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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (April 19, 1983)
Tuesday, April 19, 1983/The Battalion/Page ndians, state vie again or hunting-fishing right Jnited Press International ISHINGTON —The Sup- Court court will hear argu- today in a 5-year-old con- ver the rights of states vs. ghtsof Indians on reserva- within those states. - ew Mexico, supported by briefs from eight other :rn and Rocky Mountain ,argues it has the right to jnting and fishing regula- on reservations, he state also contends it is jrned about animals who [te off reservations onto lands. 5 wyers for the Indians of Mescalero Apache Tribe, live on a 460,000-acre re- [4 lionnear the resort town of dso, N.M., counter that a treaty gives them eignty over all hunting, M;: Evaoli rata studr Alcii a 'n mat iff :s reoij :e60di rovi credii bed "hortt ! ■ : voa aid bi Irani tion thebai g as in days lelhaJ raani adin{! idedl neveri fishing and wildlife on the reser vation. Today, Tom Dunigan will argue the state’s rights case be fore the Supreme Court. He said the court’s final decision will apply to New Mexico’s 26 reser vations and to all other reserva tions in the United States. “It’s a recurring case of in terest to other states nationally,” Dunigan said. “You’re not talk ing about a little piece of land in southern New Mexico. You’re talking about numerous states that have the same problem.” Challenging New Mexico will be federal lawyers who side with the Indians. “The tribe is concerned that state enforcement of conflicting laws will injure the tribe’s repu tation, damage its good will and result in lost income due to a decline in the sale of tribal hunt ing licenses,” one of the attor neys said. The government also said the state’s interest in the case is “at least partially financial” because of fears it could lose federal funding distributed on the basis of number of acres and number of hunting licenses. The 2,000-member tribe, which entered the resort busi ness with federal aid to compen sate for declining revenues from lumber interests, gets hunting and fishing revenues of at least $260,000 yearly. In the nearly six years since the controversy developed, the case has been debated twice be fore a federal district court, twice before the 10th Circuit Court of Appeals and once be fore the Supreme Court. Every time, the Indians won. The controversy began after the tribe built a deluxe resort in 1977 and, with the approval of federal officials, issued reserva tion regulations saying no state licenses were required. The tribe also set fish and game sea sons and bag limits which con flicted with state regulations. At least 97 percent of the visi tors to the Inn of the Mountain Gods are non-Indians and many have bought “package hunt” deals. When New Mexico Game and Fish officers began arresting non-Indians who had followed the reservation regulations while hunting on Indian lands, the tribe filed suit. Officials in Arizona, Califor nia, Montana, Nevada, South Dakota, Utah, Washington and Wyoming have filed court docu ments on behalf of New Mexico. leaving for the summer? Force blamed for defects Court rejects boy’s case United Press International ASHINGTON — The Sup- leCourt Monday rejected an pi from a boy, 5, who suf- severe birth defects because mother, then in the Air ;e,was given a measles vacci- m while pregnant. Without comment, the jus- refused to hear Charles e [ isScales’ request to reinstate lu 125,000 judgment holding jy | jovernment responsible for Jfflictions. lubella, or German measles, ause serious birth defects if len are exposed to the dis- while pregnant, tales is mentally and physic ally retarded, has hearing and vision impairments, a heart murmur and respiratory prob lems. He has undergone open heart surgery and two cataract operations so far, and probably will need care all his life, a court found. The boy’s lawyers contend the government is at fault for not checking Judy Renee Scales for pregnancy before giving her a rubella vaccination when she joined the Air Force in 1977. In addition, they say, doctors at Lackland Air Force Base in San Antonio later failed to tell Scales she had contacted prob able rubella when she was hos pitalized a month later for a rash, nausea and stiff joints. And after her transfer to Keesler Air Force Base in Biloxi, Miss., doctors did not request her earlier medical records when they found out she was pregnant and failed to warn her of the effects of rubella on un born children. Scales testified she would have had an abortion had she known. Attorney for her son sued the government in a federal court in Texas, citing a law that holds the government liable for personal injury or property damage caused by the negligence of any government employee. The trial judge awarded the boy $625,000 in damages. But in September 1982, the 5th U.S. Circuit Court of Appeals in New Orleans reluc tantly overturned the award. It found the boy’s claim was barred by one major exception laid down by the Supreme Court in 1950 to government liability — injuries to military personnel. In this case, the court hefd, the injury was to an infant but the treatment causing it was pro vided to the mother. Scales was discharged from the Air Force after Charles was born in March 1978. Sian holds aunt hostage United Press International ANTONIO — A woman was held hostage in her efor more than 15 hours by nephew tried to escape ugh a front door, allowing :e to enter and apprehend knife-wielding man. foone was injured, he man, identified only as a ' (enter in his mid-30s from ico City, was arrested about 2:15 a.m. Monday after having held his aunt at knifepoint since Sunday morning. Police answered, a disturb ance call at the small woodframe house in west San Antonio about 10:30 a.m. Sunday and were met at the front door by a man hold ing a knife to the woman’s throat. Police said the woman, in her late 40s, tried to escape through the front door, which was barri caded with a sofa, at about 2 a.m. while the man was in a bathroom in the back of the house. Officials said the man re turned and apparently wrestled with the woman and they both fell through the screen door. A police SWAT team apprehended the man on the front porch about 2:15 a.m. Authorities said the suspect was taken into custody and charges of making terroristic threats were pending. Reporters at the scene esti mated between 25 and 35 peo ple had been evacuated from the block surrounding the house during the day. Authorities said the woman lived in the house and her nephew had stayed there on previous occasions. % don’t leave Aggieland THE 1983 STUDENT GOVERNMENT ' < AWARDS BANQUET I fwitllOUt yOUT WILL BE HELD TUESDAY, APRIL 19 IN 201 MSC, 7:00 P.M. TICKETS AVAILABLE 219 PAVILIOIi EVERYONE INVOLVED IN STUDENT GOVERNMENT DURING 1982-83 IS ENCOURAGED TO ATTEND. tUDENT S A & M IRNMENT INI V IL RS IT V 1988 AGGIE LAND : • . . - ' ■ '• ■ \ i Come by... Room #316 Reed McDonald 8 a.m. to S p.m.