1,500 INDIAN ARTIFACTS REPORTEDLY FOUND INSIDE OREGON HOME 02/05/99 Authorities found about 1,500 Indian artifacts at the home of two men under investigation in the apparent looting of items from an ancient burial ground, a sheriff's official says. The cache at the Hermiston, Ore., home included arrowheads, spearheads and grinding stones, as well as garden tools and soil-sifting screens, Benton County sheriff's Capt. Jerry Hatcher said Thursday. Bone fragments and teeth found after deputies served a search warrant Wednesday night will undergo testing to determine whether they are human or animal, Hatcher said. The two men who share the home were arrested Tuesday night after a deputy on patrol spotted them inside a restricted area near the Plymouth boat launch on the Columbia River about 25 miles south of Kennewick. Deputies found methamphetamines on the men and possible evidence of artifact looting in their car, including arrowheads, head-mounted flashlights and knee pads, Hatcher said. David L. Bailey, 34, was held at the Benton County Jail for possession of methamphetamine and on unrelated arrest warrants out of Oregon, Hatcher said. Bail was set Thursday at $70,000. Steven L. Sawyer, 41, was being held in lieu of $5,000 bail for possession of methamphetamine. Artifact-looting charges likely will be filed after prosecutors determine whether to handle the case under state or federal statutes that protect Indian artifacts and remains, Hatcher said. While removal of arrowheads typically is considered a misdemeanor, theft of human remains or desecration of burial sites is a felony, he said. The location where the men were arrested is in the same area where authorities believe an Irrigon, Ore., couple looted thousands of arrowheads and other artifacts. Leona Joan Lightle and John Joseph Horner pleaded guilty last year in Benton County Superior Court to a misdemeanor count of disturbing archaeological resources. They were sentenced to a month in jail. They were charged after authorities discovered a cache of at least 30,000 artifacts inside their home in 1995. Detectives were trying to determine Thursday whether Bailey and Sawyer may have any links to the Irrigon couple or other people possibly involved in looting, Hatcher said. Weapons and drugs also were found in the search of Bailey's and Sawyer's home, Hatcher said. Umatilla County, Ore., authorities were investigating that aspect of the case. The Umatilla and Yakama tribes have claims to the disturbed lands on Plymouth Island in the Columbia River under an 1855 treaty that ceded Indian lands to the United States but guaranteed tribal burial grounds would remain undisturbed. Sheriff's detectives were working with members of the Confederated Tribes of the Umatilla Indian Reservation on Thursday to determine the extent of the damage to the site.

COURT UPHOLDS CHURCH EXEMPTION FROM PRESERVATION LAW 02/05/99 A state law exempting religious organizations from local landmark preservation laws, and letting them tear down and replace historic church buildings, is constitutional, a state appeals court has ruled. Overturning a judge's decision, the 3rd District Court of Appeal said Thursday that the law does not provide improper state assistance or endorsement of religion. ``The state has not assisted religious organizations but has merely stepped out of their way,'' said Presiding Justice Robert Puglia in the 3-0 ruling. Puglia recently retired from the court but is completing work on cases he heard before his retirement. The 1994 law stops cities and counties from enforcing historic landmark preservation laws against noncommercial property owned by religious organizations. A religious organization can alter or demolish a historic building if it decides the change is necessary for religious or financial purposes. The law was challenged by the city of San Francisco and private landmark-preservation groups. They won a ruling from Sacramento Superior Court Judge Joe Gray that the law established an unconstitutional state preference for religious organizations. But the appeals court said the law merely removes a potential burden from the practice of religion by allowing religious organizations to decide which of their buildings should be preserved. Puglia said other courts have reached varied conclusions on whether the enforcement of landmark preservation laws against churches violates freedom of religion. The state was entitled to avoid a potential conflict by granting a religious exemption, he said. He noted that the U.S. Supreme Court has upheld a law exempting religious employers from claims of religious discrimination. Justices Coleman Blease and Rodney Davis joined the decision.

APPEALS COURT AFFIRMS INJUNCTION PREVENTING HOUSE FROM BEING MOVED 02/04/99 The Colorado Historical Society has won another round in its battle with Black Hawk over the location of the historic Lace House, an 1864 home that is considered one of the best examples of the Carpenter Gothic style in the West. The Colorado Court of Appeals on Thursday affirmed a preliminary injunction issued by in 1997 by a Gilpin County judge that prevented Black Hawk from moving the home from its original location. The court ruling upheld the validity of a contract reached between the city and the society in 1976 that provided a $32,000 grant for restoration work on the home. In return, Black Hawk agreed to restore and preserve the home for 30 years. However, the pressure from developing casinos in Black Hawk has left the historic site a tiny island in a sea of parking lot and casino construction. Black Hawk officials proposed moving the Lace House to another location, where a ``historic village'' is being reassembled. The Historic Society sued, and was given the injunction on a breach of contract claim. The appeals court said Black Hawk cannot invalidate the contract it signed in 1976 just by adopting an ordinance. ``It (the contract) involves acts of a city in its proprietary capacity in which it acts for the private advantage of its residents and for itself as a legal entity,'' the court said. ``The City was under no duty to preserve the Lace House, but instead acted at the behest of its citizens. ``Accordingly, the City is subject to the same rules of business dealing that apply to a private party,'' the court said. ``The contract cannot simply be abrogated or ignored and must be given effect in light of its essential purpose.'' Black Hawk, the most successful of three gambling sites in Colorado, has seen hundreds of millions of dollars in casino development since gambling was approved by voters in 1990. However, the National Trust for Historic Preservation singled that area out as among the nation's 11 most endangered historic places because of the threat that development will destroy the historically important buildings and sites in the old gold mining district. Black Hawk's casinos average 80,000 square feet to 100,000 square feet in size and dwarf most of the original mining-era structures. The Lace House, a 25-foot tall wooden, gingerbread-style structure, is surrounded on four sides by casino development and is just up the street from a new casino of more than 400,000 square feet. It sits on an 80-foot wide and 100-foot deep lot. A legislative proposal that would have required input from the historical society if casinos exceed a certain size was defeated in the Colorado Legislature last year. Eagle Gaming, which owns the Canyon Casino in Black Hawk, has argued the building would fare better as part of a ``historic village.'' Eagle offered $3 million to gather buildings of historic merit in the proposed village.

RESTORATION PLANNED FOR HISTORIC LEGACY AT FORT LOWELL PARK 02/04/99 The rich historic legacy encapsuled in a tiny acreage on one edge of Fort Lowell Park is getting new attention. A three-acre parcel acquired by Tucson in the mid-1980s includes remnants of a century-old cavalry corral, a much-older Hohokam settlement and a 1940s-vintage adobe home. New plans call for the home to be restored. ``When it's finished, it will be used for exhibits, as an adjunct to the Fort Lowell Museum,'' said David Faust, curator of the museum that focuses on the Army presence here during the Apache Wars. The Indian settlement will be excavated. Faust envisions a reconstructed pit house or houses, depending on what evidence is found, that could show visitors how the Hohokam lived from the mid-1100s to the mid-1300s. The corral wall, meanwhile, will serve as a reminder that Tucson wouldn't be where it is were it not for the cavalry. ``The Tucson presidio was a Spanish cavalry post, with most of the soldiers having a string of five or six horses. The Tucson (Army) Depot (during the Apache Wars), the Confederates who came here were mounted, the California Volunteers, Fort Lowell _ it was cavalry all the way.'' Besides the stable, there were a blacksmith shop, a granary, a storage building and a room for stable orderlies. Remnants of an 8-foot-high adobe corral wall remain.,1225,63841,00.html Sentencing for a Southern California man in connection with the recovery of eight of 90 American Indian baskets stolen in 1996 from the Sierra Mono Museum in North Fork was continued Friday to Feb. 19. After the continuance, North Fork Mono tribal chairman Ron Goode said outside the courtroom that whoever has the 82 baskets still missing risks the "bad medicine" attached to them by tribal tradition. This week's most urgent task was for student and professional archaeologists on the site to recover human remains from what is believed to be a 150-year-old cemetery, one of the oldest in Minnesota. The discovery of five to seven more possible graves this week -- bringing the total to as many as 16 -- has been an educational bonanza. Plans to close two parks and raid two user-fee recreation funds to help balance the state budget drew protests yesterday. The two parks on the hit list are MacFarland Historical in Florence and Homolovi Ruins in Winslow. None of the proposed cuts or transfers are in Republican Gov. Jane Hull's proposed budget, and speaker after speaker at yesterday's hearing endorsed her version over the one drafted by the JLBC staff under the direction of GOP legislative leaders. A funding shift is being considered to save Homolovi Ruins State Park near Winslow and McFarland State Historic Park in Florence. Henry Ford's original Model T plant, where the seeds of the moving assembly line were sown, could get a new lease on life as an interactive automotive museum. The facility was where the first 12,000 Model T's were built in 1908 before production moved to Highland Park. Annual Nile floods vital to Egyptian agriculture were recorded. Those records are useful in estimating the frequency of the El Niņo climate phenomenon in the past. In Navajo country, a lot of people believe in prophecy. That the best-known Indian advocate could have his name on the case which undermines the protection of Indian rights - from an Indian perspective, all the signs are for something horrible to happen.