From: Robert Dorman <redorman@theofficenet.com>

Unfortunately, I do not have the article to which Mr. Mocilnikar refers.
If someone can email it to me, I will post it along with this rebuttal.

--Bob Dorman

>To: redorman@theofficenet.com
>Subject: response to Eugene Kaye
>X-Mailer: Juno 1.49
>From: james j mocilnikar <jjmoman@juno.com>
>Date: Tue, 07 Dec 1999 16:04:40 EST
>
>Bob,
>this is in response to Eugene Kaye's editorial in Tutuveni, Nov. 10 which
>was signed Office of the Chairman, Hopi Tribe. J
>
>Fact Finding
>
>I commend Eugene Kaye’s sentiment [Tutuveni, Nov. 10] about the
>importance of factual accuracy. At times, I have questioned the accuracy
>of the Daily Sun myself. While he decries the "clear absence of critical
>facts," its unfortunate that the facts he uses on the very same page
>don’t stand the light of day.
>
>Let’s take the 1882 Executive Order Reservation which he says was
>established by "Chester Arthur for the exclusive use of the Hopi Tribe".
> Actually, the 1882 document says the arbitrary rectangle was set aside
>"for the Moqui [Hopi] and such other Indians as the Secretary of
>Interior sees fit to settle thereon". When Hopi Chairman Healing took
>Navajo Chairman Jones to the Supreme Court in 1963, the Justices
>reaffirmed this doctrine. They supported Navajo’s 50% right to the
>minerals and the surface of the Joint Use Area within the 1882
>reservation.
>
>Curiously, Mr. Kaye blames the Navajo for encroachment and fails to
>mention non-Indians. The other 95% of Hopi aboriginal territory was
>given away from Washington by decree. To the railroads, the mining
>companies, the timber industry, the Forest Service, the Park Service,
>homesteaders, and the Navajo. It has been suggested that the 1882
>reservation was intended to keep the Mormons out.
>
>Indeed, its non-Indians that are removing Woodruff Butte, an aboriginal
>landmark, for road gravel; restricting Hopi access to eagles at Wupatki,
>and removing, contaminating, and exporting Hopi water. There’s little
>doubt that Hopi has gotten the shaft. Was it Navajo that gave it to
>them? Back to the facts, the Hopi Tribal Council approved the Indian
>Claims Commission suit to sell the 95% of aboriginal claims to Washington
>at 19th Century prices. The same attorney initiated Healing v. Jones and
>the Peabody coal leases.
>
>Yet, Mr. Kaye clings to "three sovereigns". The sovereignty of the
>Office of the Chairman is another questionable fact. From my limited
>knowledge of Hopi history, each village is sovereign and the idea that
>anyone could assume authority over all the villages was un-Hopi.
>Unfortunately, when Washington’s New Deal brought constitutional
>democracy to Hopi, the 85% of voters who boycotted the election were not
>counted as no votes. The Hopi Tribal Council (HTC) won 8 to 92. Since
>then, villages have often withheld their delegates to the HTC, plaguing
>it with a persistent lack of quorum. Not only that, Congress claims
>"plenary [complete and total] power" over Indians who were wards of the
>state when the Navajo Business Council was created for Standard Oil.
>Yet, there seems to be a sovereign masquerade. The emperor’s new clothes
>reveal his nakedness.
>
>In the clear absence of critical facts, what does it mean when peaceful
>settlement is used to describe the Accommodation Agreement. The signers
>and non-signers of the so-called agreement tell of strong-arm attempts to
>get their signatures. Surveillance by Hopi Rangers with BIA Police
>escort to count sheep and extended family members. When friends come to
>herd sheep for the elderly who feel they are under siege, Mr. Kaye calls
>them "outside agitators...advocating violence". He points to "divisive
>and hateful efforts". I was taught that when I point at someone else,
>three fingers are pointing back at me.
>
>On this issue, it appears the HTC has advanced through the first three
>stages of domestic violence. Isolation of those who have resisted
>relocation. Blame, shame and guilt for having been born on the wrong
>side of the fence. Intimidation to create fear lest they step out of
>line. The verbal abuse is beginning. If the cycle is not interrupted,
>violence is inevitable. There is a state of emergency at Hopi.
>
>James J. Mocilnikar
>1911 N. 2nd St.
>Flagstaff, AZ 86004
>226-9049
>