WESTERN SHOSHONE NATION

Informational Himba
PO Box 252
Austin, Nevada
89310

June 2002 - Volume 1 - Issue 1

The following is a chronology of events that have taken place
from 1991 to the present time.

1991
The Western Shoshone National Council decides that the Newe Sogobia is a fully sovereign nation.

The Western Shoshone National Council approves the Western Shoshone Declaration of Sovereignty.

After years of working through other entities Western Shoshone Resources, Inc. is formed to be the fiscal agent of the Western Shoshone National Council, to seek out grants, and to engage in business ventures.

December 1991
A Western Shoshone livestock brand (SN) is approved.

March 1992
After several years of planning and discussion, a Wild Horse Management Plan is developed for the purpose of managing wild horses within the Western Shoshone territory.

At first implementation of the wild Horse Management Plan, four Western Shoshone are indicted by the United States Federal Grand Jury for rounding up wild horses.

Following the US indictment of its citizens, the Western Shoshone National Council exercised its plenary power to sit as a court to hear all testimony in this case. it found that since the roundup occurred within the borders of the Western Shoshone Nation the United States of America had no jurisdiction in this matter.

The Western Shoshone National Seal is approved. This design is a coyote and an eagle feather encircled with sage leaves.

The National Council approves the letterhead for the Western Shoshone Resources, Inc. The design is a gear in the center, encircled by sage leaves. an eagle feather is centered over the gear with the words, "ISU DOMISU SOGOBIA" (THE LAND IS STILL OURS) across the bottom.

The Western Shoshone National Council moves to protect the livestock of Mary and Carrie Dann and nationalizes the Dann livestock using the SN brand.

On the Dann's last day in federal court, the court orders the BLM to use its regulations for livestock.

The Western Shoshone government authorizes the establishment of a Security Zone for the Dann grazing area and authorizes Security Zone personnel to oversee the zone area and to keep it posted.

April 1992
Six thousand people attend the 100th Monkey event April 10 - 19 at Red Rock co-sponsored by the Western Shoshone National Council. This protest is against militarization and against all forms of nuclear testing.

May 1992
The Western Shoshone Government approves and appoints European Acting Envoy-At Large.

July 1992
After years of research, planning and discussion Western Shoshone Passports are finalized and are ready to be issued for Western Shoshone foreign travel. Any Western Shoshone may obtain and use these passports, however Western Shoshone dignitaries must use them when traveling.

September 1992
Western Shoshone individuals, previously indicted by an U.S. Grand Jury in the wild horse round up, go to trial in Las Vegas U.S. Federal Court.

After much deliberation, the office Western Shoshone Marshal is authorized. Marshals are authorized to observe, record and document actions within the Western Shoshone territory.

October 1992
The Western Shoshone Nations acquires the Cactus Springs property in Clark County with the Corporation of Newe Sogobia as recipient.

November 1992
Armed agents for the U.S. invade Western Shoshone Security Zone in Cresent Valley and forcefully round up Western Shoshone horses and wild mustangs. Clifford Dann is arrested for protecting Western Shoshone livestock.

December 1992
The Corporation of Newe Sogobia is incorporated under Nevada law as the fiscal agent of the Western Shoshone National Council in Nevada.

1992
Through personal contacts and after verbal agreements, the Mary Hudson property is farmed, with harvesting of alfalfa and hay, by the Western Shoshone through the Corporation of Newe Sogobia.

January 1993
The Western Shoshone who have been indicted by an U.S. Grand Jury are found not guilty as having acted under the law of necessity.

The Court concluded that, in removing the wild horses, the Western Shoshone were acting to protect the land in the most expedient manner available to prevent overgrazing.

1993
Mary Hudson has found no farming agreement acceptable to her. thus the framing [sic] effort is ended.

Mary and Carrie Dann are the recipients of the 1993 Right Livelihood Award to be presented in Sweden. As a result of this, five Western Shoshone travel internationally using Western Shoshone Passports.

1994
Without any prior contact John Shannahan donates his ranch in White Pine County to the Western Shoshone National Council. This unexpected gift is acquired with the Corporation of Newe Sogobia as recipient.

December 1995
The Western Shoshone National Council passes a declaration designating the interior of the Western Shoshone National boundaries as a nuclear free zone. This designation is then adopted as Western Shoshone Law.

1995
A Notice of Service is sent to the United States government and to other nations informing them of the full sovereignty of the Western Shoshone government. They are further notified that United States laws do not apply within Western Shoshone territory.

The U.S. v Nye county lawsuit begins. The Western Shoshone National Council files an intervention, which is immediately thrown out of court. Because this is the first time that land title would be litigated, the Western Shoshone appeal to the 9th Circuit Court where the case remains presently.

1996
A grant from George Gund III is obtained by the Corporation of Newe Sogobia to fund a Pinyon Education Project for Western Shoshone young adults. Although this was to be a five year project, the funder failed to provide further funds after the first year.

The National Council approves the Western Shoshone National Flag at the 1996 Fall Gathering. The design is taken from three designs that were submitted by Western Shoshone citizens.

June 1996
In response to BLM request that WSNC be part of the Management System for Cresent Valley, the Council proposes a Joint Co-Management Plan for Cresent Valley. The President, the Secretary of the Interior and the BLM are notified.

The Park Service has ignored the plans of the Timbisha Shoshone and takes the position that they, the Park Service, are in control of the area. The Timbisha Shoshone protest at Furnace Creek. CNN has been covering.

Tim Dann's court appeal is denied. Tim had been arrested in 1995 for interfering with firefighters and for the propertied impediment of federal officials by trying to put out fires on property adjacent to the Dann Ranch. It is the opinion of the Dann's and the Western National Council, that the BLM deliberately let these fires burn because the fires were approaching the Dann ranch.

1997
Because the 9th Circuit Court has not ruled on the intervention, the Western Shoshone National Council is forced to file an injunction to protect Western Shoshone interests and to prevent Western Shoshone resources from eroding. The Western Shoshone national Council v U.S. injunction is ongoing.

After hearing of previous private land donations to the Weestrn Shoshone Nation, a family in California donates their property in Oregon. According to the writer, Gale Ontko, this had been the home of many brave Shoshone people. The Western Shoshone Nation acquires this property in Oregon with the Corporation of Newe Sogobia as recipient.

March 1997
The Western Shoshone National Council holds the first Yucca Mountain Spring Gathering.

1998
The Western Shoshone Nation acquires, by gift, the John Pope (Rolling Thunder) property in Carlin with the Corporation of Newe Sogobia as recipient.

1999
The Western Shoshone National Council develops a plan to manage the wild horses within its territory. This wild Horse Management Plan is first endorsed by several Nevada County Governments and then submitted to the Governor of Nevada for comment. The State of Nevada responds, indirectly, by requesting management plans from interested parties. The Council becomes aware of the State's intentions through an article in a Tonapah newspaper

With heavy hearts the Western Shoshone people mourned the passing of Bill Rosse. Bill was a stanch supporter of Shoshone land rights issues who could always be counted upon to represent Western Shoshone interests.

May 2000
Walk on the Sacred Land, a Walk/Run encircling the Nevada Test Site symbolically reclaiming Shoshone land damaged by years of uninvited nuclear testing. Starting at Warm Springs participants traveled 40 miles per day arriving at Mercury Peace Camp during Shundahi Networks Mothers's Day Action on May 13th. This will be an annual event.

Present
Throughout the years the Western Shoshone National Council has continued to support protest actions at the Nevada Test Site with speakers, tactical support, issuing permits to enter Shoshone land and by providing Western Shoshone marshals as observers.

Western Shoshone Intervention in U.S. v Nye County
- On May 12 2000, more than four years after notification that the Court of Appeals was considering the intervention petition without oral argument, the WSNC inquired by letter as to the status of the appeal. The Court of Appeals replied with copies of a docket sheets indicating a series of events and filings in the District and Appeals Courts prior to dismissal of the action and after the Western Shoshone intervention petition, involving the United States, Nye County, and other parties - including other interveners. The WSNC had not received notice of any of these events or filings.

According to the docket sheets, the Western Shoshone intervention appeal was submitted to a Court of Appeals screening panel on December 15, 1997. The docket showed that intervention was denied December 19, 1997. The docket showed that intervention was denied December 19, 1997. The WSNC had received no notice of this decision. At no point did it appear from the docket sheets that the court of appeals considered the intervention on its merits or in relation to FRCP Rule 41. The Western Shoshone were effectively shut out from participation in the case, including opportunity to file timely objection to dismissal to preserve their third-party cause of action.

On the basis of these facts, the Western Shoshone National Council and Chief Yowell are filing a Complaint of Judicial Misconduct. The Complaint is against Judge Loyd D. George, District Court, Nevada and Judges Joseph T. Sneed, Edward Leavy, and Stephen S. Trott, Court of Appeals, Ninth Circuit (who are listed in the docket sheets as the screening panel). The Western Shoshone believe that the Judges' actions weree prejudiced* to the fair, effective, and expeditious administration of the business of the courts.

They believe that the Nevada District Court and the 9th circuit Court of Appeals failed to provide fair, effective and expeditious means to litigate Western Shoshone rights. They state that the judges precluded, without due process of law, Western shonshone intervention in litigation affecting Western Shoshone rights.

Western Shoshone v The United States and Oro Nevada Resources, Inc

In April 2000, after 10 months without word from the District Court or the Appeals Court, the Western Shohone inquired as to the status of the case. They discovered that a minimum of six filings and the last page of the docket sheet were missing from the District Court and that the notice of appeal had never been prosessed.

On April 24 2000, the WSNC had delivered a letter to the District Court with a file-stamped copies of documents which were none to be missing. Letter. The letter also stated that the loss of documents constituted a violation of Federal Rules of Civil Procedure, which requires the clerk to keep a record of all papers filed, and substantially interfered with the right to appeal and to obtain injunctive relief. Were it not for the fact that the WSNC kept file-stamped copies of all pleadings, there would have been no proof that the appeal and motion for stay were actually filed. On May 18, 2000, the district court issued a Minute Order acknowledging the loss of documents. In the same Order, the Court also denied the motion for stay without opportunity for argument.

Astoundingly, the Court thereafter lost the refiling of the notice of apeal. As the original time -stamped copies of the notice were still in their possession, the Western Shoshone were able to reinstate their appeal after this second mishandling of their filings. By some series of actions in the District Court, both the first and second refilings came to be forwarded to the Appeals Court resulting in duplicicative appeals, one of which was subsequently dismissed.

On the basis of these facts, the WSNC filed a complaint of Judicial Misconduct against Judge Howard D. McKibben, District Court, Nevada. The national Council believes that the judge's actions were prejudicial to the fair, effective, and expeditious administration of the business of the courst, and that the Nevada District Court [and the 9th Circuit] has failed to provide fair, effective, and expeditious means to litigate Western Shoshone rights.

Western Shoshone National Council

Chief Raymond Yowell - Traditional Western Shoshone Cattlemen

Sub-Chief Allen Moss -Great Basin Descendents

Jerry Charles - Ely Shoshone Tribe

Carrie Dann - Traditional Dann Family

Johnnie Bobb - Yomba Wester Shoshone Traditional Community

Pauline Esteves - Timbisha shoshone Tribe

John Wells - Southern Western Shoshone

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