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Obama takes on freedmen issue
By JIM MYERS World Washington
Bureau
5/11/2008
The senator believes the courts, not Congress, should
resolve the controversy.
WASHINGTON -- U.S. Sen. and Democratic presidential
front-runner Barack Obama has come out against any congressional interference
"at this point" in the ongoing controversy over Cherokee Nation
citizenship for descendants of former slaves.
"Tribal sovereignty must mean that the place to resolve
intertribal disputes is the tribe itself," the Illinois lawmaker said in a statement
provided Saturday by his Senate office.
"Our nation has learned with tragic results that
federal intervention in internal matters of Indian tribes is rarely productive
. . . This is not a legacy we want to continue."
However, speaking directly to the Cherokee Nation issue,
Obama also expressed opposition to unwarranted tribal disenrollment and
described discrimination anywhere as intolerable.
"But the Cherokee(s) are dealing with this issue in
both tribal and federal courts," he said.
"As it stands, the rights of the Cherokee Freedmen are
not being abrogated because there is an injunction in place that ensures the
freedmans' rights to programs during the pendency of the litigation. I do not
support efforts to undermine these legal processes and impose a congressional
solution."
76-year-old Sioux man to run Boston Marathon
By Michael Morton
GateHouse News Service
Posted Apr 19, 2008 @ 04:10 PM
Hopkinton, Mass.
— Taking a break from crossing America
on foot, runner No. 26,737 is scheduled to step to the Boston Marathon starting
line Monday for another journey of the soul.
Before departing, he hopes to make a small tobacco offering
to the ancestors and the spirits. He plans to tuck sage under each heel for
good luck and will likely don his bear-claw necklace, a symbol of courage.
Then 76-year-old Emmett "His Many Lightnings"
Eastman will run. Run to mark another milestone in his life. Run in memory of a
dead friend. And run to inspire his Dakota Sioux tribe and other American
Indians.
"It's more than just running," he said during a
visit to the starting area. "It's like carrying a message and representing
our people."
Eastman first came to Boston's
historic race in 1972, seeking to mark his 40th birthday by running the
signature event despite never having entered a race longer than 2 miles.
He didn't realize until the event drew near that athletes
had to qualify beforehand, and when he told the Boston Athletic Association's
director that he would run without a bib number, he was told he would be thrown
in the "clink."
After the media got wind of the threat, the director
relented and said the association would let Eastman run as a goodwill gesture.
He will also be
running in memory of his friend Floyd "Red Crow" Westerman, who died
from leukemia complications in December. Westerman, a Dakota musician and
activist, also played the character Ten Bears in the movie "Dances with
Wolves."
When the race is over, the 76-year-old will rejoin the
Longest Walk II, a group that is crossing America on foot asking that sacred
American Indian sites be protected.
Tribe May Get Part Of Badlands
The National Park Service is considering management changes
that could provide the Oglala Sioux Tribe with control of the South Unit of
Badlands National Park.
One option is complete return of the area to the tribe. It's
an apparently unprecedented set of proposals that, at least symbolically, would
represent a reversal of the centuries-old tradition of land grabs by the U.S.
government.
The proposal holds hope of economic development, cultural
preservation and pride to some leaders of a reservation known for rampant
alcoholism, poverty and joblessness.
Others worry, however, about handing roughly half of a
national park to a tribe with a history of turmoil.
Cherokees to take over Hastings
Press staff reports
TAHLEQUAH DAILY PRESS —
Cherokee Nation announced today its decision to assume
operations at W.W.
Hastings Indian
Hospital, which is
currently under the umbrella of the Indian Health Service.
Principal Chief Chad Smith promised to create a
“comprehensive, integrated health care system” to provide improved care for
patients.
“Most other large tribes in the Oklahoma area operate the Indian hospitals
in their jurisdictional boundaries,” Smith said. “This has proved effective for
improving patient care and reducing waste and redundancy in the system.”
Smiths said in such cases, patients report the health care
system is easier to use and confusion over services decreases.
Tribe looks to sever ties with state after slots veto
By Aimee Dolloff
Thursday, April 17, 2008 - Bangor Daily News
The governor’s veto of the bill to allow the Penobscot
Nation to operate slot machines at its Indian Island
high-stakes beano facility and the Legislature’s failure to overturn that
decision was "the last nail in the coffin" for tribal officials.
Penobscot Chief Kirk Francis said Wednesday that he’s ready to dissolve the
Penobscots’ relationship with the state in order to move forward in the tribe’s
best interest.
"This relationship’s brought nothing but
disappointment," Francis said. "We’re going to go through our tribal
process and legislate our own future. I’m not going to spend any more time in Augusta talking about
these issues to an administration that quite frankly just doesn’t care."
Francis is attending a conference in Texas, but said by phone Wednesday that he
and the Penobscot Tribal Council and other leaders will review the tribe’s
position when he returns. The Penobscots are considered a sovereign nation that
has control over its internal tribal matters.
Illegal immigrant pleads guilty in case of unrecognized
tribe
By ROXANA HEGEMAN
The Associated Press
WICHITA, Kan. | An illegal immigrant charged in the
government's case against the Kaweah Indian Nation told a federal judge on
Monday that he falsely claimed he was a U.S. citizen.
Jaime Cervantes was the first defendant to plead guilty in
the government's prosecution of a Wichita
group that claims to be an American Indian tribe. The Kaweah Indian Nation is
charged in an alleged scheme to sell tribal memberships to illegal immigrants
under the guise the documents would grant them U.S. citizenship.
Cervantes pleaded guilty Monday to a single count of
submitting an application on June 8, 2007, for an original Social Security card
in which he falsely claimed to be a U.S. citizen. In return for his
plea, prosecutors agreed to recommend a sentence of time served and agreed to
dismiss another related count against him.
U.S. District Judge Wesley Brown set sentencing for June 30.
Federal prosecutors initially charged Kaweah Indian Nation
and a dozen people in September 2007. Charges against one defendant, Raynal
Williams, were subsequently dropped at the request of prosecutors.
Still no verdict in trial of raid on smoke-shop
01:00 AM EDT on Friday, April 4, 2008
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE
— A Superior Court jury failed to reach a verdict again yesterday in the
criminal trial of seven Narragansett Indians arrested when the state police
raided a tribal smoke shop in July 2003.
The seven women and five men began deliberating Tuesday
afternoon and were excused Wednesday after a putting in a full day. Judge Susan
E. McGuirl advised them to go home and “clear their heads.”
During the deliberations Wednesday, the panel gave the judge
two notes, the first saying it had reached agreement on 12 counts, but wanted
clarification on the application of self-defense, according to lawyer Gary
Pelletier, who is part of the team representing six of the tribe members.
Shortly after receiving the clarification, they sent McGuirl another note
saying they were deadlocked on everything, he said.
CBC warns Reid on Cherokee funds
By Kevin Bogardus
Posted: 04/03/08 05:13 PM [ET]
Members of the Congressional Black Caucus have promised
Senate Majority Leader Harry Reid (D-Nev.) that they will try to block a Native
American housing assistance bill if the measure does not include language that
prevents the Cherokee Nation of Oklahoma from receiving any of the benefits.
The House included such a prohibition in its Indian housing
assistance bill passed in September. But the Senate version does not include
similar language.
“We are writing to advise you that members of the CBC will
not support, and will actively oppose, passage of a [Native American housing
assistance] bill that does not include this limitation,” the CBC stated in a
letter sent to Reid on March 13.
The dispute between the CBC and the Cherokee Nation arose
last year after the tribe amended its constitution to exclude the Freedmen — a
group of freed slaves who have been members since the Civil-War era – from
tribal membership. Black lawmakers have charged the tribe is ignoring the
Treaty of 1886, an agreement the Cherokees signed with the U.S. government
that gave tribal citizenship to the Freedmen.
“We must send the unequivocal message to the Cherokee Nation
of Oklahoma that failure to provide full citizenship rights to the Cherokee
Freedmen will have severe consequences,” CBC members wrote Reid.
Navajo Nation's Internet Service to Be Cut Off
Thursday, April 03, 2008
ALBUQUERQUE,
N.M. — A Utah-based company that provides public
Internet access to the Navajo Nation plans to shut off the tribe's service
Monday, leaving thousands of Navajos without online access to do school work,
post community announcements or communicate with others across the 27,000
square-mile reservation.
"It's going to be a sad day," said Ernest
Franklin, director of the tribe's Telecommunications Regulatory Commission.
The shutdown stems from a decision by Universal Service
Administration Company — which administers the E-rate program under the Federal
Communications Commission — to withhold $2.1 million in reimbursement funds to
OnSat Network Communications Inc. over concerns about a federal audit of the
Utah-based company.
The E-rate program reimburses between 85 percent and 90
percent of the costs for Internet services to the tribe's chapter houses, which
operate like city governments. The Navajo Nation covers the rest.
Because of the delay in payment, an attorney for OnSat said
it can't pay a subcontractor — SES Americom — for satellite time.
Clinton
says he would commit to Indian Country
By RICHARD PETERSON
For the Tribune
HAVRE — If his wife is elected president in November, former
President Bill Clinton said he'd make it his personal responsibility to tackle
the issues that are important to Native Americans.
The former president, campaigning in Havre for New York Sen.
Hillary Clinton, made the pledge to about 30 Montana tribal leaders in a private meeting
before his morning speech in the MSU-Northern Armory Gymnasium.
The meeting was attended by tribal leaders from the
Blackfeet, Fort Peck,
Fort Belknap, Chippewa-Cree and Little Shell
tribes.
His commitment to the tribes at the hour-long meeting
surprised some leaders who've been dissatisfied with the Bush administration's
Native American policies during the past seven years.
"He said if she's elected, he'll commit himself to the
concerns of Indian Country. It was a profound statement," said Fort Peck
Tribal Councilman Tom Christian, who attended the meeting. "He said as a
president, he never had time to pursue the things that needed to be done for
Indians. I felt he was sincerely committed to that statement."
Jury begins deliberations in smoke shop case
01:00 AM EDT on Wednesday, April 2, 2008
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE
— The cases against seven Narragansett Indians arrested during a state police
raid on a tribal smoke shop are in the hands of a Superior Court jury.
Seven women and five men deliberated about four hours
yesterday afternoon after receiving more than an hour of instructions from
Judge Susan E. McGuirl.
“You are to make this decision based on the evidence and the
facts,” McGuirl said. Race, sympathy, prejudice or compassion do not play any
role, she said.
In all, jurors will weigh 17 misdemeanor counts against
seven tribal members, including the tribe’s leader, Chief Sachem Matthew
Thomas.
The Narragansetts began selling tax-free cigarettes from a
shop on tribal land in Charlestown
in July 2003, over Governor Carcieri’s objections. Dozens of state police
executed a search warrant on the roadside store two days later to stop the
tribe from selling tobacco without charging Rhode Island taxes. The action turned into a
confrontation, captured by TV news crews and photographers.
All but one of the tribal members face a combination of
charges that include resisting arrest, disorderly conduct, simple assault and
obstruction of a police officer.
McGuirl instructed the jury that it is illegal to resist a
lawful or unlawful arrest in Rhode
Island. However, she said, an arrestee has the right
to use reasonable force to resist an arrest in which an officer is using
excessive force.
More than 200
Rosebud cases dropped
Police officers
were not properly certified
By Steve Miller,
Journal staff Tuesday, April 01, 2008
More than 200
criminal cases have been dismissed in Rosebud Sioux Tribe courts because tribal
police officers were not properly certified, according to a tribal judiciary
official. The Rosebud police certification problem is being used to challenge three
criminal cases in federal court.
James Henry, a
Rosebud Sioux Tribe Council member and chairman of the tribal judiciary
committee, said many of the tribal police officers were operating without
tribal police certification, beginning about 1999.
In tribal court,
at least 217 cases already have been dismissed because arresting officers were
not certified as tribal officers, Henry said.
“That’s probably
going to triple,” he said.
Henry said a 1991
tribal ordinance requires tribal law enforcement officers to be certified. He
said many of the tribe’s more than 30 officers let their certification lapse.
He said some officers apparently had the misconception they didn’t have to
renew their certificates. But the tribal ordinance requires recertification
every two years.
Jury to decide smoke shop case
Updated: March 31, 2008 03:31 PM CDT
PROVIDENCE, R.I. (AP) - Closing arguments have ended in the
trial of seven Narragansett Indians arrested during a 2003 state police raid on
a tribal smoke shop.
A jury will begin deliberating Tuesday after getting
instructions from a judge. Prosecutor Maria Deaton says the Narragansetts
instigated the violent skirmish by shoving, kicking and even choking state
troopers who attempted to shut down the tax-free shop.
But defense lawyers said state police used too much force
and called the raid politically motivated. They said the state police could
have used less-confrontation tactics, but chose a daylight raid to send a
message to the tribe that the shop would not be tolerated.
American Indian Week kicks off at NMSU
By Jason Gibbs/Sun-News reporter
Article Launched: 04/01/2008 12:00:00 AM MDT
LAS CRUCES
— They were only a dozen or so strong, but they carried the weight of many
tribal nations.
Students from the New
Mexico State University's American Indian Program
gathered Monday on the International Mall to kick off the university's 44th
annual American Indian Week. With traditional drums blaring from a modern
stereo, they strode across campus, inviting other students to join them and to
learn more about American Indian tradition and culture.
"Not very many people have knowledge about our
traditions," said Kandis Realbird, 24, a member of the Crow nation from Montana. "They are
different in their languages and traditional styles."
Cherokees seeking kids for Healthy Nation Camp
By Staff Reports
4/1/2008
The Cherokee Nation is accepting applications for a weeklong
Healthy Nation Camp beginning this summer for American Indian youth.
The camp will run June 9-13 on the campus of Rogers State
University in Claremore
and will feature a wide range of fitness activities that promote better health.
Participants will take part in team-building activities,
games, cultural activities and health, swimming and exercise classes.
The camp is open for American Indians ages 9 to 12.
All applicants must live in the 14-county jurisdictional
area of the Cherokee Nation and be willing to participate in all activities
during the week.
Dorm-style sleeping arrangements and all meals will be
provided.
There is no cost to participate.
Registration is limited to the first 40 girls and the first
40 boys to apply.
For more information, call (918) 434-8500, ext. 8622.
Blackfeet Indians Offer Nation's Highest Honor to L. Ron
Hubbard
for Changing America's
View of The Old West and Indians Before Dances with Wolves, there was Buckskin Brigades
By Galaxy Press
BROWNING, Mont., March 25 --Amidst the steady beat of tribal
drums and ceremonial chants of Montana's Blackfeet Indians, leaders of that
proud nation recently honored their blood brother and champion, L. Ron Hubbard,
with the Blackfeet Indian war bonnet, the highest honor that can be received
for any person.
The ceremony marked the Blackfeet Indian's acknowledgement
of L. Ron Hubbard's accurate and moving portrayal of the Montana natives in novels that date back to
the Golden Age of fiction in the 1930s.
"This was a very spiritual and educational experience
for all that attended," said Larry Grounds, Blackfeet Nation cultural
advisor, who together with his brother Rick Grounds, Blackfeet medicine man and
Al Potts, Blackfeet Spiritual Advisor, oversaw the ceremony. "Through the
passing of the war bonnet there was a unity of Hubbard's spirit and the Pikuni
(the Blackfeet) nation," Larry Grounds concluded.
Tribe says water legislation would violate its fishing
rights
Associated Press - March 25, 2008 10:54 AM ET
TRAVERSE CITY, Mich. (AP) - Indian tribes in northern Michigan say water withdrawal bills pending
in the Legislature could violate their rights by reducing fish populations.
The bills establish a mechanism for regulating high-volume
water removal for commercial uses, such as farming and manufacturing. How much
water could be taken from certain rivers and streams would depend on how fish
are affected.
The bills are related to a proposed interstate compact to
prevent diversion of Great Lakes waters to
other regions.
In a recent letter to legislative leaders, the Grand Traverse
Band of Ottawa and Chippewa Indians says the tribe has a fishing right
guaranteed by treaty and an agreement reached with the state last year.
It says that right would be jeopardized by legislation
allowing water withdrawals that would harm fish.
Two tribes awarded grants to study wildlife, aquatic
habitats
By John Holyoke
Tuesday, March 25, 2008 - Bangor Daily News
Two Maine Native American tribes are among the three New England recipients of cash grants that were announced
Friday by the U.S. Secretary of the Interior, and those grants should pay
dividends for all Mainers.
The grants were part of $6.2 million in Native American
conservation projects in 18 states under the Tribal Wildlife Grant program.
According to a news release, the Aroostook Band of Micmacs
will receive almost $49,000 for a project focusing on wildlife habitat and
species diversity of tribal trust land. The tribe will plant wild and
cultivated apple trees and high-bush cranberries that will provide food and
habitat for a variety of species.
The Houlton Band of Maliseet Indians will receive more than
$114,000 to study the aquatic habitat of the Meduxnekeag watershed.
Tribe’s lawyer advised that shop was legal
01:00 AM EDT on Wednesday, March 26, 2008
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE
— A lawyer for the Narragansett Indian tribe testified yesterday he advised the
Narragansetts they were entitled to open a tax-free smoke shop.
“I told [Chief Sachem Matthew Thomas] they had the legal
right as a sovereign government to open a smoke shop,” John F. Killoy said in
Superior Court.
Killoy took the stand on the 15th day of trial for seven
Narragansetts accused of resisting and scuffling with state police as they
executed a search warrant to stop the tribe from selling tax-free tobacco in
July 2003.
Killoy could not recall exactly when he gave his advice, but
estimated between April and July 2003. The tribe, he said, had voted at a
tribal assembly meeting in April or May to sell untaxed cigarettes.
A series of meetings with Governor Carcieri and his staff
followed, as well as correspondence from state tax officials. The tribe opened
the shop, over Carcieri’s objections, July 12, 2003.
Narragansett Tribe Members Take Stand in Their own Defense
PROVIDENCE,
R.I. (AP) -- Members of the
Narragansett Indian Tribe took the stand in their own defense after being
arrested during a 2003 state police raid on a tribal smoke shop.
Thawn Harris, a tribal police officer, told jurors Wednesday
that he was slammed into a car by a state trooper after trying to block another
trooper from entering the shop. Adam Jennings said his ankle was broken by a
trooper as he was trying to leave the shop during the raid.
Harris and Jennings
are among the seven Narragansetts on trial on misdemeanor charges. They are
accused of either resisting arrest or scuffling with troopers who raided the
smoke shop in July 2003 because it wasn't collecting state taxes.
Chief Sachem Matthew Thomas is also expected to take the
stand.
Mother claims
tribal cops negligent in son’s death
By Katie Brown,
Journal staff Thursday, March 27, 2008
A civil trial
continued Wednesday in U.S. District Court involving a woman suing the U.S.
Bureau of Indian Affairs, saying tribal law enforcement's negligence caused a
2002 car crash in Pine Ridge that killed her 36-year-old son. Nathan Vaughn
Dreamer, 36, died Feb. 25, 2002, as the result of injuries from a Jan. 7 car
crash.
Norma Blacksmith,
Dreamer's mother and administrator of his estate, filed a claim accusing the
Oglala Sioux Tribe Department of Public Safety -- which is run by the BIA -- of
negligence in the crash.
Blacksmith filed
the claim in May 2003, and the BIA denied her compensation of $900,000 in 2005.
She then proceeded with the suit.
Court documents
said Dreamer was driving in the Pine Ridge area Jan. 7, 2002, when he noticed a
police car following him with its lights flashing.
Dreamer continued
driving.
Blacksmith's
claim alleges that the patrol car, driven by Officer Dan Crazy Thunder, reached
Dreamer's car, struck it and caused Dreamer to lose control, go through a ditch
and into a dry creek bed, striking an embankment.
Court documents
said authorities were pursuing Dreamer because of a report that he had
brandished a knife at a home in Oglala Housing.
Standoff at Lac du Flambeau reservation ends peacefully
Associated Press - March 26, 2008 8:55 PM ET
LAC DU FLAMBEAU, Wis. (AP) - Members of the Lac du Flambeau
Band of Lake Superior Chippewa locked
themselves in a tribal center for at least 14 hours today. The finally came out
after federal officials agreed to investigate allegations of corruption among
tribal leaders.
The Vilas County Sheriff's Department says the standoff
ended peacefully about 3:45 p.m.
Chief Deputy Joe Fath says 10 members of the group were
arrested on tentative charges of criminal trespass. All 10 are expected to make
initial court appearances.
About 75 people outside the center cheered when Fath
announced that the U.S. Department of Justice and U.S. attorney's office agreed to
look into the complaints.
Tribal Vice President Dee Mayo says she welcomes the
scrutiny, promising no money was missing and all the tribe's spending was
properly approved.
Nation still wants full 17,000 acres
By:JODY McNICHOL, Dispatch Staff Writer
03/25/2008
ONEIDA
- The Oneida Indian Nation disagrees with the Bureau of Indian Affairs'
recommendation that 13,086 acres of Nation land be but into federal trust. The
tribe wants all 17,370 acres of its land to be held by the federal government.
The tribe filed its opinion on Monday as the 30-day comment
period came to an end.
Federal trust land, held for the use of an Indian tribe, is
not subject to regulation or taxation by school districts or local, state or
county governments.
The final decision on how much and what land will be put in
trust will be made by James Cason, deputy associate secretary of the Interior,
at any time starting today. After the decision is made, there will a 30-day
window to file an appeal.
The towns of Vernon and Verona, and Upstate Citizens for Equality have all
indicated they would file appeals, the City of Oneida
and Madison and Oneida counties are among the groups that
have said they'll consider it..
Testimony to resume in smoke shop raid trial
AP March 25, 2008
PROVIDENCE, R.I.—Testimony is due to resume in the trial
of seven Narragansett Indians arrested during a 2003 state police raid on a
tribal smoke shop.
more stories like
thisDefense lawyers began calling witnesses last week after an unsuccessful
attempt to get all charges dropped midway through the trial. The trial
continues Tuesday in Providence Superior Court.
The seven
Narragansetts are accused of resisting arrest or scuffling with state police
officers who raided the shop in July 2003 to stop it from selling tax-free
cigarettes.
The trial opened
last month, with state police officers detailing their skirmishes with tribe
members.
Prosecutors
rested their case last week. Among the expected defense witnesses is Narragansett
Chief Sachem Matthew Thomas, who'll take the stand sometime this week
Five Makah Tribe whalers to plead guilty for killing gray
whale
Associated Press - March 24, 2008 5:13 PM ET
SEATTLE (AP) - Five members of a Washington state Indian tribe have agreed to
plead guilty for killing a gray whale during a rogue hunt off the state's
northwest coast.
The attorney for the members of the Makah Tribe says in
exchange for the plea today federal authorities have agreed not to recommend
jail time. They each faced up to a year in prison and a $100,000 fine for
violating the Marine Mammal Protection Act when they killed the whale in
September.
The Makah last had a legal whale hunt in 1999, but their
efforts to resume the hunts remains tied up by court challenges.
Navajo council overrides president's emergency spending veto
By SUSAN MONTOYA BRYAN
Associated Press writer Tuesday, March 25, 2008
ALBUQUERQUE,
N.M. -- A spat over emergency
spending on the Navajo Nation has boiled over now that the Tribal Council has
overturned a presidential veto after being warned by the president that other
projects could be compromised if the spending was approved.
Navajo President Joe Shirley Jr. vetoed a more than $17
million appropriation earlier this month that was meant to provide relief for a
weather emergency because tribal delegates had tacked on millions of dollars
for unrelated projects.
Council delegates responded with a special session Friday to
consider Shirley's veto. After voting 68-8 to override the veto, the council
chamber in Window Rock, Ariz.,
erupted with cheers and applause.
"The immediate needs of the Navajo people needed to be
addressed," Council Speaker Lawrence Morgan said. "The council
continues working for the Navajo people and they will do what they can to
address future immediate needs."
With the override, the council issued a directive to the
tribe's budget office to immediately begin disbursing checks to the tribe's 110
chapters.
Indian suit seeks $58 Billion
Posted: March 21, 2008 02:34 AM CDT
Washington_American Indian plaintiffs say the United States
owes them $58 billion in a long-running lawsuit over government mismanagement
of lands.
Plaintiffs in the 12-year-old lawsuit submitted the filing
to federal court this week after U.S. District Judge James Robertson asked for
their input.
The suit, first filed in 1996 by Blackfeet Indian Elouise
Cobell, claims the government has mismanaged billions of dollars in royalties
held in trust from American Indian lands dating back to 1887.
In a January decision, Robertson said Interior Department
accounting for billions of dollars owed to American Indian landholders has been
"unreasonably delayed" and is ultimately impossible.
At the same time, Robertson said the overall task is not
hopeless, and he has set a June trial date to find a remedy for the seemingly
endless legal battle. The government will have a chance to respond to the
plaintiffs' filing before the trial.
In a statement, the plaintiffs said the $58 billion number
represent the accumulated savings the government has earned from dollars that
should have been promptly deposited into individual Indian trust accounts.
Cobell said the $58 billion number is reasonable. Earlier
estimates by the plaintiffs have had the government owing $100 billion or more.
"We believe that our numbers are very conservative and
represent the minimum harm that Indians have suffered under our broken trust
system," she said.
The government proposed paying $7 billion partly to settle
the Cobell lawsuit last year, but that was rejected by the plaintiffs.
NEW DOCUMENTARY SHOWS ENVIRONMENTAL FACTORS SIGNIFICANTLY
AFFECT HIGH RATES OF DIABETES AMONG TOHONO O'ODHAM
Before 1930, only one case of diabetes was found among the
people of the desert or the Tohono O'odham. But 30 years after the Coolidge Dam
was built in Arizona
health officials recorded more than 500 cases of diabetes.
Bad Sugar, a new documentary premiering during the Unnatural
Causes: Is Inequity Making Sick? on PBS in most cities on March 27, explores
environmental and political issues behind high rates of type II diabetes among
the Tohono O'odham and shows how these and other historical events are
significant factors in the rampant disease.
"Things didn't happen by chance," said Jim
Fortier, (Metis/Ojibway), Bad Sugar producer and director. "These things
are based on decisions that somebody else made and they are now having horrible
consequences on Indian people."
In the 1890s after a series water projects were built,
essentially all water supply to the Pimas was cut off. Although federal
officials built a dam named after President Coolidge in 1930, the project was
to provide some water to the Pima but it instead changed their livelihood. The
president's promise was broken after these desert dwellers, who traditionally
relied on local game and farming, received little water.
"Living along the river meant our life," said
Henrietta Lopez of the Pima-Maricopa Irrigation Project. "Having the river
flowing through our community meant having natural vegetation along the river,
the willow, mesquite (and) cottonwood trees."
Relatives of tribe member sue over slaying
Family claims racial discrimination in shooting by State
Park Police
Friday, March 21, 2008
BY ANA M. ALAYA Star-Ledger Staff
The relatives of the Ramapough Lenape Indian Nation member
shot and killed two years ago by a State Park Police officer have filed a civil
racial-discrimination lawsuit against several officers, the park police and the
state.
Family members claim 45-year-old Emil Mann of Monroe, N.Y.,
was targeted by park police because he is a member of the tribe. Mann's nephew,
Carl Mann Jr., claims in the suit he suffers emotional distress from witnessing
the shooting and the failure of the officers to seek swift medical attention
for his uncle that day. "He will need psychological support from
professionals for the rest of his life," said the nephew's lawyer, Lydia
B. Cotz.
Emil Mann and relatives were celebrating Carl Mann Jr.'s
16th birthday near Stag
Mountain in Mahwah on
April 1, 2006, when the shooting occurred.
State Park Police Officer Chad Walder was indicted last year
on a reckless manslaughter charge for shooting Emil Mann once in the chest and
once in the groin. Mann died nine days later.
The shooting sparked angry protests, led to changes within
the park police and resonated at the highest levels of state government, with
Gov. Jon Corzine assuring the tribe of a thorough investigation.
New judge in tribal whaling case
Non-Indian to preside over Makah
trial of men accused in illegal hunt
THE ASSOCIATED PRESS
NEAH
BAY -- A new chief judge
has taken over the Makah Tribe's case against five whalers who killed a gray
whale without a permit last year.
Stanley Meyers, a former Neah Bay
resident who is not an American Indian, was hired after the tribe declined to
renew the contract of the previous chief judge, Jean Vitalis, whose objectivity
had been questioned after she publicly criticized the whale hunt. The tribe's
associate judge, Emma Doulik, recused herself, citing her strong emotions over
the hunt.
The five tribal members harpooned and shot the gray whale
Sept. 8, later saying they were tired of waiting for federal permission. The
Makah had last killed a whale -- legally -- in 1999.
A federal grand jury indicted the men in October, charging
them with violations of the Marine Mammal Protection Act and the Whaling
Convention Act. The next month they were charged under tribal law.
The five defendants -- Frankie Gonzales, Wayne Johnson,
Andrew Noel, Theron Parker and William Secor Sr., all of Neah Bay
-- pleaded not guilty in both venues.
ASU to conduct retirement
ceremony for Indians mascot at Feb. 28 game
Arkansas State University's
athletic nickname and mascot, “Indians” and the Indian Family, will be
officially retired in a halftime ceremony of the men’s basketball game between
ASU and Louisiana-Monroe Thursday, Feb. 28, at the ASU
Convocation Center
in Jonesboro.
Although the names and imagery regarding "Indians"
will be officially retired, ASU’s team names for the school’s 16 NCAA Division
I sports will remain "Indians" until the conclusion of the current
school year.
The ceremony will conclude a year-long project centered
around following directives from the National Collegiate Athletic Association
(NCAA) which declared that educational institutions with Native American
nicknames and imagery would not be allowed to use the names or imagery at
postseason competition.
In conjunction with the formation of the Mascot Selection
Steering Committee, ASU Chancellor Dr. Robert Potts appointed a Mascot
Retirement Committee headed by Richard Carvell, assistant professor of
radio-television and director of broadcasting at ASU, to begin planning for a
retirement ceremony.
Tribe plans to sign deal
assuming ownership of Indian City
U.S.A.
Associated Press - February 22,
2008 8:15 AM ET
ANADARKO, Okla. (AP) - Officials with the Kiowa Tribe are to
sign a deal today to buy Indian City
U.S.A. near
Anadarko.
The 198-acre site includes an Indian village and replicas of
the dwellings of the Apache, Caddo, Kiowa, Navajo, Pawnee, Pueblo
and Wichita
tribes. There is also a gift shop, museum, lodge, campground, amphitheater,
radio towers and a game trail with buffalo and antelope.
Members of the Kiowa Business Committee have been
negotiating with shareholders of Indian City U.S.A. and Modina Waters with the
tribe says she's "99.9% sure" the deal will be made.
Terms of the sale haven't been released and Waters says a
statement will be released once the deal is signed.
BIA land trust report due today
By:JODY McNICHOL, Dispatch Staff Writer
02/22/2008
The final draft of the Bureau of Indian Affairs'
Environmental Impact Statement on the Oneida Indian Nation's land into trust is
to be published today.
The statement will give residents an idea what they might
expect from the BIA's final decision which will come out in 30 days. A group of
local officials chosen by BIA is chartering a plane to Washington D.C.
to hear the 10:30 announcement from Interior Associate Deputy Secretary James
E. Cason. Madison County will be represented by the County Board of Supervisors
Chairman John Becker; Oneida Supervisor Jim Rafte, chair of the county Native
American Affairs Committee; Lenox Supervisor Rocco DiVeronica, Russell Lura,
Madison County Administrative Assistant, Paul Miller, Madison County assistant
director of planning and co-chair of the NYS Committee on Indian Affairs
(designed to render support through state agencies to the eight tribes located
within the state) and County Attorney S. John Campanie.
Becker said he's "hopeful for a positive outcome,"
adding that he isn't "sure the bureaucrats in Washington
understand what is going on in Madison
County.
Jerry Reed, senior media relations spokesman for the Oneida
Indian Nation, said the Nation had no comment Thursday.
Toddler Deaths Spur Canada's Indians
to Crack Down on Alcohol
By Alexandre Deslongchamps
Feb. 19 (Bloomberg) -- Children won't be victims of alcohol
again, residents in Yellow Quill, Saskatchewan,
are vowing. Two toddlers dressed only in diapers and T-shirts froze to death
there last month, left in a snowdrift by their drunken father.
Some villagers say banning alcohol is the only way to curb
abuse on Canadian Indian reservations like Yellow Quill First Nation, where
3-year-old Kaydance Pauchay and her 1-year-old sister, Santana, died as the
temperature plunged to minus 50 degrees Celsius (minus 58 Fahrenheit).
The deaths highlight rising alcohol addiction among Canada's 1.17
million native people. While some Indian leaders say prohibition won't work
because it's impossible to enforce and doesn't deal with the isolation and
poverty underlying alcohol abuse, the Natuashish Innu tribe imposed a liquor
ban Jan. 31.
``Here we go again, another tragedy as a result of
alcohol,'' said Prote Poker, chief of the Innu reservation, across the country
in Labrador. ``We've had a lot of tragedies in
our community and we don't want to wait for that to happen again in order for
us to stand up and ban alcohol.''
The Yellow Quill toddlers' father, Christopher, 25, had been
drinking beer and whisky and was bringing the girls to his sister's place less
than 400 meters (1,300 feet) from his home. He lost his way and passed out,
emerging four hours later at a neighbor's home, frostbitten and alone,
according to police.
Former tribal treasurer pleads guilty to embezzlement
Associated Press - February 14, 2008 12:25 AM ET
OKLAHOMA CITY (AP) - The
former treasurer of the Cheyenne
and Arapaho Tribes of Oklahoma has pleaded guilty to embezzlement from the
tribe, including revenue from its Lucky Star casinos.
Edward Dunn Whiteskunk may have to pay as much as $100,000
in restitution after entering the plea Wednesday in U.S. District Court in Oklahoma City.
Prosecutors say Whiteskunk took nearly $6,000 in tribal
funds. Records show Whiteskunk admitted keeping $5,919 in July 2003 instead of
using the money to fund a trip to Washington
state on behalf of the tribes.
The 51-year-old faces up to five years in prison when he is
sentenced in a few months. He was released on his own recognizance pending
formal sentencing.
The Hammond
resident is the ninth person associated with the tribes to face embezzlement
charges as the result of an ongoing FBI investigation.
Rep. Rehberg renews push for Little Shell recognition
By Tribune Staff
U.S. Rep. Denny Rehberg, R-Mont., renewed his request
Wednesday for the House Natural Resources Committee to hold a hearing on
federal recognition for the Little Shell Chippewa Tribe.
"The Little Shell deserve federal recognition,"
said Rehberg, a member of the House Appropriations Committee. "I know it.
The state of Montana
knows it.
"It seems the only ones that don't know it are the
bureaucrats at the Interior Department," he added.
Last year, Rehberg introduced legislation to recognize the
tribe, which has its headquarters in Great
Falls. Federal recognition increases the availability
of federal money for a tribe in the form of grants and programs.
"It's time we take a different route and move my bill
through the legislative process," Rehberg said. "I'm hopeful the
chairman and ranking member will agree the foot-dragging has gone on too
long."
The Little Shell Tribe is made up of approximately 4,300
members, mostly in the Great Falls
area. In 2000, the same year the tribe was recognized by the state of Montana, the Department
of the Interior issued a positive finding for the tribe, making it eligible for
recognition.
Cherokee educational group lists scholarship opportunities
TAHLEQUAH — The Cherokee Nation Educational Corporation is
helping to ease the financial burden of higher education costs through several
scholarship opportunities available to Cherokee Nation citizens. The CNEC is a
non-profit corporation with a mission to provide educational assistance to
Cherokee tribal citizens. One of the goals of CNEC is to revitalize the
language, culture and history of the Cherokee people.
Scholarship applicants must be citizens of the Cherokee
Nation. All applications must be received by March 14.
There are seven scholarships available:
Area colleges to host Native American film fest
By Megan Newell
The Ganondagan State Historic Site, Rochester-area colleges
and the George Eastman House, along with other area contributors are sponsoring
the first Rochester Native American Film Festival. The festival will take place
over three months from Feb. 4 to April 8.
The first event in the festival took place at Nazareth College. The animated Disney film
Pocahontas was shown, with Russell Means, the voice of Chief Powhatan in the
movie, speaking afterwards. Means is a Native American activist known for his
involvement in The American Indian Movement.
According to Dana Nichols, member of the English Department,
more than 600 people attended the first event.
"There are student volunteers that are involved there
will be a panel discussion after one of the events here at Fisher that will
include teenagers," Nichols said.
Lawyers for Narragansetts Ask Judge to Dismiss Charges
PROVIDENCE,
R.I. (AP) -- A judge who will
decide whether to dismiss charges against seven Narragansett Indians chastised
a prosecutor Monday for the delay in turning over documents related to a 2003
raid of a tribal smoke shop.
Superior Court Judge Susan McGuirl repeatedly grilled
prosecutor Pamela Chin about why the documents had not been provided earlier.
Lawyers for the seven tribe members accused of resisting arrest or fighting
with police during the raid want the charges dismissed because of the delay in
receiving hundreds of pages of witness statements and other documents collected
by the state police.
"You have a duty to do more than prosecute the
case," McGuirl told Chin.
"You have a duty to do justice. And justice in this
case or any case it doesn't matter is to provide the defendants with the
information that they are entitled to."
Chin acknowledged the mistake but said she had not
intentionally withheld anything and did not know some records existed until
they were produced by the state police. McGuirl was scheduled to rule Tuesday
on the defendants' request to dismiss the case, which she acknowledged was an
extreme option.
Special Report: Preserving native heritage
Posted: Feb 11, 2008 07:59 PM CST
Some teachers in Billings are
working to make sure that today's students know about the history of Montana's Indian tribes
by including Indian Education for All in their classrooms.
It's been more than 60 years since American Indians were
included in public schools and now, all of Montana's students will learn some of the
history of our first nations.
"I think it's important that every child in Montana learns the rich
cultural history of the people that've lived here for hundreds of thousands of
years" said Montana Governor Brian Schweitzer.
The program integrates Indian education throughout the
curriculum and is incorporated throughout the standards for each grade.
Family opens first Native American winery
02/10/2008 06:37 PM By: Stephanie Stilwell
LEXINGTON, N.C.
-- North Carolina
vineyards are getting another nod from wine lovers. That's because one of the
state's fastest growing industries is now also the first in the country to have
a Native American-owned winery.
When Darlene Gabbard started bottling wine, it was a hobby,
something she gave away as gifts. Ten years later, her winery has become the
first Native American-owned winery in the country.
“I didn't set out to hold that title, I am so proud that I
do hold that title. I mean it's, I have had Native American people call me and
say it's about time,”Gabbard, owner of Native Vines Winery said.
While she says that honor is more than words can express, it
wasn't without her fair share of hesitations. “I was a little concerned with it
because alcohol has had a bad connotation with Native Americans for such a long
time,” Gabbard continued, “And I was afraid that it might look bad and that
they might have a problem with it but they've embraced it.”
Judge faults state on evidence in smoke-shop case
01:00 AM EST on Friday, February 8, 2008
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE — Superior Court Judge Susan E. McGuirl had stern
words yesterday about the pace and thoroughness of the state’s efforts to turn
over evidence in preparation for the trial of seven Narragansett Indians
charged in the 2003 state police raid on a tribal smoke shop.
“We’ve spent an entire month on discovery that was supposed
to be done without the court’s intervention,” McGuirl said.
Defense lawyers subpoenaed state police last month to
produce all documents related to the raid after they said they grew suspicious
about the absence of reports from high-ranking officers at the scene. In
response to that subpoena and a court order that officers inspect their
computer and paper files, the state has provided hundreds of pages of e-mails,
several witness statements, a civilian complaint, and recorded comments of one
of the defendants — some that came in after what would have been the start of
the trial.
“There’s no assurance they have all the statements now,”
McGuirl said.
McGuirl’s comments came as she heard arguments about whether
a forensic investigator should be appointed to look into recovering files that
might have been deleted from the state police computer system.
Police on watch for native school settlement scams
Sherri Zickefoose, Calgary
Herald
Published: Friday, February 08, 2008
Calgary
police officers are receiving sensitivity training to help brace for inevitable
scams targeting residential school survivors flush with federal settlement
payments.
A police service DVD was revealed at a recent meeting of the
Calgary police
commission.
Aboriginals on Alberta reserves and throughout the country
are preparing to guard against fraud, scams and increased drug trafficking they
fear will accompany the lump-sum residential school payments of up to $38,000,
which began being issued last fall. Calgary
police have to be prepared to deal with it, police Chief Rick Hanson said.
"This will be going out to all members. There's no
doubt we will be approached about this in the near future," said Hanson.
It's estimated that more than $50 million will flow into
some Alberta
reserves.
Residential school survivors have been targeted by
salespeople -- such as out-of-province car dealers -- even before the cash has
reached recipients' hands.
"There are going to be people whose offers will be too
good to resist," said Piikani Nation Chief Reg Crow Shoe.
With the extra cash comes fears of an increase in the number
of muggings, frauds and drug dealers targeting reserves. Rises in elder abuse
and family discord are also a concern.
Ely Shoshones hope to see cash settlement soon
Tribe looks to economic development of newly acquired lands
By JOHN PLESTINA
Ely Times Reporter
As the Ely Shoshone Tribe moves into the 21st Century, a
long-awaited cash settlement for tribal members and the development of newly
acquired land for housing and economic development are anticipated in the near
future. The Ely tribe is part of the Western Shoshone Nation. It includes
several Native American tribes that held traditional lands identified in the
1863 Treaty of Ruby Valley. The U.S. Government recognizes several tribes
including the Ely and Duckwater Shoshone tribes as part of the Western Shoshone
Nation. Also recognized are the Te-Moak Tribe and its councils at Battle Mountain,
Elko and Wells, the Yomba Western Shoshone Tribe and the Timbisha Tribe who live
in the Death Valley region of California.
The Treaty of Ruby Valley was broken just as so many other
treaties across North America have been. A
dispute over lands the Shoshones lost has been ongoing since the Western
Shoshones filed a claim with the federal Indian Claims Commission in 1951. In
the 1970s, the ICC determined that the Shoshones had lost the land by gradual
encroachment of white settlers following the Ruby Valley Treaty of 1863 which
permitted non-Indian miners access to traditional tribal lands nullifying the
treaty. In 1977, that federal entity identified a $26.2 million award to the
Western Shoshones as future reimbursement for farm land, good and poor grazing
land, mineral rights, royalties for minerals removed prior to 1872 and town sites.
Congress appropriated that money into trust for the Shoshones. That money has
been in trust and accumulating interest for more than 28 years. With interest,
the current balance is between $140 and $150 million. An estimated 6,000 tribal
members are eligible for the settlement.
States Join R.I. In Tribal Land
Appeal
Wednesday, Feb 06, 2008 - 03:46 PM
By Associated Press
PROVIDENCE - Sixteen states
are supporting Rhode Island
in an appeal to the U.S. Supreme Court that seeks to block the Narragansett
Indian Tribe from removing 31 acres of land from state control.
The 1st U.S. Circuit Court of Appeals has ruled the tribe
should be able to put the Charlestown
parcel into federal trust, which means it would be largely governed by tribal
and federal law.
But the states argue that the ruling makes it too easy for
the federal government to remove tribal land from state control.
Narragansett Chief Sachem Matthew Thomas says the tribe
wants to build elderly housing on the plot or use it for economic development. Rhode Island authorities
say the tribe could seek to build a casino there if the land goes into trust.
Tribe to dedicate new health clinic
MUSKOGEE
-- Suzanne Crawford was busy showing homes this week, but the Realtor and
Cherokee Nation citizen will make time for Thursday's dedication of the tribe's
new health clinic for a good reason.
"I am a diabetic, and with diabetics, it gets dangerous
pretty quick," she said. "The clinic has been there for me when I
needed it."
Crawford is one of thousands of eligible patients the
Cherokee Na tion hopes to keep treating in its new Three Rivers
Health Center.
The dedication is scheduled for 3 p.m. Thursday. A reception
and guided tours also are planned.
The 105,000-square-foot clinic on 11 acres will offer
general medical, laboratory, X-ray, dental and optometry services.
The tribe entered a joint agreement with the federal Indian
Health Service to build the clinic. The Cherokee Nation issued more than $17
million in bonds to subsidize the construction.
Native community divided on mascots
Paola Boivin
The Arizona
Republic Feb. 1, 2008 11:06 PM
Lost in the enthusiasm of Super Bowl XLII is a story line
without pompoms and foam fingers: Many local Native Americans are struggling to
pass a metaphoric peace pipe to an organization that allows team imagery viewed
as demeaning by many tribes.
"It is, simply, inconsistent with the human right of
people," said Rebecca Tsosie, the executive director of the Indian Legal
Program at Arizona
State University's
Sandra Day O'Connor College of Law.
Sunday's game is expected to attract protesters who question
the NFL's tolerance for the mascots of the Kansas City Chiefs and Washington
Redskins. The D.C. franchise is the most controversial and the subject of a
petition filed at the U.S. Patent and Trademark Office to cancel the trademark.
Former Cherokee chief Mankiller endorses Clinton for president
By Associated Press 2/4/2008 3:27 PM
OKLAHOMA CITY -- Former
Cherokee Nation Principal Chief Wilma Mankiller has endorsed Hillary Rodham
Clinton for president, Clinton's
campaign said Monday.
Mankiller served as the Cherokee chief from December 1985
until retiring in 1995. At the time she assumed office, she was the first female
chief of a major American Indian tribe. The Cherokees are based in Tahlequah.
The Clinton
campaign has named Mankiller as a national campaign co-chair.
"This 2008 election is about choosing a leader who can
articulate a clear and common vision for our collective future," Mankiller
said in a statement. "I believe Senator Clinton is the best person to do
that for a variety of reasons, including her early and consistent support for
tribal governments."
Oklahoma
will hold its presidential primary on Tuesday. Clinton,
from New York, is competing with Sen. Barack
Obama of Illinois
for the Democratic nomination. A third candidate, former Sen. John Edwards of North Carolina, has
suspended his campaign.
Funding sought to
preserve native languages
By Jennifer
Toomer-Cook and Deborah Bulkeley
Deseret
Morning News Published:
February 4, 2008
Teaching American
Indian languages in schools is a tool that educators say has been tested as a
way of raising the achievement bar.
To that end, the
State Board of Education is seeking $275,000 to preserve and revitalize Utah's
indigenous languages to help narrow achievement gaps.
Utah's CRT state
test results show a 45 percentage point difference between the performance of
Navajo and Caucasian students on language arts, 48 percentage points on math
and 57 percentage points on science, according to data state associate
superintendent Brenda Hales presented to the Education Appropriations Committee
Thursday.
The Education
Board wants to include San Juan and Uintah School
District's Ute Indian population in the proposed
program. The Northern Band of Shoshone, Goshute and the Skull Valley
tribe would be included in the future, under the proposal, which came out of
the governor's fall Native American summit, Hales said.
Last Alaska
language speaker dies
A woman believed to be the last native speaker of the Eyak
language in the north-western US
state of Alaska
has died at the age of 89.
Marie Smith Jones was a champion of indigenous rights and
conservation. She died at her home in Anchorage.
She helped the University
of Alaska compile an Eyak
dictionary, so that future generations would have the chance to resurrect it.
Nearly 20 other native Alaskan languages are at risk of
disappearing.
Ms Jones is described by her family as a tiny chain smoking
woman who was fiercely independent, says the BBC's Peter Bowes in Los Angeles.
"To the best of our knowledge, she was the last
full-blooded Eyak alive," her daughter Bernice Galloway told the
Associated Press news agency.
Supreme Court rejects last-minute appeal in smoke shop
case
Last Edited: Thursday, 10 Jan 2008, 8:50 AM EST
Created: Thursday, 10 Jan 2008, 8:50 AM EST
PROVIDENCE, R.I. (AP) -- Rhode Island's Supreme Court
upholds its earlier ruling preventing Governor Carcieri from testifying at the
upcoming trial of seven Narragansett Indians. In a one-sentence ruling
yesterday, the state's top court refused to revisit a decision that said
Carcieri's testimony would be irrelevant. Seven tribe members are charged with
misdemeanor crimes ranging from disorderly conduct to assault after they fought
with state police who raided a tribal smoke shop in 2003.
Their lawyers say
police used too much force -- and they wanted Carcieri to testify about an
order he said he gave to police telling them to withdraw if tribe members
resisted.
The shop was not collecting state taxes, and a federal
appeals court later decided it was operating illegally.
Judge finds man illegally fished on tribal land
Jeremy Pawloski The Olympian
OLYMPIA
— A judge rejected the arguments of a man who claimed that despite his
non-Indian status, he could legally fish alone in the Nisqually Treaty Indian
Fishery because he is married to a member of the Nisqually tribe.
Thurston County Superior Court Judge Christine Pomeroy
convicted Larry Patrick Guidry of 10 felonies connected to his 2005 arrest by
state Fish and Wildlife officers. The arrest came after Guidry, 41, sold more
than 4,200 pounds of chum salmon caught during three days in December 2005,
earning $1,627.
Guidry's three-day bench trial before Pomeroy pitted
Nisqually code, which allows a non-American Indian spouse of a Nisqually member
to use tribal fisheries, against state law. Washington law states that "it is
unlawful for a person who is not a treaty Indian fisherman to participate in
the taking of fish or shellfish in a treaty Ind