00038 BERNARD P. BECKER: An Inventory of His Papers at the Minnesota Historical Society Finding aid prepared by Kathryn A. Johnson Minnesota Historical Society
St. Paul MN.
 Finding aid encoded by Dennis Meissner January 6, 2004Finding aid written inEnglish August 2008Converted from EAD Version 1.0 to Version 2002 by Monica Manny Ralston, Daniel Sher, and Joyce Chapman. OVERVIEW OF THE COLLECTION Minnesota Historical Society Becker, Bernard P., ca.1939-1991. Bernard P. Becker papers. 1900-1991. Court case documents, correspondence, minutes, monographs, newspaper clippings, and related papers largely documenting Becker's involvement in court actions brought by various Minnesota bands of Ojibwe Indians against the State of Minnesota relating to the violation of hunting, fishing, and wild rice harvesting rights guaranteed by treaties. They include papers regarding white citizens' committees opposed to Indian rights, and the reservations' housing authorities and legal services. 7.25 cu. ft. (8 boxes). See Detailed Description section for shelf locations. BIOGRAPHY OF BERNARD BECKER

Bernard Becker was born in New York City and earned his law degree at the University of Minnesota in 1965, after which he served with legal aid societies in New York City and Minneapolis. In Minneapolis he became chief counsel handling cases involving Indian treaty rights and government benefit claims and cases involving juveniles. In 1986 he was appointed part-time magistrate serving U.S. district courts in Minnesota. Becker also taught classes at the William Mitchell College of Law, St. Paul (1973-1991), and at the University of Minnesota Law School (1986-1991), specializing in Indian law and child welfare and abuse. In 1975 and 1976 he was chief counsel and staff director of the Minnesota Legislature's Joint House-Senate Committee investigating problems at the Minnesota State Correctional Facility at Stillwater. He died in 1991.

 SCOPE AND CONTENTS OF THE PAPERS

Court case documents, correspondence, minutes, monographs, newspaper clippings, and related papers largely documenting Becker's involvement in court actions brought by various Minnesota bands of Ojibwe Indians against the State of Minnesota relating to the violation of hunting, fishing, and wild rice harvesting rights guaranteed by treaties. They include papers regarding white citizens' committees opposed to Indian rights, and the reservations' housing authorities and legal services.

The collection also documents other aspects of this U.S. Magistrate and law professor's career, including activities in Central Minnesota Legal Services, the Legal Aid Society of Minneapolis, and the National Legal Aid and Defenders Association, and in several organizations dealing with child protection (Indian and white) and juvenile crime. There is also information on his investigation of the Minnesota state correctional facility at Stillwater.

 ARRANGEMENT OF THE PAPERS Minnesota Ojibwe Legal Matters Minnesota Dakota Communities Indian Affairs Files Personal Subject Files and Related Papers OTHER FINDING AIDS

A print version of this finding aid is available in the repository; filed in ALPHA notebooks under the heading: Becker, Bernard P.

 CATALOG HEADINGS

This collection is indexed under the following headings in the catalog of the Minnesota Historical Society. Researchers desiring materials about related topics, persons or places should search the catalog using these headings.

Topics: Dakota Indians -- Government relations. Indians of North America -- Minnesota -- Child welfare. Indians of North America -- Minnesota -- Government relations, 1934-. Indians of North America -- Minnesota -- Hunting -- Law and legislation. Indians of North America -- Minnesota -- Reservations. Juvenile justice, Administration of -- Minnesota. Prisons -- Minnesota. Wild rice industry -- Minnesota. Indians of North America -- Minnesota -- Fishing -- Law and legislation. Ojibwa Indians -- Reservations. Ojibwa Indians -- Government relations. Indians of North America -- Minnesota -- Treaties. Persons: Herbst, Robert L. Leirfallom, Jarle B., 1913-. Organizations: Central Minnesota Legal Services. Legal Aid Society of Minneapolis. Minnesota Correctional Facility--Stillwater. Native American Rights Fund (Boulder, Colo.). Places: Fond du Lac Indian Reservation (Minn.). Mille Lacs Indian Reservation (Minn.). White Earth Indian Reservation (Minn.). Grand Portage Reservation (Minn.). Leech Lake Indian Reservation (Minn.). Red Lake Indian Reservation (Minn.). Occupations: Lawyers. ADMINISTRATIVE INFORMATION Preferred Citation:

[Indicate the cited item and/or series here]. Bernard P. Becker Papers. Minnesota Historical Society.

See the Chicago Manual of Style for additional examples

 Accession Information:

Accession number: 14,704

 Processing Information:

Processed by: Kathryn A. Johnson, August 1993

Catalog ID number: 09-00038037

DETAILED DESCRIPTION OF THE COLLECTION Minnesota Ojibwe Legal Matters

Boxes 1-5 contain legal documents relating to various claims against state agencies, the federal government, local municipalities, and individuals by the following bands of Ojibwe Indians: Fond du Lac, Grand Portage, Leech Lake, Mille Lacs, Red Lake, and White Earth. A large portion of the papers relate to the Leech Lake and White Earth bands and are concerned with controversies over hunting and fishing rights, housing, legal services, and natural resource usage on lands in and surrounding these two reservations. Included are legal summaries, motions, briefs, affidavits, some trial transcripts, correspondence, and copies of historical documents relevant to individual cases.

 143.A.3.6F 1 Fond du Lac Band: Dennis Morrison case, 1976. Civil File no. 4-85-109: Grand Portage Band v. Minnesota Department of Natural Resources, 1985: Miscellaneous papers, 1943-1985. Leech Lake Band: Leech Lake Citizens Committee v. Leech Lake Band: Case no. 6-72-325, 1972-1973. Leech Lake Indian Reservation Housing Authority, 1981. 2 folders. Leech Lake Indian Reservation Legal Services, 1973-1978. 3 folders. Case no. 3-69-65 (Minnesota Department of Natural Resources): Defendant's Memorandum and Pleadings, 1969-1971. Plaintiff's Response to Defendant's First Interrogation, 1969. Leirfallom and Herbst correspondence files, 1968-1973. 5 folders. Miscellaneous documents relating to the case, 1969. 3 folders. Pleadings file, 1969-1972. Certificates and affidavits, 1969. 143.A.3.7B 2 Plaintiff's memoranda, undated. 2 folders. Leirfallom and Herbst: Other Files: Memorandum in Opposition to Preliminary Injunction, undated. Motion to Intervene, 1972. Settlement negotiations, 1972-1973. 2 folders. Case nos. 3-69-64/73-1384: Motion and Consent, undated. Individual Cases: Russell Bryan v. Itasca County, undated and 1974-1976. 6 folders. Diekmann, Mike, 1983-1984. Forge, John C., 1975-1977. Mottaz, Florence Blackletter, 1985. Tibbetts, Michael C., 1978-1982. 7 folders. 143.A.3.8F 3 Tibbetts, Michael C., 1983-1986. 5 folders. Miscellaneous papers, undated and 1909-1986. 7 folders. Newspaper clippings, 1967-1973. 2 folders. Mille Lacs Band: Miscellaneous cases, 1978-1987. Minnesota Ojibwe Tribe: Indian Political Action Committee v. Tribal Executive Committee: Legal documents, 1974. Indian Political Action Committee: Temporary Restraining Order and Order to Show Cause and other papers, 1974-1976. United States v. Minnesota Ojibwe Tribal Lands, undated and 1918-1945. 2 folders. Employer compensation, 1967-1975. Supplemental points and plaintiff's briefs, 1974. 2 folders. Paul A. Nelson, Preliminary memorandum on Ojibwe Indian lands, 1974. Treaties, constitutions, and laws, 1937-1978. Drafts of teachers' guide and handbook, 1978. 2 folders. 143.A.4.1B 4 Correspondence and miscellaneous papers, 1936-1984. 3 folders. Red Lake Band: Topak, Bernard W., 1976-1979. 4 folders. White Earth Band: White Earth Band v. Minnesota Department of Natural Resources: Case No. 3-74-63: Background materials (including exhibits), 1900-1970. 3 folders. Correspondence and legal files, 1979-1981. 6 folders. Appellant's brief and index, 1978. Response memoranda, March 26, 1981. Trial transcripts, January 23 and May 13, 1981. 2 folders. Case Nos. 81-1805/81-1862: Appellees and cross appellants, [1981?]. Reply brief, [1981?]. Brief for the United States of America, 1981. Miscellaneous legal files, 1981. 143.A.4.2F 5 Individual Cases: State of Minnesota v. Bernard Clark: Defendant's and State's exhibits. 6 folders. Miscellaneous legal files, undated and 1973-1980. Littlewolf, Edna Emerson v. U.S. Department of the Interior and State of Minnesota (case no. 87-0822): Miscellaneous legal files, 1987-1988. Miscellaneous papers, 1917-1984. 2 folders. Minnesota Dakota Communities 143.A.4.2F 5 Smith v. Haliburton (case no. 4-82-549), 1982. Prior Lake v. Shakopee Dakota Community: Briefs and petitions, 1985. 2 folders.

Supreme Court case.

 Correspondence and miscellaneous legal files, 1915-1990. Indian Affairs Files 143.A.4.2F 5 American Indian Civil Rights Handbook, 1982. Anishinabe Legal Services, Cass Lake, 1981. "The Failure of American Law: Jurisdiction in the Indian Territory," New York University Law School, undated. Federation of Native Americans Controlled Survival Schools, Minneapolis (grant), 1982. Indian Child Welfare Act of 1978, 1978-1979. March on Washington, April 1970. Native American Rights Fund: Correspondence and miscellaneous papers, 1971-1983. 3 folders. 143.A.4.3B 6 Gerald Israel and Thomas L. Smithson, "Indian Taxation and Economic Development," undated. Appeal, statements, and transcript, undated, 1953. Omaha Tribe of Indians v. William A. Peters, 1975. Carole E. Goldberg, Public Law 280, undated. Seminars: Wounded Knee, 1974. 2 folders.

Includes class papers written by Becker's students.

 Indian law seminars, 1974-1977. Natural Resource Development in Indian Country, Boulder, Colorado, 1988. 2 folders. Minnesota Indian Reservation Legal Code Workshop, St. Paul, 1990. Gerald Robert Vizenor, Thomas James White Hawk, 1968. Tribal profiles and tribal constitutions, [1988?]. Becker's law class: Student papers on Indian affairs, 1980, 1984-1985. 2 folders. Correspondence regarding Indian cases handled by Tupper, Smith, and Seck, Walker, Minnesota (including Indian Political Action Committee), 1974-1978. 4 folders. Indian Affairs correspondence, undated and 1915-1990. 5 folders. Personal Subject Files and Related Papers 143.A.4.4F 7 Central Minnesota Legal Services: Minutes and related papers, 1977-1981. 3 folders.

Central Minnesota Legal Services, incorporated in Minneapolis with branches in St. Cloud, Little Falls, and Duluth, was organized to provide legal services and protection to individuals and organizations in the Central Minnesota area. The files include articles of incorporation and bylaws, minutes of the board (1977-1981), of which Becker was a member, and financial reports, budgets, salary information, and other administrative materials.

 Chicago Juvenile Justice Project evaluation, 1974. Child protection/child abuse legislation, 1976-1979. Department of Public Welfare v. Union Gospel Mission Child Care Center, 1972. Juvenile crime, 1969-1981. Legal Aid Society of Minneapolis: Minutes and related papers, 1967-1981. 4 folders.

The Legal Aid Society of Minneapolis (1967-1981) files contain resolutions, policy statements, board minutes, proposals to expand its services to central Minnesota (September 3, 1976), a report on legal representation for migrant workers (1977), and related materials.

 Legal Training Services program manual, 1972. National Legal Aid and Defenders Association, 1973-1974. National Juvenile Law Center, 1971-1972. Residential Community Corrections Program report, 1976. Sex offenders, 1976. Stillwater State Prison: "Joint House-Senate Stillwater State Prison Investigation Report" (draft), [1973?].

In 1973 a Joint House-Senate Prison Investigative Report was prepared following reports of problems at the Minnesota Correctional Facility at Stillwater. The report covers many aspects of prison life: visitor regulations, recreation, prison industries, discipline, education, and mental health. Accompanying the report are news releases, newspaper clippings, media commentaries, and correspondence in reaction to the report.

 Miscellaneous papers, undated and 1973-1975. 2 folders. Personal correspondence and miscellaneous papers, 1966-1969. 2 folders. 143.A.4.5B 8 Personal correspondence and miscellaneous papers, 1970-1985. 6 folders. 143.A.3.6F 1 Biographical information.