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We Want What Is Rightfully Ours: an Examination of Selected Legal Issues in the Modern History of the Omaha Tribe of Nebraska 1945-1995

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We Want What Is Rightfully Ours: an Examination of Selected Legal Issues in the Modern History of the Omaha Tribe of Nebraska 1945-1995 University of Nebraska at Omaha DigitalCommons@UNO Student Work 12-1-1995 We want what is rightfully ours: An examination of selected legal issues in the modern history of the Omaha Tribe of Nebraska 1945-1995 Mark R. Scherer University of Nebraska at Omaha Follow this and additional works at: https://digitalcommons.unomaha.edu/studentwork Recommended Citation Scherer, Mark R., "We want what is rightfully ours: An examination of selected legal issues in the modern history of the Omaha Tribe of Nebraska 1945-1995" (1995). Student Work. 505. https://digitalcommons.unomaha.edu/studentwork/505 This Thesis is brought to you for free and open access by DigitalCommons@UNO. It has been accepted for inclusion in Student Work by an authorized administrator of DigitalCommons@UNO. For more information, please contact [email protected]. "WE WANT WHAT IS RIGHTFULLY OURS." AN EXAMINATION OF SELECTED LEGAL ISSUES IN THE MODERN HISTORY OF THE OMAHA TRIBE OF NEBRASKA 1945 - 1995 A Thesis Presented to the Department of History and the Faculty of the Graduate College University of Nebraska In Partial Fulfillment of the Requirements for the Degree Master of Arts University of Nebraska at Omaha by Mark R. Scherer December 1995 UMI Number: EP73143 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI EP73143 Published by ProQuest LLC (2015). Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code ProQuest' — cr^ ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 THESIS ACCEPTANCE Acceptance for the faculty of the Graduate College, University of Nebraska, in partial fulfillment of the requirements for the degree Master of Arts, University of Nebraska at Omaha. Committee > 4 r -. \2- Name Department Chairperson f & ABSTRACT The ebb and flow of federal Indian poliGy over the last two centuries is a well-studied phenomenon. Less prevalent, however, arc examinations of the localized impact of changing policies on specific tribes and reservations. The Omaha Tribe of Nebraska offers a particularly useful model for this type of "grass roots" analysis. Virtually all of the federal programs tested on the Omahas in the nineteenth and early twentieth centuries were dismal failures, leaving the tribe impoverished and virtually landless as it entered the post-World War II era. Over the last fifty years, the Omaha Reservation has continued to serve as an involuntary proving ground for new directions in Indian policy. During this period, however, tribal members have begun to flex a new-found prowess as "legal warriors." By using the federal courts and other available forums, the Omahas have shed their historic roles as helpless victims of misguided "reformers" and rapacious "land sharks." In the 1950s, the Omaha Reservation became a prominent example of the bureaucratic folly inherent in the passage of Public Law 280. This termination-era statute transferred reservation criminal jurisdiction from the federal government to state and local authorities. When inadequate state service led to lawless chaos on the reservation, the Omahas became the first tribe in the PL 2 80 states to seek and obtain "retrocession" of federal jurisdiction. Likewise, the Omahas played a leading role in the annals of the controversial Indian Claims Commission (ICC) during the 1950s and 60s. An analysis of the two claims they prosecuted before the Commission illustrates the intricacies of the ICC process, and the impact of its operations on a specific tribe. Their landmark compromise with the government after years of complex litigation laid the procedural foundation for many other ICC settlements. In the 197 0s and 80s, the Omahas continued their quest for self-preservation on the judicial battlefield. Their partially-successful struggle for the return of the Blackbird Bend lands in Iowa is one of the more important Indian land claims of the modern era. The story of that litigation exposes a number of important issues in current Indian relations, including the dubious role of the federal government as the continuing "trustee" of Indian lands. This thesis traces these episodes in the modern "legal history" of the Omaha Tribe. It suggests the manner in which the Omahas' experiences reflect the impact of broader trends in federal Indian policy. Just as importantly, it seeks to demonstrate the remarkable cultural resiliency of the Omaha Tribe as its moves forward to meet the challenges of the twenty-first century. ACKNOWLEDGMENTS Although any errors of fact or interpretation in this thesis are wholly my own, a great number of other people deserve credit for whatever merit it may possess. My deepest appreciation goes to my committee chairman, mentor, and friend, Dr. Michael Tate. His skills as a teacher, writer and editor are exceeded only by his deft touch around the green. In addition, his bibliography on the Omaha Tribe is the definitive starting point for all research related to the Omahas. Many of the resources used in this project would likely have gone untapped were it not for that invaluable guide. Special thanks also to Dr. Jerold Simmons, not only for his valuable service as a member of my committee, but also for his continuing encouragement and much-needed guidance on other projects as well. Dr. Charles Gildersleeve of the UNO Geography Department also served graciously on my committee, and deserves many thanks for absorbing this lengthy material in a short time, and adding his own important insight to the final product. The staff of the Federal Records Center in Kansas City, particularly archivists Michael Brodhead and Clara Rowland, were most helpful during my work at their facility. Similarly, archivist Dennis Bilger of the Harry S. Truman Presidential Library in Independence, Missouri went out of his way to help me retrieve valuable materials from the Dillon Myer and Phileo Nash papers on deposit there. Special thanks also to Martha Hoch, Deputy Clerk in Charge at the Federal District Court for the Northern District of Iowa in Sioux City, who was extremely generous with both her time and her files in helping me piece together the story of the Blackbird Bend litigation. Omaha tribal member and former Tribal Judge Ed Zendejas indulged my requests for interviews, and offered important personal perspectives on past and current issues confronting the tribe. Thanks also to Judy Boughter, who "forged the path" for this study with her remarkable synthesis of the Omahas' history during the eighteenth and nineteenth centuries, and kindly shared many of her research materials with me. Like Judy, I am also grateful to the University of Nebraska Foundation for the Presidential Fellowship which allowed me to focus on this project in relatively uninterrupted bliss. All of the faculty and staff in the UNO History Department have been wonderful to me during my years there, with special thanks to Jo Headrick and my old "roomie" Ann Tschetter for their warmth, humor, and support. My deepest and most personal thanks go to my family. My parents and in-laws have given me unflagging encouragement throughout this project. My sons Ben, Eric, and Philip have always been available to remind me of the things that are most important in life, and to divert me with the sports and other activities we enjoy. Finally, to my wife and best friend, Lisa, I will always be grateful for your patience and understanding during what must be the longest career transition in recorded history. Your skills as a teacher and scholar have been an inspiration for my work, and your love and support have quite literally made this effort possible. TABLE OF CONTENTS List of Illustrations... 4 ........................... ix List of Maps............................................ xi Introduction.............. ............................... 1 1. The Arrival of Public Law 28 0 on the Omaha Reservation, 1946-1953.................. 8 2. Public Law 280 In Operation on the Omaha Reservation, and the Battle Over Retrocession, 1953-1970.................. 44 3. The Omaha Experience In the Indian Claims Commission — Case 225, 1951-1964..... 86 4. Round Two Before the Indian Claims Commission — Case 138, 1951-1966........ 133 5. The Battle of Blackbird Bend, 1966-1995....... 174 Conclusion. .................................. 229 Appendix House Concurrent Resolution 108 — 1953......... 234 Public Law 83-280 — 1953............... 235 Omaha Tribal Resolution 69-33 — 1969.............. 237 Nebraska Legislative Resolution No. 37 — 1969.... 238 Federal Acceptance of Omaha Retrocession — 1970... 239 Nebraska Legislative Resolution No. 16 — 1971.... 240 Bibliography............................ 241 viii ILLUSTRATIONS Figure 1 Data re: Reservation Law and Order................. 23 Figure 2 Prosecution of Indians, Thurston County, 1946-48.................. .............. ............ 35 Figure 3 Appraisal of 1854 Omaha Cession, ICC Docket 225...................................... 106 Figure 4 Photo and caption re: ICC judgment funds........... 115 Figure 5 Photo and caption re: ICC judgment funds........... 117 Figure 6 Photo and caption re: ICC judgment funds........... 118 Figure
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