Update: 1855 Ceded Territory potential lawsuit

//Update: 1855 Ceded Territory potential lawsuit

Update: 1855 Ceded Territory potential lawsuit

1855 Ceded Territory potential lawsuit – UPDATE

Judge hears arguments in Gull Lake netting case


Jennifer Kraus’ report today (Sept 6) in the Brainerd Dispatch Judge hears arguments in Gull Lake netting case provides important details of a case that potentially has more far-reaching consequences than the Mille Lacs 1837 Treaty case, for several reasons.

High Stakes

The case applies to the entire 1855 ceded territory area (900,000 acres or 1,400+ square miles) including the Brainerd lakes area along with most of northern Minnesota’s large lakes. It also includes a small portion of Mille Lacs Lake, which means the entire lake if the usual “contiguous waters” principle is applied. See map.

This is not a routine case. It has dragged on now over three years since four tribal members were arrested for illegal rice harvest and gillnetting in Gull Lake. Three of the four tribal members involved in the original protest have had their charges dropped. Four 9th Judicial District judges in Crow Wing County recused themselves without giving any reason for recusal.

In August of 2017, 9th Judicial District Judge Jana M. Austad from Cass County took on the case. A year later (this Wednesday) there was a hearing, after which she will decide whether or not the defendant is protected under the 1855 treaty.

Traveling Rights?

A question about the remaining defendant James Warren Northrup’s membership in either the Leech Lake or Fond du Lac tribe complicates the case. If he is a member of the Leech Lake tribe he could be liable for netting without a state license. If he is a member of the Fond du Lac Tribe he could be protected by the 1855 treaty’s coverage of the Fond du Lac Reservation.

Jennifer Kraus reported on conversations after the hearing that shed light on such “portable” rights. Tribal defense attorney John Plumer stated that “all the territories of all the different treaty areas are all controlled by the Tribal Executive Committee and that we are one tribe.” He added, “This committee determines whether or not people have rights to go outside the area they were historically enrolled in.”

Does that mean the “Tribal Executive Committee” gets to decide how the exercise of any given treaty’s provisions can be applied, regardless of which tribe was covered by the treaty, as long as they are part of the collective “Ojibwe tribe”?

That would allow the 1855 Treaty’s ceded territory—currently without any off-reservation hunting, fishing, gathering rights—to “inherit” rights from any other treaty.

A somewhat similar formula was created by the DNR to avoid regulations limiting wild rice harvest. Instead of being reservation specific, all Native Americans (DNR’s language) could harvest wild rice on any reservation.

Honoring Treaties?

How does the Tribal Executive Committee come by the authority to supersede the plain language of the 1855 Treaty? Specifically, how does it supersede the agreement to “fully and entirely relinquish and convey to the United States, any and all right, title, and interest, of whatsoever nature the same may be, which they may now have in, and to any other lands in the Territory of Minnesota or elsewhere”?

In 1980 a U.S. District Court ruled in a Red Lake case that clear language like that in the 1855 Treaty extinguished all off-reservation hunting and fishing claims. The 8th Circuit Court of Appeals later upheld this ruling.

PERM stands by all treaties with the tribes as they are written.

Harvest Rights Morph into ‘Property Rights’

Notice in Jennifer Kraus’ report how defense attorney Plumer added to the narrative that Treaty rights also mean “property rights.” He stated, “All we are asking is to honor the treaties that we made with the United States that made this state possible. (We are) exercising our hunting, fishing, gathering of properties, as it is our property rights.”

The biggest threat from acceding to any 1855 Treaty harvest claims in this case comes from the tribe’s addition of “property rights” to claimed treaty harvest rights.

The property rights concept springs from attorney Peter Erlinder’s analysis of treaties going back to 1795. He found them to be likely sources of “as yet unrecognized” and of “as yet undeveloped” property rights.

Recognizing property rights will have land-use management implications far beyond wildlife harvest. Arthur LaRose, chairman of the “1855 Treaty Authority,” after the August 2015 protest, said that having these property rights would allow the tribe to “more forcefully assert management or regulatory rights on larger environmental issues such as the burying of oil pipelines or the relaxation of mining-related sulfate standards for wild rice.” That’s behind what Plumer was referring to when he said, “We want to guarantee that people have pristine drinking water.”

Again, PERM stands by all treaties with the tribes as they are written.

Made Whole?

Defense attorney Plumer wrapped up his argument saying, “We’re not the bad guys. We have poverty, historical, social and economic conditions that we are still paying for those treaties.”

They are not the bad guys. Neither are non-tribal members. In 1946 Congress created a tribunal, the Indian Claims Commission (ICC), to hear and resolve all types of Indian claims, including treaty rights claims by Indians against the United States.

The ICCA is unusual in that Congress gave the Commission authority to also hear claims that were moral in nature. Therefore, tribes could bring cases claiming that the federal government had coerced them into signing treaties or misrepresented agreements, or acted in other ways that could be seen as violating fair and honorable dealings that were not recognized by any existing laws.

Also important was Congress’ understanding that no one should be allowed to litigate a claim forever. In return for the elimination of any statute of limitations on claims filed under the Act, tribes understood that the ICCA would provide complete, final closure to their complaints.

In 1965 the ICC awarded the collective Ojibwe tribe, $3.93 million ($31,341,000 in 2018 dollars) for insufficient payment under the 1855 Treaty. As with all ICC cases, the Chippewa, by accepting payment, were forever barred from future claims under the 1855 Treaty.

Again in 1973 the ICC awarded the collective Ojibwe tribe, $9.02 million ($71,933,000) for claims under the 1837 treaty, including claims for lost hunting and fishing rights. What will the cost be if “co-management” comes to the 1855 ceded territory?

District Judge Jana Austad, who has taken the case under advisement, has up to 60 days to make a decision.

Read more

Doug Meyenburg
President PERM

By |2018-12-14T20:38:02-05:00September 6th, 2018|Categories: Updates|Tags: |41 Comments

About the Author:


  1. how to get help in windows 10 May 28, 2019 at 12:35 pm

    Why users still make use of to read news papers when in this
    technological globe the whole thing is available on net?

  2. gamefly free trial May 28, 2019 at 6:33 pm

    This web site definitely has all the info I needed about this subject and didn’t know who to ask.

  3. gamefly free trial May 30, 2019 at 12:14 am

    Excellent blog here! Also your web site loads up very fast!

    What web host are you using? Can I get your affiliate
    link to your host? I wish my site loaded up as quickly as yours lol

  4. gamefly free trial May 30, 2019 at 9:30 am

    excellent issues altogether, you just won a new reader.
    What could you recommend about your submit that you made some days in the
    past? Any sure?

  5. gamefly free trial May 31, 2019 at 6:38 am

    Does your website have a contact page? I’m having trouble locating it but, I’d like
    to shoot you an e-mail. I’ve got some recommendations for your blog
    you might be interested in hearing. Either way,
    great site and I look forward to seeing it improve over time.

  6. gamefly free trial June 1, 2019 at 10:21 am

    It’s awesome designed for me to have a site, which is valuable in favor of my
    know-how. thanks admin

  7. gamefly free trial June 4, 2019 at 12:35 am

    I simply could not leave your site before suggesting that I
    actually enjoyed the usual information an individual supply for your guests?

    Is gonna be again ceaselessly in order to check up
    on new posts

  8. gamefly free trial June 4, 2019 at 9:05 pm

    Howdy! This post could not be written any better! Reading this post reminds
    me of my previous room mate! He always kept talking about this.
    I will forward this post to him. Pretty sure he will have a good read.
    Thanks for sharing!

  9. gamefly free trial June 5, 2019 at 1:12 pm

    Thanks for one’s marvelous posting! I actually enjoyed reading it, you
    happen to be a great author. I will be sure to bookmark your blog and will
    eventually come back very soon. I want to encourage continue your great job, have a nice weekend!

  10. gamefly free trial June 7, 2019 at 8:04 am

    Nice post. I was checking continuously this blog and I am impressed!
    Extremely helpful information particularly the last part 🙂 I
    care for such info much. I was looking for this
    certain information for a very long time. Thank you and good luck.

  11. spiderman games ps4 June 8, 2019 at 5:31 am

    Hi there! I know this is kinda off topic but I was wondering which blog
    platform are you using for this website?
    I’m getting sick and tired of WordPress because I’ve had problems with hackers and I’m looking at alternatives for another platform.
    I would be awesome if you could point me in the direction of a good platform.

  12. quest bars cheap June 14, 2019 at 9:20 am

    Thank you a lot for sharing this with all folks you actually recognise what you are speaking approximately!

    Bookmarked. Please additionally talk over with my site =).
    We can have a link trade agreement among us

  13. quest bars cheap June 14, 2019 at 9:32 pm

    Hi there! Someone in my Facebook group shared this website with
    us so I came to look it over. I’m definitely enjoying the information.
    I’m book-marking and will be tweeting this to my
    followers! Terrific blog and fantastic style and design.

  14. quest bars cheap June 17, 2019 at 1:08 am

    It’s awesome to visit this website and reading the views of all colleagues on the topic of this
    paragraph, while I am also eager of getting familiarity.

  15. plenty of fish dating site June 22, 2019 at 12:46 am

    bookmarked!!, I love your website!

  16. http://tinyurl.com/y47ofpgu July 1, 2019 at 3:58 am

    I really like what you guys are up too. This sort of clever work and reporting!
    Keep up the fantastic works guys I’ve included you guys to our blogroll.

  17. plenty of fish dating site July 15, 2019 at 2:23 am

    If some one needs expert view regarding blogging and site-building afterward i suggest him/her to pay a quick visit this weblog, Keep up the
    nice job.

  18. how to get help in windows 10 July 17, 2019 at 3:52 pm

    Hello superb blog! Does running a blog like this require a large amount of work?

    I’ve absolutely no expertise in programming but I was hoping to start my own blog soon.
    Anyway, if you have any ideas or techniques for new blog owners please share.
    I understand this is off subject but I simply wanted to ask.
    Thanks a lot!

  19. plenty of fish dating site July 18, 2019 at 5:26 am

    Hi there! Would you mind if I share your blog with my
    myspace group? There’s a lot of folks that I think would really appreciate your content.
    Please let me know. Cheers

  20. plenty of fish dating site July 19, 2019 at 4:36 am

    I like reading through an article that will make people think.
    Also, thanks for permitting me to comment!

  21. how to get help in windows 10 July 20, 2019 at 10:17 pm

    Howdy! Do you know if they make any plugins to safeguard against hackers?
    I’m kinda paranoid about losing everything I’ve worked hard on.
    Any recommendations?

  22. plenty of fish dating site July 24, 2019 at 2:36 am

    WOW just what I was searching for. Came here by searching for plenty of
    fish dating site

  23. natalielise July 24, 2019 at 10:03 am

    fantastic points altogether, you simply gained a brand new reader.

    What would you recommend in regards to your put up that you just made a few days in the past?
    Any positive? plenty of fish natalielise

  24. plenty of fish July 31, 2019 at 12:32 am

    Hi, everything is going nicely here and ofcourse every one
    is sharing data, that’s truly fine, keep up writing.

  25. pof July 31, 2019 at 3:48 pm

    Nice post. I was checking constantly this blog and I’m impressed!
    Extremely helpful information specially the last part
    🙂 I care for such information much. I was
    looking for this certain info for a very long time. Thank you and good

  26. Heya i am for the first time here. I found this board and I find
    It truly useful & it helped me out much. I hope to give something back and aid
    others like you helped me. natalielise pof

  27. pof August 1, 2019 at 12:22 am

    Incredible! This blog looks just like my old one!
    It’s on a completely different topic but it has pretty much the same layout and design. Great choice of colors!

  28. Useful info. Lucky me I discovered your website by accident, and I’m stunned why
    this accident did not came about in advance! I bookmarked it.
    natalielise pof

  29. mod menu free fire August 8, 2019 at 8:30 am

    Yeah bookmaking this wasn’t a risky decision outstanding post! .

  30. noclip hacks for roblox August 9, 2019 at 11:33 pm

    Hi, glad that i saw on this in bing. Thanks!

  31. skin swapper August 10, 2019 at 3:51 pm

    yahoo took me here. Thanks!

  32. super power training simulator script August 12, 2019 at 8:19 am

    very cool post, i actually enjoyed this web site, carry on it

  33. plenty of fish dating site August 13, 2019 at 9:21 pm

    Greetings! Very useful advice in this particular post!
    It is the little changes that will make the most important changes.
    Thanks a lot for sharing!

  34. live insaan August 13, 2019 at 11:25 pm

    stays on topic and states valid points. Thank you.

  35. plenty of fish dating site August 14, 2019 at 3:50 pm

    This piece of writing is actually a fastidious one it assists new internet users,
    who are wishing for blogging.

  36. how to get unlimited money in bloxburg August 14, 2019 at 4:35 pm

    Enjoyed reading through this, very good stuff, thankyou .

  37. frebhax August 15, 2019 at 6:20 pm

    Great stuff to see, glad that yandex led me here, Keep Up awsome job

  38. island experiment cheats August 16, 2019 at 7:41 pm

    I like, will read more. Thanks!

  39. descargar facebook August 18, 2019 at 1:30 pm

    This is a topic that’s close to my heart… Best wishes!
    Where are your contact details though?

  40. minecraft games August 18, 2019 at 8:01 pm

    Thanks for another informative web site. Where else may just I get that
    kind of information written in such a perfect approach?
    I have a undertaking that I’m simply now working on, and I have been at the glance out for such information.

  41. descargar facebook August 19, 2019 at 1:28 am

    No matter if some one searches for his essential thing, therefore he/she desires to be available that in detail, therefore that
    thing is maintained over here.

Leave A Comment

This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.

This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.