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Article #9

Re: Cabins set on fire?

#9
From: Art Greenwalt
Date: Tue, 25 Mar 1997 00:00
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In article <3337494e.16085821@news.teleport.com>, dallen@teleport.com
(David Allen) wrote:

> "FBI" <garysc@bigfoot.com> wrote:
> 
> >Did anyone here about the cabins that Doyon Ltd. Set on fire? What do you
> >think about that? Ron Peltola, (those were his cabins) was there since
> >1967. way before the Alaska Native Land Claims act. He had grandfather
> >rights, whats your opinion?
> >
> 
> 
> The Alaska Natiive Claims **Settlement** Act, as the name implies,
> didn't create new rights, which might be junior to those of existing
> squatters; it settled outstanding claims.   Furthermore, the doctrine
> of adverse possession, sometimes known as "squatters rights" can't be
> invoked against a sovereign (which is why you can't squat on National
> Forest land and expect to get title someday) and Doyon Ltd. is a
> sovereign in the same sense that Alaska and the United States are
> sovereigns.
> 
> I was troubled by what seemed to be a violent act, if other avenues
> hadn't been fully explored; nevertheless, it seems as if Mr. Peltola
> had made it clear that he wasn't going to go voluntarily.   (My source
> is the coverage in the Tundra Drums, I have no personal knowledge).
> And I am even more troubled by the suggestion that Native land claims
> can be lightly disregarded by somebody who tries to say, with a
> straight face, "I was here first."  By definition, that person is
> wrong, and eviction from Indian country is justified.   Forceable
> resistance to lawful eviction has consequences.   Were these justified
> consequences?  I dunno.  But I haven't read anything that filled me
> with sympathy.    

  I think your last sentence sums up my feelings pretty well, too. When I
heard the first part of the news report last week or so on the radio at
first I was on Peltola's side.  But as the report unfolded and mention was
made of the numerous postings of warning letters by Doyon on the property,
all of which were ignored, I had to come around to their point of view.
Like yourself, I wonder about the method of "eviction" used.  It would
have seemed that a seizure would work to Doyon's further advantage in
having a working dwelling available to their local residents but not being
conversant with the full situation I can't pass much judgement on that.
  Peltola's history, at least in terms of game violations, was rather
checkered so he didn't seem like someone to work within the law in this
situation.
  It was perhaps not the best handling of the situation but given the laws
and efforts made for notification, I can't say Doyon was in the wrong.

  (And like you say, claims of "grandfather rights" seem rather ludicrous
given Mr. P's ancestry and the ancestry of those against whom he was
claiming.)
 
 ...Art

-- 
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From: art@polarnet.com (Art Greenwalt)
Subject: Re: Cabins set on fire?
Date: 1997/03/25
Message-ID: <art-2403972105290001@c2-ip140.polarnet.com>
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References: <01bc372b$972f1d60$447995ce@garysc.alaska.net> <3337494e.16085821@news.teleport.com>
Organization: University of Alaska, Fairbanks
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