Coyote Warrior

by Paul Van Develder

  Brown, B. Gratz. Letters to the Missouri Republican, August 8, 1851, to November 30, 1851. Columbia, MO: Missouri Historical Society, September 1956.

  Burdick, Usher L. Letter to Martin Cross, May 4, 1953.

  Case, Ralph. Expense account. Tribal Delegation in Washington, January 17, 1947.

  ———. Letter to George Gillette and Tribal Council, January 21, 1947.

  ———. Letter to Martin Cross, December 27, 1945.

  Cohen, Felix. Letter to Amos Lamson. Omaha Tribal Council, May 12, 1950.

  Cross, Martin. February 12, 1964.

  ———. July 22, 1963.

  ———. Letter toHarper’s Magazine, April 25, 1956.

  ———. Letter to John Shaw, June 23, 1954.

  ———. Letter to Marilyn and Kent Hudson, March 25, 1963.

  ———. Letter to Mrs. Alfred Zuger, January 21, 1947.

  ———. Letter to Robert Yellowtail, May 1953.

  ———. Letter to Sioux tribes on termination, December 22, 1951.

  ———. Letter to sister Alice, December 26, 1923.

  ———. Letter to sister Alice from Wahpeton School, January 15, 1924.

  ———. Letter to son Crusoe, July 10, 1951.

  ———. Letter to son Crusoe, September 24, 1951.

  ———. Letter to W. W. Short, February 24, 1953.

  ———. March 2, 1964.

  ———. Memo to NCAI members, June 19, 1963.

  ———. October 9, 1963.

  ———. Report on Governor’s Interstate Indian Council, October 29, 1962.

  ———. Telegram to Associated Press. Bismarck, ND, June 26, 1952.

  ———. Telegram to Senator William Langer, March 13, 1950.

  Curry, James E. Letter to Senator Zales N. Ecton, October 1, 1952.

  Department of the Interior. Lieu lands press release, December 4, 1946.

  Dickinson, Mrs. LaFell. Letter from Federation of Women’s Clubs supporting the Three Affiliated Tribes, July 10, 1946.

  Fort Berthold Bulletins [biweekly newsletters], January 1950-August 1954.

  Fort Berthold Superintendent’s personal log, 1907-1912.

  Fort Berthold Tribal Court. Minutes of hearings, December 4, 1946.

  Foster, W.G. Letter to Martin Cross and Senator Milton Young, March 11, 1950.

  Garner, Warner. Letter to Mr. De Lacy on Fort Berthold, July 30, 1946.

  Garrison Dam Closure Ceremony. Guest list and agenda, June 10, 1953.

  Garry, Joseph. Letter to member tribes of the NCAI, January 2, 1956.

  George, Frank. Letter to NCAI tribal chairmen, September 26, 1952.

  Kirk, Seldon. Letter to the BIA superintendent of the Klamath reservation, February 20, 1947.

  Krueger, Representative Otto. Letter to Martin Cross, December 28, 1953.

  Lewis, Orme. Letter to Senator Arthur Watkins, March 13, 1953.

  McNickle, D’Arcy. Letter to Martin Cross, May 1946.

  ———. Letter to Martin Cross, November 20, 1945.

  Missionary Herald. Notes on the Fort Berthold Mission, June 1877.

  Montclair, Floyd. Pamphlet by Montclair on Fort Berthold Indians. Minot, 1946.

  Myer, Dillon. Letter on termination to all regional BIA superintendents, August 1952.

  NCAI. Agenda of annual meeting. Billings, MT, November 1952.

  ———. Letter of appeal to modify P.L. 280, 1953.

  ———. Telegram to Martin Cross, January 7, 1956.

  New Ebbitt Hotel. Receipt for hotel room, January 15, 1947.

  Old Dog, Alice. Letter to Phyllis Old Dog Cross, May 14, 1966.

  Pick, Lewis. Transcript of meeting at Elbowoods High School with Three Affiliated Tribes on Garrison Dam. Archives, Four Bears Museum, Three Affiliated Tribes, May 27, 1946.

  Quinn, R. W. Letter to Warren Spaulding, BIA, September 21, 1951.

  Schulte, Q. R. Letter to Martin Cross, October 14, 1954.

  Shane, Ralph M. Letter to Colonel H. Hille, Army engineers, March 16, 1955.

  Short, W. W. Letter to Martin Cross, March 5, 1953.

  Three Affiliated Tribes. Constitution and bylaws, approved June 29, 1936.

  ———. Corporate charter, ratified April 24, 1937.

  ———. Report on meeting with BIA in Washington, March 15-28, 1953.

  Wheeler, General R. A. Letter to George Gillette, December 3, 1947.

  Whitman, Carl. Telegram to Floyd Montclair and Martin Cross, January 15, 1950.

  Yellowtail, Robert. Letter to Martin Cross, April 4, 1953.

  ———. Letter to Martin Cross, April 7, 1953.

  ———. Newsletter on the BIA, November 1952.

  ———. Newsletter on Termination, October 9, 1952.

  ———. Open letter to Indian tribes, May 1952.

  Young, Senator Milton R. Letter to Martin Cross, January 20, 1947.

  ———. Letter to Martin Cross, May 7, 1953.

  ———. Letter to Martin Cross, May 27, 1953.

  Zimmerman, William. Acting Indian commissioner’s statement and remarks to the Tribal Business Council of the Three Affiliated Tribes, Washington, D.C., January 21, 1948.

  GARRISON DIVERSION UNIT COMMISSION

  Cross, Raymond. Recommended changes to recommendations. Letter to Ike Livermore, December 14, 1984 (on file with author).

  ———. Statement to the Garrison Diversion Unit Commission, October 1984 (on file with author).

  Establishing Garrison Diversion Unit Commission.U.S. Public Law 360. 98th Cong., 2nd sess., July 16, 1984.

  GDUC. Commission members and biographical information (on file with author).

  ———. Congressional charter for commission, May 1984 (on file with author).

  ———. Final recommendations regarding Indian claims. Department of the Interior, 1985 (on file with author).

  ———. Summary of technical recommendations to Congress (on file with author).

  ———. Synopsis of final plan, December 14, 1984 (on file with author).

  ———. Transcripts of final meeting with Treen, Zorn, and O’Meara on recommendations to Congress, December 19, 1984 (on file with author).

  Livermore, Ike. “A Plea for Economic and Social Justice for the Fort Berthold and Standing Rock Indian Tribes and Reservations of North Dakota.” To Representative George Miller, House Resources Committee, March 31, 1987 (on file with author).

  Livermore, Ike, and Ann Zorn. Itinerary for trips to reservations, December 12, 1984 (on file with author).

  ———. “Observations on Visits to Fort Berthold and Standing Rock.” Report to members of GDUC, December 1984 (on file with author).

  Messing, Marc. Memorandum to Ike Livermore and Ann Zorn on fundamental Indian issues, December 10, 1984 (on file with author).

  ———. Memorandum to Ike Livermore and Ann Zorn regarding trips to reservations, December 6, 1984 (on file with author).

  U.S. House Committee on Interior and Insular Affairs. Hearing on the Garrison Diversion Unit Reformulation Act of 1986. 99th Cong., 2nd sess., April 9, 1986.

  U.S. House Subcommittee on Water and Power Resources of the Committee on Interior and Insular Affairs. Hearings on the Final Recommendations of the Garrison Diversion Unit Commission. 99th Cong., 1st sess., February 28, 1985.

  REPORTS, JOURNALS, MONOGRAPHS

  Case, Harold. “100 Years at Fort Berthold.” Bismarck, ND: State Historical Society of North Dakota, 1978.

  Cohen, Felix S. “Americanizing the White Man.” American Scholar 21 (Spring 1952).

  ———. “Erosion of Indian Rights.” Yale Law Journal 62 (February 1953): 348-390.

  Cross, Raymond. “Sovereign Bargains, Indian Takings, and the Preservation of Indian Country in the Twenty-First Century.” Arizona Law Review 40, no. 2 (Summer 1998).

  ———. “Tribes as Rich Nations.” Oregon Law Review 79, no. 4 (Summer 2001).

  ———. “Twice-Born from the Waters.” From a collection of essays edit
ed by Mark Spence. Berkeley: University of California Press, 2002.

  Deloria, Vine Jr. A Brief History of the Federal Responsibility to the American Indian, Based on the Report “Legislative Analysis of the Federal Role in Indian Education.” Department of Health, Education, and Welfare [Education Division]. Office of Education. Washington, D.C.: GPO, 1979.

  Deloria, Vine Jr., and Raymond J. Demallie. Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979. Norman: University of Oklahoma Press, 1984.

  Duran, Bonnie, with Eduardo Duran, and Maria Yellow Horse Brave Heart. “Native Americans and the Trauma of History.” In Studying Native American Problems and Prospects. Edited by Russell Thorton. Madison, WI: University of Wisconsin Press, 1998.

  Durning, Alan. “Guardians of the Land: Indigenous Peoples and the Health of the Earth.” World Watch 112 (1992).

  Fort Berthold Agency Report of 1943. Aberdeen, SD: Bureau of Indian Affairs, Regional Office, 1944.

  Friesema, H. Paul, and Charles S. Matzke. “Socio-Economic and Cultural Effects of the Garrison Dam upon Members of the Three Affiliated Tribes of Fort Berthold Indian Reservation: A Report to the Joint Tribal Advisory Commission,” May 1986 (on file with the author).

  Getches, David H. “Conquering the Cultural Frontier: The New Subjectivism of the Supreme Court in Indian Law.” California Law Review 84, no. 6 (December 1996).

  Grijalva, James. “Tribal Governmental Regulation on Non-Indian Polluters of Reservation Waters.” North Dakota Law Review 71, no. 2 (1995).

  Grijalva, James, with Richard A. DuBey. “The Assertion of Natural Resource Damage Claims by Indian Tribal Trustees.” Environmental Claims Journal 4, no. 2 (Winter 1991-1992).

  Hill, George W. “Rural Migration and Farm Abandonment.” Washington, D.C.: Federal Relief Administration, 1935.

  “The Indians and the Pick-Sloan Plan.” Missouri River Basin Investigations 67. Department of the Interior. Washington, D.C.: GPO, November 1948.

  Jenkinson, Clay Straus. “The West of Jefferson’s Imagination.” Halcyon: Journal of the Humanities 13 (1991).

  Johnson, Jerome E., and Richard J. Goodman. “Negative Impacts of Garrison and Oahe Reservoirs on the North Dakota Economy.” Department of Agricultural Economics. Fargo, ND: North Dakota State University of Agriculture and Applied Science, April 1962.

  Lemkin, Raphael. “Axis Rule in Occupied Europe.” Washington, D.C.: Carnegie Endowment for International Peace, 1944.

  Maass, Arthur A. “Congress and Water Resources.” American Political Science Review 44 (1950).

  Macgregor, Gordon, ed. “Attitudes of the Fort Berthold Indians Regarding Removal from the Garrison Reservoir Site and Future Administration of Their Reservation.” Missouri River Basin Investigations. Department of the Interior. Washington D.C.: GPO, August 1947.

  McLaughlin, Castle, and Tracy J. Andrews. “Nation, Tribe, and Class: The Dynamics of Agrarian Transformation on the Fort Berthold Reservation.” American Indian Culture and Research Journal 22, no. 101 (1998).

  “McLean County Heritage.” Washburn, ND: McLean County Historical Society, 1978.

  Merriam, Lewis et al. “The Problem of Indian Administration” [also known as the Merriam Report]. Baltimore: Johns Hopkins University Press, 1928.

  Meyer, Roy. “Fort Berthold and the Garrison Dam.” North Dakota History 35, no. 215 (1968).

  ———. “The Resources, People, and Administration of Fort Berthold Reservation.” Missouri River Basin Investigations 60. Department of the Interior. Washington, D.C.: GPO, August 1948.

  Robinson, Michael. “Water for the West.” Chicago: Public Works Historical Society, 1979.

  Russell, Brian Keith. Promise of Water: The Legacy of Pick-Sloan and the Irrigation of North Dakota. North Dakota Humanities Council, 2002.

  “Seeking a Re-study and Investigation and Due Consideration of Treaty Rights for the Three Affiliated Tribes on the Fort Berthold Indian Reservation; Opposing the Garrison Dam Project and Urging Relocation of the Dam.” Three Affiliated Tribes Fight Eviction. Fort Berthold Indian Defense Association. Elbowoods, ND, 1945.

  ———. “Social and Economic Impacts of Garrison Dam on the Indians of the Fort Berthold Reservation.” Missouri River Basin Investigations 2. Department of the Interior. Washington, D.C.: GPO, 1949.

  Thornthwaite, C. Warren. “Climate and Settlement in the Great Plains.” In Climate and Man: Yearbook of Agriculture. Washington, D.C., 1941.

  Tsosie, Rebecca. “Tribal Environmental Policy in an Era of Self-Determination.” Vermont Law Review 21 (1996).

  Tyler, S. Lyman. Indian Affairs: A Study of the Changes in Policy of the United States Toward Indians. Provo: Institute of American Indian Studies, 1964.

  ———. Indian Affairs: A Work Paper on Termination with an Attempt to Show its Antecedents. Provo: Institute of American Indian Studies, 1964.

  Zimmerman, William Jr. “The Role of the Bureau of Indian Affairs since 1933.” Annals of the American Academy of Political and Social Science 311 (May 1957).

  GOVERNMENT DOCUMENTS (REPORTS, HEARINGS, LEGISLATION, SPEECHES)

  “Background Data Relating to the Three Affiliated Tribes of the Fort Berthold Reservation Located in the State of North Dakota.” Bureau of Indian Affairs Report. Washington, D.C.: GPO, 1954.

  Black Hills Settlement Act. U.S. Public Law 243. 95th Cong., 2nd sess. U.S. Statutes at Large 92, pt. 1, March 10, 1978.

  Chapman, Oscar. Transcript of “lieu lands” meeting between BIA, Martin Cross, Army engineers, Bureau of Reclamation, and Felix Cohen in Chapman’s Office on December 16, 1946. Washington, D.C.: Department of the Interior, 1946.

  Eisenhower, Dwight. Speech made on Public Law 280 and termination at Lowery Air Force Base in Denver, CO, in August 1953. Reprinted in the Pine Ridge news bulletin, September 1, 1953.

  Establishing Garrison Diversion Unit Commission. U.S. Public Law 360. 98th Cong., 2nd sess., July 16, 1984.

  Establishing the Indian Claims Commission. U.S. Public Law 726. 79th Cong., 2nd sess. U.S. Statutes at Large 60, pt. 1, August 13, 1946.

  Establishing State Jurisdiction over Indian Nations in Civil Disputes. U.S. Public Law 280. 83rd Cong., 1st sess. U.S. Statutes at Large 67, August 15, 1953.

  Flood Control Act of 1944. U.S. Public Law 534. 78th Cong., 2nd sess. U.S. Statutes at Large 58, pt. 1, December 14, 1944.

  The Fort Berthold Taking Act. U.S. Public Law 437. 81st Cong., 1st. sess. U.S. Statutes at Large 63, pt. 1, October 29, 1949.

  General Allotment Act [also known as the Dawes Act]. U.S. Statutes at Large 24 (1887): 388.

  Indian Appropriations Act of 1892. U.S. Public Law 478. In Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979. Edited by Vine Deloria Jr. and Raymond J. Demallie. Norman: University of Oklahoma Press, 1999.

  Lieu Lands Act for Fort Berthold [also Civil Functions of the War Department]. U.S. Public Law 374. 79th Cong., 2nd sess. U.S. Statutes at Large 60, pt. 1, May 2, 1946.

  Missouri Basin Inter-Agency Committee. Report on Adequacy of Flows in the Missouri River. Department of the Interior. Omaha, 1951

  Missouri River: A Letter from the Secretary of War: Referred to the Committee on Rivers and Harbors, February 5, 1934. 73rd Cong., 2nd sess. As ordered by the Flood Control Act of January 21, 1927. Washington, D.C.: GPO, 1935.

  Myer, Dillon. Speech on termination to the western governor’s conference at Phoenix, AZ, December 9, 1952.

  National Environmental Policy Act. U.S. Public Law 91-190. 91st Cong., 2nd sess., January 1, 1970.

  Reclamation Act of 1939. U.S. Public Law 76-260. 76th Cong., 1st sess. U.S. Statutes at Large 53, pt. 2, August 4, 1939.

  Replacing Lieu Lands Conditions with Cash Settlement. U.S. Public Law 296. 80th Cong., 1st sess. U.S. Statutes at Large 61, pt. 1, July 31, 1947.

  Roosevelt, Franklin. Letter to Congress on desirability of Missouri Valley Authority. Congressional Record, September 21, 1944. Washington, D.C.: GPO, 1945.


  U.S. Congress. Declaration of Indian Rights. 83rd Cong., 2nd sess. Congressional Record, March 11, 1954. Washington, D.C.: GPO, 1954.

  ———. Northwest Ordinance of 1787. 2nd Cong., 1st sess. U.S. Statutes at Large 50. Adopted on August 7, 1789.

  ———. Representative Usher Burdick charges the Army Corps of Engineers with unconstitutional taking of Fort Berthold, and violating treaties. 83rd Cong., 1st sess. Congressional Record 99, pt. 3 (April 20, 1953). Washington, D.C.: GPO, 1954.

  ———. Senator Barry Goldwater speaking against termination legislation. 86th Cong., 1st sess. Congressional Record, March 9, 1959. Washington, D.C.: GPO.

  U.S. Department of the Interior. Conference with Delegation from Fort Berthold Tribal Council on March 20, 1953. From the files of Homer Jenkins, Program Officer, and Ross Landon, Program Counsel. Meeting chaired by Warren Spaulding, Deputy Commissioner of the Bureau of Indian Affairs.

  U.S. General Accounting Office. Descriptive Data on Garrison Diversion Unit and Other Reclamation Projects, RED-76-80, March 5, 1976. Washington, D.C.: GPO, 1976.

  U.S. House. Congressman James Murray speaking on the need for a complete revision of federal Indian policy. 85th Cong., 2nd sess. Congressional Record, April 17, 1958. Washington, D.C.: GPO, 1958.

  ———. Congressman Lee Metcalf speaking on proposed revision of federal Indian policy and P.L. 280. 85th Cong., 2nd sess. Congressional Record, April 17, 1958. Washington, D.C.: GPO, 1958.

  ———. Congressman William Lemke speaking on the injustice of the Fort Berthold takings act. 81st Cong., 1st sess. Congressional Record, October 20, 1949. Washington, D.C.: GPO, 1950.

  ———. The Pick Plan. 78th Cong., 2nd sess. House Doc. no. 475, 1944.

  ———. Report on House Resolution 108 Authorizing the Committee on Interior and Insular Affairs to Conduct an Investigation of the Bureau of Indian Affairs. HR 2680, September 20, 1954. Washington, D.C.: GPO.

  U.S. House Committee on Interior and Insular Affairs. Garrison Diversion Unit Reformulation Act of 1986, Accompanying HR 1116. 99th Cong., 2nd sess., April 9, 1986. H. Rept. 525.

  ———. Garrison Unit Joint Tribal Advisory Committee: Hearings on HR 2414 to Implement Certain Recommendations. 102nd Cong., 1st sess., October 30, 1991, November 4, 1991.