-------------------------
Via Workers World News Service
Reprinted from the Jan. 30, 2003
issue of Workers World newspaper
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INDIAN TRUST FUND LAWSUIT: TIP OF THE ICEBERG

By Stephanie Hedgecoke

On Jan. 6, lawyers acting on behalf of over 300,000 Native Americans 
made a federal court filing of voluminous documentation showing that the 
U.S. government has stolen some $137.2 billion of Indian Trust Fund 
monies since 1887. Backed by massive proof, this is the single biggest 
lawsuit ever filed against the U.S. government for fiscal wrongdoing.

Elouise Cobell, a Blackfoot woman from Montana, filed the initial class 
action lawsuit in 1996. The United States thought the case would fail 
due to insufficient documentation. Since 1996, the Bureau of Indian 
Affairs and the Department of the Interior, which oversees the BIA, have 
systematically destroyed countless records of evidence. Hundreds more 
boxes of files were destroyed even after presiding Judge Royce Lamberth 
ordered them preserved.

Lamberth has sharply criticized the interior department's actions, but 
his criticisms have not had teeth. Washington is actively obstructing 
justice in this lawsuit.

Lamberth has held three Cabinet officers, under both Presidents George 
W. Bush and Bill Clinton, in contempt--but no one has actually been 
fined or jailed.

The Jan. 7 New York Times reported, "For generations Indians have 
complained of the theft of millions of dollars earned on tribal lands." 
The government has failed for decades "to offer detailed accounts of now 
much money has been raised from oil and mineral, timber and grazing 
leases."

The Dept. of the Interior still refuses to give a full accounting of the 
Indian Trust Fund. Enron's accounting shred-fests are small potatoes by 
comparison.

Native American Rights Fund attorney Keith Harper has said that the only 
possibility of fixing the trust is to strip oversight from the 
department of the interior and put it into outside receivership. This is 
one of the demands of the lawsuit.

ALLOTMENT, ASSIMILATION AND GENOCIDE

The trust fund was created in the 1887 Dawes Act, which ripped off 
almost 100 million acres of land--some two-thirds of the remaining 
Indian reservation system holdings.

Sen. Henry Dawes and other so-called "friends of the Indians" planned to 
forcibly assimilate Native people with the idea that private property 
ownership would "civilize" them. What Dawes said in 1885 is enlightening 
in this regard:

"The head chief told us that there was not a family in the whole Nation 
[Cherokee] that had not a home of its own. There was not a pauper in 
that Nation and the Nation did not owe a dollar. It built its own 
capital and it built its own schools and its hospitals. Yet the defect 
of the system was apparent . . . they own their land in common."

Dawes continued: "There is no selfishness, which is at the bottom of 
civilization. Till this people will consent to give up their lands, and 
divide them among their citizens so that each can own the land he 
cultivates, they will not make much more progress." (Phoenix: The 
Decline and Rebirth of the Indian People, William Coffer (aka Koi Hosh))

Allotment of Indian land dissolved many Indigenous-held land bases. 
Individual allotments were made so small that there would be substantial 
land left over to give to white settlers. This land theft was even 
glorified on Broadway in the Rodgers and Hammerstein musical "Oklahoma!"

Native families' homes and lands were confiscated by white swindlers in 
transactions based on Native people's lack of understanding of 
capitalist private property ownership. Trust fund money slated for 
education paid for building the infamous boarding schools, given over to 
churches to run--and Native children were kidnapped en masse to distant 
locations where their languages and cultures were systematically 
repressed.

Forced assimilation was a new wave of genocide. By 1900, the Native 
population living on reservations within the United Statets had shrunk 
to 237,000.

THEFT OF INDIAN LAND STILL GOES ON

Some non-Native commentators and government officials have complained 
that they do not want their taxpayer dollars spent to settle this 
lawsuit. But as President Tex Hall of the National Congress of American 
Indians says: "This isn't taxpayer money. This is our money that the 
government took, and they have to give it back."

As large a sum as is documented in this lawsuit, it is only the tip of 
the iceberg of what is owed to Native nations by the U.S. government--
for past and ongoing theft of lands and resources, the continued poverty 
of Native people, and the devastation of Native nations.

Ultimately, Native nations need to be able to control their own lands 
and resources. Until then, government corruption will be inevitable. n

- END -

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