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Home , Cahto, Cahuilla, Enterprise Rancheria, Halchidhoma, Kawaiisu, Kitanemuk

NfLL No. 010003/1972

Volume 1, NO.4 September 197 Indians-Double Genocide Ignorance makes of a man even a discriminatory pyrarnidial nate them. Being an Indian-killer w; a fearful animal whose vision for Indians. The settlers called considered by many settlers to be ~ response to alien eyes, skin the Indians "Diggers," and seeing them honorable profession. color, dress, and custom as scarcely human began to make The settler-conquerors are often I' is hostile, whose single slaves of them, to herd them like membered as brave adventurers, Ie impulse is to stamp out, cattle to unde~irable lands to let them often as ignorant racists. Their a to obliterate from sight die, and most of all to simply extermi- tions were not labeled as genocic and consciousness a world until after the Second World W; view that contravenes his own. when the act of attempting to wil Almost Ancestors­ out another culture finally bore on tl The First Ctl/i!ornians collective conscience. The last SL viving Indians are left with an u imaginable sense of loneliness. Ide OIn 1848, when the Treaty of Guada­ tity can now be found only in their ov lupe-Hildalgo was signed at the con­ person; their people, language, at clusion of the Mexican War and culture are gone. California became a part of the , about 200,000 Indians occupied 90 per cent of the new state. By the The Lost Treaties turn of the century less than 20,000 had survived. After the Treaty of Guadalup Ii The Spaniards began the initial act Hildalgo, the U.S. Government se of obliteration of the native culture three commissioners to California with their missions and pyramidal negotiate with the Indians for the society (Indians as the peon base and land. They started at the top of t the conquerors as the aristocracy) as state and when they finished th far back as 1769. Spanish missions had 18 treaties. In them, t Iv were filled with Indians roundld Indians had ceded 75 million acr up without reference to , to the United States, keepil tongue or personal willingness. only 8.5 million for themselv, What the Spaniards did by this . :::x The Indians were never tc I transposition was decimate ~t. ··W that the treaties had to the populations of whole .. ,~ ~.;~~: ratified by the Senate. Th -they learned a..Jl,i; ~W. also did not know tl too late that In- ~ :2: the California legislatu dians who were .-. • ~ and governor argu uprooted, enslaved vigorously that t and stripped of their treaties should I' cultural identity, be ratified, I chose death to life. that rather t o The Indians should brought an enormous be removed beyo influx of Anglo­ the borders I Saxons who lacked the state. T stop what they considered to be lap.d, they hope to join a~ a group and been, the extension of the Califomi an illegal and non-existant acceptance deposit their claims payments in a penal code to reservation lands h, of their portion of the claim, the trust account either with the govern­ not until recently been a significal settlement was ratified. ment or in a bank. threat to the remnants of Indian cu Congress appropriated the $29 mil­ There are several reasons why Ia­ ture and life style. However, recentI' lion and put it in trust. In 1968 a dians have been joining together in local governments have begun to a law waS passed specifying how the this effort. Some feel that they have sert police power jurisdiction to a monies were to be distributed, and no right to sell land; that it belongs extent and in a manner which, if UJ since that time the Bureau of Indian to everyone. Others have joined be­ held by the federal courtS, will assUI Affairs has been in the process of cau~e they know that California is the destruction of tribal sovereignt determining who should be eligible to worth much more than 47 cents an Unlike many states, Ca pl1fticip.ate in the settlement. acre. Still others say that this payment fornia has very few areas which aJ is far too small considering that there truly rural, except in the extrerr California Indians is a risk that California Indians will northern part of the state. Particular lose all of their Indian benefits and in , reservatiol ;;~~ti,;.,!79r~~,:~flJf~~JtI~.J1'lent because they believe the government which may have been geographical W~;'d:~(' S~metime'i~i:iiliei .n~h'few Ym~nths; must be made to pay for the sufferings isolated. when established, are no , .. ' the; Bureaui of; t~diitn ';Affarrs c. will of their ancestors. being surrounded by urban or conce distribute) ii/the •.iCalifomhiHndians For further information about trated suburban development. As go theprOeeeds'of the' Calif<:>rniaclaims California Indians for a FairSettlement ernment attempts to regulate ne judgment. Ii is estimated' that: 'each write to: land developments in previously UJ California IIidianwilI receive between Joseph Carrillo developed areas, attention is beir 915 Capitol Mall, Room 309 $600 and $800" to be' considered a directed to nearby Indian reserv fmal compensation for the seizure of Sacramento, California95814 tions which, until now, have bee the ,75 million acres of land. Many largely ignored. There are sever California Indians feel that their ac­ Public Law 280 counties which have begun to a, ceptance' of the award (which was the gressively enforce local building code result of a compromise of the claim) Law is a continuously evolving and zoning ordinances on Califo was procured without their being phenomenon, Intrinsically social fornia reservations. Insofar as buildin aware of all the facts and implications. In nature. These characteristics codes require expensive permits , .. Many resent the roles of some of the it shares with the consciousness well as needlessly expensive and Cll • claims attorneys who, the Indians of a culture. turally biased building specificatior allege, spent too much time arguing and materials, the enforcement ( such codes can easily render th among themselves, and who seemed In 1953, as part of its general policy intent on a settlement of the claim. construction of a dwelling or othe to terminate federal services to Indian improvements beyond the financi, Thus, many California Indians are tribes, Congress passed Public Law 280 reluctant to accept this payment. In means of many Indians. which purported to give specific The application of state and loc, addition to feeling that the award is states, including California, civil and inadequate payment for land itself, ordinances also threatens tribal plan criminal jurisdiction over Indian tribes for the economic development of rc many people feel that they should be within their boundaries. The intended compensated for the genocide com­ servation resources. The enforcemer purpose of P.L. 280 was to facilitate of zoning laws can severely limit th mitted by the State of California and the integration of Indians into the its citizens. In addition, many people ability of tribal governments to de local and state structures which sur­ termine how reservation lands are t would prefer to receive trust lands rounded them. rather than money, for they do not be used. In cases where Indian land wish to surrender their claims to the Since the implementation of P.L. adjoin non-Indian recreational or othe land. 280 in California 19 years ago, reser­ property, the political influence c On September 9, 1972, a group vation Indians have had numerous wealthy non-Indian landowners ma calling themselves "California Indians difficulties with the "benefit" of being well result in the use of Indian Ian for a Fair Settlement" will be meeting subject to the jurisdiction of local law being restricted so as to be compatibl in Sacramento to aSsess various alter­ enforcement agencies. Discrimination, with the maximization of the profit natives to the settlement of this claim. brutality, and harrassment have been of the white landowners. Many are hopeful of going. back to all too common when county and state Basically the zoning of Indian Ian court to try to reopen the claims case. officers have exercised jurisdiction subjects and subordinates the Indian: In addition to payment for the deaths, upon Indian reservations. In numerous whose occupation of particular rese enslavement, and suffering of Cali­ instances, police and sheriffs fail to vations preceded the Anglo OCCl fornia Indians'when the land was ta­ respond in time of need, but have been pation of surrou~ding lands, to th ken, they want a land base for those all too willing and available to arrest desires and manioulation of nor _ remaining survivors. Because they Indian people for drunkenness, (actual Indian land owne~ and speculator: • know the government will argue that or suspected), as well as for other The result is further economic an the case cannot be reopened because petty infractions. cultural disaster for Indian people the Indians have been paid for the As repugnant as these excesses have At the present time the states an • counties are reading P.L. 280 as a de whether they wished to be terminated tunity Legal Services Program, facto termination act, at the very time and have their land taken out of been instrumental in bringing t when' Congress and the. Executive trust or not. The Act specifically issues before Congress and c branches of the government are recog­ stated land taken out of trust that was agencies of the federal governn nizing the immorality and destructive­ currently occupied was to be distrib­ For whatever reason, the Burea ness of termination and 'are. for' that uted to those Indians who could Indian Affairs has now stated reason,abandoning it. "partiCipate." "the understanding that Califc Many California Indians contend Indians were ready to manage 1 Termination­ that this Act was a failure. The Act own affairs, would by necessity iJ ~~T().Wipe;(jut" provided that before the government that the physical conditions in , could terminate services to the Indians community were such that local ,.','<,: ",'":.' ." ;;, "4>\' on health, sanitation, and hOll: ~i2{~~'t:rP~"lJnit~c1'Stiltes,'Congress began a they would have to provide adequate health facilities, water and sanitation when made applicable, would ,,~;~{~f}8~~~<:~~~~~fgft~Iitb~:~i:: systems whichcwould meet California adversely effect the community 0 individual. To assume otherwise, in ?~~~~_,~g:p~~g~~f.m,eI$an,c.h- state standards. Many Indians allege tIl.at .. the "fed~ral ,. govermnent .used goveriunent would be placed in C~~~~f;~~~'r£~~~5?,m: whateverpowerthey hadto encourage most embarassing position of foste .. .';"¢ffihientt;'erl:Hou'lit to be termination. becauSe they wished .to termination and leaving the ranch .,.1lj:j''''",}'l;llt,,.,, 'Jil."" i, ·,;>;",1i,,,di i~<, H~"tg., .: .... A~~tiV~,1pt;a~1-L;~~-<:~. '" told various raJlcherias .••. that since and because of the total rejectiol ·" .... {,tomtegrate JheIIl lJ1to the. mamstream ';:H:;L\/o~ th~;4oli1inan(societY;;l,'art 9( ",the limited funds were available it was the notion of termination by r ;{1~i"~motivation"~waS"the "fact .'. tliat' the advantageous to terminate as soon as Indians across the country, the B. ! ',. ''I~~~rat';(jgverntiientwaS"seekirtg to pOssibleiri oraer that the funds avail­ consented in 1972 to send a 1 fi~~',~~,way of ~educi~g the. expe~di­ able could be expended to provide the Force which would study problem tures:Jl1eywere makmgto proVide promised health .facilities, and that if water, sanitation, and housing at services"to; Indians and to force they waited too long to terminate, all or more raJ states" to:;'#Ssume the responsibility the monies would be gone. Other erias which were terminated purst with the' removal of taX-free status problems which developed for those to the 1958 Rancheria Act. In Fe: from Indian lands. rancherias and tribes which decided ary of this year the California RaJ California as a wealthy state with to be terminated included loss of eria Task Force made its report.. a s~~l,'population of Indians spread federal health services, special educa­ report, recognizing the obvious, : out :ac,foss it seemed ideally suited to tion, programs, special housing pro­ that "substandard living conditiom the C()ngress~ The fact that the Indians grams'and vocational training. volving housing, water and/or w; were spread out made them difficult Individual terminated Indians often disposal were found on each of to serve and the high proportion of lose their lands because they cannot terminated rancherias." The rec inter-mariiage with whites led large afford to pay the state and-local taxes mendation of the report was 1 numbers of them away from the reser­ which they are subject to and/or ~can "legislation providing for authoriza vatioJls in the first place. Further, the not repay loanS made on their land, or and funding to correct the deficien reservatioI1S were too small to have because they are tricked out of land in the amount of $5,469,050 shoulc their owilgovernmelltal systems. Dur­ by dishonest non-Indians who take introduced at the earliest poss ing th~ .'1950's many vocal Indians and advantage' of the Indians' poverty date." Indian. organiiations felt strongly that and faith in people. Termination was the problems Indians were having at and is a one way street. For most In March 1972, the Board of that time were due to the paternal­ terminated Californian Indians it Inter- of CalifOJ istic attitude of the federal government was a policy which further decimated considered the report of the T and therefore they saw that in the their culture and chances of survival. Force and found it inadequate. A move to termination, the Indians Because in so many cases rancherias result of this finding, the Inter-Trl would be out from under federal con­ were terminated without any effort Council appointed their own T trol. having been made to provide decent Force Study Group which is to The fact that California was also a housing or adequate water and sani­ port back to the Inter-Tribal COUI Public La,,: 280 state gave more im­ tation facilites, quite a number of as soon as possible on the t( petus to the Rancheria Act. The Act suits have been filed against the United problems of termination. The COUI itself spelled out the end of the trust States Public Health Service. Some of seems to find the original rer status of Indian land and called for these suits have dragged on for years unacceptable because it does­ the automatic termination or sale of but others have resulted in bringing attempt10 deal with the main probl all unoccupied rancherias, but pro­ attention to the shocking problems of termination, which is that tel' vided a mechanism for the population raised. California Indian Legal Ser­ nated Indians are no longer entit of occupied rancherias to vote on vices, an Office of Economic Oppor- to any special consideration by 4 federal government. It is this question . California was the .first state to tions promised in the 18 lost Trea of the legal status of terminated contract with the Bureau of Indian were never created and those reseJ Indians with which the Inter-Tribal Affairs to receive J.O.M. funds. From tions that were created later \\ ) Council is concerned. 1934 until the move for termination widely scattered and very small in the 1950's cancelled all J.O,M. is important to note that today c California Indian funding in California, the state re­ about 6,000 of the 40,000 Na ceived more than $300,000 a year, California Indians live on reservati( Education' which was a percentage of the Johnson Approximately 50,000 other Nai The Johnson O'Malley Act of 1934 O'Malley appropriation approximating in California have b, acknowledged the federal govern­ the proportion of Indians in California relocated to California from ot ment's responsibility as a guardian to to the national Indian population states and they do not live on reseJ deal with the problems which are (12%). It was in 1957, when the B.LA. tions, but in urban areas. It set unique to Indian education. Implicit adopted an administrative regulation strange that the funds were remo in the J.O.M. legislation is a concept limiting Johnson O'Malley funds to when those intended to be the prim ...... :that this', fecieral .responsibility can school districts with "large blocks of beneficiaries of the Johnson O'Ma t~st be metbyproviding the individual non-taxable ". Iridian oWned property" Act. were Indians "so interminE f;~t~te~ ~.th·. if ~mmCial inc~ntive to' that •• California:.'l.ost· its funding. Cali­ with the general population of ,~undertakeeducation progra~design~ fornia, of course, has very few large state that it was not pratical ~;\~~~*~~})~nefi~,India~'2f~~re~;r::j,k: blocks of tax-freeland. The reserva- economical for the Department (B to obtain separate services for the There is nothing in the language the legislative history of the John O'Malley Act which has authori the tode mine that the funds are for scll districts with large blocks of tax-! li·;~~'.f:­ Indian land and relatively large D1 ~;; " ~T{::' bers of Indian children. ~-.:'" The attempt by the Department Interior and Bureau of Indian Aff to restrict the distribution of J.O funds on the above basis has promp a lawsuit by the California Indian E cation Association, (C.I.E.A.) aga the Secretary of Interior. The case' filed in March 1972 and set fc the controversy over the Intel Department regulations purport to limit permissible J.O.M. bene! aries. The suit is being hand by California Indian Legal Servi and a copy of the complaint in 1 case is available from the Natic Indian Law Library, (No. oon A hearing on a Motion to Dismiss the defendants is scheduled for e, September. The basis for the mot is an alleged lack of standing C.I.E.A. to bring this suit. Further, plifying the standing issue are members of C.LE.A. who have fi petitions on their own behalf to in vene as plaintiffs in the suit. Public education of California dians has proven to be unsatisfact( intrinsically, and in comparison v ) Indian education programs in ot states. The consensus is that if Johnson-O'Malley Act of 1934 w reapplied to California, it could be -- .

single most effective measure to im­ prove the quality of education for Indian children in that state. Ifit could have been said at one time that the State of California agreed to the withdrawal of I.O.M. funds, that is no longer the case. Both the California legislature and Department of Educa­ tiOI! wish the BIA to reinstate I.O.M. funding. Calif9rnia Indians never aSsented to the withdrawal in the fll"Stplace; and they, too, urge rein~ statement.

: ~.:..' -,~,.::_~- ~>" !.~. ;~.L;~. ~.,,;-:: ;0~,:-;\ ,'9.:~f~:'·" -:::-_,~:-·t.::;:i I' ")'j{~.-:,t..;:., .. "':- ,r.•:; The.~AgUa;:caIiente,Band ;an,djnany other?, Ban.dso(,:Southern· California Indians had used since time immem­ orial ~ .areanow;~o~as'Warner's Valley. For generations the Indians regarded the, hot springs there',as sacred and made pilgrimages to them from far and near. ( A gentleman muned Harvey claimed TRIBES AND TERRITORIES title to the Warner Ranch lands pursuant to a patent from the U.S. OF CALIFORNIA INDIANS I. I. Government to Warner on Ianu­ o so 100 ISO 200 .11•• ary 16, 1880, and brought action to outst the Indians. Harvey won in the lower courts and the case eventually reached the Supreme Court of the did not even contend that their clients Mexican law in preserving and pro­ United States on appeal (Barker V. had title (even though conclusive tecting Indian title, and giving effect Harvey, 181 U.S. 480 45 L. Ed. 963 evidence of the established Indian .to the treaty of Guadalupe Hidalgo 1901). communities stands close by the Hot in perpetuating and protecting those The Indians, without an attorney of Sp~gs. to this day in the form of property rights. their own choosing, were forced to adobe cOttages, now modernized to The Supreme Court of the United rely upon counsel selected by the accoDlodate tourists; a sign over one States having been inadequately ad­ government for.them. The Supreme reads "built by the Indians in 1830"). vised by counsel for the Indians, err­ Court of the United States relied Instead the'attorneys asserted that the oneously held that "If these Indians upon the attorney employed by the Indians had merely a "usufructuary had any claims founded on the action Bureau of Indian Affairs, and the right under Guadalupe Hidalgo", the of the Mexican Government they government attorney, to present the right of "use and occupancy", and that abandoned them by not presenting Indians' case, but examination ot the indians and their ancestors had them to the commission for consider­ the brief in the Suprme Court reveals "remained in continuous, open, notor­ ation ...." pursuant to the Act of a patent failure to assert the true ious adverse possession". This was March 1851 which established the legal position of the Indians and the not the law; the Indians owned titles California Land Claims Commission case was lost by default. to their communities or rancherias in but of which the Indians had never Even the most supedicial research Warner Valley and the attorneys been informed. Still the Act estab­ into the Spanish and Mexican law should have claimed title. lishing the California Land Claims concerninS! Indian land tenure would Further the attorneys for the Indians Commission had no application what- U 'lave reve'iIed that the Indians held did not cite any of the controlling soever to Indian titles, for these had .itle to established communities and decisions of the Supreme Court which already been the subject of a special rancherias. Attorneys for the Indians recognized the effect of Spanish and Act of Congress in which the 18 6 --_..

treaties were negotiated. Had the fication for Indians livlng as "squat­ the Office of Economic Opportun attorneys been diligent in protecting ters" when the very instrument~lity The primary objective of the proj Athe interests of the Indians, they by which their lands were stolen from is to obtain land for landless CaIifoI \.ftould have immediately petitioned diem-the federal government-owns Indians, and to help existing reser the Supreme Court of the United 44% of California, of which 14%· is tions with their land problems, States for a rehearing for this and vacant. The Indians realistically need cluding boundary disputes, cloue other reasons, but no such petition but a fraction of 1%. Similarly, there titles, rights of way and others. was ever filed. is no justification for the multiplicity For further information about Cl of land problems now afflicting reser­ and the Land Project write to the Cl Continuing Genocide vations, rancherias and allotments Central Office: when the means are at hand, at a relatively small cost, to remedy such Bruce R. Greene, Executive Direc "There Is Dot much that Is problems. California Indian Legal Services more imPortant for human Land is critical to Indian cultural 2527 Dwight Way ~ beings than their relations survival. It is religiously sacred to Berkeley, California 94704 with each other, and It Is Indians and for many it can provide Telephone (415) 845-6171 H: these which laws are designed a dignified, secure home. For some it ClLS also has branch offices in Bish. 8-":"· e~ress." , ;",. to ' can increase economic self-sufficiency Escondido, Eureka and Ukiah. ;~",!i',L~": . OweD Barfield and help provide a more adequate standard of living. The alternative Deganawidah­ The genOCide of the California Indian to constructive action is continuing people and the theft of their land genocide.•. injustice, festering bitter­ Quetzalcoatl ness and the final death of the first cannot be undone. The, deciination Californians. University that occurred in the 19th century might be viewed as the ruthless acts Descendants of Native Americans ofconquerors-irrational, without mo­ the United States number apprc tive or considerable premeditation­ mately 7 to 8 million persons. Th< and therefore not reflective on the people share racial and cultural Vall consciousness of the society which which they have maintained in spite permitted it. This is not true of persistent efforts to assimilate th( Olaw as it has been applied to Cali­ into the dominant society. fornia Indians. Law is a more accurate reflector of It is the consensus of the Natj the conscience of American society American community that its cultu than any other activity, because it heritage may be preserved and < must ultimately rely on support from hanced through educational Opportl the culture as a whole. Unlike the ities at an ethnic university. To t rules of morality, law is surrounded end, the 'slirst American by and intertwined with customs and dian-ehicano University was found rites which reveal attitudes and beliefs in 1971. It is located in north-cent hidden by the bare rule. It is therefore California on land seized by Chicar all the more despicable that the geno­ and Indians after it had been ab, cide has continued to occur through­ doned by the . T out the 20th century. 640 acre campus called Deganawid, The law has been used to remove Quetzalcoatl University, in memc from th~ California Indians land and of leading ligures in Iroquois a most of the remnants of their culture. Aztec history, welcomed its fi In some instances it has been because California Indian class in July of 1971. The D-( Indians were not informed of their curriculum consists of agricultur rights or their need to petition; in Legal Services liberal arts and vocational offerinl other instances they have been poorly California Indian Legal Services pro­ it emphasizes studies in Native Ami represented; and in still others the vides legal assistance and advice to ican history and contemporary cultu Congress has made laws which, al­ Indians throughout the state. The Prospective students and interest though may have been intended to Native American Rights Fund was persons may write for further inf. benefit Indians, were in fact instrumen­ originally a pilot project of CILS, and mation about D-QU to Director tal in furthering the cycle of destruc­ the Fund continues to have a close Student Services: tion. working relationship with the CaE­ Degana',vidah...Quetza!ccat! j o It may be possible to somewhat fomia program. University mitigate the hardship and degradation CILS recently established the Cali­ P.O. Box 409 still endured by the surviving Cali­ fornia Rural Indian Land Consolida­ Davis, California 95616 fomia natives. There can be no justi- tion Project, with the assistance of Telephone: (916) 758-0470 Augustlae Band of . La Jolla Band of Mission Indians Native Tribes And Augustine Reservation La Jolla Reservation Groups Of California Maldu Tribe t.a Pasta Band of Mission Indians o Berry Creek Rancheria La Pasta Reservation In 1770 (approximate total Mooretown Rancheria Tribe City Rancheria Laytonville Reservation population-300,000) Auburn Rancheria (mixed) Greenville Rancheria Yuma Strawberry Valley Reservation Los Band of Mission ladians Los Coyotes Reservation WhIIkut Kohuana Palute-Shoshone Tribes Mohave Big Pine Reservation ManzanIta Band of MissIon Indians WaDaId Bishop Reservation Manzanita Reservation Wlatua Lone Pine Reservation r:.s,;d Slakyone Mesa Grande Band of Mission ladians Kato' Cabazon Band of MissIon ladians Mesa Grande Reservation Bear River Cabazon Reservation :.'/',;;"\,f.,,:,," Maldu -Patwln Tribe Y~kJ" Middletown Rancheria i N"ISCnan' , Band of MissIon Indians WJ,yot" Cahuilla Reservation Mission Creek Band of Mission ladians Yaid CostaDoan Mission Creek Reservation Huclmom MissIon Band of Indians of Campo Community Modoc Campo Reservation Morongo Band of Mission ladians Morongo Reservation Shasta Moao-BaiuaOck VleJas, Barona and non-reservation ladians Koaomlha Paviotso Capitan Grande Reservation Okwaauchu Owens Valley Paiute Pala Band of MissIon ladians Achomawl (Pitt River) Mono Lake Paiute Pala Reservation Atsagewl Monache" Paiute Tribe - Paaamlat Shoshone Y.... (Koso) Fort Bidwell Reservation Pauma Band of MissIon Indians Yahl Ute-Cliemehuevl Fort Independence Reservation Pauma Reservation ~ Qemeh~vi Chlmarlko (Tehachapi) Mono Tribe Pechaaga Band of MissIon Indians Cold Springs Rancheria Pechanga Reservation Pomo Big Sandy Reservation (Auberry) Washo Tubatulabal EsseIea Bankalachi Cahuilla Band of MissIon ladians o CahII Dehe Band of Wlatua ladians Ramona Reservation SaIIaaa Serrano Colusa Rancheria Antoniano (Tejon) San Lu!seno Band of MissIon Indians Migueleno Alliklik Wlatua Tribe Rincon Reservation Playano Mohineyam Cortina Rancheria (Vanyume) Rumsey )Uncheria Lake, Chumash Serrano Yuki, Pitt River, Uttle Koakow, Wylackl, Obispeno Pomo, NomaIackl aud Wlatua Tribes Purisimeno GabrielfDo Cnyapalpe Band of MissIon ladians Round Valley Reservation Ynezeno Fernandeno Cuyapaipe Reservation Barbareno Gabrielino San Manuel Band [of MissIon IndiansI Ventureno Nicoleno Pitts Trfbe San Manuel Reservation Emigdiano Cuyama Lulseao-Cahullla Island Juaneno San Pascual Band of Mission Indians Luiseno MoJave Tribe San Pascual Reservation YlIIIIlIIl Cupeno Fort MoJave Reservation Diegueno Cahuilla Tache Tribe Kamia Tribe Fort Yuma Reservation Known Tribes And Santa Rosa Band of Mission Indians Nomalackl-WaUackl Tribe Santa Rosa Reservation Reservations In Grindstone Creek Rancheria Santa Ysabel Band of Mission ladians California In 1972 YurokTribe Santa Ysabel Reservation Hoopa Extension Reservation (approximate total Hoopa Valley Reservation Trimdad Reservation Santa Ynez Band of Mission ladians population-40,000) Santa Ynez Reservation Agua Caliente Baud InaJa-Cosmit Tribe Agua Caliente Reservation Inaja-Cosmit Reservation Soboba Band of Mission ladians Soboba Reservation Pitt River Tribe Altur'as Rancheria Me-Wuk Tribe likely Reservation Jacksw"1 Raucheria Pitt Rivcr-Paiute Tribe Sheep Ranch Rancheria XL Reservation Buena Vista Rancheria u 8arona Group of Capitan Band of Mission Cortina Rancheria Paiute, Maldu, Pitt River and Washoe Tribes ladians Shingle Springs Susanville Rancheria Barona Reservation Chicken Ranch 8 -_ ..

Sycuan Band of Mission Indians 1506 Broadway ADMIMSTRAnON OF INDIAN AFFAIR~ o Sycuan Reservation Boulder, Colorado 80302 001297 Telephone (303) 447-8760 Freeman, Enola E. v. Morton, Rogen C. B Torres-Martinez Band of Mission Indians Wash., D.C., DD.C., 1972. Torres-Martinez Reservation ext. '48 Action challenging B.I.A.. interpretation statutes concerning Indian preference as Tole River Tribe National Indian Law plying only to initial hiring. Tule River Reservation 001332 Library Holdings Thompson, Mae v. Hickel, Walter J. N.M., D.N.M., , 1970. Tuolumne Band of Me-Wuk Indians The following is a list of recent Action contesting Dept. of Int. regulation Tuolumne Rancheria hibiting general assistance grants supplemer acquisitions now available through the state welfare to reservation Indians. Twenty-NIne Palms Band of (MissIon] Inclfans National Indian Law Library. Together 001496 Twenty-N'me Palms Reservation with the lists in the first and second Begay, SaUy John v. Graham, John O. issues of Announcements, they com­ Ariz., Super. Ct., Navajo, 1969. VIeJas Groupof;,Capltan Grande Band of Action contesting denial of state welfare b Mission Indians: prise a current listing of all Library fits to family because family's resources , Viejas Reseryation holdings. We will continue to up-date ceeded allowable maximum. \:(~~~':,,;,rF;iJ~, 001497 ,-I.: . ,i]; this list in subsequent issues of ,An­ Smith, Joe v. Finch, Robert H. Pomo Tribe nouncements. Ariz., D. Ariz., Navajo, 1969. Sulphur Bank Rancheria Action contesting administrative decision Big Valley.(Mission) Reservation The Library will soon have access nying Social Security Disability Insurance b Cache Creek Reservation to an'Off-set press to be used in fits to Indian. Lower Lake Reservation printing the complete catalogue of 001505 Robinson Reservation Burcell, William v. Armstrong, Ellis. Scotts Valley (Sugar Bowl) ReServation documents available in each case and Cal., E. D. Cal., 1972. Upper Lake *1' the subject index. We have already Suit alleging federal flood relief progran Valley Reservation been receiving requests for these administered that allottee's property nnrea Guidiville Reservation ably susceptible to flood, thus reducinE Hopland.Reservation items. The document catalogue will value and endangering life. Manchester-Point Arena Reservation be ready near the end of October, and Pinoleville Reservation Potter Valley Reservation the subject index later this year. If CIVIL RIGHTS Redwood Valley Reservation you are interested in receiVIng either 001302 Ooverdale Reservation of these documents, please fill out WUber, Ullian v. Board of Educadon of J. Dry Creek Reservation School District No. 8- Graton Reservation the Subscription and Catalogue re­ Wis., W.D. WiS., Menominee, 1972. Lytton Reservation quest form on the last page of this Action charging school officials. with discr O Mark West Reservation issue. nating against Indian students in enrollment Stewart's Point Reservation curriculum. The recently acquired case materials are divided 001490 under very general subject headings pending FerreU, Derryl v. Kerr, Henry W. National Indian Law publication ofour comprehensive Subject Cata­ Cal., N.D. Cal., 1972. logue. The numberin the upper left hand corner Action by Indian prisoners charging viola Library Tribal Index is the Library acquisition numberand should be of 14th Amendments rights in parole polic' uSed in ordering materials. The line directly 001504 The National Indian Law Library is below the title gives the state, court(s), tribe(s). Duro, Raphael v. VaDey Center Union Sci in-the process of compiling a Tribal and daters) when applicable. The court, except District. where shown as a Federal Court, tribal court or Cal., S.D. Cal., Rincon Band, 1972. Index which will list all tribes known administrative agency, is a court of the state Action to prevent school officials. from in the United States since its discovery. indicatedat the beginning ofthe line. The courts pending Indian male students for violatiol listed are not meant to be a history ofthe case, school hail' length regulations. It will also include native villages of but only refer to the documents in the library 001508 Alaska and all reservations existing to­ files. The date is that of the earliest document California v. Carrillo, Joe. day. in the case in ourfiles. The date preceded by the Cal., lust. Ct., 1972. leIter "d" indicates the date on which the case Suit alleging unconstitutional discrimina The Index will be used in conjunc­ was settled or decided. If no date preceded by in composition of master panel of juron tion with the Indian Claims Commis­ the letter "d" indicates the date on which the detriment of Indians and Meixcan American: sion Reports and the regular holdings the letter "d" is shown, then the case is un­ 001513 decided, on appeal in another court, or the Shepard, Grover Lee v. Justice Court, COl of the National Indian Law Library. decision is unreported and we have no record of of Inyo, Southern Inyo Judicial District. Anyone wishing information about it. If only a date preceded by the letter "d" Cal., Super. Ct., 1972. is shown, then all of the litigation in our file Suit alleging denial of equal protection in s any tribe will be able to look up the occurred during the year of the decision. The prosecution for public drunkenness. tribe in the index and find a listing symbol (C-) indicates a connected or con­ 001520 of all cases in which that particular solidated case. Unified School District v. Attol Although the Library has made every effort to General of the State of California. tribe has been involved. make our files as complete and accurate as Cal., U.S. Sup. Ct., 1971. Persons interested in this project, po~ible, there may be errors which we rely upon State action to desegregate de facto ra who either may have information you to help us correct. imbalance in school district. about little known tribes or who would 1005 Acquisition Number HUNTING AND FISHING RIGHTS like to purchase a copy of the National Wisconsin v. Richard Gurnoe. _ Indian Law Library Tribal Index Wisc., Cir. Ct., Sup. Ct., Chippewa, 1970, d.1972 001321 Cvuf~ei'iiLed Tribes of die Uilliidllii Iud l)should write directly to: " I" .. , .. ·····1' Reservadon v. Malson, H. G. J Diana Lim, Research Associate State Courts Tribe Dates Ore., D. Ore., 9th Cir., Walla Walla, Cayt Umatilla, 1960, d.l963.. Native American Rights Fund (C. l006).-Connected or consolidated case Action to ascertain extent of off·reservat National Indian Law Library fiShing rights given Indians in treaty. 001322 001506 TERMINATION Confederated Taiba of the Umatilla Reserva­ Montana v. Redneck, Leonard. tion v. Malson, H. G. Mont., Just. Ct., Crow, 1972. 001298 ~ Ore., D. Ore., Walla Walla, Cayuse, Umatilla, Criminal prosecution for traffic violation; of­ Albers, Lucme J. v. Morton, Rogers C. B. 1966, d.l%7. fense allegedly comitted off-reservation, but Cal., E.D. Cal., 1972. Action to ascertain extent of off-reservation apprehension and summons issued on highway Action claiming Indians were illegally depriVed hunting rights given Indians in treaty. within reservation. of allotments by termination of rancheria with­ 001333 001521 out Indians knowledge or consent. OrganJzed Village of Kake v. Egan, William A. Whyte, Clifford Becher v. DistrIct Court of Alaska, D.Alaska, U.s. Sup. Ct., 1959, d.l%2 Montezuma Conatry. TRESPASS, INDIAN LAND (C.1334, 1299)..' . Colo., Sup. Ct., U.S. Sup. Ct., Ute Mountain Action to prevent enforcement of state fishing Tribe, d.1959. 001342 regulations against, Alaskan Indians. Action to determine whether state court or Baker, Constance Frye v. CaUfornla. 001334 ,;) tribal court has jurisdiction to grant divorce Cal., Super. Ct., Hoopa Ext. Res., 1972. Augoon Commnnfty AssocIation v. Egan~ WO- between enrolled Indians married on reser­ Action by Indian allotment holders claiming llam A. " . ;', ' vation. county and state trespassed in building and Alaska, D. Alaska, U.S. Sup. Ct., 1959, d.l%2 maintaining a road crossing Indian land. (C.I333, 1299). ." PROBATE 001344 Action to prevent enforcement of state fIShing Orcntt, Harvey v. Conaty of Humboldt. regulations against Alaskan Indians. 001304 Cal., Super. Ct., 1972. . 001500 " .', ..,,.'1M,';,;"'.•,· CrowC;'Nettie S. v. Eastern Band of Action by Indian allotment holder claiming !. • Minnesot8'~. CIllfk¥~ :; ... ,Z indians, In~ ". county trespassed in locating a road across Minn., Probate Ct;fDist; Ct.;'Minn. Chippewa. N.C., W.D.N.C., Eastern Band of , his land. :",~ Prosecution of Indian~gwiranteed hunting rights 1972. 001345 , " by treaty, for: on-~rv:ation violation of state Action to set aside tribal assignment of part of Pauma Band of Mission Indians v. Conaty of game laws. . c'" • ' Indian's inherited lands to another heir. San Diego. : 001509 ' . ". ": r ',r\ 001493 :.: " .•..•... Cal., S.D. Cal., Pauma Band of Mission Indians, Aleen, DoRy Cnskerv. Secretary of the interior. 1972. U~:~::~t~=er972. Mont., D. Mont., 9th Cir., 1970. .' Trespass action against state and county for Al,'tion .to determine 'state's authority to regulate Action contesting wilI of Indian's deceased building and maintaining a highway across off-reservation possession of crabs for COIll: husband. . , mercial purpose by ~dian. . 001346 Inaja Band of Mission Indians v. Conaty of TAXATION San Diego•. JURlSDICllON 001058 Cal., S.D. Cal., Inaja Band of Mission Indians, 001301 Your Food Stores, Inc., v. Village of Espanola, 1972. Sonth Dakota v. Molas&, Joe. New Menco. Trespass action against county for constructing S.D., Sup. Ct;, Sioux, 1971, d.I972. N.M., Sup. Ct., Santa Clara, d.l%1. and maintaining road within Indian reservation. State prosecution of Indian for forgery COIll: Action contesting annexation and subsequent 001511 mitted in Indian country. taxation of Indian land by municipal corp­ Baker, Constance Frye v. CaUfornla. 001303 oration. Cal., D. Cal., Hoopa Extension Reservation("' WaDDeka, Panline v. CampbeD, David. 001326 1972. \.... Ariz., Super. Ct., Navajo, 1971. Moore, Frederick J. v.Johnson, Ernest H. Action in trespass against state for building Action to prohibit application of state financial Maine, Super. Ct., Passamaquoddy, 1971. road across tribal land and asking for U.S. responsibility regulations to on-reservation ac­ Action by Indian to declare on-reservation representation in the action. cidents involving Indians. sales transaction non-taxable. 001305 001327 TRIBAL MEMBERSIllP WhIte Monataln Taibe v. SheRey, State Tall: Commfssion v. Rocky Monataln Hall MeMnT. Wyo., State Admin. Proceeding, Arapaho, 001340 Ariz., Sup. Ct., White Mountain , Shoshone. LaramIe, Jnae Karen v. Nicholson, NarcIsse, Jr. d. 1971. Action to prevent state from imposing tax on Wash., 9th Cir., Colville Confederated Tribes, Action challenging state court authority to Indians or their businesses on Indianreservation. 1972. enforce contract between tribal and non-Indian 001328 Action by Indian minors seeking adoption into companies. Applebee, MbmIe, In re. tribe and tribal dividends fmm date of adoption 001329 Minn., Dist. Ct., Chippewa, 1972. application. UnIted States ell: reL TDdon louis Condon v. Proceedin~ to enforce property tax against 001499 Erikson, Don R. Indian reSiding on reservation. Thompson, AUce M. v. Tonasket, MeL S.D., D. S.D., River Sioux, d. 1972. 001331 Wash., 9th Cir;, Colville, 1972. Suit claiming state .lacked jurisdiction over Colombe, Thomas J. v. Todd Conaty. Action brought by Indian for re-enrolIment in crime committed by Indian in portion of reser­ S.D., Cir. Ct., Rosebud Sioux, d.l%5. tribe and for tribal dividends lost. vation opened to white settlement by Act of Action by enrolled Indian who was refused Congress. abatement of state personal property tax while 001336 living on reservation. TRUST OBLIGATIONS KDls Plenty, Percy v. UnIted States. 001502 001087 S.D., 8th Cir., Rosebud Sioux, 1972. Makah indian Tribe v. CIanam Conaty. Passamaquoddy Tribe v. Commonwealth of Appeal by Indian acquitted of driving while Wash., Super. Ct., Sup. Ct., Makah, 1965, Massachnsetts. intoxicated by tribal court and then con\icted d.l%8. Mass., Super. Ct., Passamaquoddy, (C.1495). of involuntary manslaughter arising fmm same Action to prohibit state taxation of Indian­ Suit alleging breach of treaty and trust obli­ Ho~f,fft in federal court. owned business on reservation. gations arising fmm treaty made between state 001503 and tribe. Davis, Arnold, In the Matter of the AppUcation Makah indIan Tribe v. Tall: Commfssion of the for a Writ of Habeas Cor:pns. 001298 State of . Albers, LueWe J. v. MortoD, Rogen C. B. Davis, Arnold v. Warden, Nevada State PrlsIon. Wash., U.S. Sup. Ct., Makah, 1%8, d.I970. Nev., Dist. Ct., Sup. Ct., Pyramid Lake, 1970. Cal., E.D. Cal., 1972. Action to restram state fmm taxing cigarettes Action claiming Indians were illegally d~­ Habeas corpJIS proceedings claiming state court sold to Indians on reservation. lacked jurisdiction over Indian and reservation prived of allotments by termination of ranchena where offense occurred. 001507 without Indians knowledge or consent. 001501 WDson, Robert S. v. Montana. 001495 iYuakah indian Tribe v. Washingion. Mont., Dist. Ct., Crew, 1972. Iuillt Tribal Council of me PassaiiUiijiiGddy Wash., Super. Ct., Sup. Ct., u.s. Sup. Ct., Suit challenging levy of state income tax Tribe v. Secretary of the Interior. ('- Makah, 1966, d.I970. against salary of Indian earned wholly within Maine, D. Maine, Passamaquoddy, 1972. Action to declare reservation and roads on reservation from job in tribal commodity pro­ (C. 1087). reservation outside of state jurisdiction. gram.

10 -- .

~uit seeking order for Dept. of Justice to 001492 Legal Secretaries A rep~esent tribe in its claims against state of Lake, Kee v. Peabody Coal Company. Perl M. Bateman (Oglala Sioux) \ ~ ~alDe although no formal treaty exists between Ariz., D. Ariz., Navajo, 1972. Connie M. Benoist (Cheyenne River S . tribe and federal government. Action by Indians based on Indian Civil Rights GaU L. Benoist (Cheyenne River Sioux Act and breach of contract to. recover damages Janice C. Bray (Kiowa) WATER RIGHTS for sudace rights and property involved in Black Mayredean C. Palmer (Kiowa) Mesa mining operation. Susan P. Roberson 001347 001494 Frieda Wagner (Pomo-Concow) Los Coyotes Band of Mission Indians v. Vista Grayson, Toche v. Tulsa Scottish Rite Chari­ Patricia Wright Irrigation District. ' table And Education Foundation. Maintenance Cal., S.D. CaI., Los Coyotes Band of Mission Okla., Dist. Ct., Creek, 1962, d.I963. Ken Garry Indians, 1972. Action arising from alleged unlawful holding Vic Hart Action claiming violation of Indian band's water and possession of lands inherited by Indians. Receptionists rights in use of groundwater. Norma A. Cuny (Oglala Sioux) 001348 Sylvia C. Sweeney (Ottawa-Chippewa) Pala Band of Mission Indians v. Escondido Records Mutual Water Company. Bernadine Quintana (Oglala Sioux) Cal., S.D. Cal., Pala Band of Mission Indians, Reproduction 1972. Ronald Fundingsland Suit arising from construction of dam and David Wray ,reservoir.on tribal land resulting in loss of Bookeeper water to tribe.' . , Susan Rosseter Hart 001349 Law Clerks Capitan Grande Band of MissIon Indians v. Richard L. KaJar ,Helix irrigation District. (UCLA Clinical Pmgram) Cal., S.D. Cal., Capitan Grande Band of Mission Victor Palmer (Kiowa) Indians, 1972. Barbara J. Walkingstick (Cherokee) ; Suit arising from construction on tribal land of Barbara L. Webb (Tlinget) , dam and reservoir resulting in loss of water to tribe. 001510 National Indian Law Library Rincon Band of Mission Indians v. Vista Irriga­ Librarian tion District. Melody K. MacKenzie (Hawaiian) Cal., D. Cal., Rincon Band of Mission Indians, Legal Advisor La JoUa Band of Mission Indians, 1972. Joseph R. Membrino Action by tribes to recover damages from and Research Associates prevent further diversion and appropriation of Steering Committee Peter S. Hrobsky river water in violation of paramount water Diana Urn (Acoma ) rights. Secretary Of The Native EUeen Lente (Laguna Pueblo) o MISCELLANEOUS American Rights Fund 001300 Charles Lohah, Chairman, (Osage) New Staff Of The Mobo 00 Corporation v. Local Boundary Com. DaVid Risllng, Jr., Vice-Chairman, (Hoopa) mission. La Nada MeanS, Executive Committee, Native American Alaska, Super. Ct., 1972" (Shoshone.Bannock) Action by oil companies to prevent incorpora­ Alfonso Ortiz, Executive Committee, tion of borough on Alaska North Slope thereby (San Juan Pueblo) Rights Fund subjecting oil property to taxation. WendeD Chino, (Mescalero Apache) 001324 Fred Gabourle, (Seneca) Staff Attorney California Indian Education Association v. Leo Haven, (Navajo) Morton, Rogers C. B. Douglas R. Nash. Mr. Nash is a Cal., E.D. CaL, 1972. PbUip Martin, ( Choctaw) Perce Indian and a graduate of Action to declare illegal regulations stipulating Francis McKInley, (Navajo-Ute) University of Sch JOM funds go only to school districts WIth large John Stevens, (Passamaquoddy) blocks of non-taxable Indian property or large Richard TrudeD, (Sioux) of Law, and past Executive Dire< numbers of Indian children. of the American Indian Law Stud< 001325 Association. Prior to joining the F DOIon, Phoebe WUson v. Ander Land Company. Native American Mont., D. Mont., Crow, 1971, d.I972. he worked with the Indian Civil Ril Action by Indian to recover land lost in allegedly Rights Fund Staff Task Force for the U.S. Departrr fraudulent transaction. 001330 Director of Interior. Mr. Nash will be wod Cherokee Nation v. State of . David H. Getches with the Fund in the areas of hun Okla., 10th Cir., Cherokee, Choctaw~ Chicksaw, Deputy Director and fishing and other treaty right: d.I972. John E. Echohawk (Pawnee) Action by tribe claiming title to riverbed con·. Staff Attorneys Native Americans. taining oil and gas deposits. L. Graeme Bell, III 001337 Joseph J. Brecher Legal Advisor, National Indian ) Rosebud Sioux Tribe v. Kneip, Richard (Honor. Thomas W. Fredericks (Mandan) Library able). Daniel H. Israel Joseph R. Membrino. Mr. MembJ S.D., D,5.D., Rosebud Sioux, 1972. Yvonne T. Knle:ht (Ponca) Action seeking to ascertain meaning of certain Douglas R. Nash (Nez Perce) is a graduate of Boston College ) acts of Congress defining boundaries of reser­ Robert S. Pelcyger School and a member of the Conm vation. Thomas L. Smithson cut Bar. Until joining the Fund 001491 Charles F. WUklnson Walker River Paiute Tribe of Nevada v. South. Of Counsel was a staff attorney with Watert ern P:c!fic T:~pcrt:t:!G::: Cc. ReId Peyto!! Ch!!mbe~ Legal Aid and Reference Societ~ Vine Deloria, Jr. (Standing Rock Sioux) ) Nev., D. Nev .. , Walker River Paiute Tribe, 1972. Waterbury, Connecticut. His w U Action arising from construction and mainten· Thomas N. Tureen ance 01 railway on tribal lands in violati()n of Assistant to the Director with the Library involves preparal federal regulations and from breach of contract Joan L. Carpenter of a general index to the Libra with tribe, holdings. ,)p'.'." expand its work and to cbver the cost Announcements Native American of the publication of this newslett~r. I Rights Fund Offices Contributions to the Fund and to and Catalogue Requests for assistance and informa­ the Library are tax deductible. A Request Form tion may be directed to the main office, coupon is provided below for your convenience. publicc David H. Getches, Director ..••...... •...... •...•...... •.. Native American Rights Fund Enclosed is my contribution to 1506 Broadway assist the Native American Boulder, Colorado 80302 Rights Fund in the assertion o Telephone (303) 447-8760 and protection of Indian rights or to the Washington, D. C. office, and the orderly development of o L. Graeme Bell, III, the body of law affecting In- o Staff Attorney ~. __ ~~aI!s; _ cc o Native American Rights Fund .:: :~ <~~: • 1712 N Street, N.W:'" '.• Washington,D~C.20036 .ra". Telephon~(202) :785-4166'", r:: '.• Contributionsto;the ..• '.·• Native'Arne,rican ,i,·, : '$50 • Righls'Fun

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