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,
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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
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IRNMENT
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1988
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