Treaty crisis: cultures in conflict

              TREATY CRISIS: CULTURES IN CONFLICT
PROFILE:
James Holperin
By Doug Meli
state government reporter
When James Holperin campaigned for the state Assembly in late 1982, he wasn't asked about Chippewa Indian treaty rights.
How times change.
Holperin, whose 34th Assembly District includes the Lac du Flambeau Chippewa reservation, now estimates that he spends at least half his time on the contentious treaty-rights issue.
His participation in that debate — called courageous by his fellow Democrats — led this year to a historic recall campaign. Holperin easily dispatched two political oppo¬ nents in March and April elections, however, to remain in office.
Holperin supported an attempt last year to lease the Lac du Flambeau's 19th century treaty rights for some $50 million over 10 years. That agreement, reached between state and Indian negotiators, was intended to cut down on the annual confrontations that occur when the Chippewa take to off-reservation northern lakes to spear gamefish.
After the band turned down the agreement, a group op¬ posed to spearfishing, Stop Treaty Abuse, gathered 4,535 signatures on petitions to force the first recall election of a legislator since 1932. The 1932 recall also was unsuccess¬ ful.
Holperin, who wondered openly during the campaign about whether opposition to treaty rights would do him in, waged an expensive and laborious campaign. He called on the resources of the state Democratic Party, as well as his fellow legislators, and ended up running as much against the recall process itself than his two opponents.
Holperin easily outdistanced Democratic primary oppo¬ nent Gene Ahlborn, and then overwhelmed Republican challenger Brian Sherren.
It's unclear, however, whether Holperin's big win will mean he will face little or no opposition in the fall election.
Holperin said after his general-election win that the victory was a repudiation of single-interest groups who abuse the recall process.
The charge that Holperin faced repeatedly during the campaign, which he vigorously denied, was that he has been co-opted by legislators from Dane County and Milwaukee, meaning that he doesn't fight for the particular interests of his North Woods constituents. Holp¬ erin's opponents, however, said this issue was drowned out by the constant criticism leveled by Holperin and a score of other Democratic Party officials that the recall effort simply was unfair.
Holperin is held in high regard by his Democratic col¬ leagues, who said he doesn't duck tough issues, even when particular stands could endanger his career.
"He's a profile in courage," said Assembly Speaker Thomas Loftus, D-Sun Prairie, who is running for gover¬ nor.
Holperin's problems developed, Loftus said, because "he wanted to be a leader. He felt that it was important for him to be a leader" on treaty rights. "He tackled it head- on."
"I think he attempted to be the voice of reason in a very volatile situation," said Rep. David Travis, D-Madison, who serves with Holperin on the Legislature's Joint Fi¬ nance Committee.
"I think he took a very courageous stand and tried to re¬ solve probably the most emotional issue we have facing the state of Wisconsin," Travis said.
Holperin's critics contended, however, that the legisla¬ tor remains distant from the district.
"We would like him to represent us," said Dean Crist, a STA leader. "He flatly goes against 90 percent of his dis¬ trict."
Spearfishing didn't dominate public discourse back in 1982 when Holperin, a former legislative aide and radio-
Associated Press Rep. James Holperin survived historic recall attempt.
TV announcer, was pounding on doors in his first Assembly bid.
"I had no idea this would be an issue at the time," Holp¬ erin said.
But shortly after Holperin took office in January 1983, the federal court system changed the agenda. The 7th U.S. Circuit Court of Appeal told U.S. District Judge James Doyle Sr. that he erred in ruling the Chippewa Indians gave up their hunting, fishing and gathering rights in the northern third of Wisconsin when they accepted reserva¬ tion status in the 1800s. A lawsuit was sent back to Doyle and he was told to define those treaty rights.
"Ever since then, it's been an issue," Holperin said.
As a finance committee member, Holperin deals with the intracacies of state government. Every time the Legis¬ lature wants to spend a dollar, or millions of them, the committee has to pass judgment.
About the recall election, Holperin said, "It's frustrat¬ ing to have done what you considered to be the best for your constituents. . . and run into this sort of organized effort," Holperin said.
The recall effort quickly turned into a war of words be¬ tween Democratic and Republican party officials.
Democrats accused Republicans of aiding and abetting the recall effort because of the chance it would provide for minority party in the Legislature to pick up a seat. Demo¬ crats said it was wrong to side with extremists in the treaty-rights debate for simple political advantage.
Republicans answered that they had no involvement in the recall effort, despite that fact that state Sen. Donald Stitt, R-Port Washington, a former party chairman, helped the recall effort financially. The Republicans said they had a responsibility to help the Republican candidate once an election had been scheduled.
Schools
battle
racism
"Our staff needs to be aware of Indian problems and attuned to student problems. Our kids in today's society are walking in two sets of moccasins in two different worlds. To consider Indians of Wisconsin as a single mass is like saying all whites are the same."
John T. Ward,   Winnebago Indian and Black River Falls home-school coordinator.
By Roger A. Gribble
Wisconsin State Journal
BLACK RIVER FALLS — At Black River Falls High School, teachers and administrators worry about the ef¬ fect of Chippewa spearfishing on their racially mixed student body even though the closest boat landings for walleye spearing are more than 70 miles away.
To head off tensions at the time whites in the North Woods are protesting Chippewa activities off-reserva¬ tion, this school schedules a "Native American Aware¬ ness Week" every year just before the start of spearfish¬ ing.
But that is only part of what goes on in this school dis¬ trict where 15 percent of the students are Winnebago In¬ dians.
The district has a program that wins kudos from In¬ dians and others, beginning with elementary school courses and including a required freshman history class on Native American culture.
And the school has made headway with local Indians by cutting .the school dropout rate of Winnebago students from more than 30 percent in 1980 to 2 percent.
Said Roger Sands, Black River Falls High School prin¬ cipal: "We're attuned to the types of conflicts arising in the state, such as spearfishing.
"When these things come up, we're very conscious of trying to deal with them," added Sands. "Throughout the week we make it a point to share native American cul¬ ture," he said. "The more students can understand the uniqueness of these people, the better they'll be able to deal with them."
Last year, Sands received a Man of the Year Award from the Winnebago Nation "for his sensitivity to the needs of the Indian students and his sincere dedication to furthering the cause of education of minorities."
That award stems in part from the school's reduced dropout rate for Indians.
The school also recently received a Friend of Indian Education Award from the Wisconsin Indian Education Association.
During Native American Awareness Week, native American food is served in the cafeteria and speakers, both native American and white, come in.
"A UW-Stevens Point professor knowledgeable about treaties gives kids an understanding of the legal issues, presenting both sides," said Sands. "We generally find if we give kids enough information, they're pretty good at understanding the issues. We really present the facts and issues and try not to get wrapped up in emotions."
Instruction about the Winnebago Indians begins in the school district in the third and fourth grades.
A course that includes an extensive unit on native American culture, specifically the Winnebago tribe, is required of all freshmen.
Students in the class see it as a real plus.
Lance Blackdeer, an Indian freshman, sees it this way: "You can have a lively discussion in class and still be friends when you leave."
The class has discussed spearfishing, Blackdeer said, "and most here think they shouldn't be able to spearfish. I feel they should .... Sometimes you can disagree and still get along."
Sarah Lanphear, a white student, said, "I think white
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