Ojibwe Treaty Rights: 15 Years Later
      
    
May 20 [1996] marks the 15th anniversary of the court 
    ruling that put to rest the 17-year battle between Ojibwe Indians and the 
    state of Wisconsin over off-reservation hunting and fishing rights. On this 
    day in 1991, Attorney General James Doyle (now Wisconsin's governor) and the 
    six Chippewa tribes agreed to abide by a 1983 federal ruling known as the 
    Voigt case that allowed Indians to continue to hunt, fish and gather on 
    off-reservation land. 
    The controversy began in 1974, when brothers Fred and Mike 
    Tribble from the Lac Courte Oreilles (LCO) Band were arrested while ice 
    fishing on an off-reservation lake. Charged with violating Wisconsin 
    conservation laws, the brothers' arrest prompted the LCO to file a class 
    action lawsuit against the state. A treaty, signed more than a century 
    before in 1854, became the focus of the fight. 
    In 1837 and 1842, the Ojibwe had signed treaties 
    forfeiting their land titles while retaining their right to hunt and fish on 
    that ceded territory — a guarantee known as "reserved rights." Another 
    treaty, signed in 1854, created reservations for the Ojibwe but did not 
    cancel the rights guaranteed in earlier treaties. Despite this protection, 
    the 
    state consistently denied the Ojibwe these lawfully protected reserved 
    rights in the late 19th and early 20th centuries. 
    So when the brothers were arrested in 1974, the LCO argued 
    that the 1854 treaty guaranteed them their off-reservation hunting and 
    fishing rights. Federal District Court Judge James Doyle (Attorney General 
    Doyle's father) disagreed, however, and ruled in 1978 that the 1854 treaty 
    establishing reservations had canceled any reserved treaty rights. The LCO, 
    along with the five other Ojibwe bands, took the case to the U.S. Court of 
    Appeals. 
    In 1983 the Court of Appeals overturned Judge Doyle's 
    decision. They held that the treaties of 1837 and 1842 had not been revoked 
    or terminated by the 1854 treaty and that the agreed-upon rights continued 
    to exist. The case, known as LCO v. Voigt, was a landmark victory for the 
    Ojibwe, but
    it triggered considerable controversy, protest and misunderstanding 
    among Wisconsin's non-Indian population. 
    In the 1980s, anti-treaty protesters staged demonstrations 
    and used political pressure, legal action and civil disobedience to prevent 
    members of the Ojibwe from spearing walleye. Some of the protesters argued 
    that treaty rights and tribal sovereignty were outdated while others 
    believed rumors that the tribe would harvest all of Wisconsin's fish and 
    game, thereby threatening the tourism industry. Some anti-treaty protesters 
    went so far as to deploy
    concrete walleye decoys on the bottom of lake beds to damage Ojibwe 
    spears and disrupt off-reservation spearfishing. The tribes also faced a 
    stream of racist abuse that often turned violent and led to media depictions 
    of Wisconsin as the "Mississippi of the North." 
    The Ojibwe and their supporters, borrowing tactics from 
    the civil rights movement, began to act as "witnesses" at protests, 
    collecting information for police investigations of violent acts and 
    educating the public about the reserved rights guaranteed under treaty law. 
    Partially in response to the controversy over treaty rights, the
    Great Lakes Fish and 
    Wildlife Commission was formed in 1984 to assist its member tribes to 
    protect their off-reservation treaty rights and to regulate hunting and 
    fishing harvests. The state also began
    mandating that schools provide instruction in the history, culture and 
    tribal sovereignty of the federally recognized tribes in Wisconsin. 
    
    Under
    Governor Tommy Thompson, the Wisconsin Department of Justice tried to 
    appeal the Voigt decision. When this failed, the state offered the tribes 
    money in exchange for an agreement to end or at least suspend their 
    off-reservation hunting rights. The tribes declined. The violence reached a 
    peak in 1989 and, in an attempt to prevent further fighting, Governor 
    Thompson went to court to plead for an injunction to stop Ojibwe 
    spearfishing. Judge Barbara Crabb refused, stating that the Ojibwe were 
    doing nothing illegal. 
    Between 1987 and 1991 a series of federal court rulings 
    defined the limits of Ojibwe treaty rights. The rulings split resources 
    between Ojibwe and non-Indians, and denied Ojibwe claims for compensation 
    for the years that their rights were denied. On May 20, 1991, the state of 
    Wisconsin declared that it would no longer attempt to appeal the 1983 Voigt 
    decision, finally ending the 17-year struggle. 
    Since then the Ojibwe have continued to work with the 
    state to try to reduce tensions and manage fish and game populations in 
    northern Wisconsin. 
    
    
    
    