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Show Ute Tribe responds to current series on reservation jurisdiction Edttar'a Note: This ia the Bftk in a aeriaa ( article! ia an effort by the Standard to provide current and background information on the reaer-vatio- n Jnriadiction iama luring Utah and manither western Uteu. Following ia a reapoaao from the triho, which waa reqneated by the Standard in an effort to provide both ddea of the bane. Thia reapoaao waa dfrectedte the Uintah Bash Standard from Loater M. Chapooae, Sr., an of the Ute tribal bnaineao In response to your request that the Ute Tribe supply input for your series on Indian reservation jurisdiction, we submit the following: The Ute Tribe's Law and Order Code has been adopted by the Tribe's Business Committee pursuant to the Tribe's inherent sovereign powers. Its basic purpose is to provide the Tribe with an effective means of protecting itself and its members from the improper and illegal acts of those few persons, Indians s, as well as who have, in the as a past, treated the reservation s land" on which offenses against Indians eould be committed without any real fear of punishment Contrary to a recent decision of the Utah Supreme Court the existence of the Ute Indian Tribe and its Uintah and Ouray Reservation is not subject to serious question. The existence of the Tribe as a governmental organization has been recognized and formally sanctioned by the Federal Government since long prior to the date the Tribe's Constitution and Bylaws were adopted in 1937. Such recognition continues to this day. As recently as 1972, the United States Supreme Court has stated that there can "be no dispute as to the Continuing existence of the Uintah and . Ouray Reservation. Given this situation, the question of the powers and jurisdiction of the Ute Tribe within the Uintah and Ouray Reservation becomes crucial. The U. S. Supreme Court has long recognized that Indian tribes and nations possess recognized, although somewhat limited, sovereign governmental powers. They exist not as States, not as nations, not as possessed of the full attributes of sovereignty, but as a separate people, with the . power of regulating their internal and social relations, and thus far not brought under the laws of the Union or of the State within whose limits they resided," Indian Reorganization Act which, among other things, provided that the various. Indian tribes could organize under Federally approved constitutions. In 1937, the Ute Tribe adopted such a constitution, and it received the approval of the Secretary of the Interior. Article I of that document provides that the jurisdiction of the Tribe shall extend to the territory within the original confines of the Tribe's reservation. Article VI defines the powers of the Tribal Business Committee which is established as the governing body of the Tribe. Included in the powers of the Tribal Business Committee are the powers to enact resolutions and ordinances to provide for the maintenance of law and order and the administration of justice by. establishing a reservation Indian court and defining its duties and powers. The Ute Tribe's recently enacted Law and Order Code has been created and enacted pursuant to these powers. The Preamble to the Code states its purpose: "This Law and Order Code for the Ute Indian Tribe of the Uintah and Ouray non-Indian- "no-man'- is established Reservation for the purposes of strengthening Tribal providing for the judicial needs of the Reservation, and thereby assuring the maintenance of. law and order on the Reservation. A great deal of apprehension and misapprehension has arisen as a result of the enactment of this .Code. The community of the Uintah Basin has reacted with shock and dismay to what they incorrectly perceive as a "power grab by the Ute Tribe. The focus of the worry seems to center on the fact as that the Code states that well as Indians' are now subject to the civil and criminal jurisdiction of the Ute Tribal Courts. An important limitation on this grant of jurisdiction over is frequently overlooked. The Code expressly provides that the Ute Tribal Courts shall not assume jurisdiction over any matter which does not involve either the Ute Tribe, its officers, employees, property, enterprises, or members or other Tribal Indians on the Reservation. The scope of this exception is substantial Hie courts of the Ute Tribe have no interest in and will not assume jurisdiction over the great majority of disputes in the Uintah Basin which and their involve only non-India- Hsu Roosevelt elementary 2nd grade students recently spent time with Mayor Hollis Hullinger at the dty office visiting and asking questions and taking a tour of the facilities. Following the visit students under the direction of their teacher, Jean Eldredge wrote letters thanking the mayor for the time spent with them and sending pictures depicting events that made an impression. Some comments made by students in their letters were, Dear Mr. Hullinger, thank you for the park and all the other stuff you made for us and I'm glad that you are a Mayor. I liked your park. We stopped at the park and had fun." Dear Mr. Hullinger thank you for telling us to pick up the yard and thank you for a park. Dear Mr. Hullinger thank you for letting us come and see your offices. Mr. Hullinger thank you for building the park for us. We cleaned the park, Dear Mr. Hullinger, thank you for telling us about out city and we like our park and for our blacktop and our streets and for our nice' dean water to drink and for telling us about the dogs. Many other comments with pictures followed the same theme. The mayor commented on the fact that almost all of the letters contained thoughts about the park and that most pictures included scenes of the park. of thia exception should not, however, be allowed to obscure the scope of application of the Tribes jurisdiction The Tribe has and will over who continue to arrest commit crimes against the Tribe or its members or who violate the fishing hunting, traffic, and other rules am regulations of the Tribe. Hie reason why the Tribe has decided to begin exercising its jurisdiction in this manner should be dear. For many years the Tribe has had to rely on local for offenses prosecution of committed against the Tribe or its members. This prosecution has proven non-India- non-India- non-India- to be unsatisfactory at best and for the most part Violations of Tribal fish and game regulations by have been essentially ignored by Federal officials who should be exercising jurisdiction. Prosecution under state law has been likewise lacking. Basically, the Ute Tribe desires only to protect itself, its property, and its members from lawbreakers regardless of their race. No power is more essential to the regulation of internal and social relations than the power to effectively maintain law and order and to protect non-existe- non-India- Roosevelt City council news one's self. The Tribal courts of the Ute Tribe are folly capable of dispensing fair and equal These courts are justice to founded on principles of equal protection Decisions and news of the Roosevelt and due process of the laws and operate Council this week indudes a meeting City used in the under rules paralleling those to dismiss the Ballard sewer with Golden state and Federal courts. The Indian Collins, Arvin Cook, and Wes judges are assisted in trial work by Ercanbrack, and some of the inconlawyer-traine- d who judge veniences of the sewer construction. The basis. A Tribal serves on a put-tim- e main line and the service lines have been court to hear exists appeals appellate broken several times and much water from the Tribal court Once Tribal was lost Doug Jensen said the contractor individual an remedies are exhausted, and directed Ballard to has a right to petition the Federal Court loss to the contractor,; bill for nd the a keen' for relief if he feels lib rights$e was to make ,an GoldawTCollina iialso violated fer I inspection oF all connections. It was Hie jurisdictional rules of the Tribe decided at the meeting that the (civil) cases as wefi. apply to If the interests of the Tribe or its contractor will be directed to spray the roads to curb dust and to eliminate the members are involved, then jurisdiction busing problem Mr.. Cook suggested lies in the Tribal courts. The U. S. road by the east of Supreme Court has recently reaffirmed a making a temporary lines for school bus to service the the pole effect to the that the prior holding blocked off authority of Indian tribal courts could the homes that have been from route. the insofar regular the as over extend A concern of Mr. Ercanbrack was of matter involved a transaction mi a ditch being full of mud and when the A U. reservation with an Indian. recent cleaning the ditch that the grass on the S. Circuit Court of Appeals decision has banks not be disturbed. The contractor recognized that such jurisdiction extends expressed confidence that he could dean to criminal matters as welL it out after removing the large blockage A strong Tribal court system will with a backhoe. Mr. Ercanbrack b to enforcement greatly improve the law work with the contractor for best results. climate on the reservation. No law Mr. Cod: was concerned with the water enforcement situation can be said to be sprinklers pivoting over the road which effective or satisfactory when a substant-tia- l he stated was a county road and b back member of offenses go unpunished and' a substantial segment of the on county maintenance, located I1 miles south of the Ballard Church. The Mayor, population is inadequately protected. By dosing the loophole which has long Mr. Cook and Doug are to get together concerning the relocation of the passage. existed regarding crimes against Indians It was the deebion of the council to the Ute Code makes a by the bid from L&L Motor (the only accept needed and to contribution the positive bid received), for the two ton dump truck legal climate of the area. The Ute Tribe sincerely hopes that a with snow plow in compliance with spirit of cooperation can replace the air of specifications for $15,581.00. It was also distrust which presently exists and that decided by the council to approve Merrill the entire population of the Uintah Basin, Bertoeh causing to be made a 1300 ft n both Indian and string of lights and the purchase of five alike, can to create a better living pole hanging ornaments. . work together Other decisions this week was to environment. s. non-India- n, : . al non-India- ' non-Indian-s, non-India- authorize Merrill Bertoeh to start construction of the addition to the Civic building for the ambulance garage. It was non-Indi- also Ife. Old Item, to approve decided Mrs. Zells Gardner passed away at the home of her daughter, Mrs. Ray Jensen, November 1. Funeral services were held November 6 in Vernal and she Bernell Buchanan's attending the Utah Association of plumbers November 11, 12 and 13 at St. George. DEAR Hollis Hullinger and Jean Eldredge, a 2nd grade teacher at Roosevelt elementary school look over pictures and letters the Mayor received after the students visited him at his office recently. . I By Csaais 1st me i Visitors at the home of Mr. and Mrs. El wood Carter these past weeks were Aha Hone, Mr. and Mrs. Scott Carter and family and Mr. and Mrs. Robert Carter and iamily all of Pleasant Grove, Mr. and Mrs. Nel Christoferson of Provo and Janeal Smith and five children; Mr. and Mrs. Bob Carter and family, Mr. and Mrs. Elwood M. Carter and Julie Byron all of Orem, Mr. and Mrs. Vern Garter and iamily, Mr. and Mrs. Knute Carter, Mr. and Mrs. Newall Carter all of Salt Lake, Mr. and Mrs. Leslie Gibs and 8 children of Lakeshore, Utah. o Visitors at the home of Mrs. Minnie Hamilton last weekend were Mr. and Mrs. Sylvan Lewis and family of Moab, Mr. and Mrs. Colin Hamilton and family, Mr. and Mrs. Jimmy France and family, Mr. and Mrs. Calvin Howard and Bonnie Garritsen all of Salt Lake, e Mr. and Mrs. Clifford Roberts are new grandparents again. New first time parents are Mr. and Mrs. John Roberts. The new baby son arrived Nov. 8, at Heber Valley Hospital and weighed in at 8 lbs. 2 ox. Other grandparents are Mr. Mrs. Francis Barton of Monticello. Mr, and Mrs. Ralph Smith attended a tempfo marriage in Salt Lake for Ralph! nephew Kevin Tracy last Friday. Visitors at the home of Mr. and Mrs. Lionel Webb were Mr. and Mrs. Foster Rhoades and Mr. and Mrs. Gene Rhoades all of Orem. May is Violet's sister and Emma Rhoades is her mother. e There was one baby named at sacrament meeting last Sunday. The baby daughter of Mr. and Mrs. Robert Parks was bkssed by her father and given the name of Amber Dawn Parks, e Relief Society Stake Leadership was held this Thursday with a large jroup going from Tabiona ward, e Visitors at the home 4 Mr. and Mrs. Burnell Turnbow last weekend were Parley Turnbow and girl friend, Mr. and Mrs. Richard Turnbow and boy and Reid Turnbow all of Salt Lake, e Mrs. Ua Smith of American Fork went home this Tuesday after a two and a half week stay at the home of Mr. and Mrs. Ray Lee. She is Ray's sister. Also going home after a ten day visit was Major Bill Smith of Elpaso, Texas, e Mr. and Mrs. Steve Ogden returned Tuesday from a ten day trip to Tahiti and came out to get their children who had been staying with Tonis parents, Mr. and Mrs. Thomas Fabrizio. They report having a wonderful time. Mr. Jack Fitzwater of Salt Lake and Mr. Acel Muse of Price visited Mr. and Mrs. Brent Lee and family last weekend and went deer hunting. A lovely party was held in Duchesne at the DUP building by the Forest Service for Sheril Goodrich. He has been transferred to Nevada. o . Uintah Dasin Sandblasting and Commercial Sandblasting Portable Unit 24 hr. service Specials November 1 1 12, 13 Chilirsr 2-- 99 .09 Dooff StotjSE 6roon Doans Tomato JuicoIE".'"' Dog FoodiE... 595 ...49c 4-- ....: 09 .....55 Poors, JoicoSr'.'1. .55 RaguEr Poanufl Donor ..1M I35 I HopUBS ElodossSrr. I25 209 ......7 lidsELTSft- ?Eton Food SamnosKXit. .63 Danquof BinnorslE'. .57 Danquot Dinnors.!?:...J7 Razors SSL. I05 Toothpaste 243 Dry Goods 99 VaniiiN, Double Kniftfe?; W I59 T4s Meat Department Steaks T HEEtE I39 Free Estimates SAVE 2 Big 44)1 Popper 722-447- 8 Roosevelt, Utah r.1099 JkXJ KQ99 bnbimi wru MdhnHorln Marl hsn mi itset mill bawl ip and pns tiny... IMta, w.i'k'. him 4 Ha Nelson Agency Main Street 722-246-3 Warda finest peed Mixer with Dough Hooka l . iu Dananasrr. 12-- 4 win Made ftw War Hd Squash Sr: Cranberries Grapefruit"??. SAVE 5 tauniw. IW.WMn.1 tWinnwn Call Stove Wall SAVE 1 Hamburger Maker BroiU Burger in Better-U- tbthneiher mtr. Pipe, Tank Batteries, Tanks, Trucks, Rigs 54 60 Produce Department "Some politiciwu sere an contortionists: they can straddle a fence whRe keeping an ear to the ground. If you I'm so much, don't stop drinking going to kill myself." Meekly, the husband replied, Promises, promises. screamed at him, 722-513- 1 TABIOMA Promises, Promises Oil Field Phone news Items to or keys T urkoy s 5.17 The husband came home drunk pgain His wife couldnt stand it. . was buried in Neola. Mr. and Mrs. Don Mecham and family spent the weekend in Baggs with Mr. and Mrs. Dusty Mecham. Dusty was put in as branch president e Tammie and Jerilee Jensen, Logan spent the weekend with their parents, Mr. and Mrs. Ray Jensen, e Mrs. Lynn Labrum hooted a miscellaneous shower for Kathy Labrum. Games were played and a dessert luncheon was served. The bride-elec- t received many beautiful and useful gifts. MAYOR-May- or non-India- She Dean Frssi NEOIA Second grade students visit Roosevelt Mayor non-India- property. Hie extent November 11, 1976 STANDARD 6 35 10w95 15 4Q99 h Umi s swntridbdaminf heuthemnare 0 Hwwl dnnqb banbo hared hmyi bread hnahi msbitbd tearbeatI w stmadantnanglsea I'i qt ql in HHIH dnan life Hm -- Phone 738-245- 1 - Duchesne Phone Orders Welcome - Free town delivery before 5:00 p.m. |