|
Every Picture Tells a Story:
Friends of Graton Rancheria's Susan Moore says that the casino site is "not in a 100 year flood plain"
(Press Democrat Letter to the Editor, Sept. 24, 2009). That's true, but it's not the whole truth! It impinges
on a 500 year flood plain, and it was completely underwater 2 to 4 feet of water in 2005, a flood no one is calling a 500
year flood". One picture is worth a thousand words. How many words are these pictures worth?
The FIGR Says: "... the governor is required by federal law to issue a compact to us." Chairman Greg Sarris,
"Mid-County Madness" , by Joy Lanzendorfer, The North Bay Bohemina, August 18-24, 2004
The Record Says:
The Indian Gaming Regulatory Act only requires a governor to negotiate in good faith with tribes. Governors are not required by law to give any
tribe a compact, and according to BIA Director George Skibine, the federal government cannot compel the governor to
do so.
The FIGR Says: " If the
MOU is overturned, the tribe says it will likely sue the city for breaking a business agreement. 'One of our options would
be to sue for the amount we would have lost by not having the casino,' says Sarris. 'Do you know how much that would be? More
money than Rohnert Park would have in a hundred years.'" "Mid-County Madness" , by Joy Lanzendorfer, The North Bay Bohemian, August 18-24, 2004
The Record Says: The FIGR has already broken the Memorandum of Understanding (MOU)
which was site specific to the orignal site one mile West of the current site. The original site was at the
corner of Wilfred and Stony Point Road. "Site specific" means that the casino building site is named specifically
in the MOU as a condition of the MOU. When Station Casinos purchased the new site one mile away, they violated
the MOU. The FIGR acknowledged in a September 8, 2005 memo to Rohnert Park that the MOU would have to be "amended to reflect the realities of the new site."
The
FIGR Says: " In the 1920s, a steep,
15-acre rancheria in Graton, near Sebastopol, was set aside for the "digger Indians" to live in camps -- but Sarris said in
a 2000 interview that there was never enough room for more than six families. " ( San Francisco Chronicle, "Indian tribes campaigning to open casino" , August 18, 2003)
The
Record Says: If Sarris knew in 2000 that only a few Indians ever lived on Graton, why did
he tell the House Resource Committee on May 16, 2000, that "75 members" moved on to the Rancheria immediately after it was purchased? There's
no evidence in the record that even six families ever lived there. One man, Andrew Sears, and his wife moved there in 1937, and no one
else lived there for another eight years, when a single woman, Laura Faber lived there until 1950. About 1950-1951,
Truvido, along with his wife and child, and Everill moved onto the Rancheria. In 1952, the Field Agent found
"3 adults, 1 child" living on Graton.
The FIGR Says: " In fact, the
Graton Rancheria, which was purchased and placed in federal trust for the Tribe in 1920, did serve as a "reservation" for
the Tribe - albeit a tiny one - until 1960, when federal officials removed the trust status of the land...." FIGR Chairman
Greg Sarris, The Community Voice, January 26, 2007 AND fFrom the FIGR web site at http://www.gratonrancheria.com/ourpeople.htm: "This land (Graton Rancheria) was ...removed illegally from
trust in 1958, and what remains today is a 1 acre parcel which is called the Graton Rancheria."
The Record Says: We have acquired the original deed for the purchase of the Graton Rancheria by the federal government dated November 8, 1920. The United
States took the title to the land in fee and not in trust for the benefit of any Indian tribe. In order for Graton to
have been placed in trust, there would have been hearings held, with notice in the Federal Register and in local newspapers, and
the title would have been converted to trust status. According to government records, none of this happened. That's
a fact. Graton Rancheria was never, never trust land. There is a huge difference between trust land, which
is what Indian reservations and/or Indian-owned land are, and fee land, which is how we all own our land. Graton
Rancheria was never, never a reservation.
The FIGR Says: In 2000, in a December 2003 Metroactive
(Bohemian) article, FIGR Chairman Greg Sarris said, " When recognition was restored, Sarris said publicly that
the tribe wasn't planning on building a casino. The tribe explored other options, such as organic food processing, a cheese
factory, and a winery, Sarris says, "all of which need capital or there is already a glut of here." "No bank was going
to give us money," he continues. Enter Station Casinos, which also bankrolled a controversial casino in the Sierra
foothills outside Auburn. "Any good economist will tell you we made a prudent decision. As I tell my friends, do the math."
(The Graton Band's Last Stand, by R.V. Scheide, The North Bay Bohemian, December 4-10, 2003.)
The Record Says: Four years earlier, in an April
1999 interview with Greg Sarris in the Pacific Sun, "Sarris (said) that banks have already approached tribal leaders
about crafting loan packages and developing business ideas. Only environmentally sensitive options will be
considered, he adds." (Gathering of the tribes, by Mike Thomas, UpFront, The Pacific Sun, April 7-13, 1999)
The FIGR Says: "15.45 acres were purchased in Graton for
our members. Seventy-five members moved on in 1920". (FIGR Chairman Greg Sarris in his testimony to Congress, May 16, 2000)
The Record Says: Even
the FIGR's own September 1997 report submitted to the government in support of its restoration efforts does not make this
claim.
The Rancheria was purchased in 1921. It was not purchased for the use of any specific tribe, but was intended "for (the)
use and occupancy by the Marshall and Sebastopol bands of homeless California Indians."
No "members" of anything moved onto the Rancheria in 1920 or in 1921. In fact, no one lived there at all until Andrew
Sears moved onto the property in 1937. At this time, the area Indian Agency Superintendent asked Washington for permission
to open Graton Rancheria up to any California Indian, which was done.
The FIGR Says:
"...President Clinton signed legislation restoring federal recognition to the Coastal Miwoks...Tribal chairman Greg
Sarris...said it has been a ’long, hard battle’ to regain federal recognition, which was taken away by the California
Rancheria Act of 1958." (Greg Sarris, North Bay Indian Tribe Regains Federal Status, San Francisco Chronicle, December
30, 2000), AND, "...the Miwok tribe discovered a small parcel of land in Graton that had been set aside as
a reservation area for the local Miwoks in the 1920’s...The group's federal status as a recognized tribe was terminated
in 1966 under the California Rancheria Act of 1958." (Tribal Spirit, The North Bay Bohemian, March 9-15, 2000)
The Record Says: No tribe lost
its federal recognition at Graton with the enactment of the Rancheria Act, as there was no tribe there in the first place.
The only thing the Rancheria Act did at Graton was to pass ownership
of the land from the federal government to private individuals at the request, and with the full, informed compliance of those
individuals. And, because no one lived on the Rancheria from 1921 to 1937, occupancy of the Graton Rancheria was
not limited to Coast Miwok or Southern Pomo. "The deed for the land did not contain any limitation or provision as to what
Indians should be settled thereon. ...there is no limitation or reason why other landless Indians (other than those from
Marshall and Tomales) may not be located thereon." (Letter from Assistant Commissioner William Zimmerman, U.S. Dep’t
of the Interior, Office of Indian Affairs, to Roy Nash, Superintendant, Sacramento branch of the Indian Agency, July 11, 1937)
One of the three recipients of the Graton Rancheria land was in fact, 1/4 Shasta and 3/4 White.
The FIGR Says: (Speaking
of the period following the enslavement of Native Americans in California) "Most surviving Miwok were moved to a 20-acre parcel
of land near Graton in Sonoma County. In the 1950s, when the federal government terminated the Miwok as a federally recognized
nation, the few remaining Indians were kicked off, all except one family.'' (FIGR Chairman Greg Sarris, Coastal Miwok Seek
Ties to the Land San Francisco Chronicle, February 4, 2000)
The Record Says: No one
was "moved" to Graton Rancheria ever. Indians who chose to live there could apply for an assignment,
and it was strictly voluntary. No one was kicked off the Rancheria upon its dissolution. The land was
distributed to the three adults males who lived there, or their legal heirs. One of those males, Frank Truvido, lived there
with his daughter Gloria, who still lives there today. It was Frank Truvido who, along with the other two men, helped
the government establish exactly who lived on the Rancheria prior to the Rancheria Act vote.
The FIGR Says: "Unfortunately,
state and federal agents didn't mention concepts such as property taxes to the new landowners when they showed up at the rancheria.
‘Anybody who could was out harvesting, and it was never explained to them.’" (From an interview with FIGR Vice-Chair
Lorelle Ross, The Graton Band’s Last Stand, The North Bay Bohemian, December -10, 2003 issue.)
The Record Says: (1) No
one was "out harvesting". In fact, it was Lorelle Ross’s own grandfather, Frank Truvido, Fred Everill
and Andrew Sears told an Indian Agent exactly who was living on the property during the Agent’s field visit in August
21, 1952. The field notes are very detailed, and these three men provided the details. (Excerpts from these filed notes
can be found in the PDF file "Supporting Documents 2 of 3" found above ) (2) All three men who wound up owning Graton land were intelligent and articulate in English.
One of the men, Fred Everill, was 3/4 English (Cornish), whose family owned land in Siskiyou County. His brother Charlie
owned a ranch and an asbestos mine. There is no evidence that these three men did not understand the concept of paying
property taxes. The government sent out two letters to the new property ownder and/or their heirs, explaining
that the properties would be subject to normal taxes.
The FIGR Says: "As levels of indebtedness increased, tribal
members began selling off their property. Ross' father was one of the last ones to hold out, but eventually debt forced him
to sell all but one acre of his land." (From an interview with FIGR Vice-Chair Lorelle Ross, from The Graton Band’s
Last Stand, The North Bay Bohemian, December -10, 2003 issue.)
The Record Says: Ms. Ross’
grandfather, Frank Truvido, received 1.23 acres of land in 1966. Fred Everill
and Andrew Sears were dead by 1966. Appropriate Probate hearings were held for
each man's estate, and their holdings of .76 and .83
acres respectively, were passed on to their legal heirs. Frank Truvido was Andrew
Sears heir, and he inherited his portion of Graton,. Fred Everill had nine heirs. according to the June 14, 1920
letter from Special Indian Agent John Terrell, this land was located in what was called the "Gold Ridge Fruit Belt".
Even in 1920, this was expensive land, with a spring-fed stream running through it and valuable redwood trees. Agent
Terrell commented on the high price of the land he was buying. According to Terrell, the land that became the Graton
Rancheria was expensive because it was "entirely surrounded by fruit orchards and berry farms".
The FIGR Says: When the
government agents came out to talk to the Rancheria residents about the Rancheria Act, all they found were "three old
men who couldn’t even speak English". (FIGR Chairman Greg Sarris, California’s Lost Tribes, Beyond the
Dream LLC, aired on KQED in April, 2006).
The Record Says:
The "three old men" were Graton residents Frank Truvido, Andrew Sears and Fred Everill. In John Terrell’s
June 14, 1920 letter, one of his comments on the local Indians was that "Most of these Marshall Indians are bright, energetic,
speak good English, and far above average.". Beyond Mr. Terrell’s observation, though, is the fact that
1. Frank Truvido attended St. Vincent’s Catholic school from "age 6 to age
18" . His handwritten note referenced earlier indicates that his command of English was excellent.
2. Andrew Sears was born and raised in the town of Sonoma, as were his parents, a
town where English is largely spoken. We know from the record that Mr. Sears was a valued employee of local farmer Pete Gregori,
and he was also known to the local Sheriff. There is no indication from either of these sources that he could not speak English.
Indeed, he apparently speaks clear English to the Field Agent on August 21, 1952, who had no trouble understanding any of
the men. In addition, according to probate Court records, Mr. Sears, upon executing his will, went to the local tavern to
have the owner witness his signature. The tavern owner, Louis Mauc, testified under oath at the Hearing on the will that "He
(Mr. Sears) asked me if I could be a witness." . Mr. Mauc also testified that he was not an Indian, so it’s probably
safe to assume that Mr. Sears’ request was made in English, as Pomoan languages were and are not widely spoken, especially
not by White men..
3. Fred Everill was 3/4 White. His White father was an Englishman from Cornwall,
and his mother was 1/2 White and 1/2 Shasta. Mr. Everill grew up in the town of Hamburg in Siskiyou County. There are good
records that indicate his brother, Charles, spoke English, so it’s reasonable to assume that Fred Everill also spoke
English. Certainly, if Mr. Everill couldn’t speak English, then he could not have easily communicated with his father,
mother and brother.
The logical conclusion, based on the record, is that Andrew Sears, Frank Truvido
and Fred Everill spoke normal, conversational English.
All three men later (much later!) signed the ballots to dissolve the Rancheria in
good, clear handwriting, although Mr. Everill’s was a bit shaky due to his advanced age. No one, for example, marked his
ballot with an "X". No mention is ever made that the men couldn't speak English. Frank Truvido
indicated in his handwritten letter to the Indian Agency, that all three men had signed a letter to Congressman Scudder thanking
the government for the Rancheria Act and for the opportunity to own their own land.
|