Jeff Smith
April 12, 2007
Crabb Decision, Wisconsin
On March 19, 1991, Judge Barbara Crabb issued her final judgment in the case Lac Courte Oreilles Band of Superior Indians et al. v. State of Wisconsin et al. In her decision, she stated that the Native Americans have the right to harvest game in the same way that was used when the treaties were signed; however, they could not harvest timber for commercial purposes nor can they gather game on privately owned lands. Lac Courte Oreille also could not maintain a modest standard of living. The state of Wisconsin still would have to manage all of the natural resources and they cannot interfere in the off reservation rights to harvest game in ceded lands, unless mutually agreed on; however, Lac Courte Oreille would have to keep some kind of management plan and all resources are harvested equally.
Chippewa Acceptance
The six bands of Lake Superior Chippewa were satisfied with the ruling that they have preserved their rights for future generations and they did not appeal.
State of Wisconsin Acceptance
The State of Wisconsin did not appeal the case partly in fear of losing their “victories”
1) The tribe cannot sue the state for past monetary damages
2) The treaties do not extend to the commercial harvest of timber
3) The state has ultimate authority to protect and manage resources in ceded lands
4) Tribal members cannot enter onto privately-owned lands to exercise their rights
5) Treaty rights do not extend to privately-owned stream beds, river bottoms and overflowed lands
6) The tribe is not entitled to all the available resources necessary to sustain a modest standard of living, rather the resources must be shared 50-50.
7) The state can impose on tribal members boating and safety regulations even when Chippewa are engaging in treaty protected activity.
Mille Lacs Decision, Minnesota
1837 Negotiations to buy certain Chippewa lands east of the Mississippi River; and the Native Americans wanted to preserve their hunting and fishing rights in the ceded territory.
1842 Chippewa ceded more lands and again, reserved their hunting and gathering rights in the territory. Additional clause that would allow the President to remove Indians at his pleasure.
Late 1849 Resolution passed to move Chippewa from ceded lands to Minnesota Territory.
Early 1850 President Taylor issued a removal order and changed the location of the Indians annuity payments (Sandy Lake).
Early 1855 Violence breaks out over a dam built in 1849 by white settlers on the Rum River on ceded lands. The Chippewa claimed it interfered with the Wild Rice Harvest.
1855 Additional treaties were made with Mississippi, Pillager, and Lake Winnibigoshish Bands of Chippewa Indians; however, no mention of hunting and fishing rights were made.
1990 Phase 1 Mille Lacs Band files suit against the state of Minnesota seeking a judgment that they had retained their hunting, fishing and gathering rights stated in the treaty of 1837. District Court ruled that the Chippewa did retain the rights reserved in the treaty of 1837. It was also ruled that the President could not have removed the Indians without their consent.
The court also allowed several Wisconsin bands to join in the case The States new argument was that the Chippewa’s rights were terminated when Minnesota was admitted to the Union in 1858, but the court rejected this attempt. 1996 Phase 2 The State and the Chippewa Bands agreed on a regulation plan for hunting and fishing. The Court of Appeals ruled that the Chippewa did retain their rights after Minnesota was admitted to the Union.
Date created: June, 2002
Last modified: April, 2007
Copyright ©2003, 2004, 2005, 2006, 2007 George R. Spangler