From gars@netcom.com Wed Oct 8 00:37:03 1997 Date: Tue, 7 Oct 1997 20:26:37 -0700 (PDT) From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews05.041 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' O ____ _ , ___ _ , ___ O o O / ' ) / / ) ' ) / / ' O o O / /-< / /--/ /-- VOLUME 05, ISSUE 041 O o o o o O __/_ / ) (___/ / ( (___, 11 October 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 & NativeWeb lists; Settlers In Support of Indigenous Sovereignty; KOLA; UUCP email; Newsgroups: alt.native, soc.culture.native 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 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. "When the Earth has been ravaged and the animals are dieing a tribe of people from all races, creeds and colours will put their faith in deeds, not words to make the land green again." __ Hopi Prophecy +- -- -- -- -- -- -- -- -- -- -- -+ | 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! I have been granted the honor of serving as MC at the Ft. Payne, Alabama Veterans' Powwow October 11 and 12. It has brought to mind the many we left behind. I wish to share a poem, written by Jimmy D. Shields that I ask you to consider and carry with you if you think it a good thing. VIETNAM VETERAN I was in a LAND called "VIETNAM", From HOME so far away. I thought I was serving my COUNTRY. While some men turned away. I have LIVED with PERSECUTION For doing what they say was RIGHT. I was among the "MEN of MEN", The MEN who went to FIGHT. In the wake of all I've seen, I retreat inside MYSELF, To reinforce the walls of SOLITUDE, To PROTECT GOD's given WEALTH. And in this WORLD the BLUES, Are shadowed only by the GRAYS, And the SILENCE of the NIGHT Is much LOUDER than the DAY'S. Yes, I'm a "VIETNAM VETERAN" With MEMORIES that won't go away. My SOUL still ROAMS in VIETNAM, While LIFE passes by, "DAY after DAY". JIMMY D. SHIELDS (copyright) Remember, the wars are not all waged on foreign soil. It is now winter on many of the reservations and reserves. Our precious elders and children are in great peril, and some will not awaken in the spring. PLEASE do what you can to help. Warm clothes, blankets, fuel, food are but a few of the great needs. If you can sit and read this without reaching out to help those in need, the dominant society has already won... because now, we do shoot our own wounded. I thank those who have written, asking for addresses to send food, funds to buy fuel, blankets and other help for the winter. Wado for offering help. I have the following addresses of Oglala who I _know_ will distribute your gifts fairly to all who have a need. For the Red Shirt Community: Marvin Helper P.O. Box 312 Hermosa, SD 57744 For Porcupine, Oglala and Wounded Knee: David Swallow or Gerald Ice % Gerald ice P.O. Box 199 Wounded Knee, SD 57794 Or... Joe Chasing Horse % P.O. Box 8392 Rapid City, S.D. 57709 For Truck loads & UPS Shipments: Joe Chasing Horse 714 Paha Sapa Drive Rapid City, SD 57701 Again, thank you for caring. I will try to expand on this list, and post it here in Wotanging Ikche. If any of you have addresses/contacts to add to this list for other Rez's PLEASE email me with them soon. Winter winds have already brought snow. email to gars@netcom.com Last issue included an article about the problems facing Freaman Rock. For those who want to help with the legal costs here's how: ----------------------------------------------------------------------- Date: Thu, 2 Oct 1997 15:55:55 -0500 From: Bernard & Feather Rock Subj: Freaman Rock Legal Fees A bank account has been established for donations for legal defense of Freaman Rock. Donations can be sent to: Donations for Freaman Rock Legal Fees TCF National Bank 405 No. Robert St. St. Paul, Minnesota 55101-2097 Attn: Anna Brannon Ms. Brannon can be reached at 612-291-4087 To wire direct donations: Donations for Freaman Rock Legal Fees TCF National Bank 801 Marquette Ave. Minneapolis, Minnesota 55404 ABA 291-07-001 Acct. # 285-160-4065 The following letter arrived in my email. I will let it speak for itself. --------------------------- begin forward --------------------------------- From: EILEENZO@aol.com Date: Thu, 2 Oct 1997 20:00:34 -0400 (EDT) Subj: Mascots! Dear Gary, I came across an article written by Tim Giago sometime ago called," Mascots, Spirituality, and insensitivity". It addressed the issue of sham rituals of wearing feathers, painting faces, and the so called war whoops. Last night, while watching the local news they reported about people going to the Atlanta Brave games. They went on to say that people do not have much spirit this year. Because they are not painting their faces and dressing like what they think an Indian should look like. After reading Mr. Giago's article I have a better understanding of the spirituality of the Indian people. Gary, someone needs to bring this issue back to light. People are talking so much about making national apologies for past wrongs in history. It would be good to bring this issue back at this time. It is time to remind people of Atlanta of how insensitive they are by that type of action. It would be nice to have this city (the fans of the Atlanta Braves) to set an example for the rest of the country and show their respect to a culture that is well deserving of it!!! Eileen ----------------------------- end forward --------------------------------- It looks like we may again hear the idotic tomahawk chop of Atlanta fans and "wah" cries of Cleveland fans. I always ask (and never receive a reply), "Where is the honor of one human being or Peoples serving as a mascot for another or others?" Thanks to Mike Wicks for the following reminder: In Memory (with Respect and Honor) 10.10.1973 Phillip Little Crow - AIM supporter beaten to death by Goons at Pine Ridge. No investigation. 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 ---------- - A Sad Anniversary - Osage in Peril - Free Leonard Peltier - Roberta Blackgoat Video - Sky Warriors Sought - Dillon Creek Protest - The Lubicon Protest - Protect the Great Lakes - BC Treaty Process In Crisis - Smear Campaign Continues - The Canadian Police State - Native Prisoner - Operation Rez Bust - Old Highways and Memories - Long Wolf Returns Home - A Hundred Years Ago - Words of Chief Byrd - The Circle - CNO Faces $2.4 Million Overdraft - Poem: Your People - Cherokee Judges Conflict of Interest - Verse: Hawaiian Book of Days - Ottawa Shares Blame for Abuse - Conferences and Powwows --------- "RE: A Sad Anniversary" --------- Date: Wed, 1 Oct 1997 21:30:06 -0800 From: "Mr. and Mrs. G Gruff Esq." Subj: A SAD anniversary... Newsgroups: soc.culture.native,alt.native A voice from the tip of the distant nunatak... These News-groups have lately heard the frustration of treaties all broken. "NO treaties have been honored." This situation is so well known that it elicits wry jokes amongst those "treated." At a meeting of the Alaskan Natives in Anchorage some years ago, a NASA official was telling about the upcoming trips to the planets. An elder rose, and volunteered: "If you should need any treaties on your journey, we have a BUNCH of unused ones you may take with you." 159 years ago, today (1 Oct), began the madness called the "Trail of Tears." Few realize it, but at that moment, the greatest treaty had been broken, and that one, once and for all. I speak of the Constitution of the United States. It treated with God and the people, and, when the Cherokees began their walk, it ended. It died out there, ignored, cast out of its home. Many groups had wanted to get along with the white newcomers. WHOLE NATIONS! The Iroquois, the Shawnee. Treaty after treaty, broken. Lands were sold by the Iroquois and others, and then more taken by force. Lands were given to the Shawnee, and other nations, by treat, and then sold and taken from under them, by force. The nations wanted to have their own land, and were so promised. Then, the land was always taken away. Why rehearse history? Then came the President, Andrew Jackson. Not even an AMERICAN by birth, nor naturalized, if you will. Lied about his age, and place of birth. (Why should lying sound so unusual or now startle us?) It began THEN! Jackson, a drunken survey party member at the taking of the "Can-tuc-kee" lands from the Nations. An "Indian" hater. The Constitution was NOT working "for the people." It was being side stepped all over the place. Finally, Jackson, the Irishman, ignored the rulings of the Supreme Court, and sent property owning Americans, who had attempted to live the ways of the newcomers, to the first Concentration Camp on this continent. A precedent was set. And the nation went on, professing "manifest destiny," making their God responsible for the theft and concentration camps. From thence, there has been nothing but ignoring of "for the people, by the people, and of the people." So much for "all men are created equal." Now, all live in a police state. Trail of Tears... Those tears, shed then, and before, were not just for themselves, they were a portent of a dream, lost. The Constitution was abrogated for once and for all, by the head of the nation, those 159 years ago. As the head of a snake, so follows the body. The Trail goes on... Gruff --------- "RE: Free Leonard Peltier" --------- Date: Wed, 1 Oct 1997 01:19:21 -0400 (EDT) From: SalagiWaya@aol.com Message-ID: <971001011919_588988374@emout15.mail.aol.com> Subj: Fwd: FREE LEONARD PELTIER ------- FORWARD, Original message follows ------- Date: 97-09-30 00:09:21 EDT From: SalagiWaya UUCP email PLEASE FORWARD TO ALL FRIENDS AND FAMILY, FEEL FREE TO PRINT THIS OUT AND GET PEOPLE TO SIGN IT. MAKE SURE THAT ALL NAMES GET SENT TO ME (SalagiWaya@aol.com) WITH AT LEAST A PHONE NUMBER OR EMAIL ADDRESS TO VERIFY THAT THEY ARE REAL PEOPLE. I WILL NOT BE CALLING, BUT THE YOUTH IN ACTION ORGANIZATION REQUIRES AT LEAST THAT IN ORDER TO KNOW THAT THESE ARE NOT FICTITIOUS PERSONS. IF YOU RECEIVE THIS BY EMAIL, PLEASE SEND ME YOUR GIVE NAME AND EMAIL ADDRESS. WADV AND MAY THE GREAT SPIRIT GUIDE YOU!!!! Leonard Peltier was a bystander in a cultural battle. Native American Versus Caucasians. In a battle over, none other than, a pair of boots, there was cross-fire. Authorities felt that they were correct because they were in the position of authority and, frankly, being Native American wasn't the way to be then. Leonard Peltier is a good man and a role model to the future generations of Native Americans. If he is not released then you may break his bones and you may break his heart, but you will never break his spirit. THIS, kind sirs, is what makes him a great man. Whether he was a part of that crossfire or not, he should not be forced to spend the rest of his life imprisoned. He has been there long enough to pay for his crime, if one was committed at all. Sincerely yours, for now, --------- "RE: Sky Warriors Sought" --------- Date: Mon, 6 Oct 1997 22:23:16 -0400 From: abenaki@usa.net Subj: NA in Army Air corps Mailing List: NAT-REL Having been consulted/asked about how to go about the following--keep in mind---there was NO place per se, for Native American Indians in WWII. If you were passing white or Hispanic, then that is the designation you got--- or if you looked dark--you got Black. All are aware of the Navajo code talkers, but---they are much better known now, than then. So. If you have done your genealogy, know a father grandfather, gt. grandfather to have been prove-ably NA--then send in the required info, with extra. The Tuskegee Airman--of late movie fame? Guess what--heavily Indian in their genetics. My cousin's Dad? Navy, WWII---listed "white, with "negroid features"--how that came about is beyond us---he attended Carlisle Indian School--"looked" very Indian. My other cousins--she was in the WAC, very light, wavy hair, from a known Indian community. Md her husband, from AL, they met while in boot camp. In their 70s, it is still upsetting to them when they read their clippings from then---they were referred to as negro, and put in the black regiments. Native American in the Air Corps? What do I do about my deceased Father-in-law--Flight Surgeon for 8th AF in England. He was written up in Yank Magazine, the whole bit. You got it, folks---Indians up the ying yang hanging on the family tree. Va and Pa, to NC to KY to Ohio, to Indiana. LOLOL Firehair **************************************** Subj: Sky Warriors: Native Americans in the Army Air Corp] Date: 97-10-04 00:27:54 EDT From: "Kathie Tennery" SKY WARRIORS: NATIVE AMERICANS IN THE ARMY AIR CORPS/AIR FORCE - 1940-1997 PURPOSE: To recognize Native American service in the US Air Force,timed to coincide with the 50th Anniversary of the Air Force. This is not part of the 50th Anniversary and the time period chosen includes the `foundation years' before the Air Force officially became a separate branch of service. METHOD: Copies of selected photographs and excerpts of first-person written commentary. Actual selection of photographs and written commentary will be determined by the Native American Special Observance (NASOC) Sponsor; NASOC Chair; US Air Force Academy (USAFA) chapter, American Indian Science & Engineering Society (AISES) Officer In Charge (OIC); AISES assistant OIC; AISES Faculty Adviser and AISES Cadet In Charge. The manner of display will be determined through the Dean of Faculty Training Devices and Professor Pamela Chadick, Department of Philosophy and Fine Arts (DFPFA). LOCATION: The primary location of the exhibit will be the Permanent Professors Art Gallery, Fairchild Hall, USAF Academy, CO. Proposed secondary locations presenting an `excerpt' of the display will be the 4th USAFA chapter AISES dinner and during the 5th USAFA Pow Wow. SUMMARY: Looking for photographs and first-person accounts of Native American men and women serving in the Army Air Corps/Air Force, 1940-1997. Photographs and first-person accounts of war and peace, of leaving home, training, combat operations, and returning home, will be part of a display, Sky Warriors: Native Americans in The Army Air Corps/Air Force - 1940-1997. The display will take place during Native American Heritage Month, November, 1997, at the USAF Academy, CO. All photographs will be returned. Please submit material to: Department of the Air Force Permanent Professors Art Gallery ATTN: Professor Pamela Chadick, Director HQ USAFA/DFPFA 2354 Fairchild Drive, Suite 3K27 USAF Academy, CO 80840 Questions can be addressed to Professor Chadick at telephone (719) 333-2416 or the Chair, Native American Special Observances, Mr. S.S.Hampton, Sr., telephone (719) 333-3430/3431. --------- "RE: The Lubicon Protest" --------- Date: Sat, 4 Oct 1997 10:08:46 -0700 From: "S.I.S.I.S." Subj: THE LUBICON PROTEST :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: [Please note: The following mainstream article may contain distorted or inaccurate information and may be missing important facts and/or context. It is provided for reference purposes only - S.I.S.I.S.] THE LUBICON PROTEST "The environment", Globe and Mail, Tuesday, September 30, 1997 By Michael Valpy A COURT case about to conclude in Toronto may determine what Canadians can say on such great matters as the environment, consumption of diminishing resources, and the impact of public policy and material progress on aboriginal peoples. The case involves an application brought by the giant Japanese-owned, paper-products firm, Daishowa Inc., for a permanent injunction halting the boycott campaign -- a successful crusade -- against its products by a Toronto-based group called Friends of the Lubicon. Among others things, Daishowa wants a judicial finding that the campaign is tantamount to a conspiracy to harm the company and that the Friends defamed Daishowa by stating that its logging intentions on land claimed as traditional hunting territory by the impoverished Lubicon Cree of Northern Alberta amounted to genocide. The implications of the case are fascinating. They touch on the sort of freedom citizens' groups should have to protest against industrial pollution, against commercial development in environmentally sensitive areas, against corporate objectives perceived to be destructive of aboriginal peoples' culture. They, in fact, touch on freedom of opinion and expression and freedom of association. And, given one of the central issues -- the use of the word "genocide" -- before Mr. Justice James MacPherson of the Ontario Court's General Division, they also touch on what Canadians might or might not be told about the impact on aboriginal culture of the large-scale exploitation of natural resources. Friends of the Lubicon lost the legal battle 21 months ago against the imposing of an interim injunction against their boycott campaign. An Ontario Court of Appeal majority decision stated the group acted with the intent to harm Daishowa -- rejecting the Friends' argument that they acted merely to support the Lubicon and to pressure the company to promise not to log land claimed by the Lubicon until the band's land claims are settled. Daishowa has stated that it lost nearly $2-million in profit directly attributable to the Friends' campaign, which, among other things, was aimed at persuading customers and potential customers of Daishowa products to buy from other suppliers. The appeal court arrived too effortlessly at the decision that this loss constituted a tort -- a wrongful legal injury. The fact of harm does not automatically mean an intent to harm. And when the action being subjected to legal analysis is profoundly entwined with the public value of Canadians' democratic freedoms, the courts should walk on eggs. As it stands, the appeal court ruling is a sword for any corporation to grab to skewer citizen protest campaigns. What, for example, might the decision mean for any group that wanted to support the Labrador north coast Innu and Inuit by organizing a boycott campaign in response to the environmental threats posed by the potential developers of the Voisey's Bay nickel resource? THE essence of Daishowa's argument is that the Friends' employment of what is known as secondary picketing was illegal because the group used illegal means: a plan to injure the company economically, a misrepresentation of the company's intentions vis-=E0-vis logging on Lubicon-claimed land and a defaming of the company by stating that its intentions amounted to genocide against the Lubicon. Under the terms of the interim injunction, Friends of the Lubicon are "prohibited from using 'genocide' or 'genocidal' or other terms connoting genocide in written or oral communications." I dropped into the courtroom yesterday morning to hear some of the genocide argument. Lawyer Peter Jervis, counsel for Daishowa, tried to block Friends' lawyer Karen Wristen from calling as an expert witness University of Colorado Professor Ward Churchill, a recognized international authority on genocide and its relevance to the treatment of North American indigenous peoples. Mr. Jervis argued that Prof. Churchill's evidence would be merely opinion, that genocide has no definition in case law and that a simple dictionary definition of genocide would suffice which, in any event, would be the way most Canadians understand the word (my Oxford dictionary calls it "deliberate extermination of a people"). Ms. Wristen wanted to establish that physically killing people is only one definition of genocide. Judge MacPherson said he would hear Prof. Churchill's testimony and decide afterwards whether to admit it. The professor gave a compelling dissertation on the word's origin, history and meaning in international law. The bottom line of what he said is that the definition of genocide includes causing serious psychological harm to a "race, nation or tribe" and deliberately inflicting conditions of life calculated in whole or in part to bring about a group's destruction. Judge MacPherson admitted his evidence. E-mail: mvalpy@globeandmail.ca :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL : 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: BC Treaty Process In Crisis" --------- Date: Wed, 1 Oct 1997 21:55:08 -0500 From: SISIS@envirolink.org (S.I.S.I.S.) Subj: BC Treaty Process In Crisis: Gov't sells off unceded lands :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: [Please note: The following mainstream article may contain distorted or inaccurate information and may be missing important facts and/or context. It is provided for reference purposes only - S.I.S.I.S.] TREATY OFFICIALS TRY TO RESOLVE INDIAN'S ANGER OVER LAND SALES Vancouver Sun, October 1, 1997, by Stewart Bell The BC Treaty Commission has stepped in to try to resolve a dispute between native Indian chiefs and the provincial government that has thrown a wrench into aboriginal land-claims negotiations. Chiefs from across BC are angry that the provincial government has started selling off surplus public lands, including some that have been claimed by Indian bands participating in treaty negotiations. Finance Minister Andrew Petter has instructed the government-owned company WLC Developments to put Crown lands on the market to help reduce the deficit and pay for government programs. But 32 Indian Bands filed a writ in BC Supreme Court last week to stop the land sales, saying they violate the province's duty to ensure adequate land is available for aboriginal treaty settlements. "The concern that's coming forward now is that some of the lands that are the subject of land-claims are being put on the table to sell," Chief Edward John, of the First Nations Summit, said Tuesday. "There are some discussions about trying to get some way to have this issue resolved without going to court, and that's under way right now," said John, speaking for the bands involved in the court case. In one case, the Nanaimo First Nation was contacted by WLC recently and told that two of the properties they were claiming in treaty talks were to be sold by next year, the band said. John said the land sales demonstrate the seeming lack of commitment to the treaty process on the part of the government of British Columbia and a total disregard for the interest of First Nations." WLC (Whistler Land Corporation) was established in 1983 to market and develop Crown land at the Whistler ski resort. But facing a budget shortfall, Petter revived the agency this summer and gave it a broad mandate to sell off unoccupied Crown land across the province. The BC government is required to consult with bands before selling Crown Lands within their traditional tribal territories. Peter Smith, communications manager at the ministry of aboriginal affairs, said that will not change now that WLC is marketing lands. The company is currently identifying which Crown Lands should be put up for sale, and treaties will be taken into consideration in the selection of properties, he said. The ministry is currently reviewing the impact of the lawsuit on the treaty talks. As a general policy, the province won't negotiate treaties with bands that are suing the government over land claims. Aboriginal Affairs Minister John Cashore will speak to chiefs about the issue on Friday. Chiefs from across BC are meeting in North Vancouver this week. SOVEREIGNTY IS THE ISSUE! CANADA IS THE PROBLEM! NO SALES OF STOLEN LANDS! Letters to the Vancouver Sun: sunletters@pacpress.southam.ca More information on the BC Treaty Process: http://kafka.uvic.ca/~vipirg/SISIS/Clark/BCgovt.html :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL : 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: The Canadian Police State" --------- Date: Wed, 1 Oct 1997 21:55:28 -0500 From: SISIS@envirolink.org (S.I.S.I.S.) Subj: The Canadian Police State: CSIS gets Sweeping Wiretap Powers :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: [Please note: The following mainstream article may contain distorted or inaccurate information and may be missing important facts and/or context. It is provided for reference purposes only - S.I.S.I.S.] SPY AGENCY GIVEN SWEEPING WIRETAP POWER Vancouver Sun, October 1, 1997, Page A3, by Jim Bronskill Ottawa - The federal solicitor-general revealed Tuesday that Canada's spy agency has been granted unprecedented powers over the last two years. Andy Scott admitted the Canadian Security Intelligence Service has in some cases had authority to eavesdrop on people without judicial approval - a practice blasted by a Federal Court judge this weekend as unconstitutional. Prominent criminal lawyer Clayton Ruby said he was flabbergasted CSIS had been handed the power to freely decide whom it could wiretap. "That's the hallmark of a police state," he said. "It's very serious." CSIS requires a warrant approved by the court to electronically eavesdrop on a suspected terrorist or other person considered a threat to Canada. But Scott said judges have in recent years allowed CSIS to tack a special clause on to such warrants that gives the spy agency leeway to eavesdrop on other suspects it discovers in midstream without returning to the court for permission, which presumably takes extra time and effort. "I'm advised that this particular clause has been used, and the courts have allowed it in the past," Scott said after question period in the House of Commons. "And I understand now that the court has decided that perhaps we should take another look at it." In a decision released Monday, Federal Court Justice Donna McGillis rejected a recent CSIS proposal, approved by Scott, to include the special clause in warrants to investigate a particular security threat. No details of the case were revealed in the ruling. The clause would permit CSIS to listen in on someone the service believed to be a threat to Canadian security. In effect, it delegates to a CSIS employee powers normally held only by a federal judge, McGillis wrote. "The proposed clause would vest in a service employee the discretion to apply the terms of the warrant against a person, without a judge ever scrutinizing the evidence to determine whether intrusive powers ought to be used against the individual." Nothing in the CSIS Act allows such a move, which would be unconstitutional in any event, she said, citing a 1990 Supreme Court of Canada decision. Scott said government lawyers were reviewing the Federal Court ruling, and that he hoped to study it in detail today. He acknowledged signing the CSIS proposal for expanded wiretap powers that McGillis rejected, suggesting he was told the request was nothing out of the ordinary. "The clause in question, I'm advised, has been used over the last couple of years." CSIS representative Marcia Wetherup confirmed the service had used the clause "numerous times" in investigations of foreign nationals visiting Canada. Scott was appointed solicitor-general in June, succeeding Herb Gray. Ruby criticized the ministers and judges who have approved CSIS use of the clause. "They must have all been asleep." :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: [Extensive CSIS activity including interceptions of communications, and surveillance of persons even peripherally connected with the traditionalist sovereignty struggle was revealed during the Gustafsen Lake trial. The demonization of protesters as "terrorists" allows CSIS to target activists. - S.I.S.I.S.] Canadian Security & Intelligence Service: http://www.csis-scrs.gc.ca. phone toll free: 1-800-267-7685 Security & Intelligence Review Committee (SIRC) is supposedly an independent body to review the activities of CSIS and "protect the rights and freedoms of Canadians." Ask them if they have examined CSIS role in the targeting of Indigenous activists at Gustafsen Lake, and how they missed the practices noted in the above article. SIRC www.sirc-csars.gc.ca. email: sirc@synapse.net :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL : 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: Operation Rez Bust" --------- Date: Tue, 30 Sep 1997 21:17:42 -0500 From: "S.I.S.I.S." Subj: Operation Rez Bust :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: OPERATION REZ BUST The McGill Tribune, Tuesday, Sept. 23, 1997, Editorial by Sara Jean Green Published by Students' Society of McGill University Simultaneous raids to bust up a smuggling ring were supposed to occur on the Kahnawake Mohawk reserve almost two weeks ago. But they never happened. Apparently, the RCMP and Montreal Urban Community police called off the joint operation because too many people in Kahnawake knew the raid was coming. As details of the aborted mission became public last week, a hail of criticism was launched against Quebec Public Security Minister Pierre Belanger. Liberal critic Roger Lefebvre was irate and asked, "who is the boss of public security" - the government or Joe Norton, Kahnawake band council chief? In an interview broadcast on Pulse News, Lefebvre bitterly complained that "there are two systems of justice - one for Native people and one for everybody else." Ironically, Lefebvre was reiterating what Native people have been asserting for decades. Once recent example was the trial and sentencing of OPP officer Kenneth Deane in Sarnia this summer. Deane was found guilty of criminal negligence causing death in April after the 1993 shooting of Stony Point protester Dudley George. Although Ontario Court Judge Hugh Fraser ruled that Deane shot and killed a man he knew was unarmed and then fabricated a story - lied in court - in order to hide his guilt, the judge's July sentencing provoked anger and disbelief in Native communities across the country; for killing an Indian, Deane was sentenced to two years less a day. To add insult to injury, the judge ruled that Deane was not to go to prison but instead would serve his sentence through 180 hours of community service. But despite Lefebvre's less-than profound observation that two systems of justice exist, it's unlikely that he or any other politician will ever take responsibility for justice denied. But it is not just an issue of justice - history is too long and the roots of prejudice run too deep. When I called a friend in Kahnawake and asked about the raid that never happened, "not on the phone" is all she would say. Another time, I was leaving the reserve in a van after helping move some furniture. It was late and I stopped to fill up the tank - the gas attendant indicated a dark car parked on the shoulder across the road and asked "is someone following you?" It was understood that it could be an unmarked police car looking to bust anyone taking "contraband" cigarettes or booze off the territory. Phone taps and police surveillance are a part of life foreign to most people who call themselves Canadian. Most Canadians can't understand why Indians don't pay taxes, vote in elections, believe in laws handed down by the government - or even consider themselves Canadian. Why keep bitching about treaty rights, land claims and self government when there are more pressing concerns like national unity, economic growth and CTV's Thursday night line-up? Perhaps more appropriate questions to ask are whose laws are being broken and whose borders are being crossed? Whose values are deemed important and whose language is used? Who controls the purse-strings of power? When the answers are given, maybe then we can talk. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL : 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: Long Wolf Returns Home" --------- Date: Wed, 01 Oct 97 13:53:01 PDT From: KOLA International Campaign Office Subj: Long Wolf returns home - An eye-witness report from the U.K. LONG WOLF RETURNS HOME <+><+><+><+><+><+><+><+><+> An eye-witness report from the U.K. Sunkmanitu Hanska, or Long Wolf was a noted Chief of the Oglala Lakota people. He fought for his people in Red Cloud's War which culminated in the treaty of 1868 of which it seems he was a signatory. Long Wolf was one of many Native American leaders and warriors who, after being captured following battles against the American troops (including the Battle of the Little Big Horn), were reluctantly conscripted into Buffalo Bill Cody's Wild West Show. Long Wolf came over to Europe with his wife and children to tour all over the continent, but unfortunately he died of pneumonia in London, England in 1892. His last wish was that he be buried in his beloved Oglala homelands of South Dakota. His wife Wants and daughter Lizzie promised him on his deathbed that this would happen. Sadly this did not come to be and he was buried in Brompton Cemetery far away from his home, friends and family. On 25th September 1997, Long Wolf finally got his wish to return home to his beloved Pine Ridge. Although it is now 105 years after his death, his family were thrilled at the prospect of him being able to go home to be laid to rest in the tribal burial grounds with his family and friends around him. A few days before the 25th, his granddaughter Jessie Blackfeather (now 87 years of ago and her first time out of America), with her son John and his wife Judith and other family members had arrived from the USA to take Long Wolf home. Together with Wilmer Mesteth, Oglala medicine man, and other close friends who had played a vital part in arrangements, they offered blessings to the Earth and the burial site before the excavation began. This took three days. On the evening that his remains were finally removed from the grave, the family offered more blessings and thanks to Mother Earth for taking care of him for so long and left food in his place as a special offering. The next morning saw incredible sights as the coffins, carrying the remains of Long Wolf, and White Star (an infant also buried at the same site) covered in buffalo hide and draped with both the American and Pine Ridge lags, made its way from the graveside on a horse drawn cart to the gates of Brompton Cemetery. There the coffins were transferred to a funeral car and taken a short way through the streets to St. Lukes, Church for All Nations. It was certainly a spectacular sight for many of the onlookers to see Native Americans in traditional and ceremonial clothes walking through the streets of a London suburb. When the family accompanying the coffin arrived at the church, it was already full to capacity with people from many different backgrounds, cultures and religions who wanted to pay their final respects to Long Wolf. Some of the people were representing many others from various Native American support groups around the U.K. who were not able to be there in person on the day. The service began with words of welcome from Rev. William Heald and then Lady Polworth spoke of her great-uncle Robert Cunningham-Graham who wrote the essay which led to the discovery of Long Wolf's grave. She compared the clans of Scotland with the "clans" of the Native Americans and told them how proud she was that her great-uncle had recorded his thoughts and feelings about Long Wolf as without them the grave would never have been found. The Centreland English singing team performed a memorial song in Lakota and John Blackfeather, Long Wolf's great-grandson was visibly moved as he sang along with them. It was a powerful song and one which later John acknowledged to me was extremely well sung. Next Elizabeth night told her part in the events. How she found the book in a shop and after reading it was so moved by the story that she went on a quest to Brompton Cemetery to find Long Wolf's grave. Once she had found it she made a promise to Long Wolf that she would try to find his family and help him return home. All this took nearly six years in total as there were many obstacles to overcome. Advertisements were placed in Native newspapers over in the USA and eventually Jessie Blackfeather and her family were traced. Jessie had always told her family of her grandfather being buried in England but knowing how large the country was, the family never dreamed that they would ever be able to find him. Descendants of Buffalo Bill Cody had to be traced to ask permission to proceed as he had paid for the funeral and burial back in 1892, and they still officially owned the burial plot. Queen Elizabeth and many, many other people were contacted and much "red tape" had to be overcome before any preparations could be made for getting the remains back to his homeland. A representative of SCI UK, an international organization which helps people get their loved ones back home for burials told of their help in events. Thousands of pounds were raised by hundreds of people wanting to contribute in some way towards the campaign. Great-great-granddaughters Martha and Mary Ann Blackfeather sang two songs in both English and Lakota that were well known to many of those in the congregation and there were other hymns which the family had chosen that were sung enthusiastically by everyone. Wilmer Mesteth offered prayers and Francis Thunder Hawk offered a special song in Lakota to end the formal part of the ceremony. Everyone accompanied the family outside the church to see Long Wolf carried back into the funeral car and final prayers were offered as Long Wolf began his long journey from London back to Pine Ridge. Once arriving back on Pine Ridge Reservation, there were to be more ceremonies before finally being laid to rest in his ancestral burial grounds in the Wolf Creek Community on Sunday 28th September. It was a great shame in a way that the media were everywhere in and around the church, jostling for positions and pressing people for interviews and photos. The whole ceremony was interrupted on several occasions by them answering their intrusive mobile phones despite many disapproving looks from the people present. It was a pity that they had to be so much in evidence when there were so many genuine well-wishers there to pay their respects to Long Wolf and his family. Still I suppose that is the price of publicity. Once all the media had gone and those left were the ones who had helped in different ways and really wanted to talk to the family wishing them well, the atmosphere seemed to return to a place of peace that it had started out as. To end the day, the family held a Give Away to say thank you to al those who had helped in different ways over the years and there were even special thanks to those who had helped over the last few days. The family remembered all the major organisers as they gave them each a gift made by members of the family. There were dreamcatchers, jewelry, bags, pot holders, and even some T-shirts for the grave diggers. The last to be thanked was George Georgson from Twin Light Trail who had brought everything together. Judith Blackfeather told of the times when she had almost given up hope of it ever happening, but George had persevered even when everything h ad seemed to be against them. He was given a wonderful quilt amongst other things and it really was a marvelous end to a most amazing day. For those of us who made it to the ceremony, we were really pleased to be a part of the day and to have witnessed such a thing happening in our lifetime. Amid all the difficult and negative aspects that often surround the support work and campaigns involving Native Americans, it was a wonderful feeling to see something so positive taking place. I felt proud and extremely honored to have been there with the family as Jessie's grandfather Sunkmanitu Hanska finally set off on his journey home and to have met with such strong and positive people. The family feel that now his spirit really will be at rest. It has given me renewed strength and spirit to continue with the other campaigning we are involved in and to have hope that we ALL will have many success in the years ahead whatever obstacles are placed in our paths. PS: At the ceremony, we were made aware that the family are still urgently needing to raise funds to cover many of the expenses involved. They are still accepting donations, but we are to send them directly over to the family now rather than via Twin Light Trail as happened in the past. If you would like to send contributions to help the family, you can do so: -> John and Judith Blackfeather -> P.O. Box 854 -> Pine Ridge, South Dakota 57770 eye-witness report by Dee Boyle KOLA member Great Britain **************************** KOLA (International Campaign Office) Van Boeckel St. 20 B-1140 Brussels Belgium Tel&Fax +32-2-241-8322 Email : kolahq@skynet.be **************************** FREE LEONARD PELTIER!!! FREE WOLVERINE!!! NO SCOPES ON MT. GRAHAM!!! --------- "RE: Words of Chief Byrd" --------- Date: Tue, 30 Sep 1997 14:41:04 -0400 (EDT) From: FirehairSS@aol.com Subj: Words of Chief byrd---thanks to NASC ------- FORWARD, Original message follows ------- Date: 97-09-27 05:39:18 EDT From: SbrWarrior To: NASC Swan From: Cherokee Nation News UUCP email FOR IMMEDIATE RELEASE September 23, 1997 Chief Byrd stops development of Sallisaw Smoke Shop Principal Chief Joe Byrd announced today that he will not proceed with the development of a tribally owned Smoke Shop in Sallisaw which was to be located off Interstate 40. This smoke shop was planned to open and operate in conjunction with the Cherokee Nation Gift Shop already located on the property. The gift shop is operated by Cherokee Nation Enterprises (CNE), a wholly-owned company of the Cherokee Nation. CNE also operates smoke shops in Catoosa, Roland and West Siloam Springs. According to Chief Byrd, he has asked the management of CNE to look at other uses for the Sallisaw property. "I have asked the Chief Executive Officer of CNE to look at other business opportunities to put with the gift shop rather than another smoke shop," Byrd said. "I would like to see us move away from tribally-run smoke shops and find other ways to create revenue for the tribe." Cherokee Nation Enterprises serves as a holding company for the majority of the tribe's businesses, and contributes the largest amount of tribally generated revenue to the Cherokee Nation. Along with the smoke shops, CNE operates three bingo halls, two convenience stores and two gift shops. CNE provides a quarter of a million dollar dividend to the Cherokee Nation each month to operate programs and services for Cherokee people. According to Chief Byrd, he would like to focus on creating a sustainable economy and higher level of education for our people. "It is my goal to help as many of our young people obtain a college education as we can, and create an environment where jobs are available," Byrd said. "To do this, we must make education a priority and explore all options of business development, both for the tribe and individuals." Chief Byrd recently met with Governor Keating and discussed opportunities for education and business development. They also discussed the tobacco industry and the development of tribal smoke shops. "The governor and I talked at length about the new tax laws for development on former Indian lands, the importance of educating our youth and the need to move away from businesses such as smoke shops and begin looking at healthier and more sustainable revenue streams," Byrd said. "When I was on the tribal council, I served as the chairman of the health committee, and at that time it was difficult for me to support the tribe going into the smoke shop business," Byrd said. " Even though it is a fairly good source of revenue, there are other opportunities to consider that promote a much healthier environment. After weighing each of these issues very carefully, I made the determination to stop the development of the smoke shop in Sallisaw." Chief Byrd plans on meeting with the State Department of Commerce in the near future to discuss ways to improve the economy and develop business opportunities that will not only benefit the members of the Cherokee Nation, but all citizens in the state. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Chief's message to local officials at community connections reception held today From: Cherokee Nation News Comments Thank you for joining us here today at our Head Start Center. It is an honor to have officials from our community come and share an afternoon with us. This reception today is being held in conjunction with the Cherokee Nation Community Connections project that we have been doing for the past several months. Cherokee Nation Community Connections is an effort by the Cherokee Nation administration and council members from each district to strengthen tribal and community relationships. Community Connections events feature meetings with city officials, local organizations, Chambers of Commerce, tours of local businesses, and community projects. I wanted this done to further educate the public about Cherokee Nation programs and activities. So far, we have taken Cherokee Nation Community Connections into Sequoyah County, Mayes County and here in Cherokee County. Each event has been extremely successful. One of my priorities as Principal Chief has been to establish partnerships with local, state and federal officials in an effort to improve our ability to serve our people. It is my philosophy that what is good for each of our communities and the State of Oklahoma is good for the Cherokee Nation and vise versa. We can do so much more when we work together. Just last week, I had a meeting in Oklahoma City with Governor Keating. This meeting went extremely well. We discussed at length economic development opportunities and the need to make education a priority. We talked about the new tax law that provides accelerated depreciation for business who locate on former Indian lands and federal tax credit for the employment of Native Americans. This law is very exciting for the entire State of Oklahoma, and very encouraging for our Indian people who will be entering the work force. The governor will be setting up a meeting with myself and several other Oklahoma tribal leaders and the State Department of Commerce to discuss some of the opportunities that we can capitalize on. We also talked about the motor fuels agreement that we signed with the state last year. This agreement has been one of the most important agreements signed between tribes and the state. Through this agreement, the Cherokee Nation will receive right at a million dollars a quarter for the next twenty years. Our tribal council recently appropriated one of the installments, and I am pleased to report that $200,000 of it went to higher education scholarships. More than a quarter of a million was appropriated for dentures and eyeglasses, and a large appropriation was made to a road project in Mayes County. This roads project is being done as a partnership between the county, tribe and the state. The governor was very pleased to hear this report. He has pledged his support to our tribe, and looks forward to future opportunities that will benefit all of our citizens. I would also like to report to you that Cherokee Nation Enterprises is doing extremely well. We have a new board of directors that are all business people who bring a great deal of experience to our corporation. They are aggressive and ready to move our largest corporation to new levels. And, regardless of what you may have heard, our programs and services are performing at 100% As you can tell, despite some of our political differences, the Cherokee Nation is functioning quite well. We are moving beyond our recent struggles, and implementing policy and legislation that will ensure our future stability. We have grown so rapidly in such a short time that our internal structure has not kept up. We now have the opportunity to learn from the past several months and solidify our government. I look forward to a bright future and an exiting two years to come. We are a part of the family here in Tahlequah and Cherokee County. I hope that each of the officials here today will look at things that we can do together to build our community. We need to continue dialogue, and improve the lives of those around us. Again, I thank you for joining us here today. Please take time to look around at our Head Start facilities. They are a national model and receive outstanding evaluations from the federal level. I commend the staff for their hard work. Thank you. --------- "RE: CNO Faces $2.4 Million Overdraft" --------- Date: Fri, 3 Oct 1997 13:44:35 -0400 (EDT) From: FirehairSS@aol.com Subj: Cherokee News-thanks, NASC ------- FORWARD, Original message follows ------- Subj: Article and link to new Cherokee Observer site Date: 97-10-02 19:48:24 EDT From: NASC Bear O'siyo, Sister Swan The following article was copied from the (new) Cherokee Observer site. The Cherokee Observer (Keyword to: http://www.geocities.com/Heartland/Prairie/5918/) It was published 10-02-97 in the Muskogee Daily Phoenix, so it's "hot off the presses" so to speak. I wonder how Joe Byrd is going to "weasel" out of this one? Take care NASC Bear --------------------------------------------------------------------------- CHEROKEE NATION FACES $2.4 MILLION OVERDRAFT WIRE TRANSFER EXPECTED FROM BIA By Donna Hales, Phoenix Staff Writer The Cherokee Nation faces a $2.4 million overdraft Wednesday in its operating account at Nations Bank in Tahlequah. To keep checks from being returned, tribal councilors were polled and voted to loan the operating fund $1.8 million in a reserve account, said Harold DeMoss, chairman of the tribal council's executive and finance committee. DeMoss said he was advised of the problem at 1:15 p.m. Wednesday by tribal Secretary-Treasurer Jennie Battles, who assured him she was expecting $2.1 million in construction money for Sequoyah High School within 10 days and would repay the money. But $2.4 million had to be put in the operating account to keep tribal checks from bouncing, DeMoss said he was told. "I have no way of verifying it as of today," DeMoss said. He said he also was advised a $1 million overdraft protection agreement with the tribe already was in play. "This is just business," said Councilor Mary Flute Cooksey in a news release from the tribal administration. "Self-governance has held up some of our funds. We're at the end of the fiscal year and employees and bills still have to be paid. Our agency money will arrive next week and that money will be replaced." DeMoss said councilors can't verify how much money the tribe has or if its $100 million annual budget was overspent last year or the year before that. He said that is why the overdraft didn't surprise him. DeMoss located 12 of the other 14 tribal councilors and received permission from nine of them to make the transfer. Three councilors, Barbara Starr Scott, Troy Poteete and Nick Lay voted against the transfer of funds. Poteete and Scott questioned the legality of authorizing the transfer outside a council meeting. "I'm shocked they did it without a council meeting," Poteete said. "I don't think it's legal to allocate those funds in that fashion." Principal Chief Joe Byrd didn't return calls Wednesday. "I think if we had $1.5 or $2 million the Byrd administration has squandered needlessly on legal expenses, we wouldn't have this cash flow shortage. We really don't know how much has been squandered," Poteete said. Battles told the Phoenix a wire transfer sufficient to "take care of he loans to the operating fund is expected from the Bureau of Indian Affairs in Albuquerque for construction work at Sequoyah High School. Jim Quetone, tribal director of education, said he knows of a $500,000 or $600,000 cafeteria project recently completed on which a reimbursement may be expected. An overhaul of the school's heating and air conditioning unit is planned, but Quetone said he doesn't know the cost of the project. Scott said she talked with a high-level Sequoyah High School official late Wednesday who said the only funds expected involve the cafeteria funds. Other Sequoyah construction fund are to go to the Choctaws, who are managing the construction, Scott said she was told. Tony Stockton, president of Nations Bank was seen at the tribal complex Tuesday conferring with Byrd, Scott said. Yet, 11 councilors attending an executive and finance committee meeting Tuesday night were not informed of the overdraft, DeMoss said. Stockton didn't return calls to his home. The motor fuels tax fund are to be in interest bearing accounts, so council approval was sought to borrow the funds, said tribal spokeswoman Lynn Adair. --------- "RE: Cherokee Judges Conflict of Interest" --------- From: FirehairSS@aol.com Date: Sat, 4 Oct 1997 09:25:14 -0400 (EDT) Subj: Judges/Conflict of Interest/Cherokee--thnks, ApraelStar UUCP email RECUSAL OF JUDGES A judge should never sit on a case where he has a personal interest that could be substantially affected by the outcome or the case. There are, of course, many other reasons for a judge to disqualify himself from a case. Likewise, a judge who disqualifies himself, should not be involved in deciding the judge should hear the case. There are close cases involving recusal, but the basic principals set out above the simple common sense. The testimony mentioned cases where a Justice who was a defendant in a case assigned the case to a friendly judge. In another case, arising from the publication of the name of a juvenile, a criminal charge was filed against the judge involved in that act, and the case was remanded from the Trial Court to the Judicial Appeals Tribunal where the defendant sat as a judge. The limited number of judges in the Cherokee Nation judiciary creates a problem when a judge recuses, but it could be handled easily by a code provision for assigning a retired judge or a local attorney to sit as a judge in the case. We recommend the judges follow the canons of judicial ethics; that where the recuse themselves or where they are ordered by another judge to recuse, the Justices of the Judicial Appeals Tribunal not involved in the case assign another judge to the case if another judge is available; if not, assign an attorney licensed to practice in the Nation to sit as Specially Assigned Judge. If all three Justices recuse, the assignment should be made by Principal Chief; and if he is implicated, the Council should make the assignment. A proper statutory provision should be adopted with consultation between a committee of the Council and a committee from the Judiciary .. APPOINTMENT OF A JUSTICE We call your attention to a rather unusual situation: this is a question of whether Justice Keen has been appointed to the position he now holds on the Judicial Appeals Tribunal. It has presented to this Council in the removal proceedings and the Commission heard testimony concerning it from the witness, Tom Seymour. The testimony was that Justice Keen was appointed a Justice of the Judicial Appeals Tribunal in 1990, so that his term should have expired December 31st, 1996. Legislative Act 7-95, which provided for terms of office of Justices of the Judicial Appeals Tribunal, set out that Justice Keen occupied office number two (as of the date of the Act, November 13, 1995) and that the term of office number two expired December 31st, 1998. Apparently this was taken to mean that Justice Keen was to serve until December 31st, 1998. However, the Constitution is clear that a Justice is to be appointed by the Principal Chief and approved by the Council. There is nothing to indicate Justice Keen was appointed to serve any term after expiration of his term in December 1996. It is recommended by the Commission that a committee of the Council be assigned to determine the facts in this situation and, if appropriate, Justice Keen should be asked to leave the bench. OFFICE OF PUBLIC PROSECUTOR The testimony before the Commission revealed problems in the office of the public prosecutor. The prosecutor is appointed by the Principal Chief and is in the Executive Branch of government. However, occasions arise where the prosecutor must proceed with cases against people in the Executive department. There was evidence to indicate that the prosecutor was discharged when the prosecutor attempted to proceed against officials of the administration. On the other hand, there was testimony to indicate that the prosecutor was simply an agent of the Judicial Appeals Tribunal Clearly, the office of public prosecutor is one requiring maximum independence. It is difficult to see how a prosecutor can maintain independence when the appointment is by the Principal Chief and the work must be done so closely connected with the Judiciary. It is recommended that laws be enacted to provide the public prosecutor to be an elected position and that the prosecutor be authorized and funded to hire a necessary staff to perform the duties of the office, including a trained investigator. MISPLACED FUNDS The Commission heard testimony concerning the missing, or misplaced, two hundred thousand dollars. It would appear that this money belonged to the Cherokee Nations Enterprises; and while the Judicial Appeals Tribunal was acting as "interim directors" of the Enterprise, two hundred thousand dollars was taken out of the account, and instead of being used as a dividend for the Cherokee Nation, it was placed in a special account in a Muskogee bank. Later, June 9, 1997, when Mr. Holderby became CEO of Cherokee Nations Enterprises, he discovered that the two hundred thousand dollars had been removed from the bank and the Judicial Appeals Tribunal advised the Council that it was holding the funds in trust. The testimony was that Justice Keen suggested that since the Principal Chief and eight members of the Council were not following the court orders, the Judicial Appeals Tribunal would hold the two hundred thousand dollars until the Principal Chief and the Councilmen began to "act legally." The testimony was that the signature card controlling the account was in the name of "Ralph Keen, Chief Justice." It was claimed that the Justices held the money "in our capacity as temporary members of the Board of Trustees" of the Cherokee Nations Enterprise. It would seem the matter could be taken care of very quickly by the issuance of a check and returning the money where it belonged. On August 12, Justice Keen told the Council the money could be returned at any time. As of the date of the testimony this week, an attorney representing Cherokee Nations Enterprise had been unable to secure the return of the money from the Justices of the Judicial Appeals Council. The Commission makes no recommendation in this bizarre case, as it seems rather obvious that legal action should be instituted if the money is not returned forthwith. ------------------------------------------------------------------------ THE CHEROKEE NATION The Executive Branch ------------------------------------------------------------------------ The removal of Marshal Pat Ragsdale and his deputies by the authority of the Principal Chief on or about February 25, 1997, was valid. Similarly valid is his appointment of a new Marshal and deputies. The subsequent action by the Judicial Appeals Tribunal reinstating Marshal Pat Ragsdale and his deputies was invalid inasmuch as the high court has no such power. The termination review procedure provided by LA 12-96 was not fully implemented and available to Marshal Ragsdale and his deputies at the appropriate times. Therefore, it should be made available now to the extent they are not fully returned to their previous positions. The Commission finds the removal of Pat Ragsdale and his deputies was caused by what was perceived as the Marshal's insubordination in executing a search warrant in the Nation's executive offices, the warrant having been issued by the Judicial Appeals Tribunal. Some persons in the Executive Department apparently believed Marshal Ragsdale should have sought the approval of his immediate supervisor or otherwise deferred to the Principal Chief's authority prior to conducting the search. However, it is clear that such conduct by Marshal Ragsdale would have been inconsistent with his duties under 51 CNCA, Sec. 62. Further, the Commission finds the search was conducted in an orderly and courteous manner, with cooperation from the administrative employees in the area at the time of the search, and by obtaining copies of the documents sought without removal of any original documents from the offices searched. Regardless of whether the search might ultimately have been declared invalid if challenged in court, the reprisal of terminating the Marshal, his deputies, and others associated with the search was not in the best interests of the Cherokee Nation. These terminations sent the message that the Principal Chief was above the applicable law and indeed that persons who sought to challenge his authority and actions in lawful ways were subject to termination. We add, however, that the reaction of the Principal Chief under these extraordinary circumstances, and with the valuable tradition of the strength of his office, is understandable and in this one instance perhaps excusable. He should in the future ensure the Cherokee citizens understand that he is fully supportive of the laws of the Cherokee Nation. He should refrain from terminating the employment of persons who in some peaceful fashion challenge the correctness of lawfulness of his performance as Principal Chief. The Commission further finds that in the days following the search, documents requested by Ms. Blalock were promptly provided, a significant indication of Chief Byrd's good faith commitment to see that the laws are faithfully executed. The removal of the Justices of the Judicial Appeals Tribunal by action of the Council was invalid because it was done without a quorum as specified in the Constitution. Accordingly, the Justices should be promptly returned to their offices, and with speedy provision of the needed furnishings, files, and support services. Further, to ensure the independence of the judicial department, the Constitution should be amended to provide that the Justices of the Judicial Appeals Tribunal cannot be removed without the approval of ten members of the Council (this amendment should probably go in Article VII). The Principal Chief should revise the procedures of his office so that all documents pertaining to the governmental operations are readily available to the members of the Council. This is required for the performance of his duty to "cause the laws of the Cherokee Nation to be faithfully executed" (Article VI, Section 10), and particularly the Article IV provisions that the legislative and judicial departments shall be properly empowered to exercise their distinct powers. In particular, documents relating to the financial affairs of the Cherokee Nation are especially important to be readily available to the Council because of the Council's primary responsibility for appropriations and monitoring the financial affairs of the Cherokee Nation. Specifically, it is inappropriate to require Council members to fill out forms to request such documents. If privacy concerns are ever present, the Council members and their staff should be advised of these and their compliance with such restrictions can be expected to the same extent as with persons in administrative positions. Further, because key parts of the business affairs of the Cherokee Nation are performed by separate Cherokee Nation corporations, created under Cherokee law for proper business purposes, all documents relating to those corporations financial affairs should be treated exactly the same as documents related to the other of the Cherokee Nation's financial affairs. The Commission understands the ownership of these corporations is entirely by the Cherokee Nation, and the citizens interest in these corporate transactions is the same as in the other governmental financial matters. In the Commission's opinion, this kind of routine openness is essential to remove the suspicions which are now rampant, and create the mutual trust among citizens and officials in all three departments that the Nation so desperately needs. Because of patterns of the past, the Commission realizes that this sort of openness will take concentrated and persistent effort by the Principal Chief and his staff before it becomes comfortable and routine. It is the Commission's strong belief that without this sort of complete openness, suspicion and distrust will continue to frustrate any attempts at peace and unity. To be sure, there is a certain price in tedious explanations and fear of vulnerability that goes with openness. That price needs to be paid in order to achieve the good government the Cherokee people need. Since the Council members are not expected to make Council duties their full-time employment, they cannot be expected to perform their assigned tasks, especially concerning preparation of appropriations and monitoring of financial affairs, without the assistance of full-time staff professionals. Further, in order to properly exercise their independent powers and duties, the Council members need to have the advice of an attorney whose employment is entirely controlled by the Council's staff or the Council itself. The Commission recommends the Council should promptly appropriate funds as necessary to employ such staff assistance and the Principal Chief should promptly assure that such funds are readily available. The cost of appropriate office space, equipment, and secretarial assistance should also be provided. When Council members are provided routinely with the financial documents as here recommended, they should understand that this does not put them in the same position as members of the respective Boards of Directors of the Nation's corporations, nor does it mean they should seek to perform the duties properly assigned to persons in the Executive department (i.e., they should not "micro-manage" either the corporations or the Principal Chief's administrative assistants). This is required by the Constitutional separation of powers. Correspondingly, the Principal Chief and his administrative assistants can expect a heightened amount of annoyance that accompanies the proper inquiries and follow-up communications that will necessarily flow from the increased information supplied to Council members and their staff. The Principal Chief in exercising his power to appoint such administrative assistants as he deems proper, is expected to employ persons who have a high degree of loyalty to him and his duties. It appears to the Commission that the Principal Chief has been quite successful in this to date. However, these assistants should also be sensitive to the Principal Chief's constitutional duty and personal commitment to perform his duties in strict compliance with applicable laws and should understand that this may require some change in their patterns of work. It is clear to the Commission that previous Principal Chiefs have been persons of strong personality, so that the other two branches of government became accustomed to a lower level of activity and responsibility than is constitutionally required. Accordingly, the Principal Chief's key advisors need to be sensitive to the needed change to conformity with legal requirements and full empowerment of the Council and Judicial Appeals Tribunal. While the Principal Chief should expect full loyalty from the personnel in his department, he should likewise expect and indeed encourage criticism as well as support from persons in the other two branches. The independence of the three branches and their respective personnel is expected to result in "checks" and "balances," resulting in better government. Accordingly, the Principal Chief, whose office has been accustomed to exercising power superior to the other two branches, must reform itself and "bend over backward" to avoid sending the message that criticism will result in loss of jobs or other benefits by the critic's family members or friends. In other words, the Principal Chief and his staff should seek to avoid even the "appearance of evil." Further, the Principal Chief is commended for this regular attendance at Council meetings. However, in this new environment as well as support of him and his staff. It is recommended that the Justices of the Judicial Appeals Tribunal perform their activities in significant ways including recusing themselves from all cases implicating the Principal Chief and his staff and avoid any actions which would tend to impede the performance of the Principal Chief and his staff. With respect to others who appear before them, they should adopt a new level of courtesy. Correspondingly, it is recommended that the Principal Chief at the meetings of the Council, recommend to the Council that they refrain at this time and in the foreseeable future from initiating any efforts to remove any of the Justices, in effect giving the Justices an opportunity over time to create an improved environment in the workings of their Tribunal and in their relations with the other two branches of government. Recommendations of the Commission for additional adjustments in the performance of the Judicial department appear elsewhere in this report. The point is that in light of the considerable personal wounds inflicted by the mutual reprisals in recent months, each department should seek to "go the extra mile" in seeking to restore mutual respect, regardless of continuing disagreements --------- "RE: Ottawa Shares Blame for Abuse" --------- Date: Tue, 30 Sep 1997 21:27:01 -0500 From: "S.I.S.I.S." Subj: Churches say Ottawa shares blame for abuse :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: [Please note: The following mainstream article may contain distorted or inaccurate information and may be missing important facts and/or context. It is provided for reference purposes only - S.I.S.I.S.] CHURCHES SAY OTTAWA SHARES BLAME FOR ABUSE Vancouver Sun, Monday, Sept. 29, 1997 by Douglas Todd, Sun Religion Reporter Canada's three largest Christian denominations are finding allies for their argument that they shouldn't bear all the blame and guilt for the way native Indian children were treated at residential schools in BC and across the country. University of Saskatchewan historian Jim Miller joins the Catholic, United and Anglican churches in claiming that the Canadian public, through the government, should be accepting much more responsibility for the mistreatment of natives at more than 80 residential schools. "In this secular age, people find it easier to let the churches be the scapegoats," said Miller, author of the recent book Shingwauk's Vision: A History of Native Residential Schools. "If the federal government accepted responsibility for what happened at residential schools, that means we'd all have to accept some responsibility," Miller said. "But the government is keeping its head down, and people find it easier to single out the churches." The Catholic, United and Anglican denominations have started a legal push to force the federal government to accept much of the liability for native Indians who were sexually or physically abused at some of Canada's residential schools, nearly all of which were shut down by the late 1960s. The residential schools - which were operated by church organizations but started, financed, and monitored by Ottawa - were intended to educate natives and assimilate them into European Christian culture. Pending civil trials in BC are expected to bring the question of who's liable for them to a head before the end of the year. Dozens of BC native men abused at residential schools have initiated lawsuits against individual molesters, churches and the federal government - including the victims of Arthur Plint at the United Church's Port Alberni residential school; the victims of Derek Clarke at the Anglican church's school in Lytton, and the victims of Jerzy Maczynski at the Catholic residential school in Lower Post near the Yukon border. None of the convicted pedophiles was a member of the clergy. As well, the numerous male and female victims of Catholic Oblate brothers who ran St. Joseph's residential school near Williams Lake - Harold McIntee, Len Doughty and Hubert O'Connor (who went on to become bishop of Prince George) - are expected to file more lawsuits in the near future. Outside of BC, which has been a major focus of the residential-school abuse controversy, former students are also filing lawsuits in connection with schools near Manitoulin, Ont, an Anglican school near Brantford, Ont., and a Catholic school near Guy Hill, Man. The case of McIntee, who was convicted in 1989 of molesting more than a dozen boys at St. Joseph's, was the first public revelation of sexual and physical abuse at native residential schools. The Catholic, United and Anglican churches have all issued various broad apologies in recent years for their role in running the residential schools. So far the federal government has only issued what Miller calls a partial, "mealy mouthed" apology. Ottawa has argued the churches were hired as independent contractors and are solely responsible for any wrongdoing. "It's convenient for Canadian society to say this issue is just a problem that had to do with missionaries and the church," said Gerry Kelly, an official with the national Catholic church, which ran 60% of Canada's residential schools. "The Canadian public doesn't want to recognize that residential schools were deeply embedded in Canadian social policy towards natives; a policy which continues today to be assimilative, paternalistic and coercive," Kelly said from Ottawa. RCMP Constable Gerry Peters, who leads a 10-member task force looking into allegations of abuse at residential schools, believes the individuals convicted of abuse should ultimately be held responsible for the crimes. Millar, however, said there's enough blame to go around for the individual abusers, churches and especially the government to share. "When it comes down to it, it was the government of Canada that instituted, financed and was supposed to inspect these schools, although they did a crummy job of inspecting," Miller said. "The government had constitutional responsibility for the schools through the British North America Act. But most Canadians don't give a damn about that." United Church residential school specialist John Siebert has uncovered archival documents showing the federal government argued three decades ago that it was in sole charge of the schools. The Indian affairs department in the 1960s won a legal battle against staff members at church-run residential schools who wanted to unionize by arguing they couldn't do so because they were Crown employees. At the time, there was a law against federal employees joining a union. Ottawa, however, has recently accepted liability for a residential school that the churches didn't run. Last year, Ottawa paid out about $1.5 million in compensation to 50 natives who attended a federally funded residential school on the Gordon reserve in Saskatchewan. Federal Indian affairs officials who oversee residential school issues didn't return The Vancouver Sun's calls. Neither did native Indian leaders who monitor residential school issues - including Charlene Belleau of Williams Lake, who speaks for the victims of O'Connor and others, and BC's Assembly of First Nations vice-chief, Linda Shackelly. Peters says officers have received excellent cooperation from the United Church. "But some bureaucracies are slowing us down," said Peters, refusing to say whether those bureaucracies were other denominations or the federal government. RCMP officers, Peter said, need access to archival material to help determine the identities of alleged abusers. The BC Task force has laid additional charges against Plint and Clarke, and expects several more school staff members to be charged in the future. The United Church's Siebert said his denomination, which has put more than $450,000 into a healing fund for natives who attended residential schools, is "firmly committed to taking responsibility for its role but it can't take responsibility for the federal government." Like officials of other denominations, Siebert said the United Church seeks reconciliation with natives. Siebert and Millar said many abused former students have told them they wouldn't initiate civil lawsuits if the Liberal government agreed to a negotiated, collective settlement that would help resolve the residential-school legacy. The federal government is expected to make a statement about residential schools in November, when it offers a larger response to the Royal Commission on Aboriginal Peoples. But Miller hopes the federal government doesn't follow the commission's "annoying" recommendation to launch a public inquiry into residential schools. "The natives need help now," said Miller. "There's a lot of hurting people out there. We can't afford to wait another five years." :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: Letters to the Vancouver Sun: sunletters@pacpress.southam.ca :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL : 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: Osage in Peril" --------- From: "Phillip Taylor" Subj: OSAGES (long but important) Date: 1 Oct 1997 00:21:23 GMT Newsgroup: soc.culture.native The following was sent to me via the Osage Research Newsletter: Osage Research Newsletter Update The following letter was received from Raymond Theis. ------------------------------------------------------------ TO WHOM IT MAY CONCERN This message is being sent to all Osage People, to those in the free press that might assist us, and to our representatives in Washington. On September 19, 1997, Ada E. Deer, Assistant Secretary - Indian Affairs sent the following facsimile to the Honorable George E. Tallchief, President of the Osage Nation of Oklahoma. With a stroke of a "pen" the Osage Nation was written off the books as an entity of the Osage People. Over 13,000 Osages were denied the right to vote or have a say in their government. Since 1994 they have had this right. Can an Indian Tribe that had these rights be denied them by the stroke of a pen. Yes, they can..... and so can other Indian Tribes!!! You can wait and see if it happens to your tribe or you can join in an effort to stop this from happening to your tribe. The United States Government has broken every treaty that they have ever made with an Indian tribe. And now they are slowly but surely in the process of "cutting their budget" by removing those "extra expenses" that they were obligated to carry out in their trust responsibility to those Indian tribes. Read on and listen carefully to what your ears hear and your eyes see as to what is "written on the walls of history". It is not good for us, the Indian people that have tried for centuries to get along with the white man and has looked to the Great White Father in Washington and believed what has been told us. It is over for the Osage Nation..... will it be over for you also? The Osage Indian is not dead...... nor will they ever die. They will live on, but their right as an individual to vote and have a say in their government has stopped for this moment in time. They will be back. Presently only those who have inherited a share in the mineral estate can vote.... less than 4,000. The other larger group of over 13,000 have been annihilated, removed from having a say in how things should be run. The Osage Tribal Council, who, according to the 1906 Act of Congress[not a treaty or constitution of an Indian tribe] are to handle "ONLY" the administering of the "Minerals Estate" are now wanting to administer all of the Federal Programs that the Osage Nation established and tripled the income of in the past three(3) years. Another thing that most do not want to believe is, that when the LAST of the Original Allottees dies, the trust responsibility of the government CEASES!!! Read it in the 1906 Allotment Act. It says, "... and the said roll as above provided, after the revision and approval of the Secretary of the Interior, as herein provided, SHALL CONSTITUTE THE APPROVED ROLL OF SAID TRIBE:and the action of the Secretary of the Interior in the revision of the roll as herein provided S HALL BE FINAL". COULD IT BE ANY PLAINER? Under the Osage Nation Government, we wrote, passed into Law, and established a membership roll. NOW, there is no membership roll...... wiped away by the stroke of a pen. Under the 1906 Act a new membership roll cannot be established. Only under the new Constitutional form of government could this be accomplished..... and it was. The title of the 1906 Act is, "An Act For The Division Of The Lands And Funds Of The Osage Indians In Oklahoma Territory". This Act directly ties the ownership of property, through the shareholder process, to the right to vote. And for the most part this can only come about when a relative dies. As a citizen of the United States of America are you required to own property before you can vote. No you are not. So is this process established under the 1906 Act, by the way which was written by Congress, a true process that enables a person to have the right to vote? We, the Osage, are the only tribe of Indians that have had an Act of Congress written for them to establish an allotment of land and distribution of funds. In 1881 we had a constitutional government for our People. This constitution was the basis for the 1994 Constitution. It was good enough for us prior to 1906, shouldn't it be good enough for us today? Should not we vote it back in? Another quote from the same Act enforces what was stated above on what the AUTHORITY of the tribal council is......" This act provided for the SELECTION and DIVISION of the land, in the OSAGE NATION [wait a minute, isn't that the name of the government voted in by 66% of the Osage People and established a constitution] to the INDIVIDUAL MEMBERS OF THE ENROLLED Osage tribe. Including the reservation of the MINERALS, for the tribe as a whole". IT DOES NOT SAY, ANYWHERE in the 1906 that the tribal council can carry out any other duties. So what they are attempting to do HAS NO BASIS UNDER THIS ACT. The OSAGE NATION needs your help. It must be in writing and sent to me as soon as possible. This way you need not send out many letters to members of the Osage Nation government. I will make copies of them and bring them to the next meeting of the Osage National Council. When you receive this correspondence, contact ten (10) other members of the Osage Nation and ask them to contact ten more members. In this way we can get the word out faster and at less expense to each individual member of the Osage Nation. REMEMBER, a government is not a few members of the Executive, Legislative, or Judicial Branches, it is the PEOPLE. You are the Osage People. If you want your children, grandchildren and their children to have a VOTE and a SAY in OUR government, IT IS UP TO YOU. I can't do it by myself. The other members of the Osage Nation government can not do it by themselves. ONLY you can make the difference. Please join with us to save our OSAGE PEOPLE. As individual members we stand alone. You are the only ones who can make a difference. If the government fails, the people as a Nation falls. I don't want this, do you? Send this message loud and clear to our People. Send it you our representatives in Washington. If you need addresses, contact me and I will furnish them to you. Most of you I have already sent this information. What else can I say. Time is of the utmost importance. Now is the time. ... tomorrow may be to late. Your prayers and assistance is needed now. Thank you, Raymond A. Theis, II Second Speaker Osage National Council 2640 Evergreen Drive Bartlesville OK 74006-4702 Phone/FAX: (918) 333-4073 E-mail address: RATheis2@aol.com ------------------------------------------------------------------------- United States Department of the Interior OFFICE OF THE SECRETARY Washington, D.C. 20240 September 19, 1997 Honorable George Tallchief Chairman, Osage Nation of Oklahoma Post Office Box 53 Pawhuska, Oklahoma 74056 Dear Chairman Tall Chief: This office has been informed that the mandate has been issued by the Tenths Circuit Court of Appeals in Fletcher v. United States, No. 95-5208 (10th Cir.dec. June 10, 1997, reh. den. August 18, 1997), thus making the June 10, 1997, decision by the Tenth Circuit court immediately effective. That decision held that the work of the Osage Commission, which culminated in the 1994 Constitution, and the ratification of the 1994 Constitution was void. As you are no doubt aware, by order dated October 28, 1993, the federal court required this office to review the draft constitution to determine if any provision was contrary to federal law. By letter dated November 5, 1993, we advised the Federal District Court that the draft constitution was in compliance with federal law and also that the Osage Commission would be permitted to conduct a referendum on the adoption of the constitution. Thereafter, my approval of the ratified constitution on June 1, 1994, was in furtherance of the Federal District Court's process. It is now clear from the ruling of the Tenth Circuit Court of Appeals that the constitutional process was contrary to federal law and that this office must take actions to restore the government established by the 1906 Act "by striking down the inconsistent form created by the 1994 Constitution." Thus, as of this date the Bureau of Indian Affairs is constrained from recognizing the Osage Nation as established by the 1994 Constitution, and my approval of the 1994 Constitution is rescinded. Please be advised that this office formal recognizes the Osage Tribal Council as the governing body of the Osage Tribe. We are concerned that contracts entered into with the Osage National Council for the operation of federal programs be terminated in such manner so as not to interrupt services to individual members of the Osage Tribe. Therefore, the Area Director, Muskogee Area Office, Bureau of Indian Affairs, is directed to work with the Osage National Council and the Osage Tribal Council to insure the orderly contracting of programs pursuant to Self-determination and Education Assistance Act, referred to as Pub. L. 93-638. Sincerely, Ada E. Deer Assistant Secretary - Indian Affairs --------- "RE: Roberta Blackgoat Video" --------- Date: Mon, 6 Oct 1997 11:00:29 -0800 From: "Robert Dorman" Subj: Roberta Blackgoat Video Mailing List: Big Mountain List There is another Big Mountain site on the web that you might want to check out. It is: http://www.iahushua.com/T-L-J/list.html The following can be found at: http://www.iahushua.com/T-L-J/weep.html and is reproduced here for those with only email access. "To Seek out that which was Lost..." We present this Information and its Links as a Service to our readers... Its inclusion should not be construed as the Authors' or the Relays' endorsement of our Beliefs... or as our endorsement of theirs.. the Truth will stand on its own Merit! Wounded Earth Environmental Project W.E.E.P - Box 8574 Missoula, Mt 59807 Howdy Folks, This is a note concerning Roberta Blackgoat, a Dineh grandmother, Big Mountain Az., who Gathered with other individuals from all over the Earth, at Painted (Indian) Prairie Meadows, Oregon, at the 26th Annual Gathering of the Tribes, sponsored by Individuals of the Rainbow Family, July 1-7, 1997. Roberta Blackgoat, and other individuals involved in the (Spiritual) People's Land Rights struggle, Big Mountain, were Welcomed Home, food and shelter offered and accepted, encamping with Montana family, others. On July 5th, after the Silence for Peace on the 4th, in the afternoon, in Tipi Circle, individuals in support of Big Mountain, listened as Roberta Blackgoat, spoke of the Struggle for Freedom for the Dineh, against the corporations etc. who want Dineh traditional lands for minerals etc.. In agreement with Roberta Blackgoat, this Circle in Support of Big Mountain, with Roberta Blackgoat speaking, was Video-taped. Hopefully with enough sound quality for the message to be clearly heard. This Video is being processed and a copy will be sent to Roberta Blackgoat, to be used, if she/others involved in the Big Mountain struggle, deem it to be useful. Also, this video, will be sent worldwide on the internet, by all concerned in support. Roberta Blackgoat expressed her hope this message can be heard everywhere on Earth. As an individual, of the Rainbow People, who supports Roberta Blackgoat/other Dineh/folks, I agreed to help with processing this video and 'getting it out' worldwide. This video will contain Roberta Blackgoat speaking, her grandson Randy speaking, and a song by Windsong, a woman of the Rainbow, "Dineh...Hopi", and a Prayer/petition by Individuals of the Rainbow People, in Circle, in Support of Big Mountain. Donations were given, Roberta Blackgoat/family left in Peace, with good vibrations. As a Historian, storyteller, for the Rainbow People, in our Gatherings, for many years, I have told the Story of David Monogye (sp.), a Hopi grandfather, who Gathered with the Rainbow Family Tribe, in New Mexico in 1977. David was known to Rainbow People (among others), as "Grandfather David". Every year, in the Hipstory of the Rainbow Gatherings, the story of Grandfather David coming and greeting Gathered folks, is shared...with respect, honor, good will. For Rainbow People, who gathered in 1977, and those folks who have gathered since and heard the Story, the visit by Grandfather David is a very good, a high moment, a blessed moment. Generation after generation of Our People, will honor this simple, waycool Hopi, a peace person, who came to say " Hopi and Hippie are alike, peace people are Hopi, Hopi is Peace, you are all Hopi"(as some of us remember). Next year, 27th Annual Gathering, Arizona July 1-7. '98, in the HipsTory, will be Shared, of the Welcome Home, to the Gathering, of "Grandmother Roberta Blackgoat", shared as a blessed moment, a moment of Peace and Freedom, a high moment in Our Gathering HipsTory. Grandmother Roberta is waycool. For me, personally, I give thanks, I was at the Welcome Home, and greeted Roberta Blackgoat. I held Kasha Rose Montana, 9 months old, (daughter). I chanced to be at the Gate, looked around and saw a Dineh. I said, "Welcome Home, Grandmother, can we offer you food, do you need anything?" She said she was fine, and she pointed out the folks she was with, and she walked into the Gathering. I Welcomed Home Randy/others, who asked for Feather, who I know well, Montana family, and these Dineh entered the Gathering. I hope more Sharing, at Circles, in Gathering Arizona '98, will Open the Way, Further the Cause of Peace and Freedom. Individuals/Folks in support of Big Mountain Relocation Resistance, in Gathering, are seeking to share knowledge, gainsay support, educate people, who come to the Gatherings, about Big Mountain. Please "tune in, turn on"... help out! thank you, Barry E. Adams, "Plunker", individual, Montana family, Rainbow Tribe Kasha Rose Montana, Sue et al RESTORE THE EARTH! -- RESTORE THE PEOPLE! Big Mountain Information and Discussion Forum ************************************************* You are on the BIGMTLIST, a moderated mailing list of Big Mountain relocation resistance information (not discussion or debate). To unsubscribe, email redorman@plix.com with "unsubscribe" in the subject header. For Big Mountain and other activist internet resources, visit "The Activist Page" at http://www.plix.com/~users/redorman/index.htm ************************************************* --------- "RE: Dillon Creek Protest" --------- Date: Wed, 1 Oct 1997 08:40:35 +0000 From: "klamath@snowcrest.net (Felice Pace/Lori Coop" Subj: (Fwd) The Latest on Dillon Creek ------- Forwarded Message Follows ------- Dear Folks, There follow press release and letter to Barbara Holder (KNF Supervisor) asking her to decommission the worst roads used to log the Outside TS in Dillon. Any help you can offer at any level (copies have gone to Lyons, Dombeck, etc.) would be appreciated. Felice Pace Klamath Forest Alliance P.O.Box 820 Etna, California 96027 Ph: 916-467-5405 Fax: 916-467-3130 E-mail: klamath@snowcrest.net For Immediate Release For More Information contact Lori Cooper @ 916-467-5405 Activists Call on Forest Supervisor to Decommission Dillon Creek Logging Roads In a letter released today, the Klamath Forest Alliance and seven other California environmental organizations called on the Forest Service to obliterate logging roads associated with a timber sale along the Klamath River in Northwest California. The "Outside Timber Sale" in the Dillon Creek watershed has been controversial since it was first proposed in 1996 under the "clearcut logging rider", a congressional maneuver which suspended environmental laws in order to accelerate logging on national forests across the West. Timber cutting in Dillon Creek continues to be protested by young people associated with Earth First! and a group called "The Dillon Defenders"(see enclosed press release). All through the Summer non-violent protests, including road blockades and arrests, have focused on logging and road building in this remote section of the Klamath National Forest. Protesters are upset because the logging threatens Coho Salmon and other at-risk fisheries in the "wildest unprotected watershed remaining in Northern California" and because the logging is degrading prayer and ceremonial sites sacred to traditional Yurok, Tollowa and Karuk Native Americans. According to observes at the site of the protests near the remote town of Happy Camp, reaction to the protests have recently taken a violent turn. The Siskiyou County Sheriff's Department confirmed that a complaint has been filed against an employee of Scott Timber Company, a subsidiary of Roseburg Lumber of Oregon. The logger allegedly attacked a protestor with a shovel. Spokespersons for the Dillon Defenders also claim that local sheriffs have become violent as well, threatening the protestors with bodily harm and using undue force while making arrests. Felice Pace, executive director of the Klamath Forest Alliance, believes the potential for serious injury to non-violent protestors at Dillon Creek is escalating. Pace called on Supervisor Holder and Siskiyou County Sheriff Charlie Byrd to "provide leadership so that the potential for violence is reduced. Supervisor Holder now has an opportunity to defuse tensions with local Native Americans, local environmentalists and the protestors by acting on our call for obliteration of roads that the Forest Service reconstructed to facilitate logging Dillon Creek," said Pace, adding that "These roads degrade prayer and ceremonial sites and pose a continuing threat to salmon and steelhead stocks which are at risk of extinction." Dillon Creek is one of only six streams in California that continue to support Spring-run Steelhead, a species which requires very high water quality to survive. According to forest scientists, the watershed is part of the largest concentration of Ancient Forests remaining on the West Coast. The World Wildlife Fund (WWF) also recently called for protection of Dillon Creek and the larger Klamath-Siskiyou Wildlands of which it is a part. According to WWF Dillon Creek contains some of the most important low elevation Ancient Forests remaining in the United States. The letter calling for obliteration of Dillon Creek logging roads cites Forest Service failure to maintain the 6,000 miles of logging roads located on the Klamath Forest as an additional reason why forest supervisor Holder should do away with some of the roads in Dillon Creek. The environmentalist letter claims funding for national forest road maintenance is woefully inadequate and that poor maintenance substantially increases the risk to threatened salmon and other fisheries. Lori Cooper, KFA's Forest Protection coordinator, said her organization has audited Forest Service road maintenance logs and found that most logging roads receive little or no annual maintenance. "Unpaved logging roads on steep, landslide-prone slopes are a threat even when they are well maintained", claims Cooper, "they become a much greater risk when they don't receive needed maintenance." Cooper's contention is born out by Forest Service Chief Mike Dombeck who in recent testimony to Congress stated that 60% of the roads on the national forests are not adequately maintained. KFA's Pace claims that the "ball is now in Barbara Holder's court. She can reach out to Native Americans, Fishermen, the Environmental Community and Recreationists by making a commitment to decommission these very bad logging roads or she can choose to stubbornly hang onto roads she knows the Forest Service can not properly maintain." KFA's Cooper summed up the issue "For the good of the salmon and the community," she said "we hope Barbara Holder decides to do the right thing." The Dillon Defenders For Immediate Release For More Information September 29, 1997 707-825-8911 Violence Escalates at Dillon Creek 5 Arrested at Non-violent Protest On September 26, two forest activists locked themselves to the back axle of a junk car blocking Forest Service road 15N19, the only access road to the north side of the Outside Timber Sale. Ten activist gathered to protest the atrocious size and nature of the "Outside Timber Sale." This sale allows lawless logging of endangered species habitat and sacred native American highlands, under the Salvage Rider. The first Forest Service law enforcement officer arrived at 3:00 am, and the protest lasted until after 6:00 am. At first the Forest Service allowed several activists to stay as witnesses for the two women locked down. At 3:45 a Sheriff's deputy arrived and rushed at the activists without warning. When one protester attempted to walk away he was tackled, thrown into a ditch, and sat upon. He was then dragged about 25 yards by his hand cuffs and charged with "assaulting a police officer". Another protester was arrested without being told why. At about 6:00 another individual was arrested, off the road and out of the closure for the crime of holding a video camera. This person was not a part of the action but was merely trying to insure the safety of the non-violent activists. The camera was not captured, and the video will be used in court to defend activists against unjust charges. The road closure they were arrested for violating only allows for Roseburg Timber employees and the Forest Service to stand or drive on 15N19. However, closure of the road extends many miles outside of the timber sale boundaries. The closed road is the only access two major recreation trails and the private property where the Dillon Creek Defenders are living. Shortly after the first arrests were made the Sheriff told Forest Service mechanics to jack up the car and cut the back axle with an acetylene torch. Without giving the two women an opportunity to decide whether to unlock, the mechanics were told to cut within five inches of activist's faces. The women both unlocked for fear of being burnt and blinded. " I was then dragged, sat upon, handcuffed, and dragged by both my hands and my necklace." "I would have walked if given the opportunity" said one of the women. This is only one of the actions in the last month in which non-violent protesters were exposed to unjust violence by the Forest Service, the Sheriffs, and by employees of Scott-Roseburg Timber. Earlier in the week a protester had at least five hundred gallons of water dumped upon him while locked to a water truck. Loggers then dumped shovel loads of dirt upon him as the Forest Service law enforcement watched. This same day a employee of Scott- Roseburg assaulted a observer with a shovel, with no reaction from the Forest Service law enforcement. Weeks earlier a woman was attacked and kicked for grabbing a 30-foot tripod to steady it while a logger was trying to knock a protester off. "There is no doubt in my mind this violence will continue against us, and our rights will continue to be violated by those meant to protect us if the public doesn't speak up," said Meadow, an activist. "We do not plan to bend to a system that allows torture of non-violent protesters, we will continue to defend these sacred highlands." The Dillon Creek Defenders are currently looking for support and legal advice, for more information please call 707-825-8911. Klamath Forest Alliance P.O.Box 820 Etna, California 96027 Ph: 916-467-5405 Fax: 916-467-3130 E-mail: klamath@snowcrest.net Barbara Holder, Forest Supervisor Klamath National Forest 1312 Fairlane Rd. Yreka, CA 96097 September 29, 1997 Dear Barbara: We the undersigned organizations are writing to request that you decommission Road 15N19 (Bear Peak Road, above the Bear Lake/Kelsey Trailhead), and Roads 14N21 and 13N35 (Cedar Camp Road) in order to rectify some of the damage done to the Dillon Creek watershed as a result of recent salvage logging and road reconstruction. Decommissioning these roads would be a very important first step to allow this area to recover from the significant adverse effects it has suffered as a result of logging the Outside Timber Sale and the major road failures which dumped tons of sediment into the watershed. Many of the blowouts on these roads were associated with blocked or undersized culverts. The road maintenance records for the Klamath National Forest irrefutably show that the Forest has a chronic shortfall in road maintenance funding. Since the Forest cannot afford to maintain a large percentage of its road miles, and there are no prospects that funding will increase, it would be prudent to accelerate the decommissioning of some roads, beginning with those roads which pose the greatest threats to the watersheds, as mandated by the Aquatic Conservation Strategy of the Northwest Forest Plan. Bear Peak Road and Cedar Camp Road definitely qualify for decommissioning under the criteria of the Aquatic Conservation Strategy. As you know, the Dillon Creek watershed is extremely important to Spring-run Steelhead in California and holds the best hope for recovery of declining salmon and steelhead populations. There is no good reason to keep these roads open. If you are concerned about access into this area in order to fight fire, please consider that the Forest maintains a sophisticated and very expensive helitac base which is readily available throughout the fire season for initial and sustained attack where roads don't reach. Decommissioned roads provide excellent helicopter landing pads. The decommissioning of the Steinacher Road using a stewardship contract with the Karuk Tribe is one example of when the Klamath National Forest demonstrated that it can both "care for the land" and "serve people." Decommissioning the Bear Peak and Cedar Camp Roads would be another demonstration of doing the right thing. Sincerely, Lori Cooper Paul Spitler Forest Protection Coordinator Executive Director Klamath Forest Alliance California Wilderness Coalition David Edelson Paul Mason Natural Resources Defense Council President EPIC Steven L. Evans Jesse Schwartz Conservation Director Living Tree Community Foods Friends of the River Tracy Katelman Tim McKay Registered Professional Forester Executive Director Trees Foundation Northcoast Environmental Center cc: Jim Lyons USFWS, Yreka NMFS, Eureka Senator Boxer Senator Feinstein Practice the Wild! Check out our web site http://snowcrest.net/klamath Klamath Forest Alliance PO Box 820 Etna, CA 96027 Phone: 916-467-5405 Fax: 916-467-3130 --------- "RE: Protect the Great Lakes" --------- Date: Thu, 2 Oct 1997 00:43:29 -0500 From: Alice McCombs Subject: ACTION ALERT: Protect the Great Lakes and Mississippi Watersheds Mailing List: NativeWeb October 2, 1997 Global Campaign to Protect Our World's Water: Protect the Great Lakes and Mississippi Watersheds from destruction by a Multinational Sulfide Mining District Sample Letter to Great Lakes/Mississippi River Governors/Members of Congress with Talking Points and Addresses Great Lakes/Mississippi River Governors to write to Great Lakes/Mississippi River members of U.S. Congress to Contact where to cc your letter --------------------------------------------------- Sample Letter to Great Lakes/Mississippi Governors and U.S. members of Congress Dear Governor ________________ / Senator / Representative: I am writing to express my support for applying the Water Resources Development Act of 1986 to Crandon Mining Company's (CMC) proposal to divert 1-2 million gallons of water per day out of the Great Lakes basin for over 30 years. I also want to express my opposition to the state of Wisconsin's claim of sole jurisdiction over this clearly regional issue and the potentially dangerous precedent of legally separating groundwater from the rest of the Great Lakes hydrologic system. The Water Resources Development Act of 1986 was developed to respond to proposals like CMC's. Great Lakes citizens want their water to remain in the Great Lakes basin. Further, all American citizens of the Great Lakes, our popularly elected Governors, and members of Congress should have a say in this regional issue. That was the intent of the WRDA, and CMC is attempting to skirt this legislation under a legal loophole. Despite the fact the Army Corps has authority to protect this nation's waters and wetlands, the Army Corps recently decided WRDA does not apply to CMC's proposal. Enforcement of the WRDA will properly address this important responsibility. Scientific studies support the hydrologic connection between groundwater and surface water for policy and environmental protection purposes, and you now have an opportunity to further strengthen this relationship. The diversion, if permitted, could create a number of unfortunate precedents that would have repercussions on water resource policy throughout the Great Lakes basin. Other multinational mining corporations such as BHP have leased over 300,000 acres of land in North Wisconsin for mineral exploration and prospecting. If the precedent of allowing CMC's proposed interbasin transfer is allowed, other mining companies would also potentially be able to use interbasin transfers for their wastewater discharges. For the sake of our nation's waters, citizens, and future generations, I urge you to use the full authority of your office to ensure that WRDA is applied to CMC's mining proposal to protect the Great Lakes and Mississippi Watersheds from contamination and drawdown by metallic sulfide mining. Sincerely... Some additional points or ideas for you to consider for your letter: - The Great Lakes comprise 20% of the World's remaining fresh water. - The Great Lakes are a non-renewable resource-99% of their waters were left behind by glaciers almost 20,000 years ago. This means that any additional diversion of water can have major impacts. - Consumption of Great Lakes waters by agriculture and manufacturing continues to rise. And as the population increases throughout the basin, in Canada and the U.S., municipal drinking water rates will continue to soar. Worldwatch Institute warned in 1996 that we are "unsustainably mining what was once a renewable resource." - Diversions of Great Lakes water permanently lower Lake levels. The results of lower levels include: + Lower water quality from less dilution potential and from newly exposed contaminated sediments, + Loss of wetland functions such as filtering of contaminants and habitat for wildlife, + Negative impacts to recreational and commercial fishing and boating, + Negative impacts to domestic and industrial plants who treat and use Great Lakes water + Loss of water flow available to hydroelectric plants. + Costly legal battles between competing jurisdictions over use and availability of this non-renewable resource will begin to erupt. + It is technically feasible for extraction interests like CMC to return uncontaminated water to the Great Lakes basin; it simply costs more money to comply with non-pollution standards than simply to dilute and dump it into a less protected waterway, in this case, the Wisconsin River. ------------------------------------------- Where to send and cc your letter Great Lakes & Mississippi River Governors (Minnesota, Wisconsin, Michigan, Illinois, Indiana, Ohio, Pennsylvania, New York, Iowa, Missouri, Kentucky, Tennessee, Arkansas, Louisiana, and Mississippi) to write to: Illinois Governor Jim Edgar 207 Statehouse Springfield IL 62706 governor@state.il.us Indiana Governor Evan Bayh 206 State House Indianapolis IN 46204 http://www.ai.org/cgi-bin/gov/cgi-bin/gov_mail.pl Michigan Governor John M. Engler Olds Plaza111 S Capitol Lansing MI 48953 migov@mail.state.mi.us Minnesota Governor Arne Carlson 130 State Capitol Bldg. Aurora Ave St. Paul MN 55155 governor@state.mn.us Ohio Governor George Voinovich 77 S High St30th FloorColumbus OH 43266 govvoinovich@gov.state.oh.us Pennsylvania Governor Thomas J. Ridge 225 Capitol Building Harrisburg PA 17120 http://www.state.pa.us/PA_Exec/Governor/govmail.html New York Governor George Pataki Executive Chamber State Capitol Albany NY 12224 Phone: (518)478-8390 Governor Pataki has no email address listed. You might want to send email letters to: NY State Senator Carl Marcellino,Chair, Senate Environmental Committee MARCELLI@SENATE.STATE.NY.US and/or NY State Representative Richard L. Brodsky, Chair Assembly Standing Committee on Environmental Conservation brodskr@assembly.state.ny.us Wisconsin Governor Tommy G. Thompson Office of the Governor Room 115 East, State Capitol Madison, WI 53702 Ph: 608-266-1212 FAX: 608-267-8983 wisgov@mail.state.wi.us Iowa Governor Terry Branstad General.office@igov.state.ia.us Missouri Governor Mel Carnahan mogov@mail.state.us.mo.us Kentucky Governor Paul E. PattonGovernor's Office Frankfort, KY 40601 governor@mail.state.ky.us Tennessee Governor Don Sundquist dsundquist@mail.state.tn.us Arkansas Governor Mike Huckabee http://www.state.ar.us/governor/governor.html Louisiana Governor M. J. "Mike" Foster, Jr. Office of the Governor P.O. Box 94004 Baton Rouge, LA 70804-9004 Mississippi Governor Kirk Fordice governor@govoff.state.ms.us To Contact U.S. Senators & Representatives for the Great Lakes/Mississippi River (Minnesota, Wisconsin, Michigan, Illinois, Indiana, Ohio, Pennsylvania, New York, Iowa, Missouri, Kentucky, Tennessee, Arkansas, Louisiana, and Mississippi): Call your U.S. Senators and Representative Toll-Free at 888-723-5246. Once you get the switchboard ask for your Congressperson or Senator and they will connect you to their office. To contact U.S. Senators visit http://www.yahoo.com/Government/Legislative_Branch/Senate/Senators/By_State and follow the links to each state To Contact U.S. Representatives visit http://www.house.gov/writerep/ and follow the links to each state If you live in Wisconsin cc a copy of the letter to your WI State Representative. You can call the Legislative hotline Toll-free, 1-800-362-9742, to learn the name, district, and address of your state representative. To send postal mail: For Legislators whose last name begins with A-L Representative State Capitol P.O. Box 8952 Madison, WI 53708-8952 For Legislators whose last name begins with M-Z Representative State Capitol P.O. Box 8953 Madison, WI 53708-8953 WI Representative Toll Free Numbers & Email Addresses may be found at http://www.earthwins.com/wiass.html Re cc's Please cc your letter to these federal and WI state officials president@whitehouse.gov, vicepresident@whitehouse.gov, senator@feingold.senate.gov, senator_kohl@kohl.senate.gov, mneumann@hr.house.gov, badger02@hr.house.gov, jerry4wi@mail.house.gov, sensen09@hr.house.gov, ron.kind@mail.house.gov, telltom@hr.house.gov, jay.johnson@mail.house.gov, BROWNER.CAROL@EPAMAIL.EPA.GOV, adamkus.valdas@epamail.epa.gov, cozza.Daniel@epamail.epa.gov, John.M.Wonsik.COL@MVP01.usace.army.mil, David.L.Ballman@MVP01.usace.army.mil, William.J.Breyfogle.LTC@MVP01.usace.army.mil, Mark.S.Meyers@MVP01.usace.army.mil, Jon.K.Ahlness@MVP01.usace.army.mil, Sen.Breske@legis.state.wi.us, Rep.Seratti@legis.state.wi.us, meyerg@dnr.state.wi.us, drucks@dnr.state.wi.us, tansw@dnr.state.wi.us, carlsc@dnr.state.wi.us, lynchl@dnr.state.wi.us, mackd@dnr.state.wi.us, johnsdm@dnr.state.wi.us, kavane@dnr.state.wi.us, markak@dnr.state.wi.us, fitzgc@dnr.state.wi.us and national media: stbailey@nytimes.com dateline@nbc.com and EarthWINS@earthwins.com Thank You! -------------------------------------------------- Mining Impact Coalition of WI Inc., a 501(c)(3) charitable organization, is working with EarthWINS on the Global Campaign to Protect Our World's Water. If you would like to make a contribution you can send a check made out to Mining Impact Coalition of WI Inc. to: Treasurer Mining Impact Coalition of Wisconsin Inc. P.O. Box 573 Shawano, WI 54166 For more information about Exxon's proposed Wolf River mine visit http://www.earthwins.com ****************************************************** "People have the power to redeem the work of fools." Patti Smith For Mother Earth. . . For Humanity. . . Alice I. McCombs P.O. Box 573 Shawano, WI 54166 Ph: 715-524-5998 FAX (Phone first): 715-524-9958 earthwins@earthwins.com www.earthwins.com When EarthWINS, Everybody Wins! --------- "RE: Smear Campaign Continues" --------- Date: Sat, 4 Oct 1997 09:58:56 -0700 From: "S.I.S.I.S." Subj: Gustafsen/Attica: Smear campaign continues :-:-:-:S.I.S.I.S. Settlers In Support of Indigenous Sovereignty:-:-:-: Oct. 2, 1997 Backgrounder ---<< THE ATTICA REBELLION >>--- Recently, as part of a New York City mayoralty race, the Democratic hopeful was attacked on the grounds that she supposedly hosted a social gathering 20 years ago for Dacajewiah aka John Hill, an Attica resister. This story has been picked up by the Canadian media. (See the Sept. 24, 1997 Vancouver Sun article, "BC Man in NY Mayoral Fight", by Stewart Bell.) This latest media attention seems intended to further discredit and smear both the Attica rebellion and the summer 1995 stand by Ts'peten Defenders at Gustafsen Lake, in particular Dacajewiah's involvement in both events. Yet Attica, like Gustafsen Lake, was an historic rising of people against oppression and state terror. For those who may not know of the Attica rebellion we offer the following piece, with thanks to Bulldozer and Prison News Service, and honour and appreciation to Dacajewiah, the Attica resisters, the Ts'peten Defenders and to Freedom Fighters and Resisters in whatever prisons they currently struggle against. :-:-:-:-:-:-:-:-:-:-:-:-:Forwarded Message-:-:-:-:-:-:-:-:-:-:-:-:-: THE ATTICA PRISON REBELLION The Attica prison rebellion in September 1971 was one of the seminal political events of the early 1970s. The shooting down of defenseless prisoners, and their guard-hostages, shocked anyone with a political consciousness or humanitarian sensibility. The uprising took place shortly after the killing of George Jackson in California, and in the context of riots, strikes and massive resistance from prisoners around the country. The incredible sacrifice of the Attica prisoners helped to initiate a wave of reforms resulted in better prison conditions and changed attitudes to prisons across the country. It is these reforms, won with much suffering, that are being reversed in today's reactionary climate. Prisoners seized control of Attica on September 9, 1971 in response to the horrific conditions which they had to endure. There was massive overcrowding. Racism and guard brutality were rampant. Rehabilitation programs were virtually non-existent. Food was of poor quality and the heavy reliance on pork made it offensive, and inedible to the Muslims. Prison work paid poorly, and many prisoners were unemployed. Medical care was virtually unavailable. In what would become the greatest prison rebellion in the history of the U.S. the prisoners held the yard until September 13. During these four days the prisoners constructed a model society, protected their hostages, and tried to negotiate with prison officials in front of the eyes of the watching world. During these four days many observers were allowed into the prison, as was a film crew which took the footage of the unfolding rebellion which would later become the movie "Attica." The prisoners proclaimed: "WE are MEN! We are not beasts and do not intend to be beaten or driven as such. The entire prison populace has set forth to change forever the ruthless brutalization and disregard for the lives of the prisoners here and throughout the United States. What has happened here is but the sound before the fury of those who are oppressed." On September 13th, Governor Nelson Rockefeller ordered a force of 150 heavily armed New York state troopers, prison guards and police to launch an armed attack against the prisoners, who still held 39 guards hostage. 29 prisoners and ten guards died. In addition, 85 prisoners and 3 hostages were injured. After the shooting stopped, the brutality directed against the prisoners was intense and systematic. It was overseen by some of the top prison officials, including Russell Oswald, the Commissioner of Prisons for the state. Prisoners were forced to strip naked and crawl through mud and broken glass. Selected prisoners were forced to run a gauntlet of club-wielding guards. Wounded prisoners were beaten as they lay on stretchers scattered around the prison. Dacajewiah was smashed in the head with a rifle butt and thrown off a 40-foot catwalk, miraculously surviving. Ambulances were waiting to take away the guard-hostages, but none were available for the wounded prisoners for 7 hours. In fact, no preparations at all had been made for medical care for (expected) prisoner-casualties: no blood, no plasma, no medical supplies. Dacajewiah was singled out and charged for the death of the one guard who had died at the beginning of the uprising. He was convicted of murder in April of 1975 and sentenced to 20 years to life. A little later, a national scandal broke out when it was reported by Malcolm Bell, a New York Times reporter, that governor Rockefeller ordered his head of criminal investigations to suppress all evidence of the events at Attica which were to be presented before the second grand jury slated to investigate the extra-judicial tortures and murders that occurred after the initial massacre. Shortly after this, a commission ordered the book on Attica closed, enacted the dismissal of all pending charges against any prisoners charged in connection to the rebellion, a blanket amnesty against all the state troopers responsible for carrying out the massacre, and the granting of executive clemency for Dacajewiah. But the state continued Dacajewiah's incarceration in spite of the commutation of his sentence. This led to a major campaign to free him. The campaign was supported by liberals, progressives and radicals across the U.S. It became one of the major political drives of the late 1970s. Dacajewiah spent three more years in prison before his 1979 release, when he made it on Andrew Young's list of U.S. political prisoners under the Carter Administration. - Compiled from Prison News Service archives :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL : 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: Native Prisoner" --------- Date: Thu, 9 Oct 97 08:00 -0500 From: Janet Smith (evestar@juno.com) Subj: Contacting those in the Ironhouse UUCP email More Native Americans who are incarcerated in prisons around the country and who want correspondents from among Native People. I don't make distinctions between those who may be imprisoned for real crimes and those who may have been guilty of nothing more than being Indian. For this reason, I do encourage correspondents to