WGBH Journal; Mashpee Indian Case; Black Theatre Company

The Wapato at Tribal Council supported financially by the Native American Rights Fund filed suit in federal district court in Boston in July of 976. The council is seeking more than 12000 acres of land in Mashpee which they claim was taken from them in violation of the federal non intercourse act. A law which is supposed to protect Indian lands. If the Indians are to win their suit they must overcome two major hurdles in phase one of the trial they must convince one jury that the Wampanoags are indeed a tribe that they were a tribe in 1871 the town of Mashpee was incorporated and in 1976 when they filed suit. If they convinced the jury of their tribal status under the 900 one Supreme Court guidelines a new jury will be sequestered to determine whether the non intercourse act was indeed violated. It will be a long and hard court battle in Boston. And while the legal maneuvering takes place residents in Mashpee will be the hardest hit with the titles of all deeds in the town in question. Banks are not lending money. Property owners cannot sell or improve their homes. Businesses who cannot get loans are going out of

business. Peter Lawrence is a businessman and a homeowner in Mashpee. He is the president of the Mashpee action committee an organization established to raise money and support for their legal battle. Once explained to me recently how a peaceful town on the Cape became a divided one overnight after the suit was filed in any community you have people that have differences and people who look at other people differently. You know there are different sides of the tracks in every community but in Mashpee. I don't think anybody ever considered that there was a division in the town between the native population and the homeowners and property owners who came after after the natives since the suit was filed as they developed any bitterness or or any hard feelings against Indians and Indians against the non Indians.

Without question the town is just totally polarized now. I mean that now the curtain has descended where a curtain did not exist before. You know to any great degree. Now the curtain is definitely there. The polarization is great and people don't speak to each other. And the bitterness is very very deeply rooted banks are lending no money in the town and it extends to the point of you know even if you wanted to have a home improvement loan you know put on an addition or redo your basement or you know buy some new appliances or something. You cannot get any money from the banks at all because they just will not land on something that doesn't have a clear title. So while you really could sell your property you know ninety nine percent of the property is not selling because you can't find people with cash or who are willing to buy without a clear title.

So for all intent and purpose again the the buying and selling of homes and property in Mashpee does not exist. The basic issue of the first phase of the trial is whether or not the tribal community. And. I guess there are different definitions of what a tribal community is but in your own personal opinion do you faith feel that they have a legal right to call themselves a tribal community. I would think that from my own personal viewpoint that I don't see how they could really claim that they have been a tribe from time immemorial until present because in all the years that I have lived in Mashpee for 14 or 15 years I have never known them to act but only as a tribe for any governmental reasons or social reasons for that matter. You know yeah we had a powwow in town and everything but you know

they didn't exist as well as I could see as what. Definition of having a governmental structure and existing as a governmental body in a social body you know throughout time. Did you ever expect when you bought your house that anything like this would ever happen. Oh my God no I don't think I don't think anybody who you know were to get a down payment on a piece of property advise it and has it OK by the bank and the attorneys and the Land Court of Massachusetts. And starts to pay their mortgage and pays it for a number of years and then have somebody come along say that you really don't owe the private I got I certainly never would have expected that and if somebody had told me about it three years ago before the suit was filed I probably would have laughed at them and said Well you know the government would never allow this to happen the Land Court would never allow this to happen.

You know our state government would never allow this to happen. It's only until you're involved in it like we are where you find out that the government is letting it happen and that the state government is letting it happen and that the Land Court is letting it happen and that we're in this thing all by ourselves. That's pretty frightening when you figure you know one of the major things that this country was built on is the fact that people have the right to own their own property. And you know if if my great great grandfather had come into Mashpee and had you know stolen the land from the natives. I probably wouldn't feel as badly about it as I do now but I mean 15 years ago when my family came in from Ashby and bought property they didn't steal it from anybody they paid money for it and were given a deed for it and then they have somebody come along and tell you the deed possibly is no good and that's your house. You can't mortgage your LET you can't sell it.

That's kind of a frightening thing Mashpee Action Committee president Peter Marshall. Last week representatives of the town and of the Tribal Council met in Washington to discuss a settlement proposed by U.S. Senator Edward Kennedy Kennedy who chairs the committee on Indian Affairs offered the Indians a 4 million dollar settlement if they guaranteed to release some 1000 acres of developer land from the suit. These acres more or less contain the housing and businesses of non-natives in the town. The town however balked they insisted that there be more land is all from the claim suit so that homeowners can get a reasonable mortgage value when and if they sell their homes with the settlement rejected the Indian Affairs Committee is not expected to deal with the issue again until next year. The Wampanoags however claim they are not staking claim on any residential or other developed property although the suit implies that they have the right to claim the land under developed properties. They would not take anything from present property owners. They may however Levy rents on landlords in order to raise money in lieu of taxes since as a tribe

they could not levy taxes of their own. Robert maxim is one of the three selectmen in the town. He is whopping Auggie and has found himself caught in the middle of the suit. XM told me there was a great deal of confusion the town which needs to be cleared up. You know there's been some controversy raised over the issue of the fact that the tribe would claim the right to assess rents to properties which were developed that the tribe didn't want to reclaim possession of the property they want to reclaim ownership of it and they would allow the present home owner to maintain possession with the right of the tribes to claim rent. The provision was principally inserted. Because the tribe felt that if in fact this land was returned to them that there may be a liability in their parchment vied all the services. Which are then responsible to the people they are in. And there was fire and police protection and Highway and so forth.

The only procedure by which the tribe could raise revenues would be through a rent system because they don't have the right for taxation that would. That's expressly in the hands of the federal government so the only purpose by which they could raise the revenue is to provide the services if in fact a system was devised for them to recover the property would be through a rent system so that was grossly misinterpreted that the tribe had no intention of taking develop property from the outset that they had no intention of reclaiming that property with in fact a charge of rent a lease on the basis of profit selling the base providing service. I think to add to that the tribe census made it quite clear that they aren't interested in develop properties and gone so far as to say that we will relinquish any and all claim for that property in the courts as well as through legislation. Just to reinforce our statements that we don't want it. What the has this done in terms of the attitudes of people living in the town has it has it caused a lot of bitterness.

Yes sociologically there's been a tremendous divide. People who don't know for example Bob maxim but know that he's part Indian suddenly have a bitter taste in the mouth when the name by Maxim and it is not uncommon when you're dealing with the traumatic experience of someone being threatened supposedly with the loss of their home they're going to react in a very negative way toward those people they consider to be the aggressors which in this part happens to be the tribe. I don't feel it so there's been a tremendous amount of love lost I think there's the bulk of the people who felt very friendly with the tribe prior to this. I'm sure after this is over although they may have some disdain about the outcome of the trial or by the events that have led to the trial will nonetheless be able to walk and talk of for the people of the tribe. And I think both of the tribe feels the same way also with respect to some of the obstacles we're facing. Revenue is not coming in as a result of cash flow in the

developer's point. People refusing the the minority of people that are refusing to pay taxes because of the title in the cloud. I think that. These are all small things which are built up to an attitude of fire still itty you know toward members of the tribe and a very defensive attitude by the members of the tribe but the rest of the community lashed me selectman Roberd Maxim a member of the Wampanoags. I'm Greg Fitzgerald. The Blackfeet are just too tired gone from a formal protest to a means of release for every day problems the black community theater in Boston continues to do just this with a play that addresses the black consciousness from slavery

to the present. We talk to Diana Benson director of a musical currently playing at the Boston Center for the Arts about black images of black reflections. Yeah. Yeah. Lots of black images. Reflection So what's it all about. The black experience. It's a day we're we kidding. It's a bill what we've been put through our struggles are good. It was written as a black Chronicle review which speaks and gives historical background on black culture. Black images directly flexions gives the positive side of blacks. It gives what they have contributed. It gives what they have accomplish in America it's the great innovators and I think.

I must respond. The person has an interest in blacks. Can they realistically pursue this as a career or is it more or less something you have to do as a hobby. For us for blacks. It's harder because. Especially like for me being a black woman a woman wanting to be able to get a place to perform on stage every stage because I like the whole feeling I like the whole life. What I get out of it and I like how I touch the audience how I tell people what type of work is there available for a black actor or actress. Like I said it is foreign to me. The scripts are concerned. Like there aren't that many women if they are there you the mother

roles of their grandmothers or are we playing roles like prostitute or we're playing roles like. Like prison just. To have an impact on our problems and community problems. He is right for a purpose. He is he's trying to say OK. Just. MIKE OK if you're doing musical musicals are very into TV because you see the singing you see the dancing. You see all that everything is live it is a lot of

energy. We as a straight train which is speaking on life. Or wherever it is usually you have straight gems that deal with surrealism or they deal with naturalism or they deal with a theater of the absurd. It's a basic plot to try to convey some messages. Years ago when they did an especially when blasted. They did it they did it I did it to say something that's why a lot of times the go is because. We we were in control and things were taken away from. That if we are speaking the truth. People just don't want them. People don't want to accept the truth. What do you think black actors or actresses. Can. Do. To help young actresses or Arcturus come along too. I think.

That the success. She tried to reach out and help the ones who were trying to come. Instead of holding their own. I mean if you've been working on it for years you know I mean you you know. You just you know you just reach your goal is that you just tend to just forget forget it like. You just people. When a black plane is downtown attendance primarily white. Why do you feel. Community. Eventually dies a slow death.

The reason why theaters don't like that is because it's a lack of interest or brought up a certain way or day I lived in a certain that it just doesn't it doesn't sink into it. I feel you know what the response is going to be as far as the community is concerned. I hope it's a good one because I like people and it should be heard. I. Was. A taste of community theater. Black images black reflections at the Boston Center for the arts through Sunday for GBH Journal. This is Barry Carter and Richard Harrison. Tonight President kind of returns from his trip abroad back from the glamour of

foreign receptions to the workaday grind over jobs and taxes the American economy was a key consideration in the final two days of his trip in Paris and Brussels. The ailing American economy is worried Europeans even more than their own. They've used their own money to prop up the declining dollar for an American devaluation would affect all of them. After months of delay our Treasury and Federal Reserve announced the government will support the dollar abroad. That announcement was timed to the president's arrival in Paris and had instant effect both on the climate of his reception and the actual value of the No. Its value rose in hours after the announcement on the European markets up 6 percent in terms of the stable Swiss franc and similarly rising in German marks and British pounds pounds and the Japanese yen. It halted to decline in the New York Stock Market to restore five points on the Dow Jones in the hour left before closing Wednesday. It strengthened position held in European markets but in the New York Stock market price

decline continued yesterday after a brief rise as Wall Street looks skeptically at the Treasury's ability to sustain the dollar. Even with a 26 billion allocated for it the Europeans felt that the American government's support of the dollar was long overdue. The Treasury has shown no urgency over its year long decline. It saw an asset in a cheap dollar to assist American exports and so offset the heavy deficit in the balance of trade due chiefly to the excessive cost of imported oil. Cheap dollars make American goods easier to sell abroad and put a penalty price on imports. Japanese autos for instance up 20 percent in the year. I've just had a thank you note from a granddaughter in Taiwan for a Christmas check. She said tongue in cheek. She thought she'd buy yen with it. The dollar Philip lightened the last stage of what was diplomatically a difficult week. The president learned the hard way how very difficult it is to make any statement at all in

the Middle East deadlock without offending one side or the other. His language had asked Juan Klein there were rhetorical tightrope over the tense term self-determination for the Palestinians to Sadat's demand for it and begins outrage at it kind as final phrasing urged the Palestinians be allowed to participate in the determination of their own future. This is one of the three basic principles he hopes will be accepted January 15 by the foreign ministers in setting the basis for negotiations. If his travels had any appreciable effect on his domestic rating that may have come rather through His foregoing black tie formality at the elegant banquet the French president gave him in the grand hall of Versailles. The cameras cameras documented the journey step by step but paused only for an instant glimpse at the endlessly reaching rows of white crosses

that the two presidents faced in reverence at Omaha Beach. Those visible memories of the cost of two world wars in successive generations must have haunted the author of Only the best. They represented the best of the vitality of the Western world. The world they died to save has been unable to sustain such a depletion of energy. Its institutions have fallen into periodic successive collapse its political system has overturned its economy has blighted the present turned from the French battlefield of Brussels to spend his last day with the Council of NATO on the problems of the offense for Europe in Boston the new school committee's election of David Finnegan as its new president is seen as opening the prospect of a new climate in the school situation. Then again is made a commitment to a desegregation environment in every school in the city

he seeks to shun what he calls yesterday's rhetoric in relations with the court in the community and is expected to give the committee a fresh lead in developing quality education which will include the search for a new superintendent of schools as that of Marion Fay here expires. The Boston Redevelopment administration announces that it will create a shopper's model by next fall in downtown Boston to close some 10 blocks to traffic and the area to include the central folly Jordan store area of Washington and adjoining streets. It's a project long contemplated but for years resisted by the merchants it's designed to help. Who feared further trade loss from inconvenience to customers. But it's been forced by the increasing competition of the suburban shopping centers that carry trade inconveniences to easier each of the commuting population whose constant migration is draining the city year by year. The plans announced this morning in full detail street by street with the

hours allowed for truck loadings before 11 o'clock and for taxi use after 6 o'clock where the scheduled commuter bus routes to the three millions is allocated for street re-arrangement and promotion of the plan. The revival of the fan home market district and some housing restoration notably in the South End has somewhat stem they outstretched to the suburbs. The long delay in developing the Park Plaza project has been a setback to the city as against the suburbs. The B areas take nap again this week accepted as final. The withdrawal of Morton Zuckerman discouraged by all the roadblocks he faced. They announced they had advertised for a new developer. Caucus promptly filed with a new legislative session the court reform bill if it was allowed to die in the closing hours of the night session Tuesday night. The governor called a lapse of leadership that failed to bring the bill to final vote a disgusting case of legislative irresponsibility. He saw no reason why it should have to go through the rigamarole of new committee

hearings. Other critics are cited the failure to complete the most important measure of the year that had been before the legislature all year as a case of legislative incompetence. A midnight massacre. Boston Globe titled its editorial on the chaotic final hours that let the clock run out on the bell. The mail carrying the censures of the Cox Commission recommendations had overwhelming support in preliminary votes in both houses. Speaker Thomas McGee is admitted an error of judgment as he called it and holding back the belt. Others have less certain support had been passed. A tiny minority were able to kill the final minutes a lot of it. The votes are there Gay says and promises passage within a month. Both the governor and attorney general have announced an investigation into the sensational charges brought by the two state senators McKenzie and Carlo in their bid for a new trial. They were convicted of a $40000 extortion from a concerned MBM that had a state contract. Their claim is that their lawyer covered up

contribution the firm had made to campaigns of Senate sent President Harrington and then gotten a sergeant. And Mayor White and so we can their case. The contributions claimed for Sergeant they said were made to a fundraiser but Menzi no member of the Turnpike Authority governor to Congress or investigate that under his authority over a state employee. Attorney General bloddy investigating the charges of cover up in the trial sergeant has brushed off the charges nonsense. What is said then were they ever upon but Harrington's identified a check for $2000 to him from the m B m in 1070 which he says appears to have his indorsement expresses bewilderment over it. Senator James Kelly said yesterday he recalls endorsing an MBM check for $2000 to Kevin White's campaign for governor 970. When Kelley was chairman of a fundraiser of Hawaii these 1970 kind of campaign contributions of course have no other connection with the $40000 extortion which to Colorado and

Mackenzie were convicted. Then there is that their lawyer covered up the contributions during their trial out of political loyalty to the more important politicians. But the charges and less holy squash can damage the future careers of the three named particularly Harrington who is considered a probable candidate for governor. The judge's decision on the bid for a new trial will be seen as a judgment on the charges. The New York Times reports the Six Million Dollar Film Project lost to New York by the refusal of the local film union to allow former foreign camera man to be employed. The film director insists his choice of a camera man is essential to the character of the film. He announces that the film will be produced in Chicago. Any loss of a business enterprise is discouraging news in New York. Working its way through financial crisis. Some of the Union's own members are reported as good at the effect of so arbitrary imposition on the movement to win acceptance of unions in those right to work

states that have generally kept them out in the Mashpee NDA in case the jury decided today that the Wampanoags are not a tribe in the legal sense and so have no ground to bring their land claim to court. The jury had deliberated three days after listening to a three hour disquisition by Judge Skinner on weeks of history and legend by scholars and for Tigellinus their verdict decides what was a preliminary issue whether the Wampanoags meet the constitutional status of a tribe that is a self-governing body which was necessary to qualify them to bring their claim to court by the jury verdict. The Indians are left without qualification to bring suit for their claim of some 16000 acres of Mashpee.