Oklahoma Indians and the Congresses of October 1934
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The Legacy of Solem V. Bartlett: How Courts Have Used Demographics to Bypass Congress and Erode the Basic Principles of Indian Law
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UW Law Digital Commons (University of Washington) Washington Law Review Volume 84 Number 4 11-1-2009 The Legacy of Solem v. Bartlett: How Courts Have Used Demographics to Bypass Congress and Erode the Basic Principles of Indian Law Charlene Koski Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Indian and Aboriginal Law Commons Recommended Citation Charlene Koski, Comment, The Legacy of Solem v. Bartlett: How Courts Have Used Demographics to Bypass Congress and Erode the Basic Principles of Indian Law, 84 Wash. L. Rev. 723 (2009). Available at: https://digitalcommons.law.uw.edu/wlr/vol84/iss4/5 This Comment is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Koski_DTPed[1].docx (Do Not Delete) 11/23/2009 12:52 PM Copyright © 2009 by Washington Law Review Association THE LEGACY OF SOLEM V. BARTLETT: HOW COURTS HAVE USED DEMOGRAPHICS TO BYPASS CONGRESS AND ERODE THE BASIC PRINCIPLES OF INDIAN LAW Charlene Koski Abstract: Only Congress has authority to change a reservation’s boundaries, so when disputes arise over whether land is part of a reservation, courts turn to congressional intent. The challenge is that in many cases, Congress expressed its intent to diminish or disestablish a reservation as long as one hundred years ago through a series of “surplus land acts.”1 To help courts with their task, the Supreme Court in Solem v. -
Southern Division Little Traverse Bay Bands Of
Case 1:15-cv-00850-PLM-PJG ECF No. 610 filed 04/29/19 PageID.11737 Page 1 of 66 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN – SOUTHERN DIVISION LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, a federally recognized Indian tribe, Plaintiff, v. Court File No.15-cv-850 Hon. Paul L. Maloney Gretchen WHITMER, Governor of the State of Michigan, et al., Defendants. Tribe’s Response in Opposition to Municipal Defendants’ Motion for Summary Judgment William A. Szotkowski James A. Bransky Jessica Intermill 9393 Lake Leelanau Dr. Andrew Adams III Traverse City, MI 49684 Hogen Adams PLLC Phone: (231) 946-5241 1935 W. County Rd. B2, Ste. 460 E-mail: [email protected] St. Paul, MN 55113 Phone: (651) 842-9100 Donna Budnick E-mail: [email protected] 7500 Odawa Cir. [email protected] Harbor Springs, MI 49740 [email protected] Phone: (231) 242-1424 [email protected] E-mail: [email protected] Counsel for Plaintiff Little Traverse Bay Bands of Odawa Indians Case 1:15-cv-00850-PLM-PJG ECF No. 610 filed 04/29/19 PageID.11738 Page 2 of 66 Table of Contents I. Factual Background .................................................................................................. 1 A. The Land .......................................................................................................................1 B. The Treaties ..................................................................................................................5 1. March 28, 1836: The Treaty of Washington .......................................................... -
PETITION Ror,RECOGNITION of the FLORIDA TRIBE Or EASTERN CREEK INDIANS
'l PETITION rOR,RECOGNITION OF THE FLORIDA TRIBE or EASTERN CREEK INDIANS TH;: FLORIDA TRIBE OF EASTERN CREEK INDIANS and the Administra tive Council, THE NORTHWEST FLORIDA CREEK INDIAN COUNCIL brings this, thew petition to the DEPARTMENT Or THE INTERIOR OF THE FEDERAL GOVERN- MENT OF THE UNITED STATES OF AMERICA, and prays this honorable nation will honor their petition, which is a petition for recognition by this great nation that THE FLORIDA TRIBE OF EASTERN CREEK INDIANS is an Indian Tribe. In support of this plea for recognition THE FLORIDA TRIBE OF EASTERN CREEK INDIANS herewith avers: (1) THE FLORIDA TRIBE OF EASTERN CREEK INDIANS nor any of its members, is the subject of Congressional legislation which has expressly terminated or forbidden the Federal relationship sought. (2) The membership of THE FLORIDA TRIBE OF EASTERN CREEK INDIANS is composed principally of persons who are not members of any other North American Indian tribe. (3) A list of all known current members of THE FLORIDA TRIBE OF EASTERN CREEK INDIANS, based on the tribes acceptance of these members and the tribes own defined membership criteria is attached to this petition and made a part of it. SEE APPENDIX----- A The membership consists of individuals who are descendants of the CREEK NATION which existed in aboriginal times, using and occuping this present georgraphical location alone, and in conjunction with other people since that time. - l - MNF-PFD-V001-D0002 Page 1of4 (4) Attached herewith and made a part of this petition is the present governing Constitution of THE FLORIDA TRIBE OF EASTERN CREEKS INDIANS. -
Reply Brief of Plaintiff-Appellant Oneida Nation
Case: 19-1981 Document: 45 Filed: 12/09/2019 Pages: 54 No. 19-1981 In the United States Court of Appeals for the Seventh Circuit ONEIDA NATION, Plaintiff-Appellant, v. VILLAGE OF HOBART, WISCONSIN, Defendant-Appellee. _______________________________________ Appeal from the United States District Court for the Eastern District of Wisconsin, No. 1:16-cv-01217-WCG. The Honorable William C. Griesbach, Judge Presiding. REPLY BRIEF OF PLAINTIFF-APPELLANT ONEIDA NATION ARLINDA F. LOCKLEAR (Counsel of Record) PAUL R. JACQUART 4113 Jenifer Street, NW JESSICA C. MEDERSON Washington, DC 20015 HANSEN REYNOLDS LLC (202) 237-0933 301 North Broadway, Suite 400 Milwaukee, WI 53202 JAMES R. BITTORF (414) 455-7676 KELLY M. MCANDREWS ONEIDA LAW OFFICE VANYA S. HOGEN N7210 Seminary Road WILLIAM A. SZOTKOWSKI P.O. Box 109 HOGEN ADAMS PLLC Oneida, WI 54155 1935 West County Rd. B2, Suite 460 (920) 869-4327 St. Paul, MN 55113 (651) 842-9100 Counsel for Plaintiff-Appellant COUNSEL PRESS ∙ (866) 703-9373 PRINTED ON RECYCLED PAPER Case: 19-1981 Document: 45 Filed: 12/09/2019 Pages: 54 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ........................................................................................................ iii ARGUMENT ..................................................................................................................................1 I. The Supreme Court has explicitly rejected the Village’s diminishment theory ......1 A. The Supreme Court has repeatedly construed the Dawes Act, and allotment of reservations thereunder, as leaving reservations intact............3 B. The Supreme Court has construed the Indian country statute to reject the Village’s distinction between non-Indian fee patents acquired from allottees and those acquired under a surplus lands act ............................................................................................................................9 C. The Supreme Court’s most recent case on reservation diminishment rejected the Village’s “extreme allotment” diminishment theory ...............12 II. -
Tribal and House District Boundaries
! ! ! ! ! ! ! ! Tribal Boundaries and Oklahoma House Boundaries ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 22 ! 18 ! ! ! ! ! ! ! 13 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 20 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 7 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Cimarron ! ! ! ! 14 ! ! ! ! ! ! ! ! ! ! ! ! ! ! 11 ! ! Texas ! ! Harper ! ! 4 ! ! ! ! ! ! ! ! ! ! ! n ! ! Beaver ! ! ! ! Ottawa ! ! ! ! Kay 9 o ! Woods ! ! ! ! Grant t ! 61 ! ! ! ! ! Nowata ! ! ! ! ! 37 ! ! ! g ! ! ! ! 7 ! 2 ! ! ! ! Alfalfa ! n ! ! ! ! ! 10 ! ! 27 i ! ! ! ! ! Craig ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! h ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 26 s ! ! Osage 25 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! a ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 6 ! ! ! ! ! ! ! ! ! ! ! ! ! ! Tribes ! ! ! ! ! ! ! ! ! ! ! ! ! ! 16 ! ! ! ! ! ! ! ! ! W ! ! ! ! ! ! ! ! 21 ! ! ! ! ! ! ! ! 58 ! ! ! ! ! ! ! ! ! ! ! ! ! ! 38 ! ! ! ! ! ! ! ! ! ! ! ! Tribes by House District ! 11 ! ! ! ! ! ! ! ! ! 1 Absentee Shawnee* ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Woodward ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 2 ! 36 ! Apache* ! ! ! 40 ! 17 ! ! ! 5 8 ! ! ! Rogers ! ! ! ! ! Garfield ! ! ! ! ! ! ! ! 1 40 ! ! ! ! ! 3 Noble ! ! ! Caddo* ! ! Major ! ! Delaware ! ! ! ! ! 4 ! ! ! ! ! Mayes ! ! Pawnee ! ! ! 19 ! ! 2 41 ! ! ! ! ! 9 ! 4 ! 74 ! ! ! Cherokee ! ! ! ! ! ! ! Ellis ! ! ! ! ! ! ! ! 41 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 72 ! ! ! ! ! 35 4 8 6 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 5 3 42 ! ! ! ! ! ! ! 77 -
Outline of United States Federal Indian Law and Policy
Outline of United States federal Indian law and policy The following outline is provided as an overview of and topical guide to United States federal Indian law and policy: Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes.[1] U.S. Supreme Court cases List of United States Supreme Court cases involving Indian tribes Citizenship Adoption Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) Adoptive Couple v. Baby Girl, 530 U.S. _ (2013) Tribal Ex parte Joins, 191 U.S. 93 (1903) Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) South Dakota v. Bourland, 508 U.S. 679 (1993) Civil rights Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) United States v. Wheeler, 435 U.S. 313 (1978) Congressional authority Ex parte Joins, 191 U.S. 93 (1903) White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980) California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) South Dakota v. Bourland, 508 U.S. 679 (1993) United States v. -
Challenge Bowl 2020
Notice: study guide will be updated after the December general election. Sponsored by the Muscogee (Creek) Nation Challenge Bowl 2020 High School Study Guide Sponsored by the Challenge Bowl 2020 Muscogee (Creek) Nation Table of Contents A Struggle To Survive ................................................................................................................................ 3-4 1. Muscogee History ......................................................................................................... 5-30 2. Muscogee Forced Removal ........................................................................................... 31-50 3. Muscogee Customs & Traditions .................................................................................. 51-62 4. Branches of Government .............................................................................................. 63-76 5. Muscogee Royalty ........................................................................................................ 77-79 6. Muscogee (Creek) Nation Seal ...................................................................................... 80-81 7. Belvin Hill Scholarship .................................................................................................. 82-83 8. Wilbur Chebon Gouge Honors Team ............................................................................. 84-85 9. Chronicles of Oklahoma ............................................................................................... 86-97 10. Legends & Stories ...................................................................................................... -
Strikes and Rural Unrest During the Second Spanish Republic (1931–1936): a Geographic Approach
sustainability Article Strikes and Rural Unrest during the Second Spanish Republic (1931–1936): A Geographic Approach Javier Puche 1,* and Carmen González Martínez 2 1 Faculty of Social and Human Sciences, University of Zaragoza, Ciudad Escolar s/n, 44003 Teruel, Spain 2 Faculty of Letters, University of Murcia, Campus de la Merced, 30071 Murcia, Spain; [email protected] * Correspondence: [email protected]; Tel.: +34-978-645-337 Received: 27 October 2018; Accepted: 17 December 2018; Published: 21 December 2018 Abstract: This article analyses the evolution and geographic distribution of the rural unrest that prevailed during the years of the Second Spanish Republic (1931–1936), a period characterised by political instability and social conflict. The number of provincial strikes recorded in the forestry and agricultural industries and complied by the Ministry of Labour and Social Welfare constitute the primary source of the study. Based on this information, maps of the regional and provincial distribution of the agricultural unrest have been created for the republican period. The results reveal that, contrary to the traditional belief which confines the rural unrest of this period to the geographic areas of the latifundios (large estates), Spanish agriculture, in all its diversity, was hit by collective disputes. Although the areas of the latifundios were most affected by the agricultural reform of 1932, the data show that the extension of the unrest in the Spanish countryside was also the result of the refusal of the landowners to accept and apply the new republican collective bargaining agreement. The number of strikes increased during the period 1931–1933, fell between 1934 and 1935, and increased again during the months of the Popular Front (February to July 1936). -
CHAIRMEN of SENATE STANDING COMMITTEES [Table 5-3] 1789–Present
CHAIRMEN OF SENATE STANDING COMMITTEES [Table 5-3] 1789–present INTRODUCTION The following is a list of chairmen of all standing Senate committees, as well as the chairmen of select and joint committees that were precursors to Senate committees. (Other special and select committees of the twentieth century appear in Table 5-4.) Current standing committees are highlighted in yellow. The names of chairmen were taken from the Congressional Directory from 1816–1991. Four standing committees were founded before 1816. They were the Joint Committee on ENROLLED BILLS (established 1789), the joint Committee on the LIBRARY (established 1806), the Committee to AUDIT AND CONTROL THE CONTINGENT EXPENSES OF THE SENATE (established 1807), and the Committee on ENGROSSED BILLS (established 1810). The names of the chairmen of these committees for the years before 1816 were taken from the Annals of Congress. This list also enumerates the dates of establishment and termination of each committee. These dates were taken from Walter Stubbs, Congressional Committees, 1789–1982: A Checklist (Westport, CT: Greenwood Press, 1985). There were eleven committees for which the dates of existence listed in Congressional Committees, 1789–1982 did not match the dates the committees were listed in the Congressional Directory. The committees are: ENGROSSED BILLS, ENROLLED BILLS, EXAMINE THE SEVERAL BRANCHES OF THE CIVIL SERVICE, Joint Committee on the LIBRARY OF CONGRESS, LIBRARY, PENSIONS, PUBLIC BUILDINGS AND GROUNDS, RETRENCHMENT, REVOLUTIONARY CLAIMS, ROADS AND CANALS, and the Select Committee to Revise the RULES of the Senate. For these committees, the dates are listed according to Congressional Committees, 1789– 1982, with a note next to the dates detailing the discrepancy. -
Ally, the Okla- Homa Story, (University of Oklahoma Press 1978), and Oklahoma: a History of Five Centuries (University of Oklahoma Press 1989)
Oklahoma History 750 The following information was excerpted from the work of Arrell Morgan Gibson, specifically, The Okla- homa Story, (University of Oklahoma Press 1978), and Oklahoma: A History of Five Centuries (University of Oklahoma Press 1989). Oklahoma: A History of the Sooner State (University of Oklahoma Press 1964) by Edwin C. McReynolds was also used, along with Muriel Wright’s A Guide to the Indian Tribes of Oklahoma (University of Oklahoma Press 1951), and Don G. Wyckoff’s Oklahoma Archeology: A 1981 Perspective (Uni- versity of Oklahoma, Archeological Survey 1981). • Additional information was provided by Jenk Jones Jr., Tulsa • David Hampton, Tulsa • Office of Archives and Records, Oklahoma Department of Librar- ies • Oklahoma Historical Society. Guide to Oklahoma Museums by David C. Hunt (University of Oklahoma Press, 1981) was used as a reference. 751 A Brief History of Oklahoma The Prehistoric Age Substantial evidence exists to demonstrate the first people were in Oklahoma approximately 11,000 years ago and more than 550 generations of Native Americans have lived here. More than 10,000 prehistoric sites are recorded for the state, and they are estimated to represent about 10 percent of the actual number, according to archaeologist Don G. Wyckoff. Some of these sites pertain to the lives of Oklahoma’s original settlers—the Wichita and Caddo, and perhaps such relative latecomers as the Kiowa Apache, Osage, Kiowa, and Comanche. All of these sites comprise an invaluable resource for learning about Oklahoma’s remarkable and diverse The Clovis people lived Native American heritage. in Oklahoma at the Given the distribution and ages of studies sites, Okla- homa was widely inhabited during prehistory. -
Chickasaw Ardmore
United States Department of the Interior Washingron, DC 20240 OFFICE OF THE SECRETARY OCT 1 5 2020 The Honorable Bill Anoatubby Governor, Chickasaw Nation Post Office Box 1548 Ada, Oklahoma 74821 Dear Governor Anoatubby: In 2016, the Chickasaw Nation of Oklahoma (Nation) submitted to the Bureau of Indian Affairs (BIA) an application to transfer into trust two parcels of lands, totaling approximately 61.63 acres and collectively known as the Kingston Property, near the City of Kingston, Marshall County, Oklahoma (Site) for gaming and other purposes.1 Nation also requested a determination of eligibility to conduct gaming on the Site. The Nation seeks to develop a casino-resort (Proposed Project). We have completed our review of the Nation's request and the documentation in the record. As discussed below, it is my determination that the Site will be transferred into trust for the benefit of the Nation pursuant to the Indian Reorganization Act, 25 U.S.C. § 5108. Once transferred into trust, the Nation may conduct gaming on the Site pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2719. Background The Nation historically occupied its homelands in what are today Mississippi, Alabama, Tennessee, and Kentucky. In 1832, following a series of land cessions, the Nation ultimately ceded the remainder of its lands in exchange for land west of the Mississippi River.2 The United States established the boundaries of the Nation's reservation in Oklahoma in the Treaty of 1855.3 In 1897, under the authority of the General Allotment Act, the Nation joined the Choctaw Nation in negotiations with the Dawes Commission. -
1934-1935 Obituary Record of Graduates of Yale University
'"'"JLJ'^:_-'i .j' *-*i7i in T.' "-. \ f .'/" ; Bulletin of Yale University New Haven 15 October 1935 Obituary Record of Graduates of Yale University Deceased during the Year BULLETIN OF YALE UNIVERSITY if Entered as second-class matter, August 30,1906, at the'post ^ office at New Haven, Conn,, under the Act of Congress ofJ July 16, 1894, Acceptance for mailing at the special rate of postage pro- vided for in Section 1103, Act of October 3, 1917, authonzed August 12, 1918. The BULLETIN, which is issued semimonthly, includes: 1. The University Catalogue. _ - - 2. The Reports of the President and Treasurer. s_ 3. The Catalogues of the several Schools. 4. The Alumni Directory and the Quinquennial Catalogue. 5. The Obituary Record. ; \ Bulletin of Yale University OBITUARY RECORD OF GRADUATES DECEASED DURING THE YEAR ENDING JULY i, 1935 INCLUDING THE RECORD OF A FEW WHO DIED PREVIOUSLY, HITHERTO UNREPORTED NUMBER 94 Thirty-second Series • Number Three New Haven • 15 October 1935 YALE UNIVERSITY OBITUARY RECORD* YALE COLLEGE Augustus Field Beard, B.A. 1857, Born May 11, 1833, in Norwalk, Conn. Died December 22,1934, in Norwalk, Conn. Father, Algernon Edwin Beard; a hat manufacturer and banker in South Norwalk; representative in State Legislature; son of Dr. Daniel Beard and Betsy (Field) Beard, of Oakham, Mass., and Stratford, Conn. Mother, Mary Esther (Mallory) Beard; daughter of Lewis and Ann (Seymour) Mallory, of Norwalk. Yale relatives include. James Beard (honorary M.A. 1754) (great-grandfather); and Dr. George M. Beard, *6i (cousin). Wilhston Academy. Entered with Class of 1856, joined Class of 1857 following year; on Spoon Committee; member Linoma, Sigma Delta, Kappa Sigma Theta, Alpha Delta Phi, and Scroll and Key.