Momentous Indian Lawsuit Slated to Begin Aug. 10 in Bay City Federal Court

State Laws in 138,330 Acres of Isabella County Could be Nullified

July 3, 2010
By: Dave Rogers

Trial of a lawsuit by the Saginaw Chippewa Tribe against the state is scheduled to start Aug. 10 in federal court in Bay City.

Federal Judge Thomas Ludington told MyBayCity.com the trial is slated to start unless ongoing mediation resolves it. Dozens of expert witnesses from around the country have been called to testify.

The outcome of the suit against the State of Michigan could alter the boundaries of Mount Pleasant and seven Isabella County townships -- about one third of the entire county.

It also could change the way state laws are enforced in the huge area involved, potentially substituting Indian law for state law.

The issue of property taxes also may be open to question in the suit. Would residents be required to pay property taxes to the tribe? And, would the tribe then be required to provide police, fire and other services now provided by the county and townships?

The 1855 granting of the central Michigan land in question marked the end of the "Trail of Tears" removal to Oklahoma and start of the reservation system.

The central question of the case is whether 138,330 acres of land in Isabella County, Michigan, comprising the townships of Wise, Denver, Isabella, Nottawa, Deerfield, and one-half each of Chippewa and Union townships, is "Indian country" pursuant to federal law.

The Saginaw Chippewa Indian Tribe of Michigan and the United States Department of Justice, intervening on behalf of the Indians, believe the area is "Indian Country." State and Isabella County officials, and the City of Mt. Pleasant believe it is not.

Expert witnesses are reported ready to testify to a litany of deceptive land deals by whites against Indians, incidents like the alleged transfer of a section of land for a bottle of whiskey, a blanket or a rifle. Families had been given half sections (80 acres) and individuals 40 acres.

According to court documents, Indian Agent James Long in 1869 "found a growing, aggressive group of land speculators and lumbermen entrenched at Mount Pleasant, Saginaw, and Detroit. Trespassing was occurring on Indian lands almost daily, as lumbermen, often with questionable sales contracts, cut Indian timber. After the selections were made by the individual Indians and the certificates were issued, timber agents rapidly acquired them by purchase or swindle."

Over the years most of the land in the original reservation was taken over by whites, leaving the tribe with only a small reserve where the Soaring Eagle Casino, a hotel and other facilities now are located.

Resolution of the question will require interpretation of historical documents, specifically two treaties entered into by the United States and the Swan Creek, Black River, and Saginaw Bands of Chippewa Indians in 1855 and 1864.

The parties agreed by stipulation that the Saginaw Chippewa will not raise issues of state taxation of the six townships in this litigation. They agreed that the central question is "[w]hether and to what extent" the six townships are "Indian country."

The suit was filed by the Saginaw Chippewa Indian Tribe against the state in 2005. The suit seeks restoration of historic reservation boundaries and the tribal control in that area.

By the time the 1855 Treaty was negotiated in Detroit, the Saginaw, Swan Creek, and Black River Chippewas had largely relinquished the right to live in southern and central Michigan and agreed to move west of the Mississippi River.

Many Chippewas, however, resisted the government's effort to move them westward and continued to live near the Saginaw Bay in central Michigan.

Resistance to removal dated to the aftermath of the 1819 treaty negotiations in Saginaw, when unruly Chippewa fired by government whiskey, and that of traders, forced Gov. Lewis Cass to flee with his soldiers. Cass thus abandoned orders to force the Chippewa to move west, as other tribes had been driven on the "Trail of Tears."

Saginaw Chippewa experts contend that the tribe's resistance to removal, together with a limited area to which American Indians could be removed, necessitated a shift in the federal government's approach from removal toward a reservation system.

Consequently, in May of 1855 President Franklin Pierce ordered all the unsold land in Isabella County withdrawn from sale for the purpose of preserving it for future use by the Chippewa Indians.

The lawsuit aims to protect tribal boundaries and exercise sovereignty while protecting tribal members, according to Frank Cloutier, tribal public relations director.

If the tribe wins the suit, the reservation's boundaries would include half of Union and Chippewa townships, and all of Deerfield, Isabella, Nottawa, Denver and Wise townships. It would include half of Mount Pleasant, with everything north of High Street becoming tribal land.

A change in the reservation boundaries would not result in new taxes for non-tribal members, Cloutier said, as the tribe lacks that jurisdiction.

How a Chippewa victory would affect the city of Mount Pleasant and area townships is uncertain.

Mt. Pleasant City Manager Kathie Grinzinger said: "No one really knows if that means that local ordinances would still be (valid) or if the tribe's zoning or planning or ordinance would supersede those."

The tribe and federal government are in mediation with the state to settle the issue before the trial.

Cloutier said the tribe is trying to resolve taxation and child welfare issues on tribal members through the lawsuit.

"We're not looking to increase our square footage," he told the Central Michigan University student newspaper. "It's not an issue of making the reservation bigger."

Supervisor John Barker of Union Township, which could be split with everything north of Remus Road becoming tribal land, said he is not too worried.

"There is potential that half of Union Township could be affected by the decision. What the ultimate effect is remains to be seen," he said. "I can't say it's one of the highest items on my agenda."

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