And now:Ish <[EMAIL PROTECTED]> writes:

Date: Mon, 19 Jul 1999 19:14:05 -0500
From: [EMAIL PROTECTED]
Subject: Tensions building on reservation 

Tensions building on reservation 

Updated 12:22:12 AM Monday, July 19, 1999

Tribal leaders say the Potawatomi Reservation is a sovereign state. But
non-Indian reservation dwellers are tense about tribal enforcement of a new
ordinance controlling dogs.

By Deb Gruver

Journal-World Writer

Mayetta -- White residents of the Potawatomi Reservation near here are
bucking the tribe's enforcement of a recently enacted ordinance controlling
dogs and say tribal laws shouldn't apply to them.

A state legislator from the area says she fears violence might soon erupt
if tensions between Potawatomi and whites aren't quelled.

But tribal leaders say state Rep. Becky Hutchins, R-Holton, is a fearmonger
doing more to fan the flames of discontent than to promote friendly relations.

At a recent meeting at the Jackson County Courthouse, organized and
moderated by Hutchins, non-Indians who live on the reservation angrily
squawked about Potawatomi enforcement of tribal laws, saying the Indians
aren't entitled to do so except when dealing with fellow tribal members. 

If the tribe doesn't back off, "there'll be bloodshed," one angry white
resident of the reservation told Hutchins at the June 30 meeting.

Potawatomi leaders insist that the reservation is a sovereign state and
that their rules apply to anyone within reservation boundaries.

"The whole bottom line is jurisdiction, who has it and who doesn't," said
Mamie Rupnicki, chairwoman of the tribal council.

Among the disputed ordinances: A recently enacted requirement that
reservation dog owners buy tags issued by the tribe for their pets.

Ilene Dick and her husband, Ronald, aren't tribal members, but they have
lived on the reservation 33 years. Ilene Dick says they enjoyed good
relations with their Potawatomi neighbors until the tribe recently became
more aggressive in assertion of its sovereignty.

Ilene Dick admitted need for a dog ordinance to control strays and canine
packs. But she worries about being forced to comply with laws she has no
voice in shaping.

"We have a right to vote for our county, state and federal officials, and
so do the tribal members. But we do not have a right to vote for tribal
leaders or anything like that. It seems unusual we need to follow their
laws," she said. 

But the tribe's attorney said non-Indians are complaining because the shoe
now is on the other foot.

"Indians have been subjected to the laws of non-Indians for hundreds of
years," David Prager said.

The tribe, Prager insists, has complete jurisdiction over civil matters
within reservation boundaries and concurrent jurisdiction with state and
county law enforcers over criminal matters.

On July 13, Hutchins sent a letter to Kansas Atty. Gen. Carla Stovall
asking whether tribal police can enforce traffic laws against non-Indians,
such as issuing speeding tickets on U.S. Highway 75, which crosses the
reservation. She said she also is drafting questions about the animal
ordinance and other issues people are talking about in her district.
Stovall hasn't responded yet.

Hutchins, a homemaker with a degree in psychology, admits she doesn't know
everything about the sovereignty issue. But she's certain that the
Potawatomi Reservation is "not like Japan sitting out here in the middle of
Jackson County." 

Tribal Chairwoman Rupnicki said those who don't like the tribe's rules
should move.

"We're acting on what is rightfully ours as a government," she said.

"It is going to take litigation, and it probably will take federal
legislation," Hutchins said, before the disputes over jurisdiction are
resolved.

Being neighbors

Vestina Nonken, 71-year-old vice chairwoman of the tribal council, said
she's lived her whole life in Jackson County and always has been involved
in the community on and off the reservation.

She is current president of the Jackson County Economic Development Corp.
and also serves on the local chamber of commerce board.

If there's violence, she said, it won't come from the Potawatomis.

"They might have called us savages long ago," she said. "But we're not that
way."

She accused Hutchins of escalating tensions.

What's bothering whites

The animal ordinance is only one concern voiced by non-tribal residents.
They also are worried about stiffer regulation of fences and noxious weeds.
The tribe also recently printed 2,000 Prairie Band license plates and are
issuing them to replace state tags on vehicles.

Jackson County Commissioner Ellen Schirmer said she was distressed at the
angry tone of the courthouse meeting. 

"I was rolling my eyes and thinking we're back to square one," she said.
"Because we have been doing a lot of cooperating."

Schirmer said she never really paid much attention to the boundaries of the
reservation, thinking of Jackson County as one community. But since the
Potawatomis began raking in money from a new casino, they've been testing
their clout more.

"Now that they have an income from the casino," Schirmer said, "they're
trying to maybe feel their way to see how much jurisdiction and power they
do have."

The tribe's casino has been good for the tribe and the community as a
whole, Nonken said, because its created jobs closer to home for tribal
members and non-Indians.

"We've never had the opportunities we have now," she said.

But Schirmer says the casino also has created costs for county. 

"If there's an accident," she said, "our ambulance goes. If there's a
problem and someone's arrested, our jail houses them. There is an impact." 

Hutchins says she hopes everyone will come together.

"In an ideal world, we would all sit down and work out our differences,"
she said. "But I think there might be a few key people who may be a
stumbling block."

-- Deb Gruver's phone message number is 832-7165. Her e-mail address is
[EMAIL PROTECTED]

Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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