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Satz, Ronald N. / Transactions of the Wisconsin Academy of Sciences, Arts and Letters
volume 79, No. 1

End notes,   pp. 199-207 ff. PDF (3.2 MB)


Page 206


Wisconsin Academy of Sciences, Arts & Letters
Bureau of Indian Affairs in Washington and the Wounded Knee confrontation
in
South Dakota. The incident ended only after Governor Patrick J. Lucey deployed
the Wisconsin National Guard (Lurie 1987, 54-55).
    51. The Chippewas did not seek the broader right of engaging in usufructuary
activities on privately owned land (U. S Court of Appeals 1983, 365 n. 14).
    52. In numbering the Chippewa court cases, I am following Bichler (1990a).
    53. At the time of the nineteenth century treaties, the Chippewas had
long
engaged in commercial activities and had long served, to use Judge Doyle's
words,
as "participants in an international market economy." As Doyle
observed, "com-
mercial activity was a major factor in Chippewa subsistence." Indeed,
"the Chip-
pewa were aware of the principles of the Euro-American market economy. They
understood competition and the ramifications of the fluctuations of supply
and
demand, as well as the value of tangible goods and services." Although
the Chip-
pewas were "clearly engaged in commerce throughout the treaty era,"
they "de-
veloped an economic strategy that incorporated both their traditional economy
and
the market economy in such a way that they were able, on the one hand, to
transact
business with non-Indians who were participating in the Euro-American market
economy and, on the other, to transact social and political relations with
one another
in the traditional manner" (U. S. District Court 1987, 1428-30).
     54. After Judge Crabb's white-tailed deer ruling of May 9, 1990, there
was
uncertainty as to whether the Chippewas were still entitled to the entire
safe harvest
or whether the fifty-fifty split for deer also referred to other resources
such as fish
(Bichler 1990b). For Crabb's Final Judgment, see Appendix 7.
     55. The Eleventh Amendment, ratified in 1798, provides that "the
judicial
power of the United States shall not be construed to extend to any suit in
law or
equity, commenced or prosecuted against one of the United States by Citizens
of
another State, or by Citizens or Subjects of any Foreign State."
     56. The agreements have been made on the basis of biological assessments
obtained from both the state and tribal biologists (Great Lakes Indian Fish
and
Wildlife Commission {c. 1988}, 2). Judge Barbara Crabb observed in 1989:
  The department {Department of Natural Resources} has negotiated a number
of interim
  agreements with the tribes covering the harvesting not only of walleye
and muskellunge,
  but other species of fish, deer, small game, migratory birds, bear, and
wild rice. Its
  wardens, along with other state and local law enforcement officers, and
GLIFWC {Great
  Lakes Indian Fish and Wildlife Commission} personnel, have monitored the
agreements
  to ensure that Indian hunters and fishers have been able to implement their
treaty rights.
  The department has done this in the face of intense opposition from individuals
and groups
  opposed to the recognition and implementation of Indian treaty rights,
with only the most
  modest amount of federal assistance in the form of funding for some assessment
projects.
     It is to the tribes' credit that they have adopted an equally cooperative
attitude toward
  the implementation of their rights. It has not been an easy time for them,
either. The
  tribes and their members have been subjected to physical and verbal abuse
over the
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