The mp3 is here.
IPR’s Points North Show on “Laughing Whitefish”
The mp3 is here.
Michigan Indian
“Laughing Whitefish” Profile on IPR’s Points North Tomorrow (Friday) Morning at 9AM
Here.
Guests are Bill Castanier and Matthew Fletcher.
ICT Coverage of “Coalition of Large Tribes” (Quoting GTB Chair Derek Bailey)
Here is the article.
An excerpt:
Given the limited attention the federal government pays to all tribal issues, frustrations can and do develop among the tribes, although you have to scratch beneath the polite, polished surface of the public positions of many tribal leaders, who prefer to present a unified front for tactical purposes. Tex G. Hall, the chairman of the Mandan, Hidatsa and Arikara Nation, explains his rationale for the tribal-unity approach: “We don’t always run things [in American society]. But one of the things in our control is our ability to lead and forge a common voice from within our own nations. That is a hallmark of leadership and one of the basic responsibilities that comes with elected office such as my own.”
The paucity of federal attention to Indian issues is an ongoing concern. “Unfortunately, Indians seem to have always had a problem getting heard on Capitol Hill,” Hall says. “The sad reality is that very few legislators, and certainly not Congress as a whole, have really ever paid attention to the bigger picture. It would be great if we actually had the luxury of being able to pick and choose the battles that we could win. But we really don’t have a sense that we are going to win on any single issue or at any particular time.”
So what’s a tribal leader have to do to get his or her concerns addressed? Forming a coalition has been the preferred answer. There’s the National Congress of American Indians (NCAI), which bills itself as “the oldest, largest, and most representative American Indian and Alaska Native organization”; the National Indian Health Board (NIHB), which advocates for improved Indian health; United Southern and Eastern Tribes, Inc. (USET); the National Indian Gaming Association, for casino tribes; and many others. Some of these coalitions have had major successes, such as when NCAI, NIHB and others lobbied for reauthorization of the Indian Health Care Improvement Act last year. At the same time, some tribes have been loath to join this or that coalition because of perceived slights, historical tensions and/or a firm commitment to the principle of tribal sovereignty.
Derek Bailey, the chairman of the Grand Traverse Band of Ottawa and Chippewa Indians, says he finds the various coalitions useful for educating legislators on issues that will affect Indian country on both the micro and macro levels: “Coalition-building amongst tribes, be it regional or for a more defined purpose, definitely assists in promoting any particular agenda,” he says. At the same time, he notes that tribes have historically held differing opinions “and there is a time and place for that, but on larger issues, Indian country’s collective voice is incredibly strong. We have to continue to exercise that voice, be it as a single sovereign nation or as a collective body of sovereign tribal governments.”
Federal Court Rejects Mich. AG Schuette Motion for Relief from Saginaw Chippewa/Granholm/Isabella County Reservation Boundary Settlement
Here is that order:
DCT Order Denying Michigan AG Rule 60 Motion
Here is the final settlement order from last December.
Sixth Circuit Affirms Conviction and Restitution in Theft of Ontonagon Reservation Timber
Here is the opinion in United States v. Genschow.
The part of the opinion affirming restitution for a higher than market value of the timber is interesting:
Tribal land similarly holds unique value in that its pristine, natural condition allow tribes to partake in and to preserve tribal traditions. See Letter from Warren C. Swartz, President, KBIC, to U.S. Probation Office (July 1, 2009). Any court’s attempt to transform somehow this value into an actual market figure would most certainly be difficult and unreliable. Because we conclude the Eleventh Circuit’s analysis in Shugart was persuasive, we hereby adopt its rule and conclude that when destroyed property is unique or lacks an active market such that the actual cash value is unreliable or unavailable, using replacement value as a measure for restitution is proper under the MVRA. We therefore hold that the district court did not abuse its discretion in awarding restitution.
And the briefs:
And, finally, the lower court opinion.
Book Review of Laughing Whitefish
Here, from Bill Castinier [for more on People v. Hildabridle, see this — People v Hildabridle]:
John D. Voelker, former Michigan Supreme Court justice (1956-1960) and author of The New York Times bestseller Anatomy of a Murder, called his book Laughing Whitefish “the toughest job of writing I ever tackled.”
First published in 1965 and out of print for decades, Whitefish also has been one of the toughest of Voelker’s 10 books to find. Writing under his pen name, Robert Traver, Voelker wrote five novels, three books on fishing and two books of essays and short stories.
But thanks to a chance meeting between Grace Voelker Wood, one Voelker’s sisters, and a board member of the MSU Press during a celebration of the 50th Anniversary of Anatomy, a new edition of Whitefish will be published in June by the Press.
The new edition also contains an introduction written by Matthew L. M. Fletcher, associate professor of law and director of the Indigenous Law & Policy Center at Michigan State University’s College of Law, that puts the seminal historical fiction novel in context by detailing how the book was based on actual Michigan Supreme Court cases regarding Indian property rights and tribal law and customs. Fletcher is a member of the Grand Traverse Band of Ottawa and Chippewa Indians.
In a presentation to the Michigan Historical Society in 1970 about the novel, Voelker called the “basic story…rather simple.” He continued, “Most simply put, it was all about iron ore, Indians and infidelity to one’s promises.”
In the book, Voelker, writing as Traver, told the story of Charlotte Kawbawgam (in real life Kobogum), whose father, Marji Gesick, had been promised a “wee fractional interest” for his assistance in leading a group of businessmen to North America’s largest iron ore deposit. Problems resulted when neither Gesick nor Gesick’s heirs were compensated as promised.
Voelker told how he had learned of the fascinating story, which involves tribal customs, including polygamy, long before he wrote his blockbuster. But he had been derailed by his successful career and the amazing success of Anatomy, which was made into a movie shot on location in Marquette and Ishpeming.
Voelker said he adopted a pen name while he was a prosecuting attorney (1935-50) in Marquette. He was often quoted as saying, “I didn’t want the voters to think I was an author on company time.”
The lawyer and author had spent most of his life in the Upper Peninsula, when in 1957 he was tapped by Governor G. Mennen Williams to be a Supreme Court justice. He became noted for his literary-like decisions and dissents. His writing for the Court was also punctuated with his trademark sense of humor (if there is any doubt, read his writing inPeople vs Hildabride about police invading a nudist camp).
He later wrote that his “neglected Indian story receded even farther into the background.”
Hannahville Indian Community Amicus Brief in State v. Collins & Mason
Cami Fraser on Advising Parents in ICWA Cases
Cami Fraser has published an outstanding paper in the Spring 2011 edition of the Michigan Child Welfare Journal titled “Should this ICWA case be Transferred to Tribal Court? Issues for Parents’ Attorneys to Consider and Discuss with their Clients.” It appears here on page 2.
Sault Tribe Chair Resigns
From Sault Tribe News:
Sault Tribe Chairman Resigns
Written by Communications Department
Tuesday, 10 May 2011
Sault Ste. Marie, MI – Sault Tribe Chairman Darwin “Joe” McCoy on Tuesday night announced his immediate resignation as the elected leader of the 39,000-member Tribe.
His brief resignation letter to the Sault Tribe Board of Directors provided no specific reasons for his decision to resign other than “circumstances beyond my control.”
McCoy had served for nearly three years as Chairman after being elected by members of the Tribe.
Under the Tribe’s Constitution:
1. Board Vice Chairperson Lana Causley will serve as interim Chairperson until a successor is appointed or elected.
2. The Sault Tribe Board will decide as soon as possible whether to either appoint a successor, as specified in the Tribal constitution, or call an advisory special election to fill the seat under Tribal law.
All Board members pledged a smooth transition to the new chairperson.
More Company K Coverage
The Civil War started 150 years ago, on April 12, 1861, which is a likely reason for the increased coverage of the war in media outlets. Regardless, the additional coverage of Company K is welcome. From the Petoskey News (h/t K.B.):
BOYNE CITY — After a century of anonymity the unmarked graves of two American Indian sharpshooters from the Civil War received their full honors Saturday at Maple Lawn Cemetery.
The two Union soldiers, Pvt. John Jacko and William Isaacs, were members of a 140-member American Indian unit of the Michigan Sharpshooters known as Company K that fought in some of the fiercest battles of the Civil War, including the Battle of the Wilderness, Battle of Spotsylvania and the Siege of Petersburg.
But, following the Civil War many American Indian veterans took their severance pay and were largely forgotten.
In the full tradition of the Grand Army of the Republic, the Traverse City-based Sons of Union Veterans of the Civil War Robert Finch Camp 14 honored the two veterans with taps and three volleys by riflemen, as well white marble tombstones, recognizing the two men for the first time since their deaths in 1907.
The historical details of Company K had been almost completely undocumented until this past year, when historian Chris Czopek, of Lansing, began self-publishing more than 15 years of sifting through documents and federal records about the unit.
It was Czopek who identified the two graves while researching his book “Who was Who in Company K,” is the first historical text of compiled names, dates and details about the unit.
“One of the things I wanted to do was track down every single grave of these soldiers,” Czopek said.
The first grave he found was of Jacko, then later Isaacs.
Jacko, who belonged to the Grand Traverse Band of Ottawa and Chippewa Indians in Leelanau County, enlisted in the Union Army in Grand Rapids in 1845 as a replacement sharpshooter after his father Jacko Penaiswanquot died in the infamous Andersonville prison in Georgia, Czopek said.
“He enlisted in Company K, as if he wanted to take his father’s place,” Czopek said. “But, despite enlisting at the end of the (Civil War) he fought in some of the biggest battles and was a true veteran in every sense of the word.”
Isaacs was also seasoned veteran.
Twice wounded, the Swan Creek Black River Bands of Ojibwe Indian was with Company K when it was first recruited in 1863 until it was released from duty at the end of the war. First wounded in the leg, Czopek said, Isaacs, who lived grew up near Saginaw, later sustained a second injury when a mortar round landed directly between his legs — failing to explode.
Turtle Talk 
You must be logged in to post a comment.