1974-09-01 Char-Koosta News

              THE NEWSPAPER OF THE SALISH, PEND d ORIELLES AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION
15 C
HARKOOSTA
Volume 4 - Number 9   FULL MOON OF THE HARVEST OF RIPE THINGS
Judge Rules Against Tribe In Lake Case
Missoula: A U.S. Federal Court Judge has found that non-Indians living along the south half of Flathead Lake may build and maintain docks and wharfs below the high water mark.
The decision, by Federal court Judge William Jameson, came after nearly a year of in court and out of court debate over the emotionally charged issue of tribal rights to the reservation portion of the lake. Judge Jameson's decision upheld James Namen's right to build a 16 foot wide cause-say into the lake. Namen, who owns Jim's Marina in Poison, the city of Poison and the Flathead Lakers, Inc. jointly opposed the Confederated Salish and Kootenai tribes in the suit.
Although Judge Jameson's decision favored Namen and other non-Indian landowners along the lake, there still remained a question as to whether the long causeway-breaker which led to the suit might abuse the landowners' right to gain access to the lake. Judge Jameson instructed both Namen and the tribe to submit briefs on the question and a hearing will be scheduled later.
The decision came as a shock to many tribal officials. Tribal Councilman Bob McCrea, Dixon, called it "a disappointment", and Tribal Secretary Fred Houle , Jr. called it "a very complex decision on a very complicated case." Houle said that Jameson's ruling would probably be appealed. If appealed, the case will probably be reviewed by the Ninth Circuit Court of Appeals in San Francisco.
In brief, the case involved the tribe's treaty rights to the southern half of Flathead Lake and Namen's property (or riparian) rights to access of the lake. The tribe brought the suit against Namen when he constructed a long breakwater extending out into the lake from the marina facilities. The Tribe maintained that the 18 5 5 Hellgate treaty gave them exclusive rights to the southern half of the lake and charged that Namen had trespassed on lands held in trust.
Namen, on the other hand, clamed that he had riparian rights to the lake by virtue of his succession of the lake shore land from Indian allotee Antoine Morias. Namen's attorney cleared that because Morias had access to the lake, the present owner of the land must also have access.
Other parties entering the suit on the side of Namen added that the lake is "navigable" and therefor free to public access. It was also noted that the five acre "villa" sites along the lake were sold by the Department of Interior with the promise of access to the lake.
See NAMEN, second column, page 2
Res. Schools Opening With New Programs
Many of the thousand Indian children enrolled in Flathead Reservation schools will have more than reading, writing and arithmatic to look forward to this school year.
Most schools throughout the reservation have included several interesting Indian studies courses into cur-riculums this year and a brand new "alternative school" will be opening its doors in Dixon later this month.
Most public schools around the reservation have either opened or will shortly. Charlo, Dixon and Arlee opened August 2 6 . Other schools on the reservation, including St. Ignatius, Ronan, Poison, Elmo and the rural schools, will start classes September 3 .
Most schools will be offering Johnson O'Malley projects for their Indian students. Hot Springs, in Sanders County, has applied to the Montana State Department of Public Education for several new programs. They have asked for $ 2 4 ,0 0 0 to fund a new Indian Studies class in the High School, an u'ult education program, Indian tutoring, an Indian Art program and a continuation of the home-school counceling service.
Most other schools have applied for continuation of programs started last year. Ronan will offer Indian language classes taught by Larry Parker, Indian school tutoring and a home-school counceling service. Poison JOM has applied for an Arts and Crafts class, student transportation and a continuation of the home-school councelor. Poison High School will also offer an Indian history and literature class.
Elmo elementary school has an Indian studies class, special education, student transportation and in-service home school counceling.
Dixon high school will offer lapidary classes again this year as well as an outdoor education program.
Charlo High School will have a continuation of the home-school counceling program.
Arlee JOM committee has several projects in the fire. They wish to continue art classes, Indian stud les projects and a special joint JOM- National Science Foundation sponsored science project. Arlee will also purchase Indian studies literature and offer a home-school counceling service.
A science project will also be offered at St. Ignatius schools. Mission school will also have an art program, adult evening education and Indian studies. Mission
Turn to page 3____SCHOOLS