while the good swimming hole is at least three miles. Mr. Norman's little daughter Hattie was 10 years old on Wednesday, and celebrated the event by a little party at her home on South Bedford Street. Mamie Monchamp and Josie Morrel were among those invited and say they had a delightful time. Only the ice-cream, cake and watermelons were the sufferers of the occasion. Our visitors, Messrs. Bradford and Parsons of Washington, are fast making friends among the Indian boys and others of our household. They seem to enjoy the quiet, the trees, the birds and the grass of our campus. Mr. Bradford speaks in high terms of the military training which the boys of Washington receive in their high schools. While it is not calculated to make soldiers of the boys it improves their carriage and general deportment. Crash! Bang! A noise as though a great meteor from Mars had struck the roof, startled the occupants of the printing-office last Saturday afternoon when all was still. A piece of iron, probably 10x14 inches from the rim of the smoke stack nearly a hundred feet in air, had broken from its place. It is thought by some that lightning struck the stack in one of the recent severe storms and caused the breakage, but we believe that theory is disclaimed by engineer Weber. Randolph Hill came in from his farm home this week, without permission, and did not discover until he got here that he had made a very great mistake. He saw it soon after he arrived, however, and promised to go back if his employer would take him back. A message from the farm father said he would, if Randolph would live up to the rules. He has gone back a wiser boy, and to make a man of himself. The mistake cost him over five dollars in car fare. One of two others have done the same thing, and have found that such work does not pay. ========================================================= (continued from first page) --------------------------------------------------------- come a useful citizen if he were properly encouraged. Then whose fault is it that he is as we see him today? Buffalo Bill pays him 20, 30 or possibly 50 dollars a month for several summer months, and all expenses, to remain Indian, to wear the scalp-lock, blanket, and all the glittering toggery in which it is possible for an Indian to bedeck himself. He pays him to dance the wildest, most blood-thirsty savage dance known. He pays him and sixty others to rob stage coaches and to race on horseback around the track shouting the war-whoop, shooting and yelling till the peoples' hair stands on end. Such savagery, the Indian schools of the country are trying to kill in the Indian, giving instead, cultivation, and the manly arts. What a pity that the good Government which spends millions annually to educate the Indian in books and in civilized pursuits, should at the same time permit showmen to parade the fathers of the children through the country, for the purpose of exhibiting the Indian in the savagery of olden times, which would naturally die out, if schools and churches and all helps to true citizenship had full sway. ================================ QUESTIONS AND ANSWERS IN REGARD TO INDIAN TRIBES OF THE UNITED STATES. -------------------------------- Having been asked to give information about various Indian tribes of the United States we will cheerfully do so from time to time in the form of questions and answers, and will get our answers from official reports as well as from other sources. The tribe specially inquired after this week by an interested Bostonian, is the Pawnee. Where is the Pawnee reservation? In Oklahoma Territory about 75 miles south of Arkansas City, Kansas. How many Pawnees are there? Only 702, according to the last census. Have they not decreased in numbers? Yes, very rapidly. In 1875 when they moved south from Nebraska, (the writer being a part of the caravan which crossed the plains of Nebraska, Kansas, into the wilds of the then Indian Territory by wagon) the tribe numbered over 2,000. How is such a large falling off accounted for? It is believed to be on account of change from a healthful climate to one full of malaria, and also to their entire ignorance of sanitary laws. Most of them must have died during the first years there? True; they did. The first and second summer and fall they died by the score weekly, and the nights were made hideous by the doleful wailings of mourning parties who carried the dead to the bluffs for burial. Are the Pawnees a poor people? Not exactly, now, although they have suffered a great deal from want of proper food and clothing. Last year, however the cash annuity they received amounted to $51,047, making over $70 for each man woman and child in the tribe; so that families consisting of father, mother and four and five children received four or five hundred dollars. They need not suffer for food and clothing as long as that amount is paid them annually, but the chances are that they do not make good use of their money. They gamble it away or use it up before it comes into their hands, consequently always seem poor. Is such cash annuity of real benefit to the Indian? No. Scarcely an Indian agent in the service but will maintain that cash annuity leads to idleness, gambling, pauperism and vice of every description, and that it saps the ambition and vitality from the tribe. Do the Pawnees live in houses or tepees? Many of them live in houses. They are building new houses all the time, "and the day is near" says one who is with them, "when the tepee among them will be a curiosity." Have the Pawnees a boarding school? Yes, with an average attendance last year of 124 students. Of what age are the pupils? The average is about 9 years, according to Supt. Goodman's report. He also makes the statement that every Pawnee child of school age and suitable health attended school last year, either at home or some training school. What sort of games do the children enjoy? Those who have been to school and associated with out-side children have many of the same games that other children play, but the little camp girl who has never been to school, has her little dollies made of rags, which she straps on a little board, similar to the one her mother carried her on. They play with the puppies, make mud figures, play with beans and imitate their mammas the same as white children try to do. How do the little boys amuse themselves? They whip the top, play shinny, throw spear-like sticks gracefully through the air at long distances, and shoot a great deal with bow and arrow. ============================= Enigma. I am made of 9 letters. Gold may be carried in my 2, 1, 7. Most Indian boys like a nice 9, 6, 4 on the neck. My 8, 3, 5, 9 means a weight. My whole is an occurrence among the small boys on Tuesday, the interesting "point" of which some saw very clearly before they were through with the transaction. --------------------------- ANSWER TO LAST WEEK'S ENIGMA: Vacation Days. ======================================================== ======================================================== -From the collection of the Cumberland County Historical Society. submitted by Barb Landis _____________________________________________________________________________ "c" copyright original sender/author,and published Nat-Film as per header(s).| To: | Body: subscribe NAT-FILM full name | N-A Film & Ent. Service Lists:To: | Language Listservs: To:Listserv@Maelstrom.stjohns.edu, Body:info nat-script. | UNAT-DIR secured disclosure Aboriginal member group.UNAT-DIR-req| --------- "RE: Native Prisoner" --------- Date: Thu, 14 Aug 97 08:00 -0500 From: Janet Smith (evestar@juno.com) Subj: Contacting those in the Ironhouse UUCP email This week begins the first of a series for Native Brothers and Sisters long neglected -- those in the prisons -- which far too many of our People have seen at one time or another in our lives. If there is ever a time our People need our support it is when they are locked in the dominant society's iron houses, where they are entombed in concrete and steel, denied any connection with our Mother the Earth, and often any semblance of the spiritual or cultural support of their families, community and ancestors. One of their greatest needs is to know that someone out here shares their beliefs and cares about them -- that they are not alone in the world. Some may need basic spiritual herbs like sage, sweetgrass, cedar and tobacco to practice their ceremonies. I begin this series by thanking Michael "River" Fox, who brought this first group of prisoners, some of whom are on death row, to my attention. It is no surprise that the first prisoner he mentions is Leonard Peltier, since River has worked tirelessly for many months now to raise support for Leonard. He cautions that should readers choose to correspond with prisoners you understand that some of them are where they are because they have not been nice people. Be wary especially of granting requests to send money. Most, however, are glad just for friendship and spiritual support. He also cautions that before sending spiritual or ceremonial items, you find out the rules of the prison. Often these items are ordinarily considered contraband, and for a prisoner to have them, they must be sent via the prison chaplain. Write the prison first to obtain their guidelines. Finally, before I give some names, I end by quoting River's letter to me. If you know a brother or sister in the "Iron House," add them to the list. These are very lone, depressing places. May you always walk with the Creator in a good way. Send all correspondence for "Native Prisoner" to evestar@juno.com - Leonard Peltier #89637-132, Box 1000, Leavenworth, KS 66048 - Henry Lee Hunt #0197656, 1300 Western Blvd, Raleigh, NC 27606 - Prince Mahdi Lemuel Holmes, #88698, Turngy Center Anex, Route One Only, TN 37140-9709 - Pogey L. Schmidt #29239 - S-D-139, 609 E. Pence Rd., Western Missouri Corr. Center, Camern, MO 64429 - Jay Hollek, E.O. #5319-A-Z-205, P.O. Box 1050, Salinas Valley State Prison, Soledad, CA, 93960-1050 - Harold D. Hicks, E.F. 368485-01-83, Calhoun Corr. Inst/P.O. Box 249, Morgan, GA 31766 --------- "RE: Poem: Knowing and Wishing and Hoping" --------- Date: Tue, 27 Aug 1996 19:53:50 -0400 From: "David B. Bowden" Subj: Knowing and Wishing and Hoping UUCP email I cry out for a spiritual path that will allow me to go to the creator in a honest way with myself. Knowing the world to be a connected place with all things sacred. Knowing the Earth is my mother on a mind level and feeling such with my sprit. Knowing that it is part of me to love everyone. Knowing the things that are valuable are not materialistic but spiritual. Knowing that the way is not through religions that place value on that which is taking but that which is sharing. Knowing that true religion comes from within. Knowing that all things of the creator are spirit Wishing to live in a community that honors one another in this way Wishing that my politics and that of others did not get in the way. Hoping to find such people Hoping that they will trust me. Hoping that I will trust them. David Bowden --------- "RE: Verse: Hawaiian Book of Days" --------- Date: Sat, 9 Aug 97 04:32:00 GMT From: dfsanders@genie.com Subj: Hawaiian Book of Days UUCP email A HAWAIIAN BOOK OF DAYS, week of August 24-30 AUKAKE (August) (Mahoe-mua) 24 My dreams are shaped in the ever-changing clouds. 25 Love is a golden bird singing in a green valley. 26 For the patient spirit, life holds many rewards. 27 Listen always for the answers to questions you have never asked. 28 The flower is nature's work of art. 29 Life is a continuous cycle of learning. 30 Curiosity is the seed of knowledge. (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, 14 Aug 97 08:00 -0500 From: Janet Smith (evestar@juno.com) Subj: Upcoming conferences and powwows not previously posted to Mailing List NATIVE-L UUCP email Date: Sun, 10 Aug 1997 18:07:22 -0400 From: John.Omeara@lakeheadu.ca (John O'Meara) Subj: 29th Algonquian Conference Newsgroup: soc.culture.native 29th ALGONQUIAN CONFERENCE THUNDER BAY, ONTARIO OCTOBER 24-26, 1997 SECOND CALL FOR PAPERS The 29th Algonquian Conference will take place from October 24-26 1997 in Thunder Bay, Ontario, Canada. The conference is being organized by Lakehead University, Thunder Bay. The organizers welcome topics from all disciplines relating to the Algonquian peoples (Ojibwe, Cree, Micmac, Delaware, Blackfoot, Shawnee, Fox, and others). The Conference traditionally deals with art, archaeology, ethnology, history, linguistics, music, literature, religion, and other areas. Contributors are encouraged to make their findings comprehensible to scholars in other disciplines. Papers may be delivered in English or French. Each paper will be allocated 20 minutes for presentation and 10 minutes for discussion. The organizers are planning several plenary sessions. Please indicate if you would be interested in presenting a paper which is suitable for a plenary session. Registration fees before October 1, 1997 are $40 Canadian ($35 US) for non-students, $25 ($20 US) for students; after October 1 they are $45 ($40 US) for non-students, $30 ($25 US) for students. Please make cheques / money orders payable to LAKEHEAD UNIVERSITY. Contributors should send titles and an abstract of no more than 100 words by September 1, 1997 to: John O'Meara Faculty of Education Lakehead University THUNDER BAY, ON P7B 5E1 CANADA For further information, please contact John O'Meara at the above address; telephone 807-343-8054; fax 807-346-7746; or e-mail John.Omeara@lakeheadu.ca ************************************ REGISTRATION FORM Name: _____________________________________________________ Address: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Telephone: ________________ Fax: ________________ E-mail: ____________________ Title of Presentation: ______________________________________________________________ ______________________________________________________________ Abstract: ________Enclosed ________To Follow Please indicate any equipment required. Please let us know in advance what your requirements are. _________________________________________________________ Cheque /Money Order For Registration Fee Enclosed: Before October 1: ________Non-student ($40 CDN/$35 US) ________Student ($25 CDN/$20 US) After October 1: ________Non-student ($45 CDN/$40 US) ________Student ($30 CDN/$25 US) TRAVEL AND ACCOMMODATION INFORMATION 29TH ALGONQUIAN CONFERENCE Getting here. Thunder Bay is approximately 350 miles (560 kilometres) north of Minneapolis and a similar distance east of Winnipeg, Manitoba. Thunder Bay is served by air with direct daily flights via Toronto and Winnipeg (Air Canada and Canadian Airlines) and via Minneapolis (Northwest). Participants planning to travel by car or bus please contact John O'Meara directly for more information (807-343-8054; e-mail John.Omeara@lakeheadu.ca). Accommodation. The designated hotel for the Algonquian Conference is the Prince Arthur Hotel, overlooking Lake Superior. A block of rooms has been reserved for the Conference, and all sessions will be held at the Prince Arthur Hotel. Important!! When making reservations, please be certain to mention that you are attending the Algonquian Conference. The more people make reservations at the Prince Arthur for the Algonquian Conference, the less we pay for meeting rooms. Prince Arthur Hotel 17 North Cumberland Street Thunder Bay, ON P7K 4K8 Canada 1-800-267-2675 807-345-5411 Fax 807-345-8565 Rates: single or double room $59 (taxes not included) Transportation from the airport. The Prince Arthur Hotel offers a free shuttle bus to and from the Thunder Bay Airport. When you make your hotel reservation give them your flight information and the shuttle bus will meet you at the Airport. Alternatively you may phone the Hotel upon arrival using the courtesy phone in the Airport lobby. A taxi from the Airport to the Prince Arthur Hotel costs approximately $15.00 ($10.00 US). Conference registration. Registration will take place on Thursday, October 23 from 6-9 pm in the Prince Arthur Hotel. The registration desk will also be open on Friday and Saturday. **************************************** John O'Meara Native Language Instructors' Program, Faculty of Education Lakehead University Thunder Bay, ON P7B 5E1 Canada E-mail: john.omeara@Lakeheadu.ca Phone: 807-343-8054 FAX: 807-346-7746 (WWW: personal) http://www.lakeheadu.ca/~jomeara (WWW: Native Languages) http://www.lakeheadu.ca/~nlpwww (WWW: 1997 Algonquian Conference) http://www.lakeheadu.ca/~AlgConf97 ============================================= Date: Wed, 06 Aug 1997 16:25:12 -0700 From: Don Ross Subj: VA Pow Wow Newsgroup: alt.native 2nd Annual Gathering of The People Located in Nelson Co. Va. at the Rockfish Fire Dept. Sept.5th, 6th, and 7th All Drums Welcome, Day money paid to participating Dancers. Vender space available. for more info call: Michael Raven Horse or Carrie Spotted Eagle at (804)384-7895 or fax (804)384-9363 ============================================= Date: 5 Aug 1997 10:14:21 -0400 From: NativeEvents@caraveo.com Subj: Native Events Newsgroup: alt.native These NEW event listings have been forwarded to you by the Native Events Calendar Visit us at http://www.caraveo.com/native/ Note: The state codes may not be correct for Mexico and Canada listings ---------------------------------------------------------------- An Evening of Yaqui Wisdom 8/14/1997 State: CA Country: USA Type: Other During this special evening with Tezlkaci Gnitime-a Cachora you will be introduced to the sacred world of the Yaqui. You will learn from ancient oral traditions and discover spiritual tools you can use every day to live in greater harmony and balance. Come and join us as we discover the Way to the Infinite and the "good spirit" in plants & nature during this rare opportunity to learn from a true Doctor del Campo and Yaqui "man of knowledge." For more information please contact Our Mystic Isle at (619) 465-3100 or Aguila at (619) 596-9810. --------------------------------------------------------------- 6th Annual NAAD Pow-Wow, Topsham Fairgrounds, Topsham, Maine. 9/6/1997 State: ME Country: USA Type: Powwow NAAD has moved from Cumberland To Topsham, Maine! This years host drums: Red Willow, Good Thunder, Moose Spirit Invited Drums: Four Winds, Red Eagle Storyteller: Jackie Crow Flute: Hawk Native Food: Mohawk Soup Kitchen, MicMac Kitchen, Cricket Lodge PLUS a special concert Sunday at 11AM featuring the "SHAW BROTHERS", whose works include "I'd Like to Teach the World To Sing In Perfect Harmony" and "New Hampshire Naturally". Information Contact: F. Scottie Wilcox at 207-339-9520. Sorry no Traders space left for this years event! ---------------------------------------------------------------- Castle Bridge Players 11/9/1997 State: NY Country: USA Type: Other This is a marionette presentation, where a grandmother finds 2 children lost in a snowy nite, and shelters them with a blanket of tales, taken from var