CERA Notes

	"Taxation Without Representation" Reason for Republican Resolution. by Howard B. Hanson Congratulations are in order for the citizens of the State of Washington, who were instrumental in having a resolution entered into the State’s Republican Party Platform that created a lot of debate on its way to the National Republican Convention. The resolution asked for an end to non-Republican forms of government in Indian Reservation areas where certain citizens are being required to maintain certain responsibilities, like paying taxes, while being denied basic promises of the U.S. Constitution, such as voting. Of course, the Resolution was misrepresented by the media as "racist" and "anti-Indian". The national committee even apologized when it created a stir at the national convention. However, it did create debate, helping to elevate the Indian policy issue. Now, we must continue crafting the perfect resolution that will gain the support of all U.S. citizens … especially those affected by the hundreds of lawsuits and land claims being filed on behalf of Indian tribes across our country. Here are some key statements we should consider including in our resolution: 1. No state, federal, or tribal government should have jurisdiction over citizens who are permanently excluded from participating in that government. 2. There should be no financial support or recognition given by State or Federal governments to Tribal Governments which deny their members their full constitutional and civil rights. 3. All three branches of government must recognize and enforce the fact that the Indian Claims Commission Act settled and paid all valid Indian claims with finality.
	Amicus Brief on Atkinson Trading Co., Inc. vs. Shirley CERA is seeking financial support for an Amicus brief filed by Proper Economic Resource Management of Minnesota in this very important Supreme Court Case. It deals with the same basic constitutional issues as that of the Washington State Republican Resolution—regulation and taxation without representation and affects hundreds of thousands of U.S. citizens. The CERA board of directors wanted to cooperate with PERM on the brief, but we couldn’t get final copies of the legal argument fast enough to poll the board or get our name on the brief. The brief cost PERM $18,000.00 and the CERA Board of Directors are in agreement that we should ask all of our members and organizations to send a special donation to: Atkinson Amicus Citizens Equal Rights Foundation C/O Darrel Smith, Treasurer HCR 30, Box 1 Mobridge, SD 57601 Donations to CERF are tax-deductible. CERF will forward your donation on to PERM. Following is an excerpt from the brief, which can be read in its entirety on our web site: "If private property is the foundation of American freedom, … then the relationship between fee land ownership and regulation by a tribal government in which the fee owner cannot participate bears careful scrutiny. Tribal regulation of the activities of United States citizens on their fee owned lands cannot be reconciled with the fundamental rights of that citizen to be regulated only by a government in which the individual can participate by voting and by holding elective office. The essence of the American representative system of government is that the people of the United States are their sovereign, and this Body Politic has the power to create the constitution that controls the sovereign powers and governmental powers delegated by the people to the federal government. See John R. Tucker, "The Constitution of the United States: A Critical Discussion of its Genesis, Development, and Interpretation", (Henry St. George Tucker ed., Fred B. Rothman & Co., 2000) (1899), Volume 1, p. 62. The doctrine is stated by Justice Matthews in "Yick Wo v. Hopkins" as follows: "Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of the government, sovereignty itself remains with the people, by whom and for whom all government exists and acts." 118 U.S. 356,370 (1886). This principle is recognized in the United States Constitution which begins, "We the People…". The just powers of government over its citizens are derived only from the consent of the governed, and that consent is conditional on the right of those citizens to participate in that government through the right of suffrage and by holding elective office. While the federal government’s special relationship with the first Americans provides for their right of self-government and limited sovereignty as "domestic dependent nations", tribal powers are internal only unless non-member activity occurs on tribal lands. Unquestionably, non-member fee owned land in which the patent originated from the United States is not tribal land. By protecting the rights of non-members who own fee lands on reservations, this Court affirms and protects the fundamental rights and private property rights of all Americans upon which our freedom depends. It will be extremely interesting to see how the U.S. Supreme Court rules on this case. In the recent Florida election case, they voted to uphold the constitution. However, the Court has been deeply divided on other cases, especially those dealing with Indian Tribes. Starting with the infamous "Boldt Decision" of thirty years ago, treaty lawsuits and land claims have been a growing divisive cancer in our country and is one of the major reasons for CERA’s existence. Thank goodness a growing number of citizens, including many minority leaders, are starting to protest the damage Federal Indian Policy is doing to their own people. Some are forming groups and others are writing books to expose the damage.
	Perpetuation of Race-Based Policies is Coming Under Attack by More Minorities The Reverend Jesse Lee Peterson started a self-help organization for black men, as he saw the damage that had been done to them through listening to self-appointed "leaders" like Jesse Jackson. The organization he formed is named BOND (Brotherhood Organization of a New Destiny). He has also written a book titled From Rage to Responsibility. BOND held their "Second Annual National Day of Repudiation" of Jesse Jackson in front of the latter’s Rainbow/PUSH offices on Dr. Martin Luther King’s birthday, January 15th. Reverend Peterson states, "Jesse Jackson is out of control. He has become a national embarrassment. He is a self-serving racist, a problem profiteer who, with the help of the media, has co-opted Dr. Martin Luther King’s dream and turned it into a nightmare.
	Pawns in the Game Many minority groups and reservation area citizens have become pawns and innocent victims in a very divisive scheme to resurrect 550 diminished Indian reservations and give their politically-trained tribal leaders the ultimate power of a lawless, supreme sovereign on lands their ancestors sold and were paid for long ago. Why is this happening? How can you learn more? What can you do about it? You can begin by attending CERA’s annual meeting in Washington D.C. beginning May 19th. We hope to see you there. Remember— I can’t do it. You can’t do it. Only together can we do it!

CERF Kicks Off Chief Joseph Print Fundraiser
at South Dakota Meeting

by Jim Petik

Dakotans for Equal Rights (DER) held their second annual banquet and fundraiser October 28, at the Legion Hall in MacIntosh. The group heard vital information concerning recent happenings that are affecting residents on and around Indian reservations.

Darrel Smith, Secretary of the Citizen’s Equal Rights Foundation, unveiled a painting of the heralded Chief Joseph of the Nez Perce tribe. A quote from this tribal leader’s appeal for equal rights for all people is embossed on the print. Frank Courteau from Minnesota elaborated on the artist and gave background information that makes Chief Joseph and his famous speech an ideal fundraising item. All CERA members will be receiving a special mailing about the Print Fundraiser.

Daniel Johnson, an attorney from Idaho and executive director of an alliance of government entities, spoke of the legal challenges citizens are facing in central Idaho. Civil rights will be lost if the tribal government is successful in exerting authority over non-members. Several cases are pending in Idaho State Court, as well as in Federal Court.

Two Different Navajo Court Cases with only One Case Number

By J. Tonny Bowman

Dennis Williams, a Navajo rancher, has been trying to solve a mystery that began in 1979, when his mother’s brother, his Uncle Charley Nez Wauneka passed away. Uncle Charley Nez Wauneka was living on a piece of his sister Nellie Williams’ land. Nellie Williams was Dennis Williams mother.

Before his Uncle died, Dennis Williams had been given his father’s grazing permit for his mother’s land. The United States officials preferred placing male names on the permits against Navajo custom. On the Navajo Reservation, the grazing permits issued by the United States have become a way to pass an inheritance to land. To designate an heir, the elderly Navajo would have their grazing permit changed over to the younger relative that had been taking care of him. This required both individuals to go to the Bureau of Indian Affairs office and the older Navajo requesting the change of the permit. When the old permit was cancelled, a new permit was issued to the younger Navajo. Both the cancellation and new permit had to be signed in the office before the new permit was valid. This process prevented most false claims to change grazing rights. His father made sure that Dennis Williams got the land of his mother and ensured that Dennis would take care of his mother and her brother Charley Nez Wauneka.

From the time that Charley Nez Wauneka died, Ben Wauneka Sr., started intruding upon and interfering with Dennis Williams’ grazing land in Boko Toh Canyon. Boko Toh is the heart of the lands of Nellie Williams because it has the natural water springs that make the rest of the grazing area productive. The Navajo reservation is high desert country and, without a source of water, very few animals can be grazed. The 10.8 acres that are Boko Toh, are constantly wet from the springs runoff creating a natural hay crop of grass that can be mowed and stored for winter use. Boko Toh is very valuable Navajo land.

Dennis Williams sued Ben Wauneka, Sr., for interfering with his land use. Mr. Williams was awarded a permanent injunction against Ben Wauneka. Ben Wauneka did not appeal the ruling within the 30 days allowed for appeal. Over two years later, Ben Wauneka hired a lawyer and appealed the Navajo court’s decision. There was no way to legally file an appeal. But another case that had been decided about the same time that had been properly appealed was still waiting to be heard by the Navajo Court of Appeals. Somehow Ben Wauneka’s appeal was assigned the exact same case number as the properly appealed case. To this day there are two decisions of the Navajo Court of Appeals with case number A-CV-26-81. Several of the same judges signed both appeals with the same case number.

The Court of Appeals overruled the lower court and allowed the opening of a probate action for the estate of Charley Nez Wauneka. The Navajo probate court decided on the distribution of Charley Nez Wauneka’s estate. All of his children agreed that Dennis Williams was to have Boko Toh because it was their Aunt’s land and because Dennis Williams took care of his mother and Uncle. Only Ben Wauneka disagreed. Dennis Williams and his mother, who was still living, were not allowed to be parties to the probate action because they were not heirs of Charley Nez Wauneka.

As a result of the probate case, a grazing permit was issued to Ben Wauneka, Sr. Two years ago, Dennis Williams was shown the grazing permit records of Ben Wauneka by the Bureau of Indian Affairs in Fort Defiance, Arizona. The grazing records show that Ben Wauneka was born Pete Begay. He asked in 1943, that his name be changed on the grazing permit he had from his real father which was located more than fifty miles away from Boko Toh! The Bureau of Indian Affairs had never revealed the deception.

Dennis Williams placed the information of the switched case numbers and the change of name of Ben Wauneka before the Navajo Supreme Court by special motion. The Navajo Supreme Court refused to give Dennis Williams any hearing or relief. The Navajo lower court did enter a default judgment against Pete Begay alias Ben Wauneka. The grazing committee will not recommend restoring Boko Toh to Dennis Williams without an order from the Navajo Nation Supreme Court.

Dennis Williams does not have the right of appeal to federal court to review the tribal court decision that a non-Indian has as a citizen. The Indian Civil Rights Act specifically prohibits Native Americans from having the rights of a full citizen of the United States. Dennis Williams must overcome federal discrimination to even have the opportunity to have his case heard in an impartial judicial forum.

Tribal courts are funded by the United States and exist only under the authority of the United States. To allow claims of tribal sovereignty to displace the constitutional rights of Native Americans to due process, equal protection and all other privileges and immunities of United States citizens is intolerable. Native Americans like Dennis Williams who are proud of their tribal heritage should not be deprived of their citizenship because they live on a reservation with tribal courts. The Citizen’s Equal Rights Alliance needs to challenge the United States on this absolute racial discrimination against Native Americans.

CERA Annual Meeting
May 19-24, 2001 in Washington D.C.

Meetings will be held at Capitol Hill Suites, 200 C Street, S.E., Washington, D.C. 20003. A meeting room has been reserved at Capitol Hill Suites for Sunday and Monday, May 20 and 21 for the CERA annual meeting. We are urging attendees to stay through Thursday so we can visit as many congressional and new administration officials as possible. The following weekend is the Memorial Day weekend, so try to book your Thursday evening return flight home ASAP.

The numbers for Capitol Hill Suites are 1-800-424-9165 and 1-202-543-6000. Single rooms are $180.00; doubles are $200.00 … applicable taxes increase costs by 14.5%. Our contact is Marisa Blank, if you have questions. Room costs at Capitol Hill Suites are expensive, but it is only a short walk to Congressional office buildings. Capitol Hill Suites is now networking with someone close by that has a larger meeting room if we need one, so let’s try to get as many attendees as possible.

CERA has also blocked some rooms at Holiday Inn Alexandria, 3460 Eisenhower Ave., VA. Phones are 1-703-960-3400 (voice) and 1-703-329-0953 (fax). Double occupancy rooms are $99.00, plus 14.5% tax. Ask for Jennifer and refer to : Code 2—Segment Code "CER". The Holiday Inn is a 15-minute ride by metro to the Capitol area and there is a station close to Capitol Hill Suites.

Finally, six rooms have been blocked for CERA at the Travel Lodge Gateway, 1917 Bladenburg Rd., Washington, D.C. Phone 1-800-231-4270, ask for Janet Clayborn and refer to CERA block of rooms. Double rooms are $85.00. This hotel is 1.5 miles from the Capitol and has a free shuttle to the metro, which will get you close to Capitol Hill Suites. If you arrive at National airport, you can take the metro to Union Station and call the hotel for a shuttle.

Please contact your state congressional delegation to arrange meetings, then let Lisa Morris know the dates and time. She will compile a master schedule of all appointments so we can make the best possible use of our time. If you have items you want included on the meeting agenda, please call CERA Secretary Jim Petik 1-605-347-5836 or email him, cow@sdplains.com.