Northern Cheyenne activist Mark Wandering Medicine is questioning the settlement. Photo from National Commission on Voting Rights
Tribe challenges Church fundraising
Northern Cheyenne, St. Labre Mission settle lawsuit
By Clara Caufield
Native Sun News Correspondent LAME DEER, Mont. –– After 16 years the Northern Cheyenne Tribe and St. Labre Catholic Mission, Ashland, Mont., have reached a mediated settlement in a lawsuit filed by the Tribe objecting to fundraising conducted by the Church on behalf of the Cheyenne. A significant milestone in Cheyenne and perhaps Church history, but ironically as a result of a “gag” order imposed by the presiding Judge, officials for the Tribe or Mission can’t talk about it. The lawsuit was initiated under Tribal President Joe Walksalong (1996-2000), a Mennonite minister who also observed Cheyenne traditional ways and decided that the Tribe had to “stand it’s ground” with St. Labre, recognizing years of effort would be expended by the Cheyenne in taking on the powerful Catholic Church. The Tribe asserted that St. Labre fundraising efforts have generated millions each year, yet failed to benefit the Tribe or the Cheyenne people. The suit also addressed a land use dispute between the Tribe and Mission and discussed the personal abuses suffered by tribal members at that boarding school. Tribal Resolution DOI 038-99 authorized the lawsuit because “The Catholic Church and other Entities have and continue to use the name of the Northern Cheyenne people for raising vast sums of money, are doing so without the full knowledge, advice and consent of the Northern Cheyenne Tribe.” Tribal members were pleased to read about the settlement in a recent Billings Gazette story. However they are not at all pleased to learn of a confidentiality clause imposed by State District Court which prevents tribal officials from sharing settlement details at this time. Confidential sources say that this provision was requested by St. Labre and accepted by the Judge. Apparently, a settlement has been reached in principal but final details are still being concluded by legal counsel for both parties. Tribal officials do not know when they will be able to speak about the settlement, but it will certainly not be until after a final agreement is completed, signed by both parties and accepted by mediators and the Court. The Gazette story did not include any settlement details, unable to contact tribal sources or legal counsel willing to speak about the settlement, also the experience of this reporter. However, it is clear that Tribal officials face a conundrum: many wanting to inform the tribal community about the settlement but stymied by the Judge’s non-disclosure order which includes a specific provision prohibiting press releases or communication with the press. Tribal leaders understand that divulging settlement details could result in contempt of court charges –even jail - and are thus very careful not to violate the order.
A fundraising plea features an image of an Indian girl. Image from St. Labre Indian School
From the inception, the Tribe was represented by Edwards, Frickle and Culver, Billings, MT but in recent years, long-time tribal general counsel Chestnut, Ziontz and Pirtle, Seattle also worked on the case. Tribal members wonder if these law firms will receive contingency payment from the Settlement funds and what that amount might be. In the Northern Cheyenne Allotment Act a tract of land in the Ashland area was set-aside for the St. Labre Mission specifically requiring it be used for the “sole benefit of the Northern Cheyenne people”. However, as asserted in the lawsuit, Mission funds generated from appeals for the “Race of Sorrows” (a very offensive term to the Cheyenne) have been used for many other purposes, including the support of other Church entities. Feelings about the mission and lawsuit thus run particularly strong in Ashland, including critics and supporters. “We do know that in an average year, the Mission receives from 20-25 million from fundraising” said Eugene Little Coyote, former Tribal President who prioritized the St. Labre lawsuit. “Over the course of years, this amounts to a very significant amount of money. The Tribe receives very little, if any, of this funding directly from the Mission.” Former President Leroy Spang thinks the annual revenue is much higher, at one time 37 million, but also that donations have dwindled in recent years as a result of controversy regarding the Catholic Church. Since the lawsuit was filed, the Mission has made settlement offers to the Tribe. A first was made during the Geri Small administration (2000-2004), reportedly so small that the Tribe rejected it out of hand. A second offer came under President Eugene Little Coyote’s term (2005-2008) who noted that offer was rejected by a close vote of the Tribal Council. “In retrospect, maybe we should have accepted it” said the former Tribal President. “It would have brought in millions to the Tribe for economic development and other tribal needs. I hope the current settlement agreement will be as beneficial. A significant financial settlement would be a victory for the Tribe.” A final offer was made under President Leroy Spang (2008-2012) who said it “was so small that it wasn’t worth talking about.” Spang also added in strong terms: “Any settlement money should go to the Cheyenne people. It’s their names that are used to raise the money. Put that in your paper,” he said. Members of the tribal “Independence Task Force” who worked on the lawsuit in previous administrations are particularly concerned. Little Coyote noted that the name was selected because the Tribe wants to wean itself from dependency on federal funds and charity. “Of course, for Mission fundraising to be successful, the Cheyenne have to stay poor,” he cryptically observed. Hugh Clubfoot, former Birney Council member and Task Force Chairman is very vocal. He is joined by fellow task force members Mark Wandering Medicine, Birney and Joe Little Coyote, Ashland. In a recent letter, Clubfoot requested that Montana Senators Jon Tester and Steve Daines look into the settlement on behalf of the tribal members. Because part of the Mission is located on the Northern Cheyenne Reservation (key to the dispute), Clubfoot believes that federal officials have a protective fiduciary trust responsibility to the Tribe. “Given that U.S. Trust Property is involved in this Secret Settlement Agreement, I believe that U.S. Congressional representatives should look into this matter,” he stated. Clubfoot and Wandering Medicine also cited Resolution DOI-095-05, which to their knowledge has not been rescinded or amended. That Resolution specified how any settlement funds would be used to benefit future generations of Northern Cheyenne including: 1.) 25% for a sustainable financial fund for the exclusive use of the Tribal Council to ensure the viability of tribal government services; 2.) 25% in a sustainable fund for financing tribal economic development, including real estate acquisitions; 3.) 25% to establish a tribal credit union specifically for tribal members; 4.) 25% in a fund for Health, Education and Cultural Well Being; 5.) any real estate awarded through a settlement to be managed by the Tribal Land Authority for the benefit of tribal members and 6.) $250,000 reimbursed to the Tribe for legal costs. “These purposes were debated at great length and agreed upon by many community members,” Clubfoot stressed. “I hope they didn’t change that under this new agreement.” Clubfoot and Wandering Medicine also ask about another key goal they set - gaining a formal apology from the Mission to the Tribe and Cheyenne people. They cite historical prosecution of traditional medicine men by the Catholic Church; the destruction of native language and culture in the boarding school environment and personal abuse suffered by tribal members. Finally, they accuse the Mission of using the Cheyenne people as a fundraising “gimmick” which enriched the Church. “Our main concern was to stop the exploitation of the Cheyenne people (by the Church) to make themselves very wealthy without sharing it with the Tribe to address the impoverished conditions of the Cheyenne people,” Clubfoot summarized. “The Cheyenne suffer horrible poverty and unemployment, running as high as 80% in the winter,” he explained. “Yet, right on our Reservation is a very rich church that gets millions in our name. And they don’t want to share it.” Wandering Medicine, tribal legal advocate, former tribal judge and a plaintiff in a successful Indian voting rights lawsuit against several Montana counties, noted: “The Tribal government should have consulted with the Cheyenne people before accepting any settlement. Our people have often been left out of major tribal decisions. The Tribal Constitution and our Bill of Rights mandate that tribal members have the right to participate in all tribal economic endeavors. As it stands now, we are having a hard time even finding out any details of what they have agreed to and how it will help tribal members. That is very wrong and violates the constitution in my view.” Finally, Wandering Medicine questions the “gag” order. “I think the Tribe could have objected,” he said. “But, maybe they (the Council) have their own political agenda, needing the money for salaries and trips.” (Clara Caufield can be reached at acheyennevoice@gmail.com) Copyright permission Native Sun News
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