Detroit Free Press from Detroit, Michigan • Page 68

DETROIT FREE PRESS f-E Sunday, Feb. 28, '78 FEDERAL COURT FIGHT BEGINS MONDAY 1 as ir isnin HIS War: Who id. Rig Indian "The U.S. Supreme Court has held that any intent to extinguish or modify prior rights must be stated clearly and explicitly. Neither; the treaty nor the minutes of treaty negotiations indicate any intent to abolish the fishing rights reserved in 1836." The Bay Mills Chippewas will use the processing plant facilities eventually, too, and has voiced hopes of adding processing of rough fish (carp, bullhead, burbot, etc.) in the future.

Extra lake trout from federal planting programs (In which Michigan has about a $100,000 investment annually in eggs, supplies and equipment and manpower for offshore restocking) have been shunted into the bay, also, the U.S. Fish and Wildlife Service maintaining it has a treaty obligation to restock the area. The DNR objects to this, too, accusing federal agencies of wanting to take over fisheries management of the entire Great Lakes through the Bureau of Indian Affairs. Chippewas themselves seem to agree with federal control, pointing out that in ceded waters "state regulation is preempted by federal laws and regulations and by the supremacy clause of the U.S. Constitution." MUCC believes federal control Is the end point, too, objecting because a federal takeover "would be in express contravention of the will of Congress as spelled out in the Federal Submerged Lands Act" of the early 1950s, according to Peter Steketee, MUCC attorney.

MUCC ALSO CHARGES violations of the equal protection portions of the U.S. Constitution. "The continuation of Indian treaty fishing rights Into the 1970s and beyond not only endangers fisheries resources," Steketee told a congressional committee hearing recently, "but it sets Indians apart from non-Indians and forces and promotes distinctions and discriminations based solely on race. "It is well established," he continued, "that treaties which violate the federal constitution are invalid." Who is right will most likely be determined eventually by the U.S. Supreme Court.

Either side losing will undoubtedly appeal. Each feels it is of ultimate importance. Monday's action will only be the opening salvos. currently sparking land title controversy in the states of Maine and Massachusetts. Michigan will claim that the 1836 Treaty, since It was a removal treaty calling for the Chippewas to move west of the Mississippi River within five years, ended all of their rights to use the ceded areas.

Indians say they have an aboriginal right that was not expressly removed by the treaty. "WE'RE CONVINCED THAT no party to the 1836 treaty contemplated any exclusive fishing right remaining," Taylor said. "An additional treaty in 1855 made it even more clear, since Individual Indians then were given allotments of land specifically in exchange for releasing the U.S. from any and ail claims, legal or equitable, of any nature." Chippewas maintain, however, that the 1855 treaty did not terminate any fishing rights. "The U.S.

Supreme Court has held that any Intent to extinguish or modify prior rights must be stated clearly and explicitly," said a Bay Mills statement. "Neither the treaty nor the minutes of treaty negotiations indicate any intent to abolish the fishing rights reserved in 1836." What the Indians may have understood the treaties to mean when they were signed Is of key Importance. The Supreme Court decisions referred to by the Chippewas have held in favor of various Indian tribes when there was evidence that their ancestors may not have fully understood treaty terms. Noel Fox, chief judge of the western federal district court In Michigan, has already divided the case into two parts, the first being a trial on the historical evidence. That begins Monday.

"OUR MAIN WITNESS, Dr. Phillip Mason of Wayne State University, is an acknowledged expert on Great Lakes Indian tribes and probably the leading expert on Henry Schoolcraft," Taylor said. Schoolcraft was believed to be sympathetic to the Indian cause at the time, being married to an Indian and serving as Indian agent. He negotiated the 1836 treaty on behalf of the United States. "He was very concerned about their welfare," Taylor declared, "and left a great collection of papers, letters and BY TOM OPRE Prt Prttt Outdoor Wrlttr Lawyers (or the State of Michigan and state sportsmen will iquare off Monday against U.S.

Justice Department attorneys in Grand Rapids federal district court In what may become the nation's landmark case involving Indian hunting and fishing rights. It's the first time an individual state has been sued by the federal government to establish treaty rights. The state attorney general's office is being assisted by a Michigan United Conservation Club lawyer on behalf of the state's non-Indian hunters and fishermen. Chippewa Indians of the Bay Mills and Sault Ste. Marie bands had originally claimed In their suit that fishing rights were not among those things given up in the Treaty of 1836, and later amendments to the case broadened treaty claims to "the right to hunt, fish, trap and gather fruits of the land." Treaty zones Include much of Lake Michigan north of the Grand River outlet, Lake Huron north of Alpena and most of Michigan's Lake Superior waters from Marquette east through the St.

Marys River. INDIAN ATTORNEYS SAY exclusive Indian fishing rights are being sought only for small portions of the lakes adjacent to reservation lands. They want tribal members to be able to fish In conjunction with non-Indian fishermen elsewhere in Treaty waters, but without being subject to traditional state controls. Michigan's lawyers, however, point to an amended complaint of the tribe seeking "sole and exclusive right to regulate the taking of fish for subsistence and commercial purposes on the waters and fishing grounds reserved" in the treaty. "Certainly, hunting can't been confined to water areas only," said Greg Taylor, an assistant attorney general for Michigan and chief counsel for the state.

"No one yet has txplained what 'gathering the fruits of the land is supposed to Include. Perhaps timber and mineral rights?" No claims of land ownership are being made, a problem documents from which we feel we can recreate what went on during that period of time." Indian attorneys are expected to offer their own lineup of historical experts to challenge that interpretation. The second part of the trial will deal with the biological evidence, the effect of unrestricted Indian commercial gillnet-ting on Great Lakes fish stocks. State Department of Natural Resources' fisheries managers are emphatic about this. "If they are allowed to put the pressure on the rest of the treaty waters that they have on Whltefish Bay," said Asa Wright, a Great Lakes fisheries specialist for the DNR, "we will have nothing left." THE DNR CHARGES Indian fishermen have already "cleaned out" Lake Superior's Whitefish Bay adjacent to the Bay Mills reservation.

Despite this, nearly $400,000 in federal funds went into a new fish processing plant at Bay Mills over DNR objections. The Bay Mills tribe maintains that the DNR has vastly overestimated the number of whltefish and lake trout being taken by Indians in the Bay. It hopes non-Indian fishermen Books for Winter Campers beginners who want to experience before they Invest could prove very helpful. Order both from your local bookstore. Either Is a good primer for the soon-to-be-serious winter camper and hiker.

Wildlife Cookbook on Sale LANSING A revised and enlarged edition of "Wildlife Chef" by the Michigan United Conservation Clubs is now available at $3.95 per copy. Included are recipes for 14 kinds of fish, 16 varieties of small game and two types of big game. Also covered are turtles, frogs and crayfish as well as wild vegetables, fruits and mushrooms. All proceeds are used for statewide conservation programs of MUCC. Send checks to: Wildlife Chef, MUCC, Box 30235, Lansing, Mich.

48909. 16 Deer Pass PBB Test LANSING No detectable levels of PBB have been found In any of 16 wild deer the Department of Natural Resources has tested. Two samples of venison each, provided by hunters, came from Presque Isle, Mecosta and Oscoda counties and one sample each from Lake, Midland, Montmorency, Clare, Jackson, Barry, Menominee and Livingston counties. hH rVM ti.r IaV rr 14c-4 pAfiM BY TOM OPRE Pro Prtu Outdoor Wrlttr Finding people who really like to camp out In winter Is sometimes difficult, let alone finding people who write books about it. Two good editions one published about five years ago, but still available, and another brand new do exist, though, and a wealth of tips for cold weather campers, hikers and skiers is found therein.

Older and thicker is "The Complete Snow Campers Guide," by Raymond Bridge (Charles Scribner's Sons, New York, $4.95 In paperback). It covers not only warm clothing, sleeping bags and tents, but talks -about emergency shelters like tree hollows and snow caves. It even teaches you how to build an igloo. True, many portions pertain mostly to mountainous terrain, but the wealth of detail is excellent. Bridge talks about easy cooking tips for cold weather, which stoves work best, firehuilding for effective warmth and the water problems of both cooking and cleaning up.

He even includes a section on winter trip planning, as well as discussions of showshoeing and cross-country skiing (now a bit outdated perhaps). Compass and map reading are covered in Bridge's book, too, as are weather conditions that might prove dangerous (or helpful). Most eloquent is Bridge's "Plea For Wild Places" despite Its slap at snowmobillng and a jaundiced glance at hunting as sports. Less detailed but perhaps more fun to read Is Harry Roberts' "Movin' On" (Stone Wall Press, 5 Byron Street, Boston, 02108, This editor of Wilderness Camping Magazine has the advantage of the most recent developments In gear to discuss in this, his companion piece to "Movin' Out," a book about summertime camping. Equipment gets most of Roberts' time, but there are discussions of skiing, snowshoeing and map reading, also.

A chapter for Outdoor Calendar An Alabama bobwhlte quail (circled) explodes from Sedgefield Plana-tation's broomsedge and pine cover for Southfield's Bill Bos-well. Both hunter and dog react. Sedgefield, once the famous May tag Plantation, is now open for commercial quail hunting by reservation only. SrW8Va-ATI0N WEEKENDS 1(W0fi4 WEEKDAYS 2 10 10 Free Press Photo by TOM OPRH March 1 Snowshot, cottontail rabbit hunting tndi, southern Michigan. March 31 Snowshot, cottontai rabbit hunting tndi, Upptr Ptniniula and northtrn Lowtr Ptniniula.

Fb. 27 Michigan Envlronmtntil Rtvttw Board men, Bakw-OMn Lansina. Fob. Sturgeon ipoarino tndi, Burt, Black and Mullttt lakts; bobcat hunting tndi, northtrn Lowtr Ptniniula. Quail Are a Way of Life On Sedgefield Plantation MM Mem Bettrait You're just a short drive from the beginning of carefree retirement living in Beverly Hills on Florida's West Coast Mild winters All sorts of outdoor recreation Clean water and air Low energy bills Low, low property taxes No state income taxes Homestead exemption up to $10,000 Quality homes from $17,990 to $39,000 -Up to 13 months to take title of your home fa 2 (original contract price guaranteed).

These are just a few of the reasons you should consider retiring in Beverly Hills, Horida. UNION SPRINGS, Ala. never knew a man that hunted quail that didn't come out of it a little politer by comparison, the Old Man said. Associating with gentlemen can't hurt you." Robert Kuark The Old Man and The Boy George Harden, Jr. more than 70 quail seasons behind him fits the mold of Ruark's semi-mythical grandfather.

Since 1938, Harden has managed the "Holy Grail" of bird-dogdom and bobwhlte quail, the massive Sedgefield Plantation which stretches its 12,000 acres across southern Alabama's bird belt grasslands mixed with cover crops, slash pine and chunks of flat, squatty oaks draped with Spanish moss. The old Maytag Plantation, as It was known until sold a few years ago, was fashioned by Lewis B. Maytag of washing machine fame from dozens of small cotton farms. It has been managed these past 40 years for one thing quail. And as It provided succor for the diminutive bobwhlte the only feathered creature people hereabouts are referring to when" they talk about "burds" so did it attract the finest in bird dogs.

The nation's most prestigious field trials are run here each winter. Harden himself has long been resident judge, so to speak, of the National and National Amateur Shooting Dog Championships, seven February days each for him on horseback following the vying dogs and their handlers and scouts cross-country. It is these field trlalers like Hall of Famer Herb Holmes of nearby Gunsmoke Plantation, plus hunters like Jack and Bill Boswell and myself, who help pay the tab to keep Sedgefield running today. The new owners favor soybeans. But they're supportive of the old hunting program, if it can pay its own way.

So Sedgefield, once the exclusive haunt of Maytag and guests like General Elsenhower and a multitude of other personages, welcomes bird hunters from everywhere. And like the birds he helps to survive take care of them and they take care of George Harden Is as much a gentleman with the newcomers as he is with the rich and famous. Quail are great "levelers," he says. Everyone gains richness from hunting them. Down here, It's a way of life.

"The little fellow doesn't weigh but five ounces, the Old Man said, but every ounce of him is pure class. He's smart as a whip, and every time you go up against him you're proving something about yourself." Guide Billy Renf ro, a champion horse trainer himself, was emphatic. "Move up on the dogs quick, boys," he cautioned, "and keep close together. You never know exactly where those birds will jump from." The Boswells and I struggled off our horses. Four straight hours in riding perhaps 1 5 miles was no tonic for the body, we discovered.

We jerked shotguns from scabbards and loaded 'em as we walked forward gingerly. The three dogs were locked up on point. Kate, the tiny setter bitch, had the covey, our fifth or sixth that day, and the two pointers backed her politely as they had been taught. You don't crowd the lead dog. You don't crowd the quail, either.

The first two birds jumped from far out. They whirred up 40 or 50 feet away and I emptied both barrels, folding only Mow To Get To Florida From Detroit. To get all the facts about Beverly Hills one. Two more shells were fumbled Into the chambers. A trio of quail exploded to the right and Jack collected a neat double.

Then the entire mass of the covey lifted off to the left. Bill's Remington 1100 roared three times. Three quail fell. I collected another bird, too. On a similar rolling covey rise earlier, Bill had actually smoked four birds with four shots, a curtain of feathers left glistening in the low sunlight.

I had never seen that before. A daily bag limit of 12 isn't long in the collecting that way. "Those boys do some kinda' shootin'," Renf ro grinned as we dismounted for lunch. He pulled handfuls of quail from the saddlebags, all to be sent back to the Plantation headquarters for plucking, dressing and freezing. "Thank heavens I miss enough to keep us In business," I suggested.

Two days of hard hunting produced a total of 64 birds, eight less than our legal limit. All kinds of hunting packages are available at Sedgefield. Horseback is the most productive, if you are up to it physically. A guide and scout keep track of the eight or 10 dogs you'll wear out over the 20 miles ridden each day. There's someone to hold the horses when you dismount to shoot over a covey (10 to 20 coveys each day is about average) and lunch Is thrown in.

There's a buggy hunt, too. A tractor pulls Maytag's old custom-made wagon loaded with hunters and dogs while the guide and scouts work off horseback. You get lunch, too. Or you can do It alone, bringing your own bird dogs (they had better be big runners) and walking, having a section of the Plantation assigned exclusively to your group. Rooms in the old Maytag Lodge are available, too, for overnight stays.

(Contact George Harden, Sedgefield Plantation, R.D. 2, Box 73, Union Springs, Ala. 36089. The telephone is 205-738-3179.) Wild quail hunting ends with the state season closure Feb. 28, but stocked quail are available through March, put out in small coveys that resemble the wild bird shooting very closely.

There's no daily limit on stocked birds. It's a bird hunter's heaven. The yellow broom sedge bowing in the wind, the green pines, the gray moss whipping as snow white pointers streak out across the next rise, the handler's low-pitched "Hup!" urging 'em on. "There's a lot I could tell you about birds, the Old Man said, but I find I'm talking too much lately. If you can remember to take your time and never shoot at the whole covey at once you can remember to make your dogs respect the birds well, hell, the Old Man said, what I just delivered was a sermon about respect.

I can say that it will cover most situations, whether it's bobwhlte, dogs or people." i Yes, I'd like to start my Florida Retirement Planning right here in Detroit. I can't make it to the Livonia model home this week, so please send me your Free Facts For Florida Living Brochure at no obligation. Name Address drive over to our Florida model home at 28250 Five Mile Road, Livonia (3 miles west of Telegraph Road). Ask for our Florida Living Fact Booklets and be sure to ask about our 3-day Beverly Hills Florida Inspection Trip including commercial air fare, meals and motel for just $99 per person! If you're planning a Florida vacation by automobile, ask about our Florida Retirement Sampler 3 days and 2 nights lodging at the Beverly Hills Motel for just $15 per couple. Bob Allen, Broker City Telephone Mail to: Bob Allen, Broker Beverly Hills Model Home 28250 Five Mile Road Livonia, Michigan 48151 i a.

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