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Authors: Louise Erdrich
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not have personal jurisdiction over them or subject matter jurisdiction over the transactions, which were the basis for the plaintiffsâ complaint.
The Court found that although the gas station building itself was located on allotment #122093, the parking lot, garbage Dumpster, sidewalk, pumps, fire hydrants, sewage system, leach field, concrete parking barriers, outside picnic tables, and decorative flower planters were all located on tribal trust land, and that in order to enter the Vinland Super Mart, customers, 86% of whom were tribal members, had to drive and then to walk across tribal trust land.
This court claimed jurisdiction over the case and as there was no evidence presented to deny the surcharge had taken place found in favor of the plaintiffs.
My father had kept this one aside.
It seems like an ordinary enough case, I said. I tried to keep the disappointment out of my voice.
I was able in that case to claim limited jurisdiction over a non-Indian-owned business, said my father. The case held up on appeal. There was some pride in his voice.
That was satisfying, he went on, but that is not the reason Iâve pulled the case. Iâve marked it out to examine it further because of the people involved.
I looked back at the file.
Tommy Thomas et al. or the Larks?
The Larks, though Grace and George are dead. Linda survives. And their son, Linden, who is not mentioned or involved here, but who figures in another action, one more emotionally complicated. The Larks are the sort of people who trot out their relationships with âgood Indians,â whom they secretly despise and openly patronize, in order to prove their general love for Indians, whom they are engaged in cheating. The Larks were bumbling entrepreneurs and petty thieves, but they were also self-deceived. While their moral standards for the rest of the world were rigid, they were always able to find excuses for their own shortcomings. It is these people really, said my father, small-time hypocrites, who may in special cases be capable of monstrous acts if given the chance. The Larks, in fact, were shrill opponents of abortion. Yet at the birth of their twins, they had been willing to put to death the weaker and (as they thought at the time) deformed member, a baby girl. The whole reservation knew about it because one of the nurses at the hospital removed the damaged twin. A tribal member, Betty Wishkob, who was a night janitor, succeeded in adopting the infant. Which brings us to the other case.
In the Matter of the Estate of Albert and Betty Wishkob
Albert and Betty Wishkob, both enrolled members of the Chippewa Tribe and residents on the reservation, died intestate and with four children, Sheryl Wishkob Martin, Cedric Wishkob, Albert Wishkob Jr., and Linda Wishkob, who was born Linda Lark. Linda was informally adopted by the Wishkobs and raised among their family as an Indian. At the death of her adoptive parents, the other children, who had moved off reservation, agreed to let Linda continue living as she had in the home of Albert and Betty, which is situated on allotment #1002874, consists of 160 acres, and was returned to Tribal Trust after the Indian Reorganization Act of 1934. On January 19, 1986, the biological mother of Linda Lark Wishkob, Grace Lark, appealed to this court to allow her to assume guardianship of her now middle-aged daughter, Linda, in order to manage her affairs.
Grace Lark claimed that an illness contracted after Linda underwent a difficult medical procedure left Linda severely depressed and mentally confused. Grace Lark openly stated that she was interested in developing the 160 acres that she claimed had been left to Linda after her adoptive parentsâ death.
The last paragraph was handwritten, an aside for my fatherâs eyes only.
As Linda is non-Indian by blood, as there is no legal evidence that the Wishkobs formally adopted Linda, as Grace Lark made no attempt to contact the other three inheriting
The Court found that although the gas station building itself was located on allotment #122093, the parking lot, garbage Dumpster, sidewalk, pumps, fire hydrants, sewage system, leach field, concrete parking barriers, outside picnic tables, and decorative flower planters were all located on tribal trust land, and that in order to enter the Vinland Super Mart, customers, 86% of whom were tribal members, had to drive and then to walk across tribal trust land.
This court claimed jurisdiction over the case and as there was no evidence presented to deny the surcharge had taken place found in favor of the plaintiffs.
My father had kept this one aside.
It seems like an ordinary enough case, I said. I tried to keep the disappointment out of my voice.
I was able in that case to claim limited jurisdiction over a non-Indian-owned business, said my father. The case held up on appeal. There was some pride in his voice.
That was satisfying, he went on, but that is not the reason Iâve pulled the case. Iâve marked it out to examine it further because of the people involved.
I looked back at the file.
Tommy Thomas et al. or the Larks?
The Larks, though Grace and George are dead. Linda survives. And their son, Linden, who is not mentioned or involved here, but who figures in another action, one more emotionally complicated. The Larks are the sort of people who trot out their relationships with âgood Indians,â whom they secretly despise and openly patronize, in order to prove their general love for Indians, whom they are engaged in cheating. The Larks were bumbling entrepreneurs and petty thieves, but they were also self-deceived. While their moral standards for the rest of the world were rigid, they were always able to find excuses for their own shortcomings. It is these people really, said my father, small-time hypocrites, who may in special cases be capable of monstrous acts if given the chance. The Larks, in fact, were shrill opponents of abortion. Yet at the birth of their twins, they had been willing to put to death the weaker and (as they thought at the time) deformed member, a baby girl. The whole reservation knew about it because one of the nurses at the hospital removed the damaged twin. A tribal member, Betty Wishkob, who was a night janitor, succeeded in adopting the infant. Which brings us to the other case.
In the Matter of the Estate of Albert and Betty Wishkob
Albert and Betty Wishkob, both enrolled members of the Chippewa Tribe and residents on the reservation, died intestate and with four children, Sheryl Wishkob Martin, Cedric Wishkob, Albert Wishkob Jr., and Linda Wishkob, who was born Linda Lark. Linda was informally adopted by the Wishkobs and raised among their family as an Indian. At the death of her adoptive parents, the other children, who had moved off reservation, agreed to let Linda continue living as she had in the home of Albert and Betty, which is situated on allotment #1002874, consists of 160 acres, and was returned to Tribal Trust after the Indian Reorganization Act of 1934. On January 19, 1986, the biological mother of Linda Lark Wishkob, Grace Lark, appealed to this court to allow her to assume guardianship of her now middle-aged daughter, Linda, in order to manage her affairs.
Grace Lark claimed that an illness contracted after Linda underwent a difficult medical procedure left Linda severely depressed and mentally confused. Grace Lark openly stated that she was interested in developing the 160 acres that she claimed had been left to Linda after her adoptive parentsâ death.
The last paragraph was handwritten, an aside for my fatherâs eyes only.
As Linda is non-Indian by blood, as there is no legal evidence that the Wishkobs formally adopted Linda, as Grace Lark made no attempt to contact the other three inheriting
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