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Show I f I UINTAH BASIN STANDARD. MIXED BLOODS continued from page 1 Act that disbanded 11 of the tribes. Only the Utes terminated mixed-blood- s while keeping the tribal organization intact, Gard- ner claims. He and his family are seeking not only Roger's freedom, but an overturn of the Termination Act itself. The Federal Government repealed the 58 blood ratio, Gard- - tribe. The Gardners cite this case as the basis for their jurisdictional argument, since other cases have established that no jurisdiction over Indians on the reservation. Congressional Record states that In at least 20 states with substantia Indian populations, the courts decision in Duro vs. Reinal has created a jurisdictional void in which neither a tribe, a state, or the federal government is exercising jurisdiction over crimes committed bv Wage growth of Utah government workers . "Wages of government workers in Utah have grown 20 percent faster than wages of workers in the private sector during the last ten years, according to Howard Headlee, spokesman for the Utah Taxpayers Association. In 1990 the average state, local, educational, and federal government worker in Utah received a 4.3 percent increase in wages while the non-trib- al ...Unless Congress acts to fill this jurisdictional void, those who identify MOON LAKE themselves as Indian, and are recognized under Federal Law as lndian...know there is no governmental entity that has the jurisdiction to prosecute them for their criminal acts." Congressional Record, 1990. ner claims, but the Ute Tribe continues to use it. (The 58 ratio is the minimum blood quantum required to remain on Ute Tribal rolls, and 'was the basis of the termination ruling.) Court records in Gardners defense indicate It is undisputed that defendant Gardner has sufficient Indian blood to be considered an Indian under the test set forth in State vs. Hamm. (The case cited was tried in the Utah court of Appeals, and indicates that a Indian that functions within the society of an Indian tribe is considered an Indian under specific conditions, including criminal misdemeanor cases.) But in circuit and district court, judges ruled that Gardner is not an enrolled member of the tribe and should therefore not be tried as an Indian. The issue of jurisdiction over mixed bloods is not new; several cases have been brought to court, with different rulings. According to American Jurisprudence," a manual of state and federal law interpretation, indications are that a mixed blood, once terminated, is subject to state and federal laws that govern Indians non-enroll- only. Further, states a defense in U.S. Claims Court, Racially terminated Utes are the only citizens in America who are subject to laws of a tribe in which they have no membership, and a Utah corporation in which they have no interest. A Supreme Court case known as Duro vs. Reina. reverses 200 years of the exercise by tribes of criminal misdemeanor jurisdiction over all Indians (on tribal lands) that are not members of the The bandwagon is starting to load up. As we continue our emphasis towards the strategic planning and implementation group of Basin West 2000 it seems that more and more people and groups are enthusiastic about jumping aboard. Its hard to think that just a few short weeks ago I was pondering what it would take to bring about an effort for change in our area. One thing I knew was true. If people in a community decide they want something bad enough they will find a way to make it happen. One small demonstration was the effort that was made by this area to pass House Bill 110. As I looked around I couldn't see what was next on the horizon. Was there a strategic economic development plan that would take us into the next decade? No. Is it reasonable to put one forth? Why, of course! Its beyond reason- its approaching thB imperative. Every time that we plan to move in a particular direction or to apply for funding on a designated project the question is asked; where does this fit in with our total strategic plan. Agencies that fund either by grant or loan want to know that they are a part of a project that has long term member Indians in Indian country." With the courts ruling, the traditional pattern of jurisdiction has been altered, and unless Congress acts to fill this jurisdictional void, those who identify themselves as Indians and are recognized under federal law as Indians, may come onto an Indian reservation, commit a criminal misdemeanor, and know that there is no governmental entity that has the jurisdiction to prosecute them for their criminal acts, Congressional record warns. Congress is expected to pass a conditional reversal of the Duro vs. Reina decision, says Citizens Equal Rights Alliance, an organization based on the protection of citizens rights. The reversal will probably include a new description of who qualifies as an Indian, claims CERA; The description will likely include members of Indian descent who engage in tribal activities, support tribal actions, etc. It is likely to raise a new array of lawsuits. two-ye- non-trib- ar our economic development chairman Bth West caught the vision of what prodigious things could happen. As he began to run with the idea several players joined with us, not the least of which is Moon Lake Electric. As we looked for a way to facilitate what we were doing we had outside offers of help, but we must have picked the opportune moment as Moon Lake spoke up with offers of assist. But you need to understand that this is mare than just an offer of help. They have said that they want to be in the forefront. People like Grant Earl and Russ Cowan who desire the very best far their constituents. People who realize that strong economic development will benefit all of the people ' they serve. Now this infant project is under way and the only thing that can hinder its1 success is apathy. As we put together a relocation package for a company interested jn our area the last two weeks I was impressed by the input from the coalition we hod enlisted. Once again Beverly Evans made a herculean T.V. s, six-mon- th May 1988. effort. Mark Rose, UBATC Superintendent, gave us excellent assistance and professional support. Gordon Snow, Paul Nielson, Martin Brother-soRuss Cowan, Chad Bellon, and Carole Scott, UBAG board chairman, n, were also very instrumental and critical to the board based effort that was presented to the company. Now we hope the future news from this effort will be positive. If nothing else it made the Btate sit up and take notice. 722-209- 5 Call Movie Hotline for Movie Starting Friday. 722-209- 5 UINTAH THEATRE! Call Movie Hotline for Movie Starting Friday. 722-209- 5 7:30 One Show Only No Show on Sunday of wages compared to the fifty Btate average of 22.8 percent. Utahs government worker benefit package is only exceeded by New York 29.5 percent, Pennsylvania 29.2 percent, Connecticut 27.6 percent and Maryland 27.4 percent Comparative benefit levels for neighboring states are: New Mexico 17.3 percent, Colorado 18.9 percent, Arizona 19.3 percent, Idaho 19.5 percent, Wyoming 23 percent and Nevada 23.5 percent. "Everyone recognizes that overall, Mattress on SALE! SOFA S Navy Petty Officer 3rd Class Joseph M. Fox, son of W. David Schorr, Roosevelt, recently departed for a deployment Fox, stationed aboard the amphibious assault ship USS Saipan, homeported in Norfolk, VA, will participate in routine training missions in the Mediterranean. Die 1987 graduate of Union High School joined the Navy in Call Movie Hotline for Movie Starting Friday. receive benefits equal to 269 percent All Furniture, Appliances, Fox departs for training One Show Sunday 7:30 that Utah government workers NIELSEN'S al able, implications and a reasonable opportunity for success. With all of these realities in mind continued from page 1 apply to those water heaters that meet Moon Lakes specifications. Members can call their nearest office for a list of participating dealers along with specifications and other details of this program. Ground source heat pumps have demonstrated to be an extremely reliable and energy efficient heating and cooling systems. This second rebate program for ground source heat pumps will be most beneficial to the home owner who is considering a change in their home's heating and cooling system or to the new home builder, stated Earl. A successful rebateinstallation program will be one where the homeowner and the cooperative work closely together. Earl encourages consumers having questions about these new rebate programs or the new residential rate to contact Joe Fieldsted at the Roosevelt office. Mr. Fieldsted will be Moon Lakes program coordinator in assisting consumers with the rebate average worker in Utahs private sector received only a 3.5 percent increase, Mr. Headlee said. Over the ten year period since 1980, Utahs average government wage grew $7,404 from $13,416 to $20,820 or 55 percent while the average wage in Utahs private Bector grew $6,144 from $13,296 to $19,440 or 46 percent. Die disparity between the $7,404 government wage increase and the $6,144 private sector increase amounts to a whopping 20 percent or $2.8 billion in total payroll dollars over the ten years. Utah state, local, and educational wages account fur $1.98 billion of the $2.8 billion wage gap. Die remainder is attributable to wages of federal workers in Utah. Die Taxpayers Association bases its calculations on figures provided by the Utah Department of Employment Security. Government workers in Utah also etjoy the fifth best benefit pneknge of the fifty states, according to the U.S. Department of Commerce 1987 Census of Governments (the latest figures available). Mr. Headlee said November P, iWI - Pagcl ' t? & t from Essco construction OURAY WATER PIPELINE-Work- crs work to gel the job done before the big freeze. Fitting the five ton pipe in place are llarvcy Pincgar and Ben Moore while Bill Bonner supervises. wages in Utah are low. In 1990 Utahs average annual wage was only 85 percent of the national average, down from 96 percent in 1981. However, government workers should not be given preferential treatment when incomes to annual wage increases. If times are tough, and families across the state are forced to tighten their belts financially, so should government employees, Headlee said. "Each year the government wages grow faster than wages in the private sector, government must take a larger share of taxpayer earnings to pay the bill, according to Mr. Headlee. This leaves less disposable income to fuel the economy, resulting in slower economic growth nnd Blower growth in private sector wages. And this simply widens the gap between government wage growth and the growth in private sector wages." The only way to increase the average wage for everyone in Utah is to stimulate the economy. And there is little doubt that the money that could be saved by tying the growth in Utahs government salaries to the growth in private sector salaries, nearly $2 billion during the 1980s, would help the economy to grow, Ileadlee said. |