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FEBRUARY 27, 2001

In a move welcomed by the Nez Perce Tribe, the Supreme Court on Monday turned down without comment a case that questioned the existence of their Idaho reservation.

"We are pleased with the decision to deny the request," said tribal chairman Samuel N. Penney. "This finally puts to rest the recurring argument that the Nez Perce Reservation does not exist."

But two legal foes of the tribe aren't as convinced of the reservation's finality. The state of Idaho had filed a friend-of-the-court brief supporting the appeal of Christopher Webb, a tribal member who admitted sexually abusing two minors, and a spokesperson for Attorney General Al Lance said the Court's action on Monday left open unanswered questions.

"We think what's most important is that Mr. Webb is going to be held accountable for the crimes," said Bob Cooper. "But I would say that in not hearing the case, the Court clearly has not resolved the issue."

Dan Johnson, chairman of the North Central Idaho Jurisdictional Alliance (NCIJA), agreed. Composed of nearly two dozen local governmental entities, Johnson's group has opposed the Nez Perce's exercise of sovereignty in areas of taxation, hunting, fishing, and water rights.

"There still will be legal issues that the Court will need to resolve and I think the fundamental issue of the diminishment really remains to be seen," said Johnson.

Once encompassing over 13 million acres, the Nez Perce Reservation was whittled down to a mere 750,000 acres by an 1863 treaty. Subsequent actions by Congress opened up some of the reservation for allotment to tribal members and settlement by non-Indians.

The state of Idaho and the NCIJA believe these actions significantly reduced the size of the reservation. But two federal courts have disagreed and Penney said the state has even put up road signs at the reservation's borders, notifying others of its existence.

"The state implies that the existence of the reservation is somehow a new concept when all along, they have continued to act over the years as if it has existed," said Penney.

Another legal dispute currently before the Idaho Supreme Court may come back to bite the tribe, however. In a Snake River water rights case, a lower state court found the reservation was diminished.

The state and the alliance are watching the outcome of the case and if the state court upholds the lower ruling, the legal conflict might be ripe for review by the Supreme Court, they say.

Webb's attorney declined to comment on the case. Webb, a Nez Perce tribal member, was convicted in federal court of two counts of abusive sexual contact of minors and sentenced to 18 months in prison.

Get the Decision:
USA v. Webb (9th Circuit. No. 9930155. 7/00)

Relevant Links:
The Nez Perce Tribe - www.nezperce.org
Nez Perce Treaties Site - members.stratos.net/cpetras/index.htm
Idaho Attorney General - www2.state.id.us/ag
North Central Idaho Jurisdictional Alliance - www.ncija.cjb.net

Related Stories:
Idaho seeks jurisdiction over reservation (Tribal Law 2/19)
Nez Perce authority not issue in case (Tribal Law 09/21)
County won't join anti-Indian alliance (Tribal Law 09/20)
Court upholds Nez Perce treaty (Tribal Law 07/31)
Group denies charges of racism (The Talking Circle 07/31)