YAKIMA, Wash. -- Longtime Yakama Nation attorney Tim Weaver left behind big shoes to fill, a tribal leader said Tuesday, a day after his death.
Weaver, a champion of American Indian law who battled in court for Yakama fishing rights, died at home Monday. He was 65.
He will be remembered as an aggressive attorney who was an advocate for tribal treaty fishing rights and who honored the Yakamas' way of life, said Yakama General Council Vice Chairwoman Mavis Kindness.
"Those who knew him, those that knew they could rely on him are going to miss him," she said Tuesday. "It's going to be a big void. It's going to be tough for us to find someone who was as aggressive as he was and as assertive."
Weaver spent 40 years representing the tribe in state and federal courts -- including two cases in U.S. Supreme Court -- over myriad issues, including fishing and water rights, zoning and development and natural resources.
On Tuesday, his son Tyler, also an attorney, said his father died peacefully and surrounded by family in his Yakima home.
Tyler Weaver said his father had cancer for nearly 18 years, and for the past 15 months "was really fighting a battle to stay ahead."
He had prepared for his death by arranging for a special tribal ceremony on the Yakama reservation and writing his own death notice.
"It's a big loss for us, but we're holding on and we know he put up the toughest fight he could," Tyler Weaver said.
Some Yakama tribal leaders considered Weaver a warrior who respected the tribe's way of life. They point to a 1974 case he successfully argued all the way to the 9th Circuit Court of Appeals, which for the first time affirmed the tribe's authority to enforce its own fishing laws outside reservation boundaries.
A ceremonial dinner was held for him at the Wapato Longhouse -- a traditional church -- after he retired in January.
"What he knew of our ways, our livelihood ... there were times he'd show up at our gatherings and he'd wear a vest and moccasins," Kindness said. "He showed respect."
Weaver grew up in Ellensburg and graduated from the University of Washington in 1967. He worked as a law clerk for Washington Supreme Court Justice Morrell Sharp after completing Willamette Law School in 1970.
He was also president of the Yakima County Bar Association.
"He was probably one of the giants of the Yakima County Bar Association," said Bob Tenney, the association's president. "Tim was a tremendous advocate and at the same time always full of grace and wit and a delight to work with."
His career got into full swing after taking a position at Jim Hovis' law firm, which specialized in Indian law. He later moved into his own practice and worked out of his downtown Yakima office housed in The Tower.
Hovis, who quit representing the tribe after experiencing health issues, said Weaver did an excellent job carrying the torch.
"He was a good hard worker and I was awful proud to have selected him because when I left, I thought he did a really good job," Hovis said. "Tim took over real well."
Succeeding Weaver is Yakima attorney Tom Zeilman, who recently took over his practice. He considered Weaver as among the best attorneys in the northwest and the expert on Indian treaty fishing rights.
"He left quite a legacy," Zeilman said.
Weaver touted a 2008 salmon accord between the Bonneville Power Administration and four Columbia River tribes, including the Yakama Nation, as his biggest accomplishments in recent years. The agreement committed federal agencies to dump some $900 million into fish restoration and protection efforts in the Columbia River basin.
"He was really proud of that," Zeilman said softly.
Survivors include his wife, Gail Weaver of Yakima; sons Tyler and Ryan Weaver; a brother, Jud Weaver; and four grandchildren.
Tribal history
For information on the Cheroenhaka and details on a July 24-25 pow wow at the Southampton County Fair Grounds: www.cheroenhaka-nottoway.org
I just wanted to express my appreciation to the Planning Committee for organizing the 33rd annual California Conference on American Indian Education. Conference Co-Chairs Irma Amaro and Rachel McBride did a great job in brining the Planning Committee together and ensuring we had another wonderful event that helped share valuable information that will improve the programs that serve American Indian students and families. A special thank you goes out to the Muwekma Ohlone Tribe and the Santa Clara American Indian community for hosting the event and working cooperatively with the Planning Committee to provide so many resources and ideas. From the Cultural sharing and hand game tournament the first day to the first General Session to the Pow Wow that conclude the conference everything ran smoothly which is a testament to the hard work of the Planning Committee and our many volunteers.
I look forward to working with the Planning Committee again on the next conference. Don't forget NIEA's convention is being held this year in San Diego October 7-10. You can get more information atwww.niea.orgKerry R. Venegas
Event Details
Start Date: March 25, 2010 - End Date: March 27, 2010
Location: Santa Clara Marriott 2700 Mission College Blvd. Santa Clara, Calif. 95054
Phone: (408) 988-1500
Event Description
SANTA CLARA, Calif. – The 33rd Annual California Conference on American Indian Education for 2010 is being held March 25 – 27 in Santa Clara. The theme is “Saving Our Language-Saving Our Culture.”Return to Events ListThe host hotel is the Santa Clara Marriott, 2700 Mission College Blvd., Santa Clara, Calif.. Make reservations as early as possible by calling (408) 988-1500, and reference CCAIE.
For more information contact co-chairs: Rachel McBride at (530) 895-4212, ext. 110 or rachel.4winds@sbcglobal.net; Irma Amaro at iamaro2007@hotmail.com; and Rene Samayoa at (408) 926-5247 or sjaiec@sbcglobal.net. Visit the Web site at www.cieda.org.
Native American America
Copyright © 2010 by Rod Van Mechelen; may be reprinted and distributed in its entirety with attribution to the author.
We can change the complexion of the conversation about racism
If every American who is "part-Indian" checked "American Indian or Alaska Native" on question 9 of the 2010 Census, and wrote in the tribe from which they are descended, as their "Principal Tribe," this would change the complexion of the conversation about racism in America.
For generations, many nations, and even many Americans, have claimed that America is racist because it is numerically dominated by White people. But by some estimates, more than half of all Americans today are "part-Indian." And by the criteria that apply to Asians, Blacks and Hispanics, all of those "part-Indian" Americans are Native Americans.
These criteria have nothing to do with tribal enrollment, but with ancestry and self-identity. So in reality, America might be "dominated" by Native American Indians. If that is the case, then all those people who claim America is a racist nation will have to rethink their position.
The genocidal history behind "part-Indian"
According to the US Census Bureau, Table 6, Resident Population by Sex, Race, and Hispanic-Origin Status: 2000 to 2007, 4,537,000 Americans reported being American Indian. In a 2007 population of 301,621,000, that represents 1.5% of the total, making American Indians one of the smallest minority groups.
Yet, millions of Americans claim to be "part-Indian." (Because so many identify as Cherokee, this has given rise to the joke: "Isn't everybody Cherokee?")
You don't find people claiming to be "part-Black" or "part-White." President Barack Obama, for example. He is half-Black and half-White, but everybody identifies him as Black, and history will remember him as America's first African-American president.
Why is this? Why do we identify some people as "part-Indians"? The reason is genocide.
During the 19th Century one of the federal government's policies that is very racist by our current standards was that full blooded Indians were Indian, half-blood Indians were "half breeds," and anything less was a "part-Indian" White, Black or Asian.
Being "part-Indian" meant they were not Indian, which meant that they could be disenfranchised from their native heritage and inheritance, because Indians, in those days, had neither citizenship nor property rights. (Those feminists who complain about the "historic oppression" of women, as demonstrated by how long it took for women to get the vote, generally ignore that women got the vote years before American Indians did.)
Federal agents promoted the use of the term, "part-Indian," and it became part of the common vernacular. As a consequence, millions of Americans today are disenfranchised from their native roots.
Hence, it is extremely common to hear an Asian, Black or Caucasian American say, "I'm part-Indian, but I can't prove it," or words to that effect. Fortunately, no proof of Native American descent is required on the Federal Census.
Nobody will demand proof. Tribal enrollment is not required. The Census is about how you identify yourself.
Why should we do this?
For most Americans, the reasons have to do with national identity and changing the complexion of the conversation about racism.
From its inception, America has had native roots. The assertion that the American Constitution is based on the Constitution of the Iroquois Confederacy is very debatable. But there can be no doubt that it influenced the founding fathers.
Moreover, American liberty was inspired by the liberty enjoyed by most Native American Indian tribes. Stories of this liberty inspired people around the world long before the American Revolution.
America's native roots run deep, yet more Irish-Americans feel connected to their Irish roots than America's "part-Indians" do to theirs.
There is an old observation that there are more Irish in America than there are in Ireland. Similarly, there are more Indians in America than there are members of Indian tribes.
Through the generations, most Native Americans have drifted away from the tribe(s) of their ancestors; yet, most Americans of native descent still feel some connection to their ancient heritage.
If millions of Americans reclaim their Native roots in the US Census, it will send a message around the world and to future generations that we are not a racist nation, but remember our native roots and are proud of it.
Why should American Indian tribes support this?
Officially, American Indians comprise only about 1.5% of the American population. Our "crunchy" conservatism is largely ignored because as a demographic we are perceived to be small.
But if it were known that 150 million or more Americans consider themselves to be Native American Indians, then our values, virtues and principles would be taken far more seriously.
And because there is a big difference between being counted as a Native American and being an enrolled member of a tribe, there is no reason why Indian tribes should not support this.
Taking pride in America
Every nation, great and small, has a variegated past. Some are dark, some are light, but few if any have so intentionally set out to be a beacon of hope for the world as America has.
As a nation we frequently fall short, but there remains so very much in which we can take pride. That includes our Native roots. As a nation, we should remember that, declare it and embrace it. The first step is through the US Census.
Every American who is "part-Indian" can begin this process by identifying themselves as "American Indian or Alaska Native" on question 9 of the 2010 Census, and writing in the principal tribe from which they are descended.