I GAVE THE FOLLOWING SPEECH ON THE FLOOR OF THE HOUSE IN THE MAINE STATE LEGISLATURE. A ROLL CALL VOTE WAS TAKEN AND EVERY SINGLE REPRESENTATIVE IN THE HOUSE VOTED IN FAVOR. AFTER MY SPEECH THEY DID SOMETHING VERY UNUSUAL, THEY APPLAUDED...

THE RESOLUTION PASSED IN THE SENATE UNDER THE HAMMER (MEANING WITH UNANIMOUS CONSENT)

APRIL 18,2008

JOINT RESOLUTION IN SUPPORT OF THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INIDIGENOUS PEOPLES

Thank you Mr. Speaker, Men and Women of the House.
I bring before you this resolution to support the rights of indigenous peoples all over the world.

As many of you know the United Nations approved this resolution on September 13, 2007. The vote was 143 in favor and 4 against. The four Countries against were the United States, Canada, Australia and New Zealand, all Countries of Colonization. The white government of Australia issued an apology to the land’s indigenous peoples but did not vote to adopt the declaration yet. The Canadian Parliament voted in favor 148 to 114 on Wednesday April 9 2008, to support the UN Declaration and implement it’s standards.

One wonders what moral authority we have to chastise China on its human rights when we have voted against rights for our own indigenous peoples.

When I was trying to think of what to say I realized that I should have no problem speaking on behalf of indigenous peoples of the world after all, I am one.

I come from a line of Indigenous peoples who have been badly treated by the majority governments both Federal and State. I come from a people who have lost their lands and their rights and their religion to the majority culture.
I come from a people who have fought and died to protect this Country and
I come from a people who are the very essence of this Country.

I have been asked many times if I think Tribal Representatives make a difference here in Maine. I always say emphatically YES! We have played a role in making Indigenous peoples of Maine real and visible and human.
I truly believe the majority of Maine Legislators recognize the value of human rights and the fact that Indigenous peoples all over the world should have them and be treated with civility, equality and respect.

In 2002 I had the opportunity to travel to Chile with other Legislators from all over the United States. We visited the city of Temuco 2 hours south of Santiago by air. We stayed two days in Temuco and visited the city council. They were proud of the social programs the State had made available to the Mapuche. I asked how many Mapuche were on the council or on any committees, they looked at each other with surprise and said to me, none. I had the same experience when we met with the town council in a small town just outside the city.

We then drove into the bush to visit two Mapuche villages. I will never forget that experience.

Because we were VIPs we were welcomed in a joint ceremony by the two villages. Two Machi, medicine women greeted us. They were surrounded by Government officials who were very proud to tell us that government programs were improving the lives of these helpless people and they wanted us to know that these people weren’t lazy and wanted to work. Each Government official spoke very condescendingly about the Mapuchi how he or she provided them with what they needed etc. and this with the Mapuchi standing there listening with their heads down.

I had been asked to speak before arriving at the village but had said no because I was not prepared. After hearing these officials speak I went to our group leader and told her that I now wanted to speak but only as a member of the Penobscot Nation, not as a Legislator. I asked to speak after the head Machi spoke, she was to speak last. She spoke only Mapuchi and her speech was was translated into Spanish then English.

I was not sure what I was about to say would insult her, but I felt I had to say something. As I spoke I watched the expression on her face and still couldn’t tell. I said the following: “I am a Native American, a member of the Penobscot Indian Nation from the State of Maine in the United States. We have clan mothers much like your Machi and they take care of our community. I wish to give you a message from my people.
Never let your spirits be abused, never give up your language, never give up your culture, be proud of who you are. Stay true to your beliefs and you will win.”

You could have heard a pin drop. I did not expect any words from the head Machi, but she turned to me and said “Thank you for coming all this distance and thank you for your words, I hope that in some way you can help us save our culture.”

The translator came to me later and said there is something I did not translate and that is that she sends the spirits to be with you on your journey home. He said the reason he didn’t translate was because the Spanish would have considered that a non- Christian thing to say.

Indigenous peoples all over the world are in need of their freedoms including religious freedom and the right to be treated equally as human beings. The Mapuche are also trying to protect their lands against the corporations that are moving in and taking their lands illegally. On our way to the village we saw a funeral possession. There were many angry people crying and shouting as they carried a wooden coffin down the middle of the street. We found out later that it was the body of a young Mapuchi man just 19 years old who had been shot by the Chilean police as he protested the taking of his peoples land. The Medicine women told our delegation this, the Government officials wouldn’t talk about it.

This was just one incident we happened to find out about, I wonder what else and what other abuses they suffer daily.
I would like in some small way to help the Mapuche and all the Indigenous peoples around the world. Perhaps this vote, which I believe will be the first vote by a U.S State in support of the United Nations Resolution will be a first step in order that all Nations around the world support the rights of Indigenous peoples.

The United States of America has always stood for freedom and democracy. Many of us have fought and died for those rights. It is unconscionable that the United States voted against the rights of Indigenous peoples.

I ask you to support the rights of Indigenous peoples here in Maine and throughout the world.
It would make me very proud indeed to be a Tribal Representative in the State of Maine.

Thank you.

Tribes Are Sovereign and What We Do Not Give Up We Retain.

I am writing in response to your editorial dated March 29, 2008 “Tribes can be sovereign and transparent”.

Tribes are sovereign and what we do not give up we retain.

The tribes came under the Maine freedom of access law because of a Maine Supreme Court ruling. The State Court used the Settlement Act to allow Maine access to our files. The Settlement Act was a three-way agreement between governments; Federal, State and Tribal. The meaning of the Act cannot be changed unless the State and the Tribes agree to it.

In this case the State interpreted the Settlement Act through Court rulings. We do not agree with these rulings. The ruling clearly favored the Paper Companies and the State of Maine. It was an end-around the agreement.

I totally agree that, when State monies or Federal monies are granted to any entity be it State, Tribal or Municipal, there needs to be an accounting for those funds. The Maine Freedom of information Act is not the right instrument in this instance. It would not have mattered one iota if any freedom of information act applied in the case you site.

It took a complete federal investigation in cooperation with other federal agencies to trace how the money was spent and indeed the feds did their homework. Freedom of Information had nothing to do with it.

I would also suggest that if the feds investigated State Government they would find wrongful spending as well. The State has messed up in a number of areas where they have been called to task on and even have had to repay. Look at the millions the State owes the hospitals and doctors for the fiasco in Medicaid alone. That was a boondoggle if I ever saw one.

Maybe if the feds investigated some of those dealings there might be some indictments.

Look at the mess we’re in now with hundreds of millions of dollars in a budget shortfall. Why is that? Where did that money go? Maybe we need to trace that money trail. You want transparency in government? Start with your own and use the same microscope as you always do when it comes to tribal governments.

I thought I would share this speech with you. I will continue the story on Economics a little later.

Slot bill speech for House Debate
April 2008

Thank you Mr. Speaker, Men and Women of the House.
I will have been in this body as the Penobscot Nation Representative for ten years at the end of this session. People ask me lately “How’s it going?” I tell them it’s going the same as ever. I can pull out a speech I used a decade ago and it would be just as on target now as it was then.
Things haven’t changed much for us in ten years.

This year there is something that has changed and changed drastically. It is the state of the economy. The economy is taking a hit on the national level and more to the point right here at home.

This legislature has spent this last week making painful choices about which programs are going to be cut and what programs and services are going to be eliminated. We’re talking about real families and real people. My people are Maine citizens, we have families that are being effected and will be effected by these decisions and this failing economy. We have hopes and dreams just as you and your children do. Whatever happens to the State of Maine happens to us. This is our home.

Today it is more important then ever that we be given the economic tools to not only compete but to survive. The Penobscot Nation has agreed to this amendment to lower the number of slot machines to 100 and to use them only on Bingo weekends allowed by law. We have agreed even though our profits will be a lot less than if we had 400 machines and our payout to other hurting organizations will be a lot less.

Some legislators have said to me the amendment is just enough to keep you at where you were before Hollywood slots entered the picture. With this number of slots you should be able to keep your customers at the Bingo Hall without getting a windfall in profits. (We certainly don’t want a windfall in profits!)

A scenario that comes to mind is that of a sinking ship and everyone is in lifeboats except us Indians, we’re floating around struggling to keep afloat and no one will pull us into the boat. We’re treading water and all we can hope for now is a possible life jacket to keep our heads above water.
We are not asking for a “Windfall”, we’re just asking for a life jacket and then maybe just maybe we can stop treading water and build our own boat!

I can guarantee you one thing and that is if the Indians were in the boat we would pull every single one of you in.
In fact we did! Our ancestors helped your ancestors to survive.

We are not selfish people, never have been. We are totally willing to share. We were willing to share in 2004 and perhaps we wouldn’t be in this predicament if our proposal made in good faith and friendship had been accepted.

That did not happen so here we are now reduced to asking for 100 slot machines.

It’s time to let Indian people have the economic tools to help themselves and in so doing help surrounding communities. The Penobscot Nations High Stakes Bingo contributes approximately a million dollars a year to the surrounding communities of Old Town, Orono and Bangor. These contributions are the accumulation of what players spend on such things as food, lodging and shopping as well as what the Penobscot Nation pays it’s 70 part time employees who live and work and spend their money in the local area. It also pays for printing and advertising. We would like to be able to continue to make this contribution to our surrounding communities. It’s Time to be fair and to work with us for the good of the entire State.
We are willing to share; we have always been willing to share. That’s what neighbors do.

Let’s recognize that these are hard times and these hard times may even get worse. The basic colonial paradigm of keeping total control of the Indians and keeping them poor that set state policy and practices since 1820 must change. Many of you in fact most of you do not reason that way any longer, but those policies and practices still exist today. Those old worldviews will not work any longer in this global economy.

We must change that paradigm and those policies and partner and work together in order to compete in that ever-expanding global market. 100 slot machines is a mustard seed but it’s a beginning.

I ask you to vote for the amendment and start working towards fairness and a change in this State’s paradigm and treatment of Indian people.
Thank you

Economics/Wakepedia:
Comes from the Greek oikos and nomos, oikos is the word for house
And nomos is the Greek word for custom or law “rules of the household”
…the study of choices as they are affected by incentives and resources.

Prior to Colonization or Two Different Worlds:

THE WABANAKI WORLD:
There are various estimates of the number of Native peoples living in North America from millions country wide to approximately 32,000 in the area we now call Maine and New Brunswick. Villages were built on coasts, rivers and estuaries. Tribes hunted with the seasons and moved from village to village carrying little and accumulating very little.

The Wabanaki were mostly hunters but they did grow some things like corn, tobacco, potatoes, squash etc. They had a network of friends, family and allies. The larger
their network, the better and the greater the number of people they could count on for assistance in times of need. They traded with one another and with other tribes for all their wants and needs.

Wealth was counted by the number of family and friends.
Pristine lands and environment existed, the Native world was a land of plenty and they wanted for nothing. The economy was sound. There were times of the year however, when hunting was not good and they had to live from food they stored and smoked, but life was good.

Work did not dominate their lives. There was abundance. They protected the environment and did not over hunt or over fish an area. They were careful to preserve the forests and the rivers.

They did not over burden themselves with possessions. Their possessions were limited to what they could carry; the accumulation of things to them was a hindrance. Chiefs were chosen for their strength, their ability to hunt and their oratory ability to persuade. A Chief would speak and lead but tribal members did not have to listen and they did not have to follow. It was a true democracy.

There were no courts, no judges and no military ranking. When major decisions had to be made such as going to war or moving from their territory the whole tribe had a say and this is carried over even to present day. This abundant pristine world of the Wabanaki was to change forever with the arrival of the Europeans on our shores.

THE EUROPEAN WORLD
On the other side of the world things were very different. A culture of aggression and possession dominated.

Papal bull’s of Jan 8th 1455 by pope Nicholas to King Afonso V of Portugal extended to the Catholic Nations of Europe dominion over discovered lands during the age of Discovery. Along with sanctifying the seizure of non-Christian land it encouraged the enslavement of Native, Non-Christian peoples of Africa and the New World.

Pope Alexander the VI issued inter caetera stating one Christian Nation did not have the right to establish domain over lands previously dominated by other Christian Nations. Thus establishing “The law of Nations.”

The rights bestowed from these papal bulls have never fallen from use, serving as the basis for legal arguments That effect us today.

NATIVE PEOPLE TODAY

According to Rebecca Adamson in her essay found in the book “The Color of Wealth The Story of the U.S. Racial Wealth Divide”
There are 562 Federally recognized tribes some with less than 100 acres to 17 million acres on the Navajo reservation. (333 federally recognized tribes in the lower 48, 229 Alaska villages.) The lower 48 reservation lands equal 54 million acres if 42 million acres of Alaska land is added, the aggregate amount would qualify as the 4th largest land base by area in the United States behind Alaska, Texas and California.

There is an abundance of Timber, grazing and crop lands, 4% of U.S oil and gas reserves, 30% of the low-sulfur coal reserves, 40% of the privately held uranium deposits.
For most people anywhere in today’s economy such property holdings would equal wealth and money. According to the 2000 census Native Americans have the highest poverty rate in the Nation. How did this group of people so rich come to be poverty stricken? A long history of Federal policy systematically is stripping them of their assets.

Each tribe has it’s own story related to treaty making, land theft, and control of tribal resources, but federal policies and State policies toward Native Americans on the whole reflect one theme: Control of Native Assets.
Examples: Indian removal act/Andrew Jackson
The relocation of the Cherokee, Chickasaw, and Choctaw from their rich agriculture land in Gerogia and other southern territories.

The sale of land on the Osage reservation in Oklahoma to non-Indians to gain access to oil in the early 1900’s or the “termination” of the Klamuth tribes in Oregon to sell timber rich land to the paper companies. Federal policies toward Indians have methodically removed wealth form Native populations.

In such cases as Johnson V. M’cintosh where the U.S Supreme Court ruled that as a result of European discovery and assumption of ultimate dominion, Native Americans had only a right to occupancy of Native lands, not the right of title. This decision was upheld in 1831 in the Cherokee Nation v Gerogia, giving Georgia authority to extend State laws over Cherokees within the State and describing Native tribes as domestic dependant Nations.” This decision was modified in Worcester v Georgia which stated the U.S Federal Government and not Individual States, had authority in Indian Affairs, but it maintained the loss of right to title upon European discovery.

In the mid 19th century dams were built on streams and rivers to produce waterpower necessary to run sawmills and gristmills. Dams prevented spawning of migrating fish as the use of the coast was increasingly blocked. Wabanaki complained about the dams but to no avail. The industry moved further north and east clear cutting the forest and destroying the land. Along the Penobscot river alone there was some 250 saw mills. Similar patterns appeared all over the east coast. Farmers’ clear-cut huge areas to plant crops and graze cattle.

Wars were fought over this aggression and abuse of the land and Wabanaki resources. The major Wabanaki goal throughout the years of conflict was to retain their land and continue to govern themselves.

Next how this effected Wabanaki People when Maine became a State.

In the shadow of the Eagle is the title of my new book coming out this April. It is about my experiences in the Maine State Legislature. It is the first book ever written by a Maine Indian Representative about this unique legislative experience.

I kept a Journal for four years of my early legislative experience. The book covers my journal during that time but also covers the continuing struggles that Maine Native people face. The book is being published by Tilbury House. Below I have printed the Tilbury catalog information.
You may order a copy or copies by calling 1-800-582-1899

In the Shadow of the Eagle: A Tribal Representative in Maine
Donna M. Loring
Available: April 2008
Paperback, $20
ISBN 978-0-88448-302-1
6 x 9, 224 pages, photographs
Biography / Native American / Maine
Maine is the only state in the nation to have tribal representatives seated in its legislative body, a practice that began in the 1820s. Although the representatives from the Penobscot Nation and the Passamaquoddy Tribe don't have voting power on the house floor, they serve on committees and may chair study committees. Donna's first session as representative of the Penobscot Nation was a difficult one—a personal struggle to have a "voice," but also because of the issues: changing offensive names, teaching Native American history in Maine schools, casinos and racinos, and the interpretation of sovereign rights for tribes. Some of the struggles and issues remain as she continues to serve, and the perspective she offers—as a Native American and as a legislator—is both valuable and fascinating.
Donna Loring grew up on Indian Island and graduated from the University of Maine at Orono with a BA in Political Science. Donna is also a Vietnam veteran who served in the communications center at Long Binh Army Base located approximately thirty miles northeast of Saigon. It was her job to process all the casualty reports for Southeast Asia. She was stationed in Vietnam from November of 1967 to November of 1968 and served during the TET Offensive. Her professional background is in law enforcement and she is a graduate of the Maine Criminal Justice Academy. She was the first woman police academy graduate to become police chief in the state of Maine and served as the police chief for the Penobscot Nation from 1984?90. In 1992 she became the first woman director of security at Bowdoin College, a position she held until March of 1997. Donna was appointed aide de camp to then-governor Angus King on March 17, 1999, and was commissioned with the rank of colonel by the governor. She was advisor to former Governor King on women veterans' affairs. On November 4, 1999, Donna received the Mary Ann Hartman Award from the University of Maine's Women in Curriculum and Women's Studies Program. The award recognizes outstanding Maine women for their accomplishments in the arts, politics, business, education, and community service. She has served in the Maine State Legislature as the tribal representative of the Penobscot Nation from 1998?2004, and 2005 to the present.

High Stakes Bingo a
Penobscot Perspective

I thought it might be helpful to understand the High Stakes Bingo issue from the Penobscot Nation’s perspective.

Penobscot High Stakes Bingo was legalized in 1992 by a vote of the State Legislature. Representative Priscilla Attean was the Nation’s representative at that time.

The game was allowed because the tribes needed a resource to support they’re tribal governments. The profits from the games would be put into the general fund and be allocated to Fire, Ambulance, Police and Safety, Human Services etc. to help maintain our tribal government infrastructure. The profits from this game have helped tribal government substantially contributing approximately $150,000 or more to our general fund. We’ve been operating High Stakes bingo now for the past 15 years and have found that it is more profitable to operate only seven times a year as opposed to twenty-seven times a year, as many customers are repeat customers and more games just splits the attendance substantially increasing the cost in labor and prizes.

We have had to adjust our marketing strategy and over the years have been able to be successful in attracting a customer base from outside of Maine. Chief Kirk Francis has said “Our people work extremely hard marketing this game and we are second to none.” The Penobscot High Stakes Bingo is the only free standing High Stakes Bingo game left in the country. This means there are no slots or other attractions to supplement it. We are competing against big casinos such as Foxwoods in Connecticut that offer many amenities.
In these times of budget crunches and disappearing revenue it is important to note the following:

Every weekend that we conduct High Stakes Bingo it benefits the whole area economy. We hire 70 part-time workers who use their salaries to supplement their incomes.
We bus in a minimum of twenty-five buses for the weekends. Bus companies earn around $2,000 dollars per bus. Seven weekends a year X twenty-five buses at $2,000 equals $350,000 dollars.
The hotels in the area profit as well 400 to 700 rooms for one, two or three night stays seven times a year comes to an approximate value of $420,000 dollars a year. Restaurants profit as well at one, two, or three dinners a person a minimum of $15.00 dollars amounts to $168,000 dollars. Shopping at local Malls and Convenience stores estimates around $140,000 dollars not to mention advertising on TV, radio and newspapers at $9,000 dollars a weekend times seven. Local printers average $6,500 per weekend and then there’s postage at $7,900 per game weekend. It all adds up.

This has been Penobscot High Stakes Bingos contribution to the area economy for the past 14 years. The past few years have proven disastrous due to the introduction of Hollywood Slots. Our customers tend to spend less money, less money in that they choose to play Bingo only and will not buy the pull tabs instead they save their pull tab money to play the slots at Hollywood Slots located only ten miles away. If the Penobscot Nation cannot afford to operate it’s High stakes Bingo Games, the surrounding communities will feel the economic loss as well.

This is a very serious situation especially given the dire financial straights of the State. They are cutting close to 95million dollars from the budget and are looking to cut another 99 million.
Whole programs are in now in danger of being eliminated.

This bill does not have a fiscal note attached to it. Why? Because it will not cost the State money, it will make money and positively impact businesses in the surrounding communities and other organizations including the State General fund.

The State legislature has voted on a number of occasions to approve this slot bill. The governor stubbornly vetoes it every time. Legislators hate to vote against a governor’s veto and many times they will not.

The State debt keeps rising, placing State programs in more and more jeopardy. This bill has a positive fiscal note. Why not allow it to pass and accept the legislative vote? Why not do something positive to help this failing economy.

Governor Baldacci has claimed that gaming is not an economic tool. I think Hollywood Slots in Bangor has proven him wrong. The people of the State of Maine have legalized slot machines and the gaming industry has proven to be a lucrative one. It is time for Governor Baldacci to recognize this and utilize it for the economic tool it is. He has said he will not raise taxes, he is now putting that option back on the table.

Time to rethink gaming as well. Desperate times deserve desperate measures and unless he realizes this, his legacy will be the first Governor to allow the State of Maine to fall into bankruptcy.

Today, February 5, 2008 Justice Robert Crowley came before the Legislative Joint Standing Committee on the Judiciary for re-appointment to the Superior Court Bench.

For those of you who do not know this, Judge Crowley was the judge who placed three tribal chiefs under arrest for not complying with his court order to turn over internal tribal documents to the paper companies. I felt it was my duty as the Penobscot Nation tribal Representative to take Judge Crowley to task for his treatment and courtroom demeanor he showed during this contempt hearing in November of 2000.

I have included my testimony before the committee. I knew they would re-appoint him no matter what but I just wanted him to remember that Tribal Chiefs deserve respect in the courtrooms of this State. I think he got the message and I hope other judges will too. The committee did not confirm him with the usual speed. He had some time to think and remember. The following is my testimony in full:

Testimony before the Joint Standing Committee on Judiciary
Testimony against the Re-Appointment of Judge Robert Crowley to the Superior Court
February 5, 2008

By Representative Donna M Loring, Penobscot Nation

Good Afternoon Senator Hobbins and Representative Simpson and members of the Joint Standing Committee on Judiciary.

I stand before you today in opposition to the re-appointment of Judge Robert Crowley to the Superior Court. This is an action that I do not take lightly but I cannot sit idly by as the Penobscot Nation Representative and let this appointment go unchallenged.

Let me give you a bit of background before I go into my specific objections.
I will be talking about a particular contempt hearing where Judge Crowley placed three Tribal Chiefs under arrest. Chief Richard Doyle, Chief Richard Stevens and Chief Barry Dana.

On November 9, 2000 the Chiefs were ordered to the Androscoggin Court house for a contempt hearing. The Tribes had failed to turn over certain documents of tribal Council minutes and papers having to do with the river and our correspondence with the Passamaquoddy tribe, The Environmental Protections Agency and Federal agencies. The original motion was filed in State court under the State Freedom of Information Act. The filing was a result of the tribes opposition to the paper companies getting a direct permit to discharge pollutants into the rivers. Normally they have to go through EPA as well as the State DEP. Tribes fought this direct permit process and as a result the paper companies filed this motion for freedom of Access to our internal documents in State Court.

The preservation of clean water and a toxic free river was vital in maintaining the health of our tribal members, our tribal traditions and our culture. Judge Crowley ordered the tribes to turn over the requested documents. Now with this order by Judge Crowley we not only saw our quest for clean water but the very lives of our tribal members and our internal tribal matters in jeopardy. This was a very serious threat to our people and to our governments. The tribes refused to turn these documents over believing that this was indeed an internal tribal matter under Federal Indian Law. Our attorneys were prepared to make that argument.

As I arrived at the Court House that day I had no idea of what the out come would be but the way the hearing unfolded surprised and shocked me. I must say that while I was at this contempt hearing, I had to pinch myself to be certain I was not dreaming. I had such a sense of powerlessness. I felt I had traveled back in time to the late fifties and early sixties in the deep South.

This Judge gave the tribal chiefs not one iota of respect. He told them to stand up and identify themselves. There was a direct tone of disrespect. He cut off the tribal attorneys when they tried to talk about tribal sovereignty and Federal Indian law. He would not allow them to say anything about tribal government status, our culture or our traditions.

He continuously used the word “political subdivision” stating the tribes were not sovereign at all but total political sub-divisions of the State. He was an angry man. It showed in his tone and the way he addressed the chiefs and spoke to them. My problem is not with his decision although it was dead wrong, but with his demeanor and his degrading treatment of the Chiefs of three Tribal Governments.

There were around fifty or so tribal members and tribal sympathizers in the Court Room. I sat there observing this judge and his actions, his words and his demeaning tone, feeling incredulous that our chiefs and our attorneys could be treated so disrespectfully. The attorneys for the paper companies on the other hand were listened to intently and treated with respect and when the judge spoke he spoke in a civil tone in an almost friendly banter. I thought I knew where this was going. I did know but didn’t know how far this judge was going to go.

Judge Crowley stated that unless the Tribes Appealed in the State Court system that our Chiefs would go to jail until we decided to comply with his order. When the judge mentioned jail you could hear the whole courtroom take a collective breath in shock and disbelief. The Judge abruptly stood and left the bench. The Court security officer then proceeded to take the Chiefs into custody. The tribal attorneys quickly physically pulled the chiefs into the Judges chamber. They were able to persuade the judge to allow our chiefs to have the weekend to confer with their respective Tribal Councils. He reconvened and made the Chiefs stand as if they were criminals and promise one by one to return to his court on Monday with the papers or with an Appeal to the State Court system or be willing to go to jail. Talk about under duress and a gun to the head! This was not the way our chiefs or any citizen should be treated. We were forced to keep this case in the State system by fear tactics. (This blatantly unfair)

The tribes did appeal. The arrest order was not appealed, however, on appeal, (In the same court system we were forced to proceed in) the Maine Supreme Court ruled that yes we had to turn over documents but did find that “internal tribal matters” did pertain to some things and recognized our sovereign status in those areas. The Maine Supreme Court reached out and took the arrest threat off the table. They remanded the case back to Judge Crowley who proceeded to insist that these documents be turned over and gave the paper company attorneys the right to go into our offices located on our reservations and go though our administrative files. The tribes stated that these attorneys would not be allowed on tribal property, and the fact that this Judge granted that kind of access was again ignoring our sovereign status. Our attorney’s filed a motion to appeal this and the paper companies came back with a counter motion asking the judge to sanction our attorneys for frivolous motions and wasting the courts time. This put a chilling effect on our representation. The tribes decided to take the files off the reservation and turn them over in Augusta. The frivolous motion by the paper companies was never ruled on. The conduct of this judge in this case certainly does not reflect a judge who respects and treats people with civility and respect in his courtroom.
There was a lack of respect and civility in this judge’s courtroom.
Three tribal Chiefs were ordered to jail. There were threats of jail used to coerce the tribes into filing an appeal on this case in State Court to keep it in the State Court system. I would ask the committee to consider this judge’s conduct toward the Chiefs in his courtroom. I remind you again that I am not arguing his court decisions but rather his courtroom demeanor and treatment of the Tribal Chiefs.
Thank you.

Sorry I haven't posted anything for some time but I am working on a book which Tilbury House will publish within the next four or five months. It is a book about my legislative experience during the first four years I was in the legislature. It is a journal for the most part and at the end I talk about our continuing struggles. More on the book soon.

I was appointed to a Legislative committee last year and that committee met during the summer and had it's last meeting a few weeks ago. The committee was the "Prosperity Committee" I fought to be appointed to it seeing as though I felt Maine Indians were also Maine citizens and we deserve to be prosperous just like everyone else.

Committees have never been all that productive but I just wanted the tribes on the radar screen if anything lead to real prosperity. I did manage to get the tribes written into the first page of the report and also the committee chairs agreed to send a letter to the Department of Transportation asking them to work cooperatively with the tribes. That's not much, but it's something.

We are really trying to work towards economic self sufficiency with or without gaming. Perhaps at some point we will find the one successful project we need to launch us on the road to attain that goal.

I still have the slot bill out there and it looks like another dog fight with the Governor. I'm sure he will veto the bill. I feel it is no longer a question of expansion. slot machines are here and they have been legalized by the public. It is clear and simply a matter of fairness. Maybe this time enough legislators will see that and vote to override the pending veto.

For me it was never about gaming. It was always about fairness. I'm tired of talking about it and I'm sure everyone is tired of hearing it. The discussion and the debates will continue on this subject for a long time to come. I just want people to remember that for many years the word casino could not be spoken in the halls of the State House. If it was and someone heard it said then any bill that was associated with the word was dead on arrival.

The tribes were courageous enough to bring the idea forward. Did the tribes benefit from the idea? No..but someone did.

There was a memo passed around to all the legislators in the House asking if it was fair to allow one ethnic group to have a casino and shouldn't a casino be allowed to be operated by anyone? I got very upset and wrote back to this legislator that there was a casino operating now and it was not run by our ethnic group. One group was benefiting it was not us.

It is only a matter of time before there is a casino in Maine and I would be shocked if it was Indian run. We offered our hand in friendship and had every finger broken, It was very painful. It seems we have the ideas and history repeats itself. Indians get marginalized and their resources are stolen once again. I'm hoping someday the ending will change.

December 03, 2007 by: Gale Courey Toensing / Indian Country Today  PASSAMAQUODDY, Maine - The Passamaquoddy Tribe's recent racino proposal was narrowly defeated at a referendum after an anti-Indian casino group launched a last-minute campaign of negative television ads created by the same media firm the Swift Boat Veterans used to sink Sen. John Kerry's presidential bid in 2004. Casinos No! paid media consultants Stevens, Reed, Curcio and Potholm of Alexandria, Va., almost $195,000 during the last 10 days before the Nov. 6 statewide referendum for ''production costs'' and ''media buys,'' according to the Maine Ethics Commission.  Full story at http://indiancountry.com/content.cfm?id=1096416196.

NEDABE
November 26, 2007

NEDABE is Penobscot for “Special friend” Nedabe has been my special friend for almost fourteen years. He was my dog. A chocolate Lab. He was bright, sharp, smart, and always willing to give a kiss or two to someone in need. He loved people. He trusted people. He was truly a people dog.

I lost him today. I cried all day long knowing that the end may come Still when it did, it came so fast I was not prepared.

He leaves me with memories of playful happy times. He was not always the most considerate or careful dog, like the time in 1997 when he ran into my leg and broke it. Three operations later, and now I still love my boy.

He loved to ride in my truck. I had a Ford Ranger and he would always be after me to take him for a ride. All I had to do was pick up the truck keys and he would hear them and come running eagerly anticipating his ride.

I took him for his ride every morning for thirteen years, eleven of those years in the Town of Richmond Maine. We would go for our ride to get coffee and pick up the morning paper. The morning rides continued after we moved to Bradley Maine. We had a morning routine, I eat breakfast and he would follow me from room to room with those sad eyes until I finally would give in and take him for his ride. Those eyes could get me up off the couch in the middle of a baseball or football game and believe me that is a hard thing to do! When the eyes didn’t work he would start to snarl his lip over his teeth and bark a deep hoarse bark and keep it up until he got what he wanted.

Yes at times he was a real pain, but I would take all the pain again jsut to have him back. I know he is with me in spirit and will be until it’s my time.

Thank you “Nedabe”, my special friend, for all the love and companionship you’ve given me for thirteen plus years….I love you