| By Howard Hanson Officers and members of many civil and property rights organizations from coast-to-coast were greatly saddened by the death of one of their founding members and heroes;, Jim Mitchell. James Leroy Mitchell was born May 3, 1928, to Leonard and Clara Mitchell in Silver City, New Mexico, the youngest of five children. He died on Friday, March 1, 2002. He is survived by Charlotte, his wife of 47 years; daughters, Kellie Primm, Laura Armistad and Mary Sandoval and four grandchildren. Jim graduated from Teachers High School in Silver City, entered the Army and served for two years. After leaving the Army, he attended Utah State University, graduating with a BS in Range Management. He then made his career working for the Bureau of Land Management (BLM), retiring in 1978. During the years with BLM, Jim and Charlotte purchased property in the Jemez Mountains on the Guadeloupe River where they planned to live in retirement. In 1983, Jim became interested in Federal Indian policy after being sued by the Department of Justice on behalf of three Indian tribes which wanted water rights in the Jemez Valley. After searching for, and failing to find, a national organization that would address problems with Federal Indian policy, he worked with people from several states with similar problems and helped organize the Citizens Equal Rights Alliance (CERA). Jim served as vice president and later was president of CERA for almost a decade, making annual trips to Washington D.C. to lobby for the much-needed changes in Federal Indian policy. He was active in the New Mexico Farm and Livestock Bureau with a particular interest in private property rights. He was a member and served as adjutant for American Legion Post 75 in Jemez Springs where he formed many close friendships. Due to Jim's untiring efforts, many U.S. citizens, the legal community, the media, and the U.S. Congress have become aroused and informed about constitutional and civil rights abuses created by current policies.. When he heard of Jim's death, Darrel Smith, also an early board member of CERA said, "Most of you probably aren't aware of the critical role that Jim played in CERA. For several years, CERA wouldn't have survived if it hadn't been for the work and resources that Jim and Charlotte provided. During this time all three branches of government were consistently against our message and we were regularly charged with the most hateful, negative labeling imaginable. During those years, Jim and Charlotte kept the organization going almost by themselves." Smith went on, "We are finally beginning to see some positive results, but we might not have, if it hadn't been for those sacrifices by the Mitchells. To do what was right for their country, against all odds and slander, qualifies them as true American heroes in my eyes. Those of us who knew them are better people because of their example." In April of 1998, I collaborated with Jim on a letter to Congress that typifies his feelings and advocacy which read, in part, "As President of Citizens Equal Rights Alliance, I want to personally thank you for introducing S.1691, the 'American Indian Equal Justice Act'. This is the first bill in memory which addresses the unequal application of justice in 'Indian country'. It is high time that Congress takes a serious look at the problems which exist on Indian reservations due to the unaccountability of tribal governments when it comes to dealing with tribal members, non-members who live within reservation boundaries, state and local governments, and companies that conduct business with the tribe. I have attached a statement which describes our organization and its philosophy. The statement also gives examples of injustices that have been perpetrated by tribal governments under the guise of sovereign immunity. I am sure that you are aware of many of these incidents, yet I am just as sure there are hundreds of similar stories that have gone unreported. I request that you enter my statement into the official hearing records for S.1691. "America was founded under the concept that it is 'the People' who are sovereign. Governments were created by the people, for the people, and of the people. Unfortunately, this concept has dimmed considerably over the past 222 years, and it is 'the People' who are suffering as a result. Inherent rights are being abused daily by governments out of control. Those of us who have been personally harmed by this nation's Indian policies look to you for justice. As the initial finding of S.1691 so eloquently states, 'a universal principle of simple justice and accountable government requires that all persons be afforded legal remedies for violations of their legal rights'. We are currently without such remedies, and we implore you to stay the course until our Constitution applies to all Americans, everywhere in America. Godspeed!" A solid American to the core, Jim insisted we begin every CERA meeting with the Pledge of Allegiance to the Flag…a tradition we will continue in his memory. |