An American racial dilemma

Many of us American citizens are whatever racial descent we choose to be, depending upon what advantage that genealogical choice might provide under varying circumstances. Think of our late, mostly Norwegian, friend Ted Rugland dyeing his white hair, beard, and mustache, bright green and going to Butte for the traditional March 17th celebration noting the removal of snakes from Ireland.

Based on DNA testing, geneticists tell us there are likely no individuals who can be absolutely sure they are pure anything. Could we blame this on traveling salesmen? Probably not, but it might be wise to think that we are all just plain old Americans. Ideally that's the way it should be all over the world. Say you are a citizen of Iraq. Regardless of mixed ancestors back there someplace, you should enjoy all citizenship privileges and obligations that status conveys. The mindless absence of that one simple reality is the root cause of 90 percent of wars in the world today. Look at Kosovo. Look at Yugoslavia. Look at Haiti. Look at …

Upon achieving full maturity, thinking people try to judge fellow humans by one thing, their character. I take pride in working at that. Maybe the one exception readers might be quick to point out are jokes about Norwegians and folks from North Dakota. We all know good-natured humor is part of any well-adjusted person's life; it is not a sign of religious or racial prejudice. It is colorblind. I truly like folks from North Dakota. When a local "Norwegian" wrote to me and said he was writing slowly because he knew we Swedes couldn't read fast, I was tickled for days … still am.

Not in that vein, the continuing political battles over who is a "Native American" can be ironically amusing at times, but boils down to illogical triviality. That dilemma has been the subject of past contemplation in this column including one attempt using the Government's Racial ID System to prove I was a Swede. Didn't work.

Enough philosophy! Time to examine the logic of the latest "who is an Indian" controversy:

If an Indian assaults another Indian on an Indian Reservation in the U.S., that is a Federal Crime. According to an Associate Press story in February, Christopher Cruz of Browning did commit felony assault on an Indian woman outside a Browning, Montana, motel where he was living. He was tried as an Indian in Great Falls Federal Court, found guilty of a Federal felony and sentenced to Federal Prison for 3 years and 9 months.

Through attorneys, Cruz appealed saying it was not proven "beyond a reasonable doubt" at his trial that he actually was an Indian. Judge Haddon in Great Falls denied that appeal, but it then went up to a three-member panel of the 9th Circuit Court in San Francisco. Admitting the defendant did have "descendent status," (whatever that means), the panel ruled the Federal charges should be dismissed because Cruz was not an Indian. They cited the lack of four qualifications for being an Indian; "1) tribal enrollment: 2) government recognition formally and informally through receipt of assistance reserved only for Indians; 3) enjoyment of the benefits of tribal affiliation; and 4) social recognition as an Indian through residence on a reservation and participation in Indian social life." That's it. Cruz did not qualify for a Federal charge because he was NOT an Indian.

What now? Courts are awaiting an appeal for a rehearing before that same federal panel and if not successful, then an appeal to the "full" 9th Circuit Court.

What if the case goes to the full 9th Circuit Court and they find, with the panel, that Cruz is not an Indian? Maybe to the Supreme Court. If it goes that far, what if the U.S. Supreme Court decides Cruz is not an Indian? Would he be brought back to Montana to face arrest and prosecution by the Glacier County Attorney who handles non-Indian attacks on Indians? Although it seems unlikely, the way things look, it could happen.

It is not beyond imagination, Cruz's attorneys could foreseeably then find some tangled "legal logic" using his known 22 percent Indian blood and prove he is one.

Can we find any humor in this business? Well! Maybe … a little bit.