Wotanging Ikche--nanews07.035

Gary Night Owl (gars@netcom.com)
Tue, 24 Aug 1999 18:51:34 -0700 (PDT)

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/ / / / / / /--/ / / / ___ / / / / ___ O o O
(_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' O o o o o O
____ _ , ___ _ , ___ VOLUME 07, ISSUE 035 O o O
/ ' ) / / ) ' ) / / ' August 28, 1999 O o O
/ /-< / /--/ /-- Mvskogee big ripening moon O
__/_ / ) (___/ / ( (___, Assiniboine black cherries moon
KANOHEDA ANIYVWIYA Ha-Sah-Sliltha Otapi'sin Atsinikiisinaakssin Un Chota
Es'te Opunvk'vmucvse ni-mah-mi-kwa-zoo-min Aunchemokauhettittea
Ximopanolti tehuatzin, inin Mexika tlahtolli
( N A T I V E A M E R I C A N N E W S )
This issue contains articles from Triballaw, Big Mountain, Innu-L,
Paths-L, Creek Southeast & WarriorNet Lists; UUCP email;
Newsgroups: alt.native,soc.culture.native; www.OrlandoSentinel.com;
http://members.aol.com/noreroute/Highway_55_occupation.html

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.

IMPORTANT!!
-----------
To all who send copywrite protected articles, make very sure you have
permission from the copywrite holder (a newspaper, the AP, a magazine, an
author) because a new law is now in effect that says you can be prosecuted
even if there is no monetary gain. Just because a newspaper has a website
where it posts some or all of its editions does not grant permission for
their redistribution. Be careful and be sure you pass on the items you do
with full permission.
In accordance with Title 17 U.S.C. section 107, all material appearing in
this newsletter is distributed without profit to those who have expressed a
prior interest in receiving this information for educational purposes.
<----<<<< >>>>---->
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
++ There is also a hyperlinked version of the Current Issue at
http://bearvisions.com/NativeNews/NEWS.html

Borries Demeler advises AISESnet doesn't exist anymore, instead there is now
NativeNet where people can search for archives of Wotanging Ikche issues:
_ All past AISESnet archives (1992-1998) can now be found in:
http://aises.uthscsa.edu/discussion/
_ All new messages will be archived in:
http://nativenet.uthscsa.edu/archive/nn-dialogue/archive.html
The mailing address for AISESnet/NativeNet the lists have changed.
Please make a note of the new address.
The old address aisesnet_discussion@listserv.umt.edu should *NOT*
be used any longer. Instead please use:
nn-dialogue@nativenet.uthscsa.edu

Downloading Wotanging Ikche on AOL From: MAANG1419@aol.com <Valentina>
Just thought I would share some info. I could not download on to a .txt
because I kept getting the message (when I tried to retrieve it) that the
text editor could not handle the volume. This time I downloaded it on to
a .doc and when I retrieved it out of file manager, IT WORKED.

"In practicing medicine, I have not given up my traditional beliefs.
Rather I have tried to blend and teach the best from traditional
and western medicine. I learned from my grandfather that illness
is caused by a disruption of harmony, which in turn lowers the
body's ability to fight illness."
__ Wabanang Kuczek, Yaqui - Physician's Assistant

O'siyo Brothers and Sisters!

This past Saturday we happened upon a C-Span special featuring a question/
answer session the three Supreme Court Judges of the Navajo Nation were
holding at Harvard University. Among the topics of query were the Navajo
Nation's Peacemakers. What the justices said about the Peacemaking Division
and the Peacemakers intrigued us -- We'd not heard of them before. So I
started looking them up online. Here are some sources:

The Navajo Response to Crime
Justice as Healing Vol. 3, no.2 (Summer 1998)
His Honour Robert Yazzie, Chief Justice of the Navajo Nation. The Honourable
Robert Yazzie is a graduate of Oberlin College, B.A. 1973, and the
University of New Mexico School of Law, J.D. 1982.

Editor's Note,: The following is a speech delivered by Chief Justice Yazzie
at the National Symposium on Sentencing: The Judicial Response to Crime at
the American Judicature Society in San Diego, California on November 2-3,
1997.

Indians, Ant Hills and Stereotypes
A few years ago, I did a presentation on traditional Navajo justice to
judges from five western states. After the talk, two state judges went
outside. One said to the other, "What did you think of Chief Justice
Yazzie's description of Navajo common law?" The other judge laughed and
replied, "He didn't mention staking people to ant hills!" Obviously the
judges saw too many Western movies.
Unfortunately, there is a popular stereotype that Indian justice is rough
justice; that Indians used punishments such as staking people to ant hills,
running them through a gauntlet of people armed with clubs, or stringing an
offender (usually shown in the movies as a White offender) up in the sun to
bake. That is an unfortunate stereotype. One of the reasons I want to speak
at this important conference is that people such as myself, as Indian
leaders, need to do more to educate the general American public about Indian
ways.
The main issue posed for this conference is, "What is the judicial role in
sentencing?" This session is designed to address restorative and reparative
principles. "Restorative" is defined to mean "the process for renewing
damaged personal and community relationships." "Reparative" is defined to
mean "the process of making things right for those affected by an offender's
behavior." In other words, how can we help victims? We use only one word for
both ideas: peacemaking. The Navajo term is Hozhooji Naat'aanii, and while
it is difficult to completely translate its concepts into English, I will
simply translate it as "talking things out in a good way."
Given that the overall topic of this conference is sentencing, I will
focus on how we use peacemaking in sentencing or to handle a case. There is
a copy of the Uniform Sentencing Policy the Navajo Nation Judicial
Conference adopted in August 1994 in your conference materials. We believe
that the policy is unique, because it incorporates restorative and
reparative justice concepts.
We know that it is unique because it incorporates traditional Navajo
concepts on how to respond to crime. I will describe the policy's concepts
of "talking things out," the "traditional probation officer," and how we use
Navajo peacemaking before charges are filed, at the time of plea, prior to
sentencing, and after sentencing.
"Talking Things Out"
The traditional Navajo response to crime is not staking the offender to an
ant hill. It is to talk the problem out with respect. In traditional Navajo
society, everyone was equal. There was no strong "chief" who heard a dispute
and made a decision for others. In fact, the idea of someone with power and
authority making decisions for others is entirely contrary to Navajo morals.
We believe in a high degree of freedom, but we call it "freedom with
responsibility" (in the words of our Associate Justice Raymond D. Austin).
(from) http://www.usask.ca/nativelaw/jah_yazzie2.html
- - - - - - - - - - - - - - -
Compare this way of bringing back balance and harmony with the dominant
society's insistence on warehousing and forever casting aside those who
"get caught" as less worthy than the "good" citizens.

Peace! Night Owl
, , Gary Night Owl gars@netcom.com
(*,*) P. O. Box 672168 gars@nanews.org
(`-') Marietta, GA 30357, U.S.A. gars@igc.apc.org
===w=w== Fax: 770-528-9643

----------- News of the people featured in this issue ----------
- Alaska Rural Governance Commission - Blues for El Salvador 99
- Speech by Peabody Coal Miner - Highway 55 Update
- Black Mesa Projects/ISCO - MNDOT Dewaters Minehaha Creek
- Stopping Forced - Hassels Bringing a
Evictions in Arizona Spirit Drum to Prison
- Big Mountain Caravan July 23-25th - U.N Sub-commission:
- Stillaguamish Disenrollment Statement on Leonard Peltier
- Colville Tribes - Tuscarora Activist
Public Defender's Office Eddie Hatcher Jailed Again
- New Cherokee Chief's First Week - Native Prisoner
- Bingo Hall Introduces - The Seven Fires
Tournament Blackjack - New Clothes for Me
- Sheshatshiu Seeking - Wisdom from Grandfather
Solutions to Solvent Abuse - Review of Children's Book about
- Florida Resists Seminole Navajo Long Walk
Tribe Gaming Once Again - Who Would Unbraid Her Hair:
- Anoatubby Wins Fourth Term as The Legend of Annie Mae
Head of Chickasaws - Twenty-one Ways to Scalp an Indian
- Former Sac & Fox Chief - Poem: Elders Prayer
Won't Be on Primary Ballot - Verse: Hawaiian Book of Days
- Nations/Relations Need Help - Upcoming Events

--------- "RE: Alaska Rural Governance Commission" ---------

Date: Wed, 18 Aug 1999 19:45:47 EDT
From: Aqiimuk@aol.com
Subj: Alaska Rural Governance Commission

Mailing List: TRIBALLAW (triballaw@thecity.sfsu.edu)

The Alaska Commission on Rural Governance and Empowerment has recently
published their Final Report to the Governor at:
<http://www.comregaf.state.ak.us/Rgc>
at pp. 108-9 of that report:
Local Dispute Resolution
Findings and Background
Approximately 200 local dispute resolution systems and tribal courts
exist or are planned for development. Since 1993, the number of local
dispute resolution entities has doubled and their levels of activity have
increased. (See the Alaska Judicial Council Report: "A Directory of
Dispute Resolution of Alaska Outside Federal and State Courts," March 1999.)
Local dispute resolution is often used to address Indian Child Welfare
Act (ICWA) issues, domestic relations, minor offenses and juvenile justice
matters. Some rural communities have not assessed their needs for dispute
resolution systems and report confusion over the source of their authority
and how their systems relate to the State justice system.
Local dispute resolution systems and tribal courts handle a variety of
subject matters. Some tribes, for example, have formal courts that cover
a broad range of offenses, while others choose to use informal mediation-
based processes.
In the John v. Baker case, the Knowles Administration has supported the
concurrent jurisdiction of a tribal court to handle a child custody
dispute between members of the tribe and persons who voluntarily submit to
the jurisdiction of the tribal court.

Next Steps
The Commission recommends that the judicial branch continue its outreach
with a specific emphasis on site visits to rural Alaska to engage in
dialogue with rural residents to foster better understanding, develop
appropriate legislative action and establish stronger mechanisms for
ongoing communication in order to foster understanding, strengthen
communication and develop appropriate mechanisms to respond to rural needs.
The Governor and the Alaska Court System should encourage the use of
more local/alternative dispute resolution including community courts,
youth courts, tribal courts, and mediation, to improve the effectiveness
of the justice system. More local dispute resolution will also help
reduce the cost and workload of the State Court system. Expanded use of
local alternative dispute resolution will require State agencies to be
flexible and open to working with a variety of community-based approaches
and distinct enforcement methods. For example, some communities require
community service and family consultations as part of their enforcement
and rehabilitation processes. The departments of Law, Public Safety and
Health and Social Services should continue to explore and support existing
as well as innovative means of resolving conflict locally. These actions
should be recognized by the Alaska Court System.
The State of Alaska should officially recognize and support the existing
legal authority of Native Village governments to regulate the conduct of
their members through adoption, adjudication, and enforcement of tribal
civil laws. As well, State courts should give full faith and credit to
tribal court orders in ICWA cases, adoptions and other civil matters heard
and enforced by tribal law. Also, misdemeanor offenses should be diverted
from State courts and adjudicated by willing tribal courts.
The Department of Law and other State agencies and branches of
government should cooperate and share information about local conflict
resolution options. The State should work with local governments to
provide training to establish functioning, local justice systems. In
concert with the Department of Law, the Court system should coordinate
information on alternative dispute resolution between villages and regions.
The Alaska Legislature should also direct funding and grant greater
flexibility to State agencies to provide this technical training.

--------- "RE: Speech by Peabody Coal Miner" ---------

Date: Fri, 20 Aug 1999 23:12:52 -0700
From: DINETAH29@aol.com
Subj: Speech read and submitted by Peabody Coal miner to LADWP

Mailing List: Paths-L <paths-l@YvwiiUsdinvnohii.net>

Dear Big Mountain supporters,
This speech was submitted by a Peabody Coal Company employee,
called "coal miner" to protect his/her identity at a meeting of Dineh
representatives and environmental organizations with the Chairman,
Los Angeles Department of Water and Power. As you know, Los
Angeles, Las Vegas and much of the southwest is lit up by Peabody
Coal.
Please help us shut down the Mohave Generating Station, supplied
by Peabody Coal Company's Black Mesa mine, responsible for human
rights violations and environmental violations, including depletion of
a sole source aquifer for the Hopi and western Navajo people.
To find out how you can help please contact Sharon Lungo,
Action Resources Center (ARC), phone: (310) 396-3254,
e-mail: arcla@envirolink.org and moradiosa@hotmail.com
Thank you for your support.
Yours sincerely,
Marsha Monestersky
Consultant to Sovereign Dineh Nation
-=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=-
To: Mr. David Freeman, Chairman,
Los Angeles Department of Water and Power

I am (name withheld of the coal miner). My maternal clan is ___.
My paternal clan is ___. I live on Black Mesa and am an employee
of Peabody's Black Mesa mining complex. I come before you today
to speak about the impacts of the Black Mesa mine on my local
community. This is where the coal comes from that is burned at the
Mohave generating station.

My people are suffering many effects from the mining. Dineh religion
forbids strip mining which violates basic teachings in which the Earth
is a living entity that is being harmed. When we wake up in the morning
the horizon is thick with dust from overnight operation of drag lines
that remove the top layers of earth to expose the coal. Blasting is
frequent and frightening. Surface water sources have been poisoned
or destroyed. Sites that were the sole source of sacred and medicinal
plants have been destroyed by the mine.

The slurry line that carries coal 273 miles to the Mohave from
Peabody's Black Mesa mine is threatening the sole source of
drinking water for communities in the area. Scarce water beneath
the desert that has been there since the Ice Age is being depleted
at the rate of 3 million gallons each day just to carry coal. Without
water we cannot survive. Rena Babbitt Lane who is here with you
today is one elder who lives on top of the slurry line but like so many
others in the region has to travel 20-30 miles round trip each day to
haul drinking water for her use and her animals.

Peabody has destroyed thousands of ancient Anasazi cliff houses,
burial and sacred sites, Dineh cemeteries, sacred sites that continues
to this day. Many of the Anasazi burials sites were not even covered
up after removal of the remains. Their locations were marked by
archaeologists' stakes in violation of our religion. Mounds of dirt
remain adjacent to the graves sifted for ceremonial objects that
were taken to unknown locations.

Residents in the mining area have been jailed by the tribal
governments if they try to prevent the destruction of burial or
sacred sites. A great grandmother, Bah Begay had to watch as
bulldozers unearthed the graves of her twin sisters and turned
the site into a disposal area. Ataid Lake, another great grandmother
was threatened with arrest and being run over when she tried to stop
bulldozers from destroying a talking rock sacred to the Dineh people
and from unearthing a site containing the graves of many Anasazi
and Dineh. Mabel and Lucille Benally were jailed for trying to stop
a bulldozer from expanding a coal stockpile outside of their front
door and told they would remain in jail unless they agreed not to
protest the mine.

Other residents have also watched the unearthing of graves, given
only the choice whether to watch or not to watch. Roy and Alice Tso
eldest son's remains were taken to some unknown location. They
want to know where their son's remains were taken to. Roy Tso was
a dedicated employee that retired from Peabody Coal Company. He
died last week, suffering from Silicosis. His last wish, to protect his
burial and sacred sites from Peabody destruction, including a site
where you can hear thunder through the hill. This is a sacred shrine
used by many of my people and is yards away from current blasting
activity.

In June 1998, a Kiva containing 28 Anasazi burials was destroyed
and is now under tons of dirt. This past summer, another cemetery
was bulldozed despite numerous pleas from my people. Many human
remains were taken from the site and others were left scattered on
the surface of the ground. We don't even know what happens to the
remains they removed. Next to the bulldozed area is a site where we
make offerings, have held many ceremonies, including fire dances.

In the summer of 1998, on Glenna Begay's land, Peabody installed
a sediment pond for contaminated runoff a few yards away from
sacred Sagebrush spring planted there by Medicine people. This
spring contains a year-round drinking water resource. Bitter spring
in the area, containing a source of water for our animals was
bulldozed and Peabody installed a water pump there for the slurry
line, and a dam to flush the water pipeline.

Endangered white clay deposits (chi), burial sites, talking rocks,
praying shrines and rock piles used by Medicine people, special
herb gathering sites, rare plants, including the thunder goes down
plant, deer corrals, and others have all been destroyed. All of this
was done without our consent.

The mining activities have harmed the health of both workers and
nearby residents. In the past the Mine Safety Health Administration
(MSHA) has shut down the Reclamation draglines due to excessive
dust. In one instance, Dragline #1260 was shut down for "causing
imminent danger to the miner and management in the mine property
and the people living on the inside of the property of the mine....
causing dust in the air that obstructed vision and smoke and dust
from the fire that burn their eyes....so thick that the dozer being
operated in the area would die out...causing dust that made the
children to cough at night and the inside of houses to be covered
with a thick layer of dust, mine workers in the truck shop coughing....
causing long term lung problems ...."

At last month's Union Meeting, Local 1924 at the Kayenta mine they
told us that 117 retirees from the mine have Silicosis and Black Lung.
They said they don't know how many more people are affected, both
among retirees and mine workers. They will be doing extensive testing
this month. But according to previous breath analyzer tests they did
on me and other mine workers their analysis revealed that almost
everyone has health problems.

Of great concern to me, is that in addition to the coal miners,
most of the local residents living in the mining area have respiratory
problems, some with life threatening conditions. The fine black
dust covers our clothes when we hang them to dry on the clothes line.
It forms a film on the counter tops inside our homes and gets into the
barrels we use to store our drinking water. Also, when we butcher our
livestock to eat we find black spots on their organs.

But who gets the money generated from mining royalties? It is not
the local residents, including my family which does not get one penny.
The basic problem we face was described in a decision by Administrative
Law Court Judge Judge Ramon Child, U.S. Dept. of the Interior Office
of Hearings & Appeals, March 11, 1996 in Dineh Alliance v. Office of
Surface Mining who states: "The Navajo Nation with head offices in
Window Rock, Arizona, near the New Mexico State line, shares very
little of the $45,000,000 annual royalty from the mine, or benefit
therefrom, with the members of the Navajo Nation who reside in the
proximity of the mine. Thus, while the Navajo Nation benefits from
the proceeds of the mining, the unhappy fact is that its members
who live near the mine suffer from the effects of that same mining."

What I am telling you is difficult for me to do since my livelihood
depends upon the continuation of the mine. However, in the end,
I must consider what the cost is to Dineh lives and our environment
resulting from Peabody's mining activities.

Therefore I wish to appeal to you to cancel your contract with
Southern California Edison, owner/operator of the Mohave generating
station. I have made my choice even though it is highly likely that by
speaking out I will be targeted at work. The choice you must make is
that between profit and respect for human lives and the environment
in the world of competing interests.
`ahehee', Thank you,
A coal miner
-=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=-
For more information contact:
Marsha Monestersky
email: DINETAH29@aol.com
Consultant to Sovereign Dineh Nation and
Co-Chair of the NGO Human Rights Caucus at the
United Nations Commission on Sustainable Development
Sovereign Dineh Nation
Phone: (520) 673-3461 or (508) 540-8980
Visit: Big Mountain Dineh Relocation Resistance
http://www.theofficenet.com/~redorman/pagea~1.htm

--------- "RE: Black Mesa Projects/ISCO" ---------

Date: Tue, 17 Aug 1999 17:46:28 -0700 (PDT)
From: Black Mesa Projects/ ISCO <bigmnt@efn.org>
Subj: Greetings from ISCO!

Mailing List: Big Mountain List <BIGMTLIST@onelist.com>

From: Black Mesa Projects/ ISCO <bigmnt@efn.org>
=o= Indigenous Support Coalition of Oregon (aka "ISCO") =o=
P O Box 11715 (541) 683-2789 Voice Mail
Eugene, OR 97440 soon: www.efn.org/~iscoweb
isco@efn.org Indigenous Support Coalition of Oregon
bigmnt@efn.org Black Mesa Projects/ ISCO
lpsg@efn.org Leonard Peltier Support Group of Eugene
ISCO Solidarity Networking List
Informal bcc list of occasional ISCO postings
Weekly ISCO Bulletin* ISCO events, project updates, letter writing
for Oregonians sent by bcc once weekly
4COLORS List human rights, environmental forwards daily
ISCO listserv for people in the northwest US
ISCO is a multicultural, all-volunteer grass roots non-profit dedicated
to educating and raising funds for indigenous and environmental causes.
We are individuals, projects, groups and committees under ISCO's umbrella,
and plan to become a 501 (c)3 organization. ISCO is newly formed as a
non-profit in the State of Oregon, however, we want to network extensively
with other indigenous environmental justice and human rights groups.
Currently our committees include Black Mesa Projects/ ISCO supporting
traditional Dine'h (Navajo) families resisting forced removal and coal
strip mining in northeastern Arizona. Also our Leonard Peltier Support
Group of Eugene is rallying for this political prisoners' release and
well-being while educating about the US covert war against the First
Nations, political activists and prisoners' issues. ISCO is getting
involved with Oregon Indians and is becoming a state-wide coalition.
Please reply for more information and to tell us about yourselves.
Thanks for your support and interest. We look forward to hearing from you!
Beth Newberry, outreach coordinator
Indigenous Support Coalition of Oregon

This is a BIGMTLIST post.
BIGMTLIST can be subscribed to through Onelist at www.onelist.com.
For more information on this on-going human rights crisis in the
United States,
visit my web page at http://www.theofficenet.com/~redorman/pagea~1.htm

--------- "RE: Stopping Forced Evictions in Arizona" ---------

Date: Tue, 17 Aug 1999 13:52:31 -0700 (PDT)
From: Black Mesa Projects/ ISCO <bigmnt@efn.org>
Subj: "Manybeads" and Stopping Forced Evictions in Arizona!

Mailing List: Big Mountain List <BIGMTLIST@onelist.com>

Reply to: bigmnt@efn.org PO Box 11715
(541) 683-2789 Voice Mail Eugene, OR 97440
Bob, I've heard from Barbara Potter, who used to work in the Big Mountain
Legal Defense/Offense Office (who originally filed the "Manybeads" suit),
who has been in contact with Bruce Ellison (see her words following mine).
The upcoming hearing in San Francisco for "Manybeads" may not be the event
people are thinking it is, because there won't be opportunity for Dine'h
Elders to testify in court. It will probably last only about an hour,
where Mr. Ellison can argue the evidence that has already been submitted
to court, because it is an appeals hearing. Some people may want to rally
there or at federal courts in their own state to show support and gain
media attention, and of course we hope to gain a victory in this case.
However, groups may want to reconsider whether to put a lot of resources
into this hearing (as of yet still unscheduled) since we know how much
energy it takes to organize and raise funds, and what we do in the coming
months really has to count. The Dine'h who have not signed Accommodation
Agreement leases who also have not relocated still face court ordered
forced evictions in US District Court in Phoenix, before the Department of
Justice and the Hopi Tribal Council police can forcibly remove them.
These Dine'h non-signers need financial and logistical help, since each
head of household will have a separate hearing (also unscheduled, as far
as I know). Their extended families will want to come with them, and
there is no way to know how long the hearings will take or if there will
be pretrial motions or delays. It may take several trips to Phoenix (or
beyond?) for them to finally defeat evictions in court. Their extended
families will need gas funds, food, and lodging and media outreach.
If groups want more info how to help Dine'h non-signers defeat US District
court-ordered evictions in Phoenix (they will probably happen sometime
this winter) or want to talk about other ideas to stop forced relocation,
please contact us by e-mail, snail mail or call us. Thank you.
Beth Newberry, outreach coordinator
Black Mesa Projects/
Indigenous Support Coalition of Oregon
/snip/
---------- Forwarded message ----------
Date: Mon, 16 Aug 1999 13:32:02 -0700
From: POTTER Barbara <barbara.potter@co.multnomah.or.us>
To: 'Indigenous Support Coalition of Oregon' <isco@efn.org>
Subj: PDX Cal: 8/22 "Yugoslavia: NATO's Peace Plan and Aftermath of
the Bombing" 7pm Friends Meeting at 4312 SE Stark (fwd)

Hi Beth. I just talked to Bruce and there has been no date set. Plus, it
is just an Appeal in SF and only information already on record may be
argued. So, no elder testimony and such as I had thought. Take care and
please pass on. Thanks.
/snip/
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Also, for great internet tools please visit:
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--------- "RE: Big Mountain Caravan July 23-25th" ---------

Date: Tue, 17 Aug 1999 10:12:49 -0700
From: Robert Dorman <redorman@theofficenet.com>
Subj: Big Mountain Caravan July 23-25th, 1999

Mailing List: Big Mountain List <BIGMTLIST@onelist.com>

From: "Joelle Davis" <joelledavis@hotmail.com>
Date: Mon, 16 Aug 1999 17:27:09 PDT

Please post:
Hello everyone
On July 23rd Sol Communications lead a caravan of 8 people and 3 vehicles
from LA out to Big Mountain. The people of the caravan were:
Joelle Davis and El Eggart of Sol Communications
One representative of "Walking Shield", a non-profit organization that
donated pallets of bottled water, brand new boots, school supplies, games,
food, new clothing, a 160lb bag of dog food
4 volunteers that work with "Walking Shield"
David Adair, who drove the U-Haul
The following were donated by individuals and also taken up in the U-Haul:
2 filing cabinets, 2 office chairs, one bookshelf, and 2 computer desks
(these are for Marsha's office on the land), and more food and clothing.
The purpose of this trip was to introduce the people of Walking Shield to
the Dineh grandmothers/families of Big Mountain so that they can meet the
people that are "living" the atrocities known as the "Genocide of Big
Mountain"," and to take donations that had been gathered from Walking Shield
and others to the people of Big Mountain.
Due to the size of the donations it was necessary to rent a 17 foot U-Haul
truck. Thank you, Kimberly King-Burns for donating towards the cost of the
U-Haul truck and for raising the rest of the funds we needed for that truck
plus a little extra in only 5 days. Thanks also to Dotty Taylor, Elkanah
Burns, Sharon King, and Karol Black for donating towards the U-Hual truck.
And to Sol Communications, Nancy Butterfly, Suzanne Fletcher, thank you for
donating money towards this caravan. This caravan would not have happened
without your contributions.
Also, a big thanks to Wayne Nelson, who loaned me his "peach" of a
customized-out GMC extended cab, open bed, dual tired truck, complete with his
personal gas card to cover the gas for his vehicle on this trip, and a
hidden stash of emergency money that I found out about after we returned.
This vehicle was needed to carry the excess donations, mostly 2x4's for
KeeZee's corral, and so that David, El and I could ride back together after
David dropped off the U-Haul truck in Flagstaff, AZ.

We visited five families, all getting drops of donations:
KeeZee and Alice Begay (a grandmother and grandfather. He has a broken
hip and a bad heart)
Catherine Smith (one of the strongest resisting grandmothers-it was a
real honor for us to visit her)
Joan Yellowhair
Anna and Ella Begay (legends in their own right)
Glenna Begay (another strong resisting grandmother)
Our support via outreach on the mountain not only provides physical
necessities, but also helps keep up moral.

You should have seen that U-Haul truck going all over the Mesa-through
washes, ruts, puddles (it had rained recently), mud.....David, you were
amazing. Thank you so much for plugging right along and keeping a smile on
your face.
The looks on people's faces as they drove down the Mesa, seeing this
U-Haul truck go by....I'll never forget it.
Anyway, the trip was a success, we accomplished everything we set out to
do, and we got 6 new people up to the Mountain, so that their hearts could
be personally touched by the grandmothers and grandfathers, the families
that are literally putting their lives on the line to stay on their sacred
land.
Until the next caravan,
Joelle of Sol Communications

--------- "RE: Stillaguamish Disenrollment" ---------

Date: Sat, 14 Aug 1999 00:05:21 EDT
From: Aqiimuk@aol.com
Subj: posted on NativeWeb

Mailing List: TRIBALLAW (triballaw@thecity.sfsu.edu)

CIVIL RIGHTS GONE AWRY ON TRIBAL LANDS
Date Posted: 08-05-1999 21:48
From: T Oxstien, (E-Mail tmw27@hotmail.com)

AN OPEN LETTER TO THE STILLAGUAMISH TRIBE OF INDIANS

I am Thomas Oxstien. I am seventy-four years old. I am a Stillaguamish
Indian.
I have been a Stillaguamish Indian for as long as I can remember. I was
a Stillaguamish Indian before any of you were alive.
I was a Stillaguamish Indian before the Tribe was recognized and you
made your rules to decide who was Stillaguamish. We used to just know.
I was a Stillaguamish Indian when I went to school with Luellyn and
Katherine Goodridge.
I was a Stillaguamish Indian when I was called a half-breed in school
and in the Community.
I was a Stillaguamish Indian when I joined the Army Air Corps during
WWII.
I was a Stillaguamish Indian when I became an armor gunner and flew
fifty bombing missions over Germany to help save American Freedom and
our right to be a Tribe.
I was a Stillaguamish Indian when they refused to serve me, because I
was an Indian, in bars after I returned from the War.
Ester Ross considered me a Stillaguamish Indian when she stopped to
visit me in San Francisco while she was fighting for Tribal recognition.
She considered me a Stillaguamish Indian when I visited in her home.
I was a Stillaguamish Indian when our council enrolled my descendants
and me so the Tribe could get larger grants and programs.
I was a Stillaguamish Indian when the Tribe asked me to help dedicate
our new community center.
This council now believes they have the right to decide who I am, to
invalidate my life.
Who on this council has been called a half-breed in School?
Who on this council has been "legally" discriminated against because
they are Indian?
Who on this council was alive when Indians were still considered less
than full citizens?
Who on this council has risked their life in war so that we may now
survive with freedom to be a tribe?
I do not believe that you have the "Indian Right" or the "Spiritual
Right" to deny that I am a Stillaguamish Indian.
Whatever you may decide, by the Great Spirit and the beliefs of our
ancestors I and my descendants are and always will be a proud family of
Stillaguamish Indians>

AN OPEN LETTER TO FREEDOM LOVING PEOPLE EVERYWHERE FROM THE OXSTIEN
FAMILY
When in the course of Tribal events it becomes necessary for one family
to fight the political tyranny of another who are in power, not because
of ability, or desire to serve the common good, but because of family
size, intimidation, and lies, it is fitting and proper that they declare
before the Great Spirit, their oppressors, their fellow Tribal members
and the world as a whole their grievances and the reasons for the
actions they are about to take.
That these actions may tear at the very fabric of the Tribe sorrows us,
but a confirmed conviction of honor and right demands that we go this
course, as have freedom loving people in many parts of the World. It is
the side of right and justice loving people everywhere that we are
fighting on.
Many statements and charges will be made in this document. We ask and
demand that all interested parties review them for accuracy and honesty.
We will provide documentation to any with true concern or interest in
this situation.
This is the story of one family's plight that is retold in countless
venues in many areas of the world. It is the denial of due process of
law. It is the denial without redress, of the basic human need and right
to be safe and secure in their homes, at their jobs, and in their
community from discrimination, lies, slander, and dishonesty.
Please read the following and decide whether what has, and is happening
in the Stillaguamish Tribe of Indians is something that should be
allowed to happen anywhere, much less in the United States. The U.S.
Government fights in foreign lands to ensure basic human rights, but is
strangely quiet on the denial of human rights by Indian Tribes within
the United States.
The following pages state some of the specific charges and actions to be
taken to combat this infringement on the Oxstien Family's Civil Rights.
After that is a description of the actions that have led us as a Family
to take these steps.

CC: BIA, Tribal Court; Secretary of the Interior; ACLU; Senator Slade
Gordon; Representative Jack Metcalf; Seattle Times; Everett Herald;
Internet Home Page

Charges:
1. The Stillaguamish has either a) fraudulently enrolled Tribal members
in an attempt to secure additional and larger federal grants or, b) it
is fraudulently attempting to disenroll an entire family for political
reasons.
2. The current Chairperson (Edward Goodridge Sr.) is spending most of
his working day for which he is being paid as Fisheries Manager in
duties involving his duties as Chairperson or enrollment clerk. This
despite the fact that the Stillaguamish Tribal Constitution forbids the
Board from being paid unless voted on at a General Council. A more
troubling aspect of this to non-tribal individuals may be whether this
is an appropriate use of taxpayers dollars.
3. The Chairperson used Tribal time to file spurious personal
restraining orders in State Court against a member of the Oxstien Family
and used this as a reason for removing her from the Housing Board of
Commissioners (the order was quashed as without merit a couple of days
later).
4. Members of the Board of Directors (specifically Edward Goodridge Jr.,
and Marlice Delys) have made false and slanderous accusations against a
member of the Oxstien family involving child molestation and have passed
resolutions superseding federal laws in regards to these lies. They then
claim Sovereign Immunity not only for the Tribe but themselves
individually.
5. Members of the Board of Directors have threatened jobs of Tribal
employees if they stand up and tell the truth regarding actions they
have taken against the Oxstien Family.
6. The Board of Directors has fired two executive directors in the last
year and is on record of not planning to hire another one. This puts
some of them, (e.g. Edward Goodridge Sr.), in the conflict-laden
position of managing their own grants.
7. The Board of Directors has had negotiations with a local business
regarding having the business give the Tribe some land, then having the
Tribe put the land in trust. The Tribe would then lease the land back.
This is not legal as no land may be put in trust with encumbrances, even
if they are not in writing.
8. Members of the Board of Directors and/or their families have
encouraged Tribal members to file spurious restraining orders against
the Oxstien Family. There are serious questions about where these Tribal
Members who are very poor came up with the money to file these
restraining orders.
9. Members of the Board of Directors have fostered a climate of
hostility against the Oxstien Family.
10. Members of the Board of Directors acting in their dual capacities as
executive director and Board Members have made adverse job decisions
against members of the Oxstien Family without due process.
11. Decisions by Board Members have stopped Oxstien Family Members from
using the Food Bank, even though they are eligible and the funds do not
come from the Tribe.
12. There are many other instances of alleged questionable and possibly
illegal activities being taken by Board of Director Members, these
include threatening their own Families with disenrollment if they did
not vote for them. Bribing Tribal members to secure signatures on
petitions, threatening Tribal members housing or freedom to get them
retract statements or take actions. There are probably many others that
will come to light with a full investigation.

Desired Actions:
1. A full investigation by the Bureau of Indian Affairs into the actions
of the Stillaguamish Tribe's Board of Directors. If the BIA finds
situations that the Stillaguamish Tribe of Indians Board of Directors
does not correct it is urged to take whatever steps is within its
authority (although it is painful to say up to and including
termination) to ensure that the Stillaguamish Tribe of Indians follows
its own constitution and ensures due process and justice to all Tribal
and Community members.
2. A review by Congress regarding the blatant wrong of creating the
Indian Civil Rights Act and then not creating any mechanism by which it
can be enforced. A Federal Court (the Ninth Court of Appeals) in Wells v
Philbrick(1980), stated "the effect, after Santa Clara Pueblo, of the
ICRA is to create rights while withholding any meaningful remedies for
them...but it is for Congress, not the courts, to resolve this state of
affairs. It is 1999 and Congress still has not acted meaningfully on
this. If Congress is unwilling to create meaningful protection for
Tribal Members under the ICRA then it is urged to at least set up a
system to use its plenary powers over Indian Tribes to insure basic
Constitutional Rights that are supposed to be the right of all
Americans.
3. An investigation by the Secretary of the Interior of all grants
received by the Stillaguamish Tribe of Indians.
4. We encourage all freedom loving people to get involved. We are a
Family without a great deal of resources and fighting a dictatorial
Board of Directors is expensive. Anyone who has ever had to fight the
Government or "City Hall" will understand this. We encourage anyone who
knows of sources that may help us to contact us. We have not only been
fighting for identity with the Tribe but have been fighting the BIA to
get information and the secretive world of adoption (especially circa
1930) to get an honest story. (E-Mail tmw27@hotmail.com)
5. We also intend to pursue many other avenues on our own, from suing
the Board of Directors for private discrimination as individuals in
Federal Court as we do not believe their actions are protected by sovereign
immunity. Per Harlow v Fitzgerald and Mitchell v Forsyth public officials
only have immunity when acting in good faith.

BACKGROUND
This situation started as political adventurism by those who wished to
keep and maintain power by any means necessary. It has devolved into a
fight for one family to maintain its very identity. The story will be
told as briefly as it can be. The story started with the enrollment of
Thomas H. Oxstien and his decedents into the Stillaguamish Tribe of
Indians. Thomas H. Oxstien was abandoned when he was a young boy of five
in 1930. He was adopted by Thomas A. and Nellie Oxstien. Thomas A.
Oxstien was a Stillaguamish Indian. The Stillaguamish Board of Directors
knew of this adoption when family members were enrolled in the Tribe.
Thomas H. Oxstien even stated he was adopted on his application form.
Recently action was taken by the Stillaguamish Enrollment committee to
disenroll all members of the Oxstien Family. Edward Goodridge Sr. and
Marlice Delys started this action. It was started shortly after several
members of the Oxstien family had declared their intention to run for
the Tribal Board of Directors, and that they would not support Edward
Goodridge Sr. in his attempt to regain the position of Chairman. They
took this action despite the fact that Edward knew all along of Thomas
H. Oxstien's adoption and had recently issued all family members new
Tribal I.D. cards. He had discussed the adoption with members of the
Oxstien Family and had told them that his Aunt on her Deathbed had made
him swear to bring the Oxstien family back into the Tribe because they
were "Family". He later affirmed saying this in sworn testimony during a
disenrollment hearing.
That disenrollment hearing was conducted by the Stillaguamish Board of
Directors. Three members of the Enrollment committee were on the Board
of Directors (one of them, Marlice Delys had been drunk downtown prior
to the hearing bragging to all who would listen how they were kicking an
entire family out of the Tribe). Other members included Marlice Dely's
daughter Kelley Baker, and Edward Goodridge's nephew Shawn Yanity. Also
one member of the Oxstien Family, Richard Oxstien. Only after a
restraining order by the Tribal Court did members of the Board admit
that the burden of proof during disenrollment proceedings was on the
Tribe and that it had to be by clear and convincing evidence. As the
same people who started this action and their families were the majority
of the Board the decision was a forgone conclusion, this despite the
fact there were tears in many eyes when Thomas H. Oxstiens statement was
read (copy included). However when the Board first stated their findings
they stated that the Oxstiens had not proven that they were of
Stillaguamish descent, again switching the burden of proof. It was only
after the Tribal Court Judge that was present told them again that the
burden of proof was on the Tribe did they talk and change their
statement to indicate that they had proven that the Oxstiens were not of
Stillaguamish decent. This decision is still in appeal and will not be
effective until all appeals are complete, if unsuccessful. Throughout
his youth Thomas Oxstien, the boy, was often referred to as the bastard son
of his Uncle Andrew Oxstien. Thomas H. Oxstien was born shortly before
Andrew was killed and was adopted after his death. This is what the
Oxstien family believes as did many tribal members at the time. Andrew
Oxstien never married but according to Tribal records had one son, and
according to the sworn testimony of the current Tribal chairman, Edward
Goodridge Sr., had a second. There is no record of what happened to
these children. No names, no record of any kind. Edward Goodridge Sr.
swore under oath that he had met Andrews's son, but then he could not
remember where or when or what his name was. This was shortly after he
swore under oath that everyone who could be a tribal member was listed
in the Tribal records. The only evidence that was presented to prove
that Thomas H. Oxstien was not of Stillaguamish decent was a birth
certificate of a Floyd Taylor. This listed the birth parents as Helen
Jone and Herbert Floyd Taylor (it was an at-home-birth with no physician
in attendance). The only item attaching that birth certificate to Thomas
H. Oxstien is an alleged affidavit by Nellie Oxstien signed in 1941 as
the foster mother of Thomas H. Oxstien (the Oxstiens legally adopted
Thomas in 1931). Even a casual observer of Nellie Oxstien's signature on
Thomas H. Oxstien's adoption papers, which she signed in court and the
signature on the affidavit can tell that there is no comparison between
the signatures.
Newspaper articles (copies available) regarding Thomas H. Oxstiens
abandonment in 1930 with two younger children state that a Hazel Taylor
abandoned them. However, no record of this woman existed at the place
she was supposed to have worked with the person she left the children
with. According to the article she just disappeared and was never heard
of again. Speculation at the time was that the children might have been
kidnapped and then abandoned after the kidnappers became frightened. The
Washington Childrens Home Society thru where the children were adopted
has indicated that there was never any contact with the birth parents of
these children.
The Oxstien family has since the disenrollment action brought by the
Tribe filed a lawsuit against the Tribe. A recent Tribal Court ruling
stated that under Santa Clara Pueblo V Martinez and the fact that the
tribe has no civil code, that the Tribe cannot be sued due to sovereign
immunity. The fact that the Stillaguamish Constitution states that the
Court has complete discretion in all Criminal and Civil matters (no
clause creates an exception because of sovereign immunity) and that it
specifically directs the Board of Directors to establish a Civil Code
along with its Law & Order Codes seems to have been ignored by the
Court. We believe that legally each situation regarding sovereign
immunity re Santa Clara Pueblo V Martinez must be interpreted according
to every tribe's individual constitution as it is the law. Some Tribal
Courts have taken this view. Most others including the Tribal Court
contracted by the Stillaguamish Tribe are unwilling or afraid to make
waves regarding the Tribes that pay them.
This is the background that has lead up to the current situation of a
governing body run amok. Since the Tribal Court ruled as it did the
Board of Directors has intensified its discrimination against the
Oxstien family and feels that not only the Tribe but also as individuals
have sovereign immunity for whatever actions they may take.

Responses to this message:
There is 1 page with 1 message threads in this board.
CIVIL RIGHTS GONE AWRY ON TRIBAL LANDS from T Oxstien at 08-05-1999
21:48 disenrollment from Jennifer WhiteWolf at 08-13-1999 04:44
Reply to this message:
c. NativeWeb 1997,1998,1999

--------- "RE: Colville Tribes Public Defender's Office" ---------

Date: Thu, 19 Aug 1999 11:59:11 -0700
From: "Frank LaFountaine" <lafountaine@justicemail.com>
Subj: RE: public defender to handle only 25 cases per year...

Mailing List: TRIBALLAW (triballaw@thecity.sfsu.edu)

I am an Associate Judge with the Colville Tribal Court.
For the record, the Colville Confederated Tribes has a Public Defender's
Office,funded by the Tribe. The Office represents criminal defendants in
the Colville Tribal Court, who cannot afford an attorney. Defendants are
required to make a motion with the Court to have the Public Defender's
Office represent them. If the Public Defender's Office has a conflict of
interest, then an outside attorney is appointed by the Court to represent
the defendant.
Presently the Public Defender's Office is staffed by two attorneys, one
para-legal, and one legal office assistant. In the recent past, the
Public Defender's Office tried to hire an investigator for their office,
but the tribal funding fell through.
The Colville Tribal Court has over 500 criminal cases filed per year
where a defendant can receive jail time.
Generally the Tribal Public Defender's Office represents defendants both
at the trial level and at the appellate level. However, I assume that
where there was a claim of ineffective counsel at the trial level that an
outside attorney would be appointed for the indigent defendant-appellant
by the Colville Tribal Court. I believe that this has happened once within
the last few years in the Colville Tribal Court.
Of course, the Tribe's Public Defenders are well trained and experienced.
Most cases cases are disposed of by plea bargains as the Tribal
Prosecutors, who are also attorneys, appear to be reluctant to go to trial.
Of course, the Public Defenders always request jury trials.
As a past Tribal Public Defender and a past Tribal Prosecutor (not at
the same time), I miss jury trials in the tribal court. When I was a
Public Defender or a Tribal Prosecutor I tried numerous jury trials.
Frank LaFountaine

--------- "RE: New Cherokee Chief's First Week" ---------

Date: Mon, 23 Aug 1999 08:18:01 -0500
From: berryj@okstate.edu
Subj: (FWD)Indian News 08-23-99
Roger Iron Cloud
FirstNations Listserv
202.358.3252
rironcloud@acf.dhhs.gov

New Cherokee chief's first week
By ROB MARTINDALE
c. Tulsa World
8/22/99
Chad Smith said his first step was "to open the door to communication."
TAHLEQUAH -- Chad Smith arrived at his office before 8 a.m. last Monday
and immediately sent a letter to Washington, D.C., and then worked into the
night, meeting with top-level employees, city officials and council
members.
It was the start of a whirlwind schedule in the first week of Smith's new
role as the chief of the Cherokee Nation, America's second largest Indian
tribe behind the Navajo Nation.
The tight schedule continued Tuesday and Wednesday. On Tuesday he held
at least six meetings with groups of 200 employees each throughout the day.
On Wednesday, he took the get-acquainted sessions to tribal employment
centers at Stilwell, Sallisaw and Jay.
The meetings, the 48-year-old chief said, were held "to open the door
to communication," to hear from employees and give some insight into his
philosophy of how the Cherokee Nation should be managed.
Smith on Thursday was in U.S. District Court in Tulsa to drop the
Cherokee Nation's challenge of a federal judge's 1996 ruling that
recognized the Delaware Tribe of Eastern Oklahoma as a separate nation.
The Cherokees and Delawares will appoint delegates to resolve issues
linked to the case.
Smith this week has tried to calm the waters in the strife-torn tribe
by declaring that there might be job evaluations, but no firings are
anticipated at this time.
"We have a very positive attitude among the employees," Smith said.
"Everybody wants to get back to the business of serving the Cherokee
people." Smith also made some quick personnel changes.
However, it was learned Friday that Smith on Tuesday had dismissed the
administrative officer of the tribe's marshal service and five marshals
because of a lack of funds.
Smith indicated they would be able to apply for other positions with the
tribe.
Three department heads have also tendered their resignations in recent
weeks.
Smith also has taken time out of his schedule at the tribal complex to
meet with Tahlequah Mayor Jerry Cook and key members of the local Chamber
of Commerce.
On Friday, Smith went to a retreat of the tribal council at the
Shangri-La Resort near Afton on Grand Lake.
The chief went to the council retreat, a spokesman said, to touch base
with the legislative body and to discuss programs, the budget and other
issues.
His introduction as the head of America's second-largest Indian tribe has
been marked by numerous phone calls and letters of congratulations from
across the country.
"Our ministry is eager and stands ready to serve you and our Nation in
any way we can," Tulsa evangelist Kenneth Copeland said in a letter to
Smith.
"Take it slow and certain, and you will get done what you need to get
done," wrote Linda Welch, academic assistant at Dartmouth College in New
Hampshire, where Smith has taught Native American history classes.
"People are welcoming change and are hopeful. That's good news for me
and the Cherokee people," Smith said of the many pieces of mail coming
into his office.
The first item on Smith's agenda Monday was the signing of a letter to
the U.S. Department of Interior, requesting that law enforcement
responsibilities in the tribe be returned to Cherokee Nation law
enforcement officers.
It has been in the hands of the Bureau of Indian Affairs since former
Chief Joe Byrd fired the tribe's marshal service over two years ago.
A Monday evening council agenda was routine. Funding was approved for the
purchase of eyeglasses and denture work, and for $70,000 to cover costs of
this year's tribal elections.
Spending also was approved for a federal food distribution program, Pell
scholarships and vocational education.
The tribal council under the former administration was split 8-6 in
Byrd's favor, with one member holding a neutral position.
The split resulted in several canceled council meetings because of a lack
of a quorum.
Dorothy McIntosh, one of the new council members, said she believes the
days of legislative infighting at the tribe are at an end.
"It's a new day, and we are equal to it," said McIntosh, an Ochelata
resident who represents the Tulsa district.
Smith said his first days on the job have been long but smooth, and went
a long way toward returning unity to the tribe, which was split between
pro- and anti-Byrd factions before Smith defeated Byrd to become chief.
Smith said a certified public accountant has been hired to report on the
tribe's finances, which were at dispute in his campaign against Byrd. Smith
said there appeared to be shortages in the millions of dollars, but Byrd
said the tribe's financial condition is good.
The CPA's initial report, Smith said, is expected this week.
The tribe has an annual budget of more than $140 million, most of it in
federal funds.
Smith, a Sapulpa attorney, has moved into an apartment in Tahlequah and
says finding a house here for his family is the top item on his personal
agenda.
His wife, a deputy clerk in federal bankruptcy court in Tulsa, and two
children, ages 6 and 12, still reside in Sapulpa. A 19-year- old son lives
in Tahlequah, where he is a Northeastern State University student.

--------- "RE: Bingo Hall Introduces Tournament Blackjack" ---------

Date: Mon, 23 Aug 1999 08:18:01 -0500
From: berryj@okstate.edu
Subj: (FWD)Indian News 08-23-99
Roger Iron Cloud
FirstNations Listserv
202.358.3252
rironcloud@acf.dhhs.gov

Bingo hall introduces tournament blackjack
By ROB MARTINDALE
c. Tulsa World
8/22/99
With live dealers, chips, cards and gaming tables typical of Las Vegas,
Tulsa's Creek Nation Bingo took on more of a casino look Saturday with the
introduction of the bingo version of blackjack.
The hall on Saturday evening showed the game to members of the news media,
assuring them that it was aboveboard and meets state and federal
regulations.
Class III gaming, under which Las Vegas-type blackjack falls, is illegal
in Oklahoma, which permits bingo under a Class II designation.
The blackjack being introduced in Tulsa follows the legal Class II
description, Creek Nation officials said, because the players are betting
against other players and not the dealer.
The game, said hall General Manager Glen Coleman, is a tournament in which
players at a table play against each other.
"A recent decision on the categorization and legality of certain
tournament-style card games by the National Indian Gaming Commission paves
the way for tournament blackjack," said Allen Wallach, a spokesman for the
bingo hall.
The introduction of tournament blackjack marked another first for Tulsa
Creek Nation Bingo. Fifteen years ago it became the first bingo operation in
Oklahoma.
Attendance at the south Tulsa hall is estimated at 500,000 a year, Coleman
said.
The hall's patrons primarily play bingo on paper and computerized machines,
but a large number try their luck in the building's back room where
faster-paced versions of bingo are played on individual machines.
Coleman said consumer demand surveys "revealed positive feedback" on the
viability of the tournament blackjack game.
Coleman noted that thousands of Oklahomans weekly drive or fly to Las
Vegas or Mississippi, where casino games are offered.
Creek Nation surveys, he said, show that casino gaming, including
blackjack, is "one of the top three entertainment options of our current
bingo player base."
The game features "all the fun and live-action entertainment as Las Vegas
blackjack" with a few twists, Coleman said.
Instead of playing against the dealer, tournament blackjack players vie
for cash prizes against other players in a 10-set tournament format. After
10 hands are dealt, the players with the most "winnings" are awarded cash
prizes for first and second place, Coleman said.
Creek Nation Bingo pays out more than $1 million in cash and prizes each
month.
The tournament game is played on the standard seven-seat blackjack layout.
Coleman said procedures are in place to limit how much a player can risk
over a specific amount of time.
On average, Coleman said, Creek Nation Bingo pays out more than $1 million
in cash and prizes each month. It also generates hundreds of thousands of
dollars in revenue for the Creek Nation to fund health, education and
employment programs, and other services.

--------- "RE: Sheshatshiu Seeking Solutions to Solvent Abuse" ---------

Date: Thu, 19 Aug 1999 06:57:20 -0400
From: Larry Innes <innuenv@web.net>
Subj: News: Sheshatshiu seeking solutions to solvent abuse

Mailing List: Innu People Forum list <INNU-L@YORKU.CA>

A meeting has been arranged for next month to discuss the solvent
abuse problems in Sheshatshiu.
Key Words: ["Paul Rich", Band Council Leader; Health Canada; HRDC]
Media: VOCM-AM Reporter: Gerry Phelan
Date: 8/18/99, 7:47:45
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Gerry Phelan: A meeting has been arranged for next month to try and
deal with the problem of solvent abuse in the Innu community of
Sheshatshiu. Band Council Chief, Paul Rich, says the community is
very concerned about the rise in solvent abuse among young people
since two suicides late last month. Rich says the community needs
more resources to deal with the problem.
Paul Rich: We put up barricades and we did the best we can with the
limited resources that we had. But there are a lot more kids
sniffing gas now after we took the barricade down. But we took the
barricade down because we said as the Band Council and the Innu
Nation that we can only do so much because of limited resources and
you know we need help from the governments, the province and the
federal governments.
Gerry Phelan: Rich says a meeting is planned September 13th with
various stakeholders to discuss possible long-term solutions.
Paul Rich: We've got Health Canada coming in, we've got the Solicitor
General coming in, we've got the HRDC coming in, Justice Department,
we have all these program directors coming in and different
government officials where hopefully they will come up with some
answers to our problems.

--------- "RE: Florida Resists Seminole Tribe Gaming Once Again" ---------

Date: Wed, 18 Aug 1999 10:51:39 GMT
From: flaterritory@yahoo.com
Subj: Florida Resists Seminole Tribe Gaming Once Again

Newsgroup: alt.native

>From the Orlando Sentinel
www.OrlandoSentinel.com
How ironic that a county named after a famous Seminole Warrior Osceola
doesn't want the Seminole Tribe in their county.
- - - - - - - - - - - -
Osceola: Don't bet on casino coming here
Tyler Gray
of The Sentinel Staff
Published in The Orlando Sentinel on August 18, 1999.
KISSIMMEE -- The Seminole Tribe has applied for a gaming license in
Florida, which has Osceola County leaders concerned and ready to
fight.
Osceola County Chairman Chuck Dunnick, County Attorney Jo Thacker and
consultant Dick Batchelor have teamed up with the governor and
attorney general to head off a Las Vegas-style casino on land near
Kissimmee.
"We're not going to have near the swing of the governor," Dunnick
said. "But I think showing them that there is a local-based opposition
to anybody thwarting the rights of the state or local governments --
and basically just flaunting that in their face -- is the issue we're
going to keep in the forefront."
Gaming applications by the Seminole and Miccosukee tribes do not
mention Osceola. But county leaders say the Seminoles have identified
the county as a possible site for a gaming operation during
negotiations with Gov. Jeb Bush.
In April, the U.S. Department of Interior released federal rules that
could open the door for Native American casinos in Florida.
Attorney General Bob Butterworth sued to block the rules, and the
issue of gaming has since set off a power struggle between state and
federal governments.
Bush and Butterworth have released a response to the Seminole Tribe
of Florida's gaming application, citing court cases and other evidence
why casino gambling would undermine the will of Floridians.
Voters have rejected gambling in three statewide ballot questions
since 1978.
Thacker says the county should have its own response to the
application ready soon.
"We're going to focus more on what our fight would be," she said.
Osceola leaders say they will call upon residents to voice their
opinions loudly. County voters passed a charter amendment banning
gambling in 1994.
The Seminole Tribe has been negotiating to buy 3,000 acres between
Neptune Road and Florida's Turnpike.
Before gaming applications were filed, an attorney for the Seminoles
based in South Florida said the tribe was planning a theme park on the
property. He did not return phone calls Tuesday.
Osceola County has hired Orlando-based Batchelor to coordinate
meetings with key state and national elected officials.

--------- "RE: Anoatubby Wins Fourth Term as Head of Chickasaws" ---------

Date: Fri, 20 Aug 1999 08:22:19 -0500
From: berryj@okstate.edu
Subj: (FWD)Indian News 08-19-99
Roger Iron Cloud
FirstNations Listserv
202.358.3252
rironcloud@acf.dhhs.gov

Anoatubby wins fourth term as head of Chickasaws
c. Tulsa World
8/19/99
ADA -- Bill Anoatubby had no trouble winning election to his fourth
consecutive four-year term as the governor of the Chickasaw Nation.
Anoatubby and his running mate, Lt. Gov.-elect Jefferson Keel, received
54.8 percent of the vote Tuesday to easily outdistance two other candidates.
Second in the running, with 25.6 percent of the vote, were candidate
Wilson Seawright and running mate Jerry Imotichey. Seawright is a tribal
judge who works for the state Department of Human Services. Imotichey is a
tribal legislator and a past gubernatorial candidate.
Lt. Gov. David Brown, who had called for term limits and openness in
government, finished third. He and running mate Beverly Tallbird received
19.6 percent of the vote, election officials said.
Tribal election officials said they didn't have the number of ballots
cast. The tribe has 39,000 members.
Anoatubby and Keel will take over after swearing-in ceremonies Oct. 1.

--------- "RE: Former Sac & Fox Chief Won't Be on Primary Ballot" ---------

Date: Fri, 20 Aug 1999 08:22:19 -0500
From: berryj@okstate.edu
Subj: (FWD)Indian News 08-19-99
Roger Iron Cloud
FirstNations Listserv
202.358.3252
rironcloud@acf.dhhs.gov

Former Sac & Fox Chief Won't Be on Primary Ballot
By Mark A. Hutchison
c. The Oklahoman
08/19/1999
STROUD -- Dora Young will not be allowed to vie for chief of the Sac &
Fox Nation, the tribe's election board has decided.
Instead, another primary election will be held without Young on the
ballot.
Young finished second (103 votes) behind Chief Don Abney (128 votes) in
the July 24 primary election. There were seven candidates.
The general election had been scheduled for Aug. 28.
But third-place finisher George Thurman (91 votes) challenged the election
results. He said Young is not eligible for tribal office and that she
campaigned within 100 feet of a polling place during the primary.
The 12-member election board heard the protests Aug. 9 and voted to
declare Young ineligible.
"This is amazing; every time she (Young) gets close to getting back in
office, they change the rules," said Young's attorney, James Lynam.
Thurman wrote in his protest that because Young has been removed from
tribal office and has exhausted her appeals, she cannot be a candidate.
Lynam disagrees, saying Young won on appeal and that the tribal court has
ruled she can be a candidate.
Concerning the electioneering charge, Thurman accuses Young of engaging
tribal member Melanie Roberts in the parking lot outside the Shawnee
polling place and asking her to vote for Young and a candidate for second
chief, Darrell Gray.
Boyd said there are two witnesses who verified Young was campaigning at
the polling place.
Even if Young were guilty of electioneering, Lynam said, it is not enough
to overturn election results.
Young is asking that the election board decision be overturned. A hearing
in the tribe's district court is scheduled Tuesday.
Young was chief of the tribe in the 1970s and defeated Abney 113-112 in
1995. But in March 1997, the tribe's general council ousted Young after a
tribal grievance committee accused her of denying tribal members freedom of
speech.
Abney was elected to fill Young's unexpired term. Young appealed her
ouster and appeared to have won a reversal in August 1998 when the tribal
Supreme Court ruled she was removed without due process. The court also
ruled Abney's 1997 election null and void.
But the tribe did not recognize its Supreme Court's decision.

--------- "RE: Nations/Relations Need Help" ---------

Date: Tue, 17 Aug 1999 19:42:43 -0500
From: not@inthe.game (justanoldman)
Subj: Nations/Relations need help

Newsgroup: alt.native

d'laan'te'.. News from a Yesterplace of many personal scars, well-spring
of nightmares... in the next post.
First I want to say something about el Salvador today, & how you can
help make things better, & why maybe you should do something. This is not
an easy place for me to visit, even in thoughts.
Nothing has changed in El Salvador since the signing of the peace,
except that the people of the Nations handed in the arms with which they
had beaten the Salvadorean armed forces (& their US "advisors") to a
standstill.
The 100's of millions of $$ that the World Bank had given as price for
the UN-brokered peace, with which the "insurgent" Indians were supposed to
buy their ejidos & farms from the 17 ruling families that own the entire
country & control OVER 99% of its wealth? Well, those funds were all
used in "administration of the program" before a single campesino could
get a single dollar to buy a single acre. Now the "squatters" are being
evicted by force.. army & bulldozers & gunships hovering above. The
"squatters" are families of the First Nations of the land that has
recently been designated "El Salvador", "squatting" om land that they have
lived on & worked for generation after generation.
For almost twenty-five years, from the late 60's until the early 90's,
the families of the Indian peoples in El Salvador have been butchered for
asking for "too much".. for clean water, for the right to feed themselves
with what they grow, for health services .., for dignity. At the signing
of the peace, after 300,000 had died in slaughters such as the
ethnic-cleansing/rubbing out of the village of el Mizote ('78), they
finally came down out of the mountains by the ten's of thousands, going
home where they'd lived & where their grandfathers & grandmothers are
buried, to raise their sons & daughters in the Great Peace. Now they could
finally have individual or collective ownership of the land they'd cared
for for so many generations.. they thought.
The "free global market" (a.k.a. US Economic Policy) has declared the
arable land (everywhere on earth) is "solely productive" as huge
agri-business tracts, cultivated, fertilized & pesticide/herbicide
disinfected of vermin (& Indians), by manufactured products that keep US
corps flying higher than they should be.. US agri-business exports to
Mexico are up over 800% since 1995... up over 600% in the rest of Central
America.. etc., etc.
The "administrators" of the "Land Bank", as was required by the World
Bank, was/is the "democratic" Government of El Salvador. Which just
happens to be dominated by the ARENistas. Which just happens to be
entirely funded/ruled by the 17 ruling families, whose thousands of
family-owned "companies" deliver all government services, all utilities,
all economic development programs, own the agri-businesses, the
maquiladoras/sweat shops where the displaced have to work 12 hrs/day at
avg. $5/day to feed their families, & the same 17 families run the ports,
the airports, the highways, the.., well you get the point.
Oh yes, I almost forgot. They also run the DELCONTE. That's the
SOA-Langley-trained secret police/death squads, now being funded (60% of
their budget) by US taxpayer $$ under the guise of the ubiquitous
"one-size-fits-any-insurgency" blanket labelled "The War On Drugs!" ...
These are the pond-scum that make sure that those uppity Indians don't
even think about re-acquiring weapons. And to make sure of that, they
"take care of" any Indian who thinks, period. (& sometimes even if one is
just rumored to be thinking, it can mean being disappeared.)
"Ahh.., the smell of Jesse Helms' favourite export, genyoo-wine
democracy! Don't you love it, Ollie?!"
I could write several books about el Salvador, & all of the good, brave
hearts I left there, along with a good chunk of my own..., but this is
already much to long. So as a personal favour to me, please read the post
I titled (with apologies to Carlos Santana) "Blues for el Salvador 99".
Then please consider expressing your support. Just so word gets back to San
Salvador that the world is watching...
masi:cho...
joam/e'ne'thekwe'

--------- "RE: Blues for El Salvador 99" ---------

Date: Tue, 17 Aug 1999 19:43:50 -0500
From: not@inthe.game (justanoldman)
Subj: Blues for el Salvador 99

Newsgroup: alt.native

d'laan'te'... With ref to post "Nations/relations need help"
The insert [<->] is mine.
joam/e'ne'thekwe'
--------------------------------------
Date: Tue, 17 Aug 1999 08:35:43 -0700
From: ncdm <moonlight@igc.org>
Subj: Association of Indigenous Salvadorans

Hello friends,
Chief Adrian Esquino Lisco, head of the National Association of
Indigenous Salvadorans, is facing yet another in an ongoing series of
harassment actions instigated by the Salvadoran national government, at
the behest of the conservative ARENA political party.
Earlier this year Chief Adrian Esquino Lisco beat falsified criminal
charges of usurping authority and the theft of a "desk." The 83 year old
chief, who is suffering from advanced diabetes, spent several months
earlier this year defending himself from these charges, after being tied
up, manhandled and jailed. These harassment actions are direct retaliation
for Chief Adrian's lifelong work advocating for the rights of El
Salvador's Lenca, Nahuath and Mayan indigenous peoples. [As a distinct
peoples per UN/World Court definition, i.e., as First Nations.]
Apparently Adrian Esquino Lisco is not jailed yet, but the government has
begun a process to try to put him there, based upon re-activating charges
that the Chief beat in El Salvador's courts earlier this year.
Further complicating this case is the fact that the lawyer who won Chief
Adrian's release from jail earlier this year is owed several thousand
dollars, and has just announced his withdrawal from Chief Adrian's legal
defense. This leaves Chief Adrian without legal defense in this new act of
harassment.
Chief Adrian is undergoing treatment for diabetes, and currently needs
an expensive operation.
In a related development, the Salvadoran civilian police have evicted
ANIS members from their current offices, and they are not allowed to go
back to those offices, effective immediately.
It is quite "curious" that these events have occurred the day after
Adrian Esquino Lisco's two co-workers applied for tourist visas to the U.S.
Adrian Esquino Lisco already has a visa. Apparently, under the Salvadoran
government's re-activation of the case against Adrian Esquino Lisco, he
most likely cannot travel out of the country now. The two visa
applications by ANIS workers were denied on August 11th, 1999.
According to Margarito Esquino, the right-wing ARENA political party has
organized these political harassment activities against ANIS. The ARENA
party is openly hostile to ANIS, and does not want any formal recognition
of the rights of Indigenous peoples to occur in El Salvador. Indigenous
peoples make up a significant part of the Salvadoran population.

Currently ANIS and Margarito Esquino need several things:
- Phone calls and faxes sent to Senator Kennedy, Senator Christopher Dodd
of Connecticut, Rep.'s Luis Gutierrez of Chicago, IL and other sympathetic
congressional members.
- Flyers explaining this event, for distribution at various events
Everybody's efforts are needed to put pressure on the Salvadoran national
government at this time.

Here below are a list of essential contacts.
Thanks to all of you for your efforts.
Peace.
- Chuck Goolsby (301) 353-8498

PS 1: Margarito Esquino (the son of Adrian Esquino Lisco) leader of ANIS
in the U.S., may be reached (mostly in Spanish) at: (301) 562-8459
PS 2: Detailed information about the history of the conflict between ANIS
and the Salvadoran government (including death threats, bombings,
attempted assassinations and murder endured by ANIS supporters) may be
found at:
<http://members.tripod.com/~anis_usa/>
(This WEB site will be updated shortly)
PS 3: Margarito is also going to call the U.N. Office of Human Rights in
New York (212) 963-4097. Your calls would also be appreciated.
PS 4: We ask people to contact the following congressional members who
are familiar with the case of ANIS:
1)
Senator Edward M. Kennedy
Telephone: (202) 224-4543
315 Russell Senate Office Building
United States Senate
Washington, DC 20510
2)
U.S. Senator Christopher Dodd,
Connecticut
senator@dodd.senate.gov
444 Russell Office Bldg,
United States Senate Washington, D.C. 20510
Phone: (202) 224-2823
3)
U.S. Representative John Joseph Moakley,
Massachusetts, 9th District
joe.moakley@mail.house.gov
235 Cannon House Office Bldg,
Washington, D.C. 2051
Phone: 202-225-8273 Fax: 202-225-3984
Chief of Staff: Kevin Ryan
4)
U.S. Representative Esteban E. Torres,
California, 34th Dist.
arcoiris@mail.house.gov
2269 Rayburn House Office Bldg,
U.S. House of Representatives
Washington, D.C. 20515
Phone: (202) 225-5256 Fax: (202) 225-9711
5)
U.S. Representative James McGovern,
Massachusetts, 3rd Dist.
512 Cannon Bldg,
Washington, DC 20515
Phone: (202) 225-6101 Fax: (202) 225-5759

--------- "RE: Highway 55 Update" ---------

Date: Fri, 20 Aug 1999 07:12:19 -0500
From: JRP <jrp05@gnofn.org>
Subj: Mendota Update 8/17, and links

http://members.aol.com/noreroute/Highway_55_occupation.html

(forwarded from Diane Kerr, Linda Brown, and Jim Walker, at Mendota)
8/17/99 - Dear Friends, Sorry I have been off the air for so long, I
got a new computer and when we tried to transfer files I lost
everything on my Email.I have tried to add everyone back into my
mailing list, but I know I have missed a few people. For that I
apologize. It feels wonderful to be back in touch with you all again.
Things have been quiet here for the last few days,we had a wonderful
1 year anniversary celebration.
We are still working on different aspects in this fight, but we still
need all your support. The north side coalition along with lawyers
from the NAACP will file an injunction against the tearing down of
affordable housing on the north side of highway 55 and we are still
working with them on both issues.
Many people have come to visit the encampment from all over the states
and we welcome everyone who would like to come. I will not be doing
updates until next week again. Sorry. I will ask all of you to check:
members.aol.com/noreroute/Highway_55_occupation.html for any new
updates on events that may be happening right now. Take care everyone.
My thoughts and prayers are with all of you. Love Linda
8/8/99 - Dear Friends, there have been no new arrests since Thursday,
but we have been active in many ways since that time. Friday afternoon
we filmed a local cable show called Healthy Nations News, this is
produced by a Native American and will be shown on Minneapolis cable
channel 33 every Sunday evening at 7:00PM through August. We addressed
the brutally of the recent arrests and also the blatant racism shown
by the local police here. Today Ken Bradley and I also spoke for an
hour on a local radio station about the reasons the coalition are
still fighting this road.
We also had our 2nd Annual Pow Wow today, the weather was perfect,
sunny and mild, over 300 people attended and we had a huge feast at
five o'clock. Everyone who attended brought something to share and we
never ran out of food, we are blessed with all the love and support
from everyone who was there. This was a very joyous occasion for us
all. Mike Haney made it back in town for this and of course added his
wonderful touch to the festivities. Tuesday we will be having our one
year anniversary of the encampment, and we are again working hard to
make this as big a success.
On a more somber note, I drove past the construction site yesterday
and the destruction is overwhelming. All that remains in this area now
is just overturned earth. No sign of the original beauty of this special
place. Standing alone in middle of the destruction is a statue of
Longfellow who of course made this place famous when he penned his poem
about this area. But wait! someone has replanted trees in all this
desolation, in front of the statue now stand four small trees, they don't
offer much shade in comparison to the ones that were removed, but it warms
my heart to see them there. Of course the machines may destroy them
tomorrow, but a kind heart placed them there for all to see and lift our
spirits. Thank you whoever you are.
We are still here, we are still fighting, we will continue to fight.
Please keep us in your prayers. Pidamiya, Love Linda
Please see also the following URLs. Please bookmark these sites.
Webmasters, please link to these sites. Please repost this message to any
lists or newsgroups where you feel is appropriate.
MINNEHAHA FREE STATE
Mendota Sacred Sites -
http://hometown.aol.com/dmkerr9/Mendota_Sacred_Sites.html
Reroute Archive - http://www.robworld.net/stop_the_reroute/
Tom Taylor's Site -
http://members.aol.com/noreroute/Highway_55_occupation.html
---------- Forwarded message ----------
WEBMASTERS, please add the following links to related websites (at the
bottom of this message a tidy arrangement of these links is supplied in
html code), also please advise as to the existence of other sites
devoted to the three occupations:

RIDE UPDATES
The Planned Route - http://www.robworld.net/unity/maps.html
OCETI SAKOWIN
Oceti Sakowin - http://www.alphacdc.com/treaty/island.html
Indian Treaty Land - http://www.alphacdc.com/treaty/island-0615.html
CAMP JUSTICE
Camp Justice - http://shell.webbernet.net/~ishgooda/oglala/
Pine Ridge vs. White Clay -
http://www.journalstar.com/slide_show/photos/pine_ridge/
AMERICAN INDIAN RELIGIOUS FREEDOM ACT, August 11, 1978
http://www.robworld.net/unity/1978.html

Note from Dee:
This will probably be the last many will hear from me for a while. I must
spend the weekend with my family. In a few days I will be leaving for
ceremony and for Mendota. I will be away and offline until first week in
October. Please do not send me any unnecessary mailings until I return.
Thanks.
Thanks to all for the work and prayers you are doing to support this and
other struggles of the people. Keep up the good work!
Thanks
Dee

--------- "RE: MNDOT Dewaters Minehaha Creek" ---------

Date: Sun, 22 Aug 1999 02:29:39 -0600
From: power4u@mtn.org (power4u)
Subj: MNDOT DEWATERS MINEHAHA CREEK - FALLS

NEWS ADVISORY 8/20/99 --MINNEAPOLIS, MN
FOR MORE INFO CALL:JIM ANDERSON : 612-910-0730
or CHRIS STEVENS: 651-398-5249
MNDOT DIVERTS & DEWATERS MINNEHAHA CREEK
MINNEHAHA FALLS AT RISK!
THE WATER LEVEL IN THE CREEK IS ALREADY DROPPING!
As part of their continuing destruction of Minnehaha Park, the Department
of Transportation has begun shutting down the flow of Minnehaha Falls. To
do this they have diverted much of the water flowing into Minnehaha Creek,
and have installed drainage wells to suck the groundwater from the area
around the falls.
WHY ARE THEY DOING THIS? In order to collect $548 million dollars from
taxpayers in pork barrel highway funds and appease the suburban developers
and the Mall of America, MnDOT is "rerouting" Hwy 55 out of the current
corridor and through the park..
Too bad they couldn't spend a bit of that money fixing the current road!
Minnehaha Falls is a city treasure, and is the first state park in America,
(Niagra Falls was the second!). Minneapolis is world renowned for it's
neighborhoods and parks. This road has been fought tooth and nail by the
neighborhood since it was first proposed over 40 years ago.
They say it is a "done deal", but the public has never even been given a
chance to shake on it.
What kind of democracy do we live in if we can't stop this now in our own
backyard? Is this Minneapolis, or LA?

--------- "RE: Hassels Bringing a Spirit Drum to Prison" ---------

From: MaDark@aol.com
Date: Fri, 20 Aug 1999 09:05:30 EDT
Subj: Fwd: (no subject)
------- FORWARD, Original message follows -------
Date: Thu, 19 Aug 1999 21:01:27 EDT
From: Ojibwawife@aol.com

Dear Supporters,
The last two weeks I have spent making calls to the individual prison
facilities in Colorado to find out how to get a spiritual drum group
approved for a visit. Each facility's volunteer coordinator (that I was
able to reach), stated that the individuals just needed to give their
name, address, social security number and driver's license number for
clearance. They also stated to me that if they had any felony
convictions in the last five years they may not be admitted, but any
before that would show up on the clearance, but would NOT disallow them
from being admitted.
Today I received a call from the Colorado Department of Corrections,
Regional Volunteer Coordinator, Lee Hendrix, telling me that the DOC will
not allow anyone from N.A.T.I.V.E.S. to go into any prison in the state
of Colorado until we get clearance from the Colorado Commission on Indian
Affairs. I asked him why the Native Americans had to have clearance from
TWO state entities, when the Christian groups only had to be cleared
individually and he just stated that "that's the way it is", that
Colorado has a state statute that makes it a law that all Native American
activities and groups MUST be cleared first by the CCIA and then again by
the DOC. He then told me I could either, "accept it, or reject it".
When I stated that I felt that was discrimination, he told me, "I don't
care what you think". At the end of the discussion, he stated that
N.A.T.I.V.E.S. could not contact any facility in the state of Colorado
directly again, that I was to contact the Regional office only and THEY
would decide what we could and couldn't do and again, only after the CCIA
had checked our organization out to make sure we were "legitimate"and
given us their approval.
Mr. Hendrix also stated he could not understand why we refused to work
through the CCIA. I told him that I did not think a state entity with
only ONE Native American employee (who, by the way, is Karen Rogers and
she does a GREAT job, especially under the circumstances! ) should be
designated the final authority on Native American spirituality. There
should be a separation of church and state, even if Native Americans
don't have a legitimate "church", there needs to be someone other than
the state controlling spiritual decisions. I also told him we NEVER
refused to work through the CCIA and had never been told we NEEDED to be
cleared by them in all the four years we had been doing volunteer work in
Colorado. As far as being "legitimate", I personally sent Mr. Hendrix
all our paperwork several months ago, from the IRS and the state on our
nonprofit standing, so I have no idea what else needs to be proved. This
is just another step by the DOC to stop volunteers for the Native
American inmates.
They have literally stonewalled every positive program that we have
tried to get introduced into the prisons, whether they were rehab,
spiritual or educational. Not ONE would have cost the DOC a penny, were
sponsored by outside supporters and needed no additional hours by
personnel. Nothing that was proposed would have caused additional work
or money in any way. Nevertheless they were blocked. We have always
maintained a respectful approach, have gone directly to the programs
directors to find out the right way to have herbs, rocks, etc..sent in
and they have been held up for months at a time. The DOC fought tooth
and nail to stop the introduction of the Medicine Wheel Program, that
would have been donated to the facilities by our organization, which is a
well known and successful 12 step program based in Native spirituality.
We tried to get continuing education introduced, sponsored by one of the
local colleges, with courses either paid by supporters or by the inmates
and their families - again, no cost or effort needed by the DOC, that too
was blocked. Although the clearance checks are to go back only 5 years
for the spiritual advisors, when we asked Selo Black Crow to come in,
even though he passed clearance and was admitted (with very successful
outcome and ceremonies) the DOC went back 15 years to keep him from being
admitted a third time. The "criminal" charge they found was an old DUI,
committed the day he lost his brother to cancer. I can go on forever,
but the final word is "DISCRIMINATION".
I have contacted the CCIA, since Mr. Hendrix could not and/or would not
give me the number of the statute he stated he was following by blocking
our group from support work and although Karen was on the Western Slope
at a meeting, her office is trying to locate the statute that he was
referring to. I will send that information as we get it.
Let me state this: I have NO criminal record, I don't use drugs and
never have, I haven't had an alcoholic beverage in more years than I can
count and have never done anything that would give the DOC reason to
block our access to these prisons. We have played by their rules, even
when they haven't and now they want to eliminate our support and
supporters altogether.
Monday I have a meeting with the Civil Rights Commission, since we have
had no luck with the ACLU at all and as soon as they show me the statute
that Mr. Hendrix wasn't able/willing to give me, we will probably file
suit. If anyone has any contacts with the Colorado ACLU or other
organizations that would be willing to help, we would like it if you
could share that with us. We have some other options, but are not able
to discuss those at this time. Dealing with the Department of
Corrections directly at this time isn't an option any longer. It is
obvious from the last few episodes that the only thing they want is my
husband sent back to Minnesota and N.A.T.I.V.E.S. out of their hair.
We will keep you posted as this progresses.
In The Struggle,
Renee Still Day

--------- "RE: U.N Sub-commission: Statement on Leonard Peltier" ---------

Date: 19 Aug 1999 22:20:24 GMT
From: "Celine" <Celine.Vaquer@wanadoo.fr>
Subj: Fwd: U.N Sub-commission : statement on Leonard Peltier

Newsgroup: alt.native

>From the warriornet mailing list :
>Date: Thu, 19 Aug 1999 18:59:10 +0200
>From: "Condori" <tcondori@puebloindio.org>

Commission on Human Right
Sub-commission on Prevention of Discriminations and Protection of
Minorities
51st session
Agenda item 9
The Administration of Justice and Human Rights
Native American Political Prisoner/Indigenous Human Rights Defender,
Leonard Peltier

Mr. Chairperson,
My name is Anne-Francoise Meckenstock speaking for Bobby Castillo the
international spokesperson for Leonard Peltier Defense Committee,
speaking under the human rights NGO, Consejo Indio de Sud America(CISA).
We want to, once again, address the United Nations about the case of
world recognized human rights defender and Native American political
prisoner, Leonard Peltier.
Mr. Peltier has now been in prison in the United States for twenty-three
years for a crime he did not commit. He has become a notorious symbol of
injustice toward Indigenous Peoples. During the official celebration of
the 50th anniversary of the Universal Declaration of Human Rights in
Paris last December, Leonard Peltier was recognized by the world
community as a human rights defender. At this occasion several Nobel
Prize Laureates and human rights NGOs including Amnesty International,
France Liberties, and the International Federation of Human Rights
called for the immediate release of Mr. Peltier.
In November of 1993 former US attorney general, Ramsey Clark, filed a
petition for Executive Clemency at the White House on behalf of Mr.
Peltier. On average a review of such a petition is completed in six to
nine month and rarely does it take longer than two years for one to
receive a response. However it has been over six years since Mr.
Peltier's petition was filed and the President has not yet responded.
Additionally, Mr. Peltier has been held eight years in excess of the
Parole Commission's own guidelines for release. The Commission set his
next parole hearing for the year 2008, 17 years in excess of the
Commission's release guidelines and six years after the date set by
Congress for the total abolition of the Parole Commission itself. The
reasons the Parole Commission have given for denying him parole have
been arbitrary, capricious, discriminatory, and in violation of his
civil and human rights. Such practice can be considered a clear form of
arbitrary detention in violation of International Law standards.
Furthermore, Mr. Peltier's health continues to deteriorate as a result
of the prison authorities' denial of proper medical treatment. If Mr.
Peltier does not receive immediate medical treatment, his health
condition will further deteriorate into a life-threatening situation.
One can easily interpret the terrible health condition that Mr. Peltier
has been forced to endure for many years as cruel and unusual punishment
for a crime he did not commit. To allow him to remain in excruciating
pain for the last three years can also be considered a form of torture.
Additionally, the Federal Bureau of Prisons recently stated that Mr.
Peltier is suffering from "diabetes, a cardiac condition, and
hyperlipedemia". He has had a stroke before and the above are making his
situation even more urgent. Leonard Peltier has also lost 80% of the
vision in his left eye.
By denying Mr. Peltier appropriate medical treatment, the US prison
authorities are violating the Universal Declaration on Human Rights
(article 5), the United Nations International Covenant on Civil and
Political Rights (article 7), the United Nations Standard Minimum Rules
for the Treatment of Prisoners (part 1, article 22 (2)) and the
Universal Declaration on the Protection of all Persons from being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (article 1).
Last February 11th the European Parliament adopted a new resolution on
this case insisting that he be granted presidential executive clemency,
that he be transferred to a hospital where he may receive appropriate
medical treatment, and reiterated their call for an investigation into
the judicial improprieties involved in his conviction.
On December 10th, 1998, President Clinton signed a executive order for
the implementation of International human Rights treaties signed by the
United States and about their obligations pursuant to the International
Covenant on Civil and Political Rights, the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
Convention on the Elimination of All Forms of Racial Discrimination.
In light of this executive order and considering the situation of Mr.
Peltier, we request that the Sub-commission on Prevention of
Discrimination and Protection of Minorities adopt a resolution on the
case of Mr. Peltier and support the appointment of a Special Rapporteur
to carry out a visit to the United States to study the US administration
of justice based on racial discriminations and to investigate the case
of Leonard Peltier, a recognized Indigenous Human Rights Defender, as
well as the cases of other political prisoners like Ramsey Muniz and
other Xicano movement prisoners, Oscar Lopez Rivera and the Puerto
Ricans Independence prisoners, Mumia Abu Jamal and the Black Liberation
prisoners and the condition of detention of the 1,8 million prisoners in
the United States, specially at the Marion Control Unit, Leavenworth
federal penitentiary, Pelican Bay State Prison, Florence Institution,
among others and to make a report to the Human Rights Commission in the
spring 2000.
Mr. chairperson, I thank you for your attention.
Anne-Francoise Meckenstock for Bobby Castillo
Leonard Peltier Defense Committe/International Spokesperson

--------- "RE: Tuscarora Activist Eddie Hatcher Jailed Again" ---------

Date: Sun, 22 Aug 1999 15:54:47 EDT
From: FNAIC@aol.com
Subj: "Takeover" - again

Tuscarora Indian Activist Eddie Hatcher Jailed Again
Tuscarora Indian activist Eddie Hatcher was arrested on June 1, 1999 in
Hamlet, North Carolina. He is charged with first degree murder in the May 31
drive-by shooting death of Bryan McMillian and assault with a deadly weapon
in the wounding of Michael Anthony Locklear on May 19.
Eddie says, "I didn't kill nobody." He writes that occupants of the house
in which McMillian was killed initially described the car they saw and told
the police who they thought had fired on the house. Now, it is Eddie who is
being accused of firing into the house from a car not fitting the original
description. Hatcher, with a history of activism which includes taking on
corrupt law enforcement in Robeson County, North Carolina, says, "I had
forgotten how much this state, this government hates me. They are moving
beyond all speed in this case. They are trying me for my life. They are
trying to put me on death row now. And something about this case really
scares me."
Eddie is right to be afraid. He states, "They say I should get the death
penalty because of my past conviction - the takeover." Robeson County
District Attorney Johnson Britt is seeking the death penalty and local law
enforcement and the judicial system have good reason to go after Hatcher.
By the late 1980s, Eddie and others had found evidence that local and county
law enforcement officials and business people were complicit in drug
trafficking in Robeson County. The rural farming community was deluged with
cocaine and being referred to as the Little Miami of the East Coast. Hatcher
was also questioning the many unexplained and unsolved murders of African
Americans and Indians in the county. After early 1988 attempts to obtain
help from the federal government on these issues failed, Eddie and Timothy
Jacobs, another Tuscarora Indian, occupied the offices of a local newspaper,
The Robesonian, in an attempt to focus attention on these issues. Eddie's
only demands in the takeover were an investigation into the corruption and
murders and, afraid for their lives, that he and Timothy be turned over to
federal agents rather than the state.
Less than twelve hours after the armed takeover, their demands were agreed
to and both men surrendered. Bob Horne, then the editor of The Robesonian,
says he walked out of the building with Eddie to insure that he would not be
gunned down.
The state withdrew charges against Hatcher and Jacobs and they were tried
in federal court for hostage taking and other charges in September 1988.
According to one trial witness, the Robeson County Sheriff, Hubert Stone,
and North Carolina Bureau of Investigation agents had met and decided they
would "have Eddie Hatcher before the week was out." The jury delivered a not
guilty verdict, stating that they believed Hatcher was justified in his
actions because he feared for his life.
After the defeat in federal court, North Carolina reinstated their
kidnapping charges against Hatcher and Jacobs in December. Denied legal
representation by the court and worn out from fighting, Eddie pled guilty
and accepted an 18 year sentence after being told he would be out on parole
in little more than two years. Timothy Jacobs also pled guilty and received
6 years. Still imprisoned in 1995, Eddie was diagnosed with AIDS and nearly
died from AIDS related pneumonia. The North Carolina Parole Board finally
released him in May of that year.
While in prison, Eddie helped fellow prisoners, writing and filing legal
briefs, and worked to improve prison conditions. After his release Eddie
continued to work for the rights of people of color and poor whites in and
around Robeson County. He founded the Hatcher Center for Human Rights where
he addressed the rights of people of color, American Indian and gay rights,
AIDS issues, and U.S. political prisoners. He also considered seeking public
office as a way to address these issues. A compelling documentary, Takeover:
The Trials of Eddie Hatcher, details Eddie's efforts to expose the
corruption of Robeson County and the takeover of The Robesonian newspaper
offices. Even people held hostage at the newspaper offices spoke well of
Hatcher, as did local clergy.
Now the tables are turned and Eddie Hatcher needs our help. His mother
Thelma Clark, who was so instrumental in saving Eddie's life when he was
imprisoned and ill, and in his release from jail in 1995, is again working
to free her son. If you call the Defense Office, a woman's voice on the
answering machine will tell you, "We need your help." And they do!
Write Eddie directly at North Carolina Central Prison: Eddie Hatcher, 1300
Western Blvd., Raleigh NC 27606. He has not been receiving much mail, so
please do write.
For information on how you can help free Eddie, write Robeson County Human
Rights Center, Eddie Hatcher, PO Box 2702, Pembroke NC 28372. Or you can
call the Defense Office: (910) 521-8850. There is an information pamphlet
available about this case, so in addition to your phone number, please leave
a mailing address in the voice mail.
You can order a copy of the award winning video, Takeover, and use it to
raise awareness about Eddie Hatcher and this case in your area. Do a public
showing or convince your local cable channel to run it. The 106 minute long
video costs $29.95 including shipping, and is available from Take One, 101
Pheasant Wood Court, Morrisville NC 27560. Write or call 1 (800) 881-4257 to
order the video.

--------- "RE: Native Prisoner" ---------

Date: Sun, 22 August 99 0817:10 GMT
From: Janet Smith (evestar@juno.com)
Subj: Contacting those in the Ironhouse

Tell a Native American Prisoner someone cares!
The following is a portion of the list of Native American Prisoners
incarcerated in prisons throughout the United States. The full list
is found at the Native Prisoners Pen Pal list the following web site:
http://www.brooks.simplenet.com/penpal.html. The list is compiled from
contributions by Wotanging Ikche readers, other friends and from
Laura Brooks' research on Native American Spiritual Freedom in Prison. If
you know of a Native prisoner who would like to be included here, please
e-mail Janet Smith at jans@atlcom.net. My thanks to Laura Brooks for
giving this list a home on the web.

Haddox, Tommie Eugene Holbrook, George
#267-639 #267-889
PO Box 511 PO Box 69
Columbus, OH 43216 London, OH 43140-0740
Date of Birth: 2/18/70 Date of Birth: 4/1/74
Ancestry: Cherokee
Hollek, Gerald Frank
#E05319-A-2-203 Hollek, Jay E.O.
PO Box 1050 #5319-A-Z-205,
Soledad, CA 93960-1050 P.O. Box 1050,
Date of Birth: 6/3/54 Salinas Valley State Prison
Ancestry: Choctaw Soledad, CA, 93960-1050

Harden, Todd Patrick Hall, Eric Wildcat
#247-889 BL #5355 /DA
PO Box 511 10745, Route 18
Columbus, OH 43216 Albion, PA 16475-0002
Date of Birth: 1/25/66 Ancestry: Arapaho
Ancestry: Cherokee
Horner, Paul Franklin
Hardway, Richard #240-070
#252-252 PO Box 511
PO Box 1812 Madison, OH
WY-C-80 Date of Birth: 7/7/67
Marion, OH 43301 Ancestry: Cherokee
Date of Birth: 5/22/67
Hundley, Gary Wayne
Henderson, Phillip Wayne #260-427
#D-36152 PO Box 69
PO Box 4000 London, OH 43140
Vacaville, CA 95646-4000 Date of Birth: 5/18/64
Ancestry: Seneca (Iroquois) Ancestry: Cherokee

Hicks, Harold D. E.F. Hines, Steven Allen
368485-01-83, #295-895
Calhoun Corr. Institute PO Box 511
P.O. Box 249, Columbus, OH 43216
Morgan, GA 31766 Date of Birth: 1/25/67
Ancestry: Wyandotte
Hunt, Henry Lee
#0197656
1300 Western Blvd
Raleigh, NC 27606

Laura Brook's website is being updated and old pages moved to a mirror site
temporarily. The current address for Laura Brooke's Native American
Prisoner pen pal archive list is:
http://www.geocities.com/CapitolHill/9118/penpal.html. I'll try to keep an
eye on the page to see where it finally ends up and let readers know
immediately.
Reminder and Caution: It is common for prisoners to be moved abruptly.
If your correspondent suddenly quits writing, don't assume it's by choice.
Inquire about his location and situation -- often the prison chaplain can
help you with this. If you know a prisoner on our list has been moved,
please let me know.
If your correspondent requests that you send him anything, particularly
ceremonial items, check the prison to ensure the requested items are not
contraband. Sometimes items of religious significance that are ordinarily
banned may be given to the prisoner by the chaplain.
---------------------------------
Please especially remember - this is the "Year of Leonard".
Leonard Peltier #89637-132, Box 1000, Leavenworth, KS 66048
---------------------------------
Write Eddie Hatcher directly at North Carolina Central Prison:
Eddie Hatcher, 1300 Western Blvd., Raleigh NC 27606

--------- "RE: The Seven Fires" ---------

Date: Sat, 21 Aug 1999 22:15:29 -0400
From: "Janet" <evestar1@email.msn.com>
Subj: seven prophets

Teachings of the Seven Prophets: The Seven Fires
Editor's note: This story was asked to be read to the assembly by Elder
William Commanda at the Aboriginal Learning Network Constituency Meeting of
Elders, policy makers, and academics on April 16th and 17th, 1997 in Aylner,
Quebec.
The source for this story is The Mishomis book : the voice of the Ojibway by
Edward Benton-Banai. Printed in St. Paul, Minn. Published by Indian Country
Press, copyright 1979.
--------------------------------------------------------------------------
Seven prophets came to the Anishinabe. They came at a time when the people
were living a full and peaceful life on the North Eastern coast of North
America. These prophets left the people with seven predictions of what the
future would bring. Each of the prophecies was called a fire and each fire
referred to a particular era of time that would come in the future. Thus,
the teachings of the seven prophets are now called the "Seven Fires".
The first prophet said to the people,
"In the time of the First Fire, the Anishinabe nation will rise up and
follow the sacred shell of the Midewiwin Lodge. The Midewiwin Lodge will
serve as a rallying point for the people and its traditional ways will be
the source of much strength. The Sacred Megis will lead the way to the
chosen ground of the Anishinabe. You are to look for a turtle shaped island
that is linked to the purification of the earth. You will find such an
island at the beginning and end of your journey. There will be seven
stopping places along the way. You will know the chosen ground has been
reached when you come to a land where food grows on water. If you do not
move you will be destroyed."
The second prophet told the people,
"You will know the Second Fire because at this time the nation will be
camped by a large body of water. In this time the direction of the Sacred
Shell will be lost. The Midewiwin will diminish in strength. A boy will be
born to point the way back to the traditional ways. He will show the
direction to the stepping stones to the future of the Anishinabe people."
The third prophet said to the people,
"In the Third Fire the Anishinabe will find the path to their chosen
ground, a land in the west to which they must move their families. This
will be the land where food grounds on water."
The Fourth Fire was originally given to the people by two prophets. They
come as one. They told of the coming of the light skinned race.
One of the prophets said,
"You will know the future of out people by the face of the light skinned
race wears. If they come wearing the face of brotherhood then there will
come a time of wonderful change for generations to come. They will bring new
knowledge and articles that can be joined with the knowledge of this
country. In this way, two nations will join to make a mighty nation. This
new nation will be joined by two more so that four will for the mightiest
nation of all. You will know the face of the brotherhood if the light
skinned race comes carrying no weapons, if they come bearing only their
knowledge and a hand shake."
The other prophet said,
"Beware if the light skinned race comes wearing the face of death. You
must be careful because the face of brotherhood and the face of death look
very much alike. If they come carrying a weapon ... beware. If they come in
suffering ... They could fool you. Their hearts may be filled with greed for
the riches of this land. If they are indeed your brothers, let them prove
it. Do not accept then in total trust. You shall know that the face they
wear is one of death if the rivers run with poison and fish become unfit to
eat. You shall know them by these many things."
The fifth prophet said,
"In the time of the Fifth Fire there will come a time of great struggle that
will grip the lives of all native people. At the warring of this Fire there
will come among the people one who holds a promise of great joy and
salvation. If the people accept this promise of a new way and abandon the
old teachings, then the struggle of the Fifth Fire will be will be with the
people for many generations. The promise that comes will prove to be a false
promise. All those who accept this promise will cause the near destruction
of the people."
The prophet of the Sixth Fire said,
"In the time of the Sixth Fire it will be evident that the promise of the
First Fire cam in in a false way. Those deceived by this promise will take
their children aways from the teachings of the Elders. Grandsons and
granddaughters will turn against the Elders. In this way the Elders will
lose their reason for living ... they will lose their purpose in life. At
this time a new sickness will come among the people. The balance of may
people will be disturbed. The cup of life will almost become the cup of
grief."
At the time of these predictions, many people scoffed at the prophets.
They then had medicines to keep away sickness. They were then healthy and
happy as a people. These were the people who chose to stay behind in the
great migration of the Anishinabe. These people were the first to have
contact with the light skinned race. They would suffer most.
When the Fifth Fire came to pass, a great struggle did indeed grip the
lives of all native people. The light skinned race launched a military
attack on the Indian people throughout the country aimed at taking away
their land and their independence as a free and sovereign people. It is now
felt that the false promise that came at the end of the Fifth Fire was the
materials and riches embodied in the way of life of the light skinned race.
Those who abandoned the ancient ways and accepted this new promise were a
big factor in causing the near destruction of the native people of this
land.
When the Sixth Fire came to be, the words of the prophet rang true as
children were taken away from the teachings of the Elders. The boarding
school era of "civilizing" Indian children had begun. The Indian language
and religion were taken from the children. The people started dying at a
early age ... they had lost their will to live and their purpose in living.
In the confusing times of the Sixth Fire, it is said that a group of
visionaries came among the Anishinabe. They gathered all the priests of the
Midewiwin Lodge. They told the priests of the Midewiwin Way was in danger of
being destroyed. They gathered all the sacred bundles. They gathered all the
scrolls that recorded the ceremonies. All these things were placed in a
hollowed out log from the Ironwood tree. Men were lowered over a cliff by
long ropes. They dug a hole in the cliff and buried the log where no one
could find it. Thus the teachings of the Elders were hidden out of sight but
not out of memory. It is said that when the time came that the Indian people
could practice their religion without fear a line boy would dream where the
Ironwood log, full of sacred bundles and scrolls, was buried. He would lead
his people to the place.
The seventh prophet that came to the people long ago said to be different
from the other prophets. He was young and had a strange light in his eyes.
He said,
"In the time of the Seventh Fire New People will emerge. They will retrace
their steps to find what was left by the trail. Their steps will take them
to the Elders who they will ask to guide them on their journey. But many of
the Elders will have fallen asleep. They will awaken to this new time with
nothing to offer. Some of the Elders will be silent because no one will ask
anything of them. The New People will have to be careful in how they
approach the Elders. The task of the New People will not be easy.
"If the New People will remain strong in their quest the Water Drum of the
Midewiwin Lodge will again sound